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Show LACK OF GOOD FAITH, CHARGE OF BERG Attorney for Shop Crafts Flays Attitude of Daugherty HOT LETTER READ Counsel for Unions Seek To Speed Up Final Hearing CfllC AG Q, Oct 5 .ppnrinsr he-fore he-fore Federal JudRp dames Tl WSiker-seii WSiker-seii today. Donald R. Richberg, attorney attor-ney for the railway shop crofts, ac-. ac-. used the departmen of justice of lack of tho Injunction caxo against the rail strike leiiders. Mi. Richberg declared that he and associate counsel had "held a vers unsatisfactory .. urtferen. " with 1 rdror '?eieril f-;.- I :."t... :. ';,!,! ,. temjit lo sie Atlornoy tjcneral Dnnigh-erty Dnnigh-erty In Washington with refereneo to an early final hearing or .a review of the interlocutory injunction handed down by Judge Wilkeraon of September Septem-ber 2:.. ' LETTER SHOT N t OI7BT in connection with his statement to the court in Shtch he ror;illf.,j thai Judge Wdkers n l. ii notified the government gov-ernment It should hold Itself In readings readi-ngs to go oil trkil at an earlv date, with the suggestion that opposing counsel attetn.p1 to agree on a trial program Mr. Richberg delivered to the court a copy of a letter to Solicitor jcnre.l Beck severely criticizing the I'oitio;i of th- government attorneys. After slating there were surprises and disappointments oVer the October 2 appointment with tli government attorneys. Mr Richberg said he had received a letter (mm the solicitor general. isert:n? the opinion of th.-dc-partme'n: of justice to be a follows: fol-lows: VtEWS 81 Ml ) "First: II It were practicable to have three circuit Judge.-, hear the case, that proceeding would not expedite. but delay it. '.'Second' That the department invites in-vites counsel for th" defendants to consider agreeing on a statement of facts and al couiuel for the defendants defend-ants to submit such a statement of facts. Third- If an agree, i statement of facts is not practicable, then two courses are open: ' A A stipulation to submit iu-e on the affidavits with leave to either parly to offer additional tesil-i::i.n tesil-i::i.n y .iti A trial .f the case largely on depoa tieiiH taken throughout th-I'n th-I'n ted States' except where a stipulation stipula-tion of facts may dispense with formal proof. ' RICHBERG'S REPJLi in in..- i.'.u-i in ri in.i iu num uui QenoraJ Reck. Mr. Ruhherg said: "There arc two matters which tho defendants desire to have expedited. First, a review of the Interlocutory injunction, in-junction, and second, a final hearing or the cose Your suggestions affect only the second matter and practically Ignore the matter of probably greater great-er Importance to the defendants " Tho shopcrafts attorney said hej would "seek to obtain protection of the rights of the defendants through orders wiiu h the court may enter and; through procedure Which the courti may adopt, despite the manifest opposition oppo-sition of the attorney general to tlv entry of any order or to the adoption of any procedure which will protect the defendants from the at.use of official of-ficial porter." DEPR1I EJD OF I BERT "The use of the sum ma 13 cqulty proeeasure to obtain a tentative conviction con-viction of 400.000 men of criminal Conspiracy upon evidence found solely in an undigested mass of ex parte affidavits af-fidavits reeking with hearsay and p r-Jury. r-Jury. has heeu made the means of J'-' prlving these men of liberty and prop-j erty so lonjf as the Interlocutory ln-Jumtlon ln-Jumtlon remains In fori"," the letter said. "Safeguards protecting the vilest, most notorious criminal caught rad-handed, rad-handed, have been denied to 190,000 Industrious, law abiding citizens and their chosen leaders." the letter con-i con-i knued. W 1S T THREE .11 DGES "Th attorney Keneral has certified that this Is a case of general public importance The defendants are entitled en-titled to a hearing before three Judges. Tho attorney general has refused re-fused to file a formal certificate, which would notify the circuit judges that the case should be assigned for httar-Ing httar-Ing before at leant ihre of them. Counsel for the defendants will, therefore, there-fore, ak the court that such notification notifi-cation ! given to the circuit judges, (Coutloucd on I -a go Two.) LACK OF GOOD FAITH, CHARGE Shopmen Try to Speed Up Final Injunction Hearing (Continued from Pntc One) that this case may be heard In accordance ac-cordance with the provisions of the uct of 1903 "Tho postponement threatens to take depositions 'throughout the United States' and make the burdm of defending de-fending as oppressive and expensive as possible to the already deeply wronged defendunts. As an alternative, alterna-tive, the department offers that counsel coun-sel for tho de.ft"-.tK may stipulate that the unknown and unexplored Mount Everest of ovldence' In the form of affidavits, be submitted a: though formally taken or In other words, that we allow the defendants to be found guilty of a criminal conspiracy con-spiracy without opportunity to i roes-cxamlne roes-cxamlne hundreds of witnesses, the incompetence in-competence and falsity of whose evidence evi-dence Is as well known to the government govern-ment as to oursolves. Such a suggestion sugges-tion 1(5 unworthy of any consideration Mr K'.chberg characterized as a leasts of tlmo" the trip to Wshln ton. which he said was mado at the suggestion of the cjurt and the assistant assist-ant solicitor general Oi - |