Detroit evening times. (Detroit, Mich) 1921-1958, 1944-05-26
FAIR
ENOUGH
| BY estbrook
PegIer
AN INTERESTING develop

ment has occurred in ~
case of Joe Fay. the hood
vice president of the Operating
Engineers Union, who has been
under indictment for a year in
New York County on charges of
extorting S405,0O0 from con-
tractors in the Delaware Aque-
duct construction job. the most
colossal shakedown of labor and
the public treasury in the smelly
history of public works.
In the ordinary course of
events, Fay would have been
tried an the court of general ses-
sions, which has ample jurisdic.
tfon and tries cases of first
degree murder involving fhe
penalty Of death.
Fay, however, has obtained
an order from Justice Denis
OLeary Cohalan of the SUI
pfeme court, transferring the
trial 10 that tribunal.
The supreme court also has
jurisdiction in criminal cases
but in New York County. in
practice almost exclusively a
civil court.
Fay obviously thought that he
would have an advantage in the
supreme court. otherwise he
would not have applied for the
transfer.
He reckoned on the possible
rustiness and unfamiliarity OF
supreme court judges in ham
ding criminal cases, and a great
possibility Of error, reversal and
ultimate dismissal.
being a powerful politi-
clan Of the Frank Haaue
machine in New Jersey and
connected in Washington. A
have hoped that politics would
work to his advantage.
At any rate, although the law
gives Justice Cohalan authority
10 transfer the case for good
cause shown" the papers on file
reveal no substantial reason.
Among the good causes adj
vanced by Fey was the fact that
his value TO the union depends
on his reputation for honesty
and integrity"
Aside from the fact that he
has NO such reputation but is a
notorious thug and associate Of
g%angsters, and once was kicked
out of his own union for acting
AS contractor and employer in
the reavy construction field. this
still would be no good cause"
Fay said further that convic.
ton would destroy his useful
ness TO organized labor" and
that the charges. therefore. are
important both 10 him and Ia
his union.
This is a loaded statement.
for Fay has never been useful
10 labor but a parasite on labor.
That the charges are important
10 Fay and the union may be
instantly admitted. but not in
the sense suggested.
CONVICTION would discredit
~ Fay and might remove him.
although many convicted crooks
and traitors 10 labor have con-
tinued 10 hold union office and
draw pay And graft.
But IL might start a reform
and liberate the workers from
the dictatorship Of greedy rack
eteers who have exploited them
for years.
Still no good cause" has been
offered except as the Justice has
legal authority TO determirf -
his own mind that anyt.
constitutes good cause"
Fay said that every effort
must he made to prevent pre- ill.,
dice against him. but offered no
argument that prejudice would
exist in general sessions.
And 10 his statement that il
would be necessary 10 examine
the jurors carefully as 10 their
views toward him and organ.
lzed labor. Frank s. Hogan. the
district attorney. argued in re-
ply that the system of selecting
and examining jurors would be
the same in general sessions and
that they would be drawn from
exactly the same sources.
JUSTICE COHALAN said IN
- his order that because some
newspaper comments had
roundly condemned Fay. his or.
ganization. his associates and
their practices. ''in that sense.
labor itself will be on trial"
The fact is that if FAY were
convicted he, nor labor. would
he condemned and labor would
be a winner.
KnowIe dge Test