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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Nov. 3, 1909)
TITE MORNING OREGONIAX, WEDNESDAY, NOVEMBER 3, 1909. 2 SENTENGE STANDS iT on GOMPERS Appeal Court Affirms Order That. Labor Federation Men Go to Jail. CHIEF JUSTICE DISSENTS Majority Holds Labor Unions Must Obry Courts, but Sheppard Says Injunction Violates Freedom of Speech. WASHINGTON, Nov. 2. The District Court of Appeals today affirmed the de cree of the Supreme Court of the Dis trict of Columbia, adjudging President Samuel Gompers, Secretary Frank Mor rison and Vice-President John Mitchell, of the American Federation of Labor, guilty of contempt of court in the Buck's Stove & Range case. Chief Justice Sheppard dissented from the opinion of the court on constitutional grounds. The court held that the fundamental is sue was whether the executive agencies of government should be obeyed or defied. The mere fact that the defendants were the officers of organizd labor in America, said the court, lent importance to the cause and added to the gravity of the situation, but It should not be permitted to influence the result. All Must Obey Courts. 'If an organization of citizens, however large." the court held, "may disobey the mandates of the court, the same reason ing would render them subject to indi vidual defiance. Both are subject to the law. and neither is above it. If a citi zen, though he may honestly believe his rights have been Invaded, may elect when and to what extent he will obey the man dates of the court and the requirements of the law, as Interpreted by the court; in stead of pursuing the orderly course of appesl. not only the courts but Govern ment Itself would become powerless and society would be reduced to a state of anarchy." Free Speech Violated. Chief Justice Sheppard in his dissent ing opinion held to the view that the decree should be reversed because he was convinced the lower court was without authority to make the only order which the defendants could be said to have disobeyed. The Chief Justice says: "As regards the conclusion that this proceeding must be regarded as criminal solely, and in consequence that the evi dence on which the conviction rests can be considered, because not presented In a bill of exceptions, reserved on hearing. I will content myself with saying that I am not clearly convinced that it must be so regarded. "I have heretofore expressed the opin ion that much of the injunction order was null and void because opposed to the constitutional provision concerning free dom of speech and of the press. Sub sequent reflection has confirmed this view. "I concede that Hie court had Jurisdic tion of the subject matter of the con troversy and of the parties, but I cannot agree that the decree was rendered in accordance with the power of the court a power limited by express provision of the Constitution." Ignored Anti-Boycott Order. The action of the Supreme Court of the District of Columbia in sentencing Gom pers, Mitchell and Morrison to twelve, nine and six months' imprisonment in jail, respectively, was the result of fail ure of these three defendants to obey the order of the court directing them to de sist from placing the Buck's Stove & Range Company, of St. Louis, on their "unfair list" in the prosecution of their boycott against the corporation. While the name of the corporation was removed from the unfair list of the Fed eration, Messrs. Gompers and Mitchell continued to keep alive the boycott by frequent reference to it in the Federa tlonist. official organ of the Federation. Pending an appeal, the three de fendants were allowed to give ball for their reappearance. Last March the Court of Appeals modified the decree granted by the Supreme Court of the District of Columbia by adding to the injunction the words "in furtherance of said boycott." The modification was looked upon by attorneys for the defendants as mate rially affecting the proceedings for contempt. They claimed that had those -words appeared In the original Injunc tion, the contempt proceedings never could have been decided against them. Right of Appeal in Doubt, When the decision was rendered, neither the labor leaders nor their counsel were present. As forecasted bv Mr. Gompers In a recent issue of the Federationist, an -attempt will be made to appeal the case to the United States Supreme Court. The right of appeal. However, is a matter of contro versy. Some attorneys hold that as this decision finds the contempt to have been a criminal offense, the Court of Appeals would have the last say in the matter, as it has of all criminal cases In the District. Others, however, con tend that as the constitutional right of free speech and liberty of the press Is Involved, the labor leaders may prosecute an appeal. No action will be taken toward the arrest of the men until the matter of the appeal has been determined. BUCK'S FIGHTING FOR COCKTS Stove Company's Battle Made to Up hold Kight9 of Law. NEW YORK. Nov. t James M. Beck, of counsel for the complainant. Buck's Stove Range Company, of St. Louis, said today: "I want to Impress the fact that these contempt proceedings were not fought by the Buck company or its counsel pri marily or principally to protect personal ruihus, but to vindicate the power of the courts to enforce their decrees. "If such a decree could be defied, as in this Instance, by men of great power, there would be an end to the enforce ment of the law, and that means anarchy." a GO.MPEKS PROMISES BATTLE Labor Leader to Go to Jail Fighting for Free Speech. NEW YORK, Nov. 2. President Gom pers Issued the following statement in regard to the decision today In the Buck's Siove A Ranpce Company case: "With all due respect to the majority of the court. I cannot surrender constitu tionally guaranteed rights because a Judge will Issue an Injunction invading and denying these rights. "Chief Justice Sheppard' dissenting opinion is in defense of the ' constitu tional and Inherent rights. Minority opinions of courts in the past, when human rights were invaded, have ulti mately prevailed, become the law of the land and the generally accepted rule of life, and I have an abiding faith that the rule in this case will prove no exception. "If I must go to jail. I shall have the consciousness of the fact that other men have In the past been compelled to suffer in defense of justice and right in the cause of humanity and for the maintenance of human liberty." Mr. Gompers said an appeal would probably be taken to the United States Supreme Court. "We will fight to the last ditch," Mr. Gompers added, "and then beyond that." James M. Beck, of counsel for the complainant, the Buck's Stove & Range Company, of St. Louis, said today: "I want to Impress the fact that these contempt proceedings were not fought by the Buck's Company or its counsel primarily or principally to pro tect personal rights, but to vindicate the power of the courts to enforce their decrees. For If such a decree could be defied, as in this Instance, by men of great power, there would be an end to the enforcement of the law, and that means anarchy." VAX CLEAVE EXPLAINS STAND Says Assault Was Plotted in Cold Blood Against Company. ST. LOUIS. Nov. 2. J. VT. Van Cleave, president of the Buck's Stove & Range Company, issued a statement to day concerning the case of Messrs. Gompers, Morrison and MltcheU. He said : "The assault upon me by the American Federation of Labor in 1906 was plotted In cold blood. I was assailed, not as an individual, but as president of the National Association of Manufacturers, the most influential organization of busi ness men on the globe. The Federation did this in order to show its power. It aimed to strike terror Into everybody outside its own ranks, and to coerce the President of the United States, the Con gress and the Courts, Federal and State, to do its bidding. "As a law abiding citizen, I appealed to the courts to protect me in my con stitutional rights. Supposing the leaders of the Federation would desist from their attacks upon our business- when enjoined by the court, especially when the injunc tion was made permanent, I was sur prised when they refused to obey and I was amazed when, to disobedience, they added open and ostentatious defiance. "And, let it be remembered, these vio lators of law and these assailants of the courts, were not individual offenders, but acted In the name of 2,009.000 of persons whom they claim to be members of their league. "It must be- remembered these men are not convicted because of their at tempt to destroy the business of the Buck's Stove & Range Company, but be cause they openly defied the order of a Federal Court." DROPS STARTING WEIGHTS Wilbur Wright Leaves Ground in 12-Mile Wind. COLLEGE PARK. Md., Nov. 2. Tak ing his biplane into the air in a 12-mile wind and without assistance of the starting weights, was the feature of Wilbur Wrighfs flight on the Govern ment aviation field today. Just before 5 o'clock Mr. Wright made the first trip of the day, remain ing in the air only about two minutes. A second flight of about the same dura tion was made just as aarkness was coming on, Wright taking with him Lieutenant Lahm. Ascending to a height of 75 feet the engine was stopped and the biplane gracefully glided to the earth. LAHM LEAVES SIGNAL CORPS Army's Balloon Expert Forced to Return to Cavalry. WASHINGTON, Nov. 2. Lieutenant Frank P. Lahm, who gained fame by winning the James Gordon Bennett cup In Europe last year for the longest flights in a dirigible balloon, has been relieved from detail In the Signal Corps and ordered to report to his cavalry regiment. His place will be taken by Lieutenant Walter C. Jones, of the Thirteenth Infantry, 'now stationed at Fort La ven worth. Lieutenant Lahm's retirement from the Signal Corps is compulsory under Section 0 of the Army regulations. During the last two or three weeks Lieutenant Lahm has been engaged at the new aeroplane station at College Park, Md.. in giving Instructions to other officers of the Signt-1 Corps. Rougler Ascends 800 Feet. ANTWERP, Nov. 2. M. Rougler, the French aeroplanist, made a flight today in which he attained a height of 800 feet. FRAUD PROMOTER CAUGHT Captain Graham Says He Was Cats paw In Mining Schemes. LOS ANdELES. Nov. 2. "I have been used as a catspaw," was the statement made by Captain Angus A. Graham, mining promoter, who reached this city in custody tonight, having been brought back from Seattle to answer an embezzlement charge. The accusation against him is that he organized a company of ten men to Investigate Mexican mining prop erty, collected $250 from each member and disappeared. After tn- police had bulletined him for five months in all the larger cities of the United States as a fugitive from justice, he was arrested In Seattle on October 22. Captain Graham is well known In Chicago, San Francisco and Denver. CARRIES HER THROUGH FIRE Theatrical Man Saves Woman at Cost or Own Life. COLGATE. Okla., Nov. 2. In a fire which destroyed the Newport Hotel here today, Carl W". McRaven, a the atrical manager of Birmingham, Ala., was perhaps fatally burned. Late to night the doctors said he was dying. Walter Mayor, of Colgate, Is miss ing, and it is feared he may have burned to death. Miss Frances Ger hardt. of Kansas City, and John Mar tin, of Colgate, were badly burned. McRaven suffered his Injuries in sav ing the life of Miss Gerhardt. He was attracted by her screams while he was escaping. He returned to the burning hotel and carried her through the flames to the street. Then he fell un conscious. Two other buildings besides the ho tel were destroyed. The loss is $100,009. Hawaiian Legislature Meets. HONOLULU. Nov. 2. The Legislature met in special session today to consider recommendations to Congress for the amendment of the territorial organic act under which Hawaii is governed. In his message to the Legislature, Governor Walter F. Frear submitted a plan to change the land laws of the territory for the purpose of encouraging home steading. ' Skinner's Satin Costs $1.50 a Yard and Is Guaranteed to Wear Two Seasons Umbrellas Re Vols. $3.50 Special at $2.48 Taffeta Umbrellas Men's and women's, silk and lisle, fitted with ebony, mission, La Tour and fancy trimmed handles. Regular $3.50 values, OO An on sale "Wednesday at. .wZiHO Women's Novelty Elastic Belt ing', in plain or in jet studded effects. The colors arc black, navy, brown, green, tan and light shades. Values up to C 12e per inch, special price. WU Ostrich Feather Boas, in blacE, white, brown or evening shades ; V or 2 vds. long. Price from $15.00 to $20.00 PQ QQ each, special at only. . .OviwO Women's Neckwear A special display at a low price; all the new styles in Wash Stock Col lars, Lace Stock Collars, Rabats, Venise Lace Stocks and Novelty Pieces; regular 0C 35c values, at only, each. ,ZUb FOR WINTER WEAR A stirring special from the wide-awake Men's Section for Wednesday Cotton Ribbed it i "i i, f-, unuerwear in iieavy weiuuto, y 1-. oil si'7ae.S 'f-H shirts with silk fronts and $ pearl buttons; drawers with strongly reinforced seams; sateen faced; perfect fitting garments that wash and wear well and do not shrink ; 0 Q p regular $1.25 value, onlyUUu .Vv,1'.v--, .. I $4.00 HANDBAGS ?2.S3 A handbag that is in the most correct style and of leather that will give more than satis factory wear. They're the popular colors, tans, black, brown or green; they're leather lined, fitted with extra coin purse; several styles and sizes; superb $4 values, but bought at a special saving, so we are sure you will be enthusias- 00 fl C tic over them at onlyuiOJ Gloves 1 1 "Sift QklsWortman&Kmg wma s- m . . rt . rtmr j-t s l1 OR J m) tVfak Suy a l aiiorea suit at $4o.i?o Fit yourself out with one of the jaunty stylish, ultra-correct tailored costumes we are selling at-twenty-three ninety-eight. Superb materials, extra well made and well finished; hand tailored. The fabrics are plain colors, serges and cheviots' or the season's best-styles in fancy wool mixtures. A wealth of CQQ 00 choice; every size; good color assortment, and val. to $48.50 ea., at, only. OZuiwO NEW ARRIVALS IN DRESSES FOR WOMEN AND MISSES. Light weight serges, broadcloths, diagonals, voiles, taffeta silks, etc. New Tight or Half -Fitting Coats for Women, the most swagger models. Women's and Misses' Military Capes. Women's Raincoats in great assortment. Women's, Misses and Children's absolutely Rainproof Capes. Mens $1.25 Underwear 89c 89c Pair Women's Gauntlet Gloves, in tan or gray; all sizes; sell regularly at $1.25 and 0Q $1.50 pair, Wednesday. .03 U Women's Cape Gloves, in the best shades of tan and in all sizes; the correct thing ,for rough wear: reg. $1.50 OQn values, special, only UJu Infants' and Children's Wool Mittens, in white, navy or red. Regular 25c value, dur- 1 C ing this sale, the pair. . . I uu 35c values, special at. . .25? Dress Trimmings, neat effects in binds and galloons; 2 to 4 in. wide; the correct wanted kind for this season's wear. Values to $2.50 the Q0 yard at this low price. . . uOu Note the superb assortment of fine imported trimmings that we are showing. Chosen by our own representative espe cially for Portland trade. Wednesday's Hosiery and Underwear Specials 15c Children's Underwear, medium weight, elastic ribbed cotton pants, vests and drawers, sizes 18 to 34, size 18, garm't. Size 20, in. Size 22, On. Size 2i, QQp garment . ,IOu garment . ,ZUu garment . XJu Size 26. OC Size 28, OQ. Size 30, . XUu garment . .Juu garment Size 32, garment garment 33c Size 34, garment ..350 Women's Underwear, medium or heavy weight, vests, pants and union suits. Lisle, cotton, or wool and cotton. 'Tis a lot of odds and ends, all sizes in the assortment but not all sizes in each lot; reg- QDn uuu ular value to $1.75, garment Misses' Hose, fast black, medium weight ribbed lisle, in sizes 5 to 9i, reg. 35c 1 Qp values, special for today at, the pair. . I d U Boys' Hose, heavy weight, fast black cotton, splendid for school wear, sizes 6 to 94. i C regular 25c values, special for today. . I Ju Women's Mercerized Hose medium weight, sizes 812 to 10, regular 50c , values, OQp crovlal -frvr fnrlnv the. nflir. for LUU k.l J Y.,V-1.C i , J 7 ( o - - - Women's Union Suits, medium weight ribbed swiss, low neck, umbrella knee, lace trimmed, regular pJ..J.U va,lUts; SjjeuiiU. wi tuxicotxaj' oao, il, uic gaiiucui Women's Handkerchiefs, fine linen in Amriswyl, Madeira or swiss em broidered; regular values to 50c each; special, six' for $1.95 QCp or each, for this sale, only. . . Juu WOMEN'S HANDKERCHIEFS, all prices. We've dozens of different styles, pure linen, lace or embroidery trimmed, at 25 79c Venise Allover Laces, cream or ecru, fine for in white, oi on vokes, sleeves; $3 val., yd. U I idO Chiffon Automobile Veils, 40 in. wide, 90 inches long, large selec tion of colors, $2.50 and 01 Aft $3 values; special, each U I iTU r $5 Shoes women $2.49. Pr. Not all $5 values, but many worth this much and a splen did lot of good styles in $3.50 grades to help out sizes in the higher priced kinds. We include in this lot 2700 pairs of ingree Gloria Shoes, 800 pairs of La Bonte $3.50 Shoes and many pairs of short lines in $4.00 and $5.00 grades. This makes a complete assortment of styles and sizes, a lot that contains patent leathers, calf leathers, button styles, lace shoes, etc. In all tnere are uu pairs m iu fiiic inro-p number will reduce quickly before v.Q iano-M that, will be made upon it. Your choice tor. Women's Shoes in Odd and Ends of shoes worth from $3.50 to $5.00; no two pairs alike, mostly small sizes and narrow widths, 01 f vour choice of any pair in this lot today at this low price . . . U I j U U " i " 1 1 v I W Black Petticoats at 98c S2.49 Women's Black Percaline Petticoats, made with shirred flounce, under-f ounce and dust ruffle. Regular QQp $1.35 values to be had during this sale at, each uOu Children's Outing Flannel Gowns, small sizes, made of striped outing flannel; yokes finished with fancy stitching; values to 75c each; during sale at only. . . Corset Covers, made of fine quality nainsook, '. trimmed with lace and medallions; values to 65c, at. Corset Girdles, made of tape; $1.00 quality, to close out are marked at. Children's Bath Robes, in eiderdown or double-faced blanketine; plain SQ or figured effects; ages 1 to 6 years; regular $2 values at this low price. 0 I iO Kegular $2.75 values at .2.19 Regular $3.75 values at only $2.98 Boys' Knickerbocker Suits, velour or cream serge. The velours come in brown, navy or dark green. Ages 2 to 6 years ; regular $11 values, sp ' 37c 49c .37? S.S7.98 J II BREWERS LOSE OUT Indianapolis Gives Victory to Prohibition Forces. REPUBLICAN MAYOR WINS Liquor Interests More Successful Throughout State Both Sides ' Bluffed at Gary Militia Kept on the Job. INDIANAPOLIS. Ind.. Nov. 2. (Spe cial.) Samuel Lewis Shanks, the auc tioneer candidate of the Republicans, who began business as driver of a delivery vafcon, was elected Mayor of this city today by a majority of 1500 over Charles Gauss, his Democratic op ponent. Judge Fremont Alvord, inde pendent, does not appear to have polled any votes of consequence. The election of Shanks probably means the entire Republican ticket has pulled through. The result is a distinct victor' for the Prohibition and reform element, as it was considered that the breweries would control the city In the event of Gauss' election. Money Falls to Win. Thomas TaRgart was very active in behalf of Gauss and the Democratic candidate had unlimited funds back of him. Throughout the state the linuor in terests seem to have met with more success. South Bend was captured by the liberals." and in Michigan City, Fred C. Miller, proprietor of the "'Bucket of Blood" saloon, is elected Mayor. Laporte elected as Mayor Lemuel Darrow, a disbarred attorney, who has been convicted' of subornation of periury. Gary, the new steel city, afforded the most spectacular fight in the state. By actual count there was an armed officer for every elx men at the polls. Retainers Arrest Retainers. The three parties each had 200 armed retainers and they put In the day arrest ing each other. Meanwhile a company of militia was kept under arms at South Bend all day, In preparation for riots. The result is much in doubt, although it is believed Mayor Crolius, Democrat, has been re-elected. The absence of blqodehed at the polls was due evidently to the fact that each faction, had bluffed the others so thor oughly that no one dared "start any thing." The preparations were sufficiently Im pressive. Rifles Bluff Turbulent. Several cases of Winchester rifles were shipped in last night and more than one of them appeared on the streets today. Efeirly in the morning they ran out of "billies" for the deputies and started a furniture dealer cutting up curtain poles for the purpose. The telegraph company had a direct wire connecting Gary with Governor Marshall's office at Indianapolis. From Chicago a band of sluggers un der the leadership of a famous character known as "Dog Face Charlie" appeared early in the day and figured prominently in several of the alleged attempts to steal ballot boxes. F CAUSES DEATH Battle at Breathitt County Polls Is Fatal. MORE LAND FOR SETTLERS Tract in Wyoming Comes Under Enlarged Homestead Act. WASHINGTON, Nov. 4 Secretary Bel linger today designated as being sub ject to disposition under the enlarged home bill, approximately 179,440 acres of land in Sun Dance district, Wyoming. This makes a total of 12,145.280 acres thus designated in this state. Under the enlarged homestead bill, settlers are given the right to 320 instead of 160 acres. ARSON DESTROYS BALLOTS Thwarted In Seizing Ballots, Faction Burns House Where They Are Guarded Other Ballots Seized and Hidden. JACKSON, Ky., Nov. 2. Tilden Blanton today killed Demosthenes Noble, after an election quarrel in which Noble had crip pled Blanton's right arm with a bullet. Noble had previously, according to Blan ton, placed a pistol at the breast of two of Blanton's brothers. Noble was a for mer employe of James Hargis, and com plications are expected. Blanton, whose father was the Demo cratic candidate for County Attorney, was acting as challenger, and his story is that Noble was Induced to raise a dis- turbance by discomfited Republicans. Reports from Crockettsville and Se bastian's Branch early today were that two attempts, one successful, had been made to steal ballots near Crocketts ville precinct, at the mouth of Long's Creek. The- home of Mary Dealin, who held the ballots for that pre cinct, was destroyed by fire and the ballots were burned. At Sebastian's Branch precinct the Democrats are re ported to have seized the ballots and hid den them. According to their political beliefs Jack eon and Breathitt County men stigmatize the firing of the Dealin home as incendi ary or accidental. The most reliable re port from the place, which is 22 miles away, is that Mrs. Dealin was feeding the Lexington soldiers .under Captain Sams when the fire occurred. Fresh ballots were supplied from Jackson. The burued ballots were those which an armed crowd of men threatened to take from a Jackson bank last week and which were finally given to Mary Dealin by Judge Adams for safekeeping. Of the theft of the Sebastian Branch ballots no details are now obtainable. Crockettsville is the feudal seat of ex Sheriff Edward Callahan. Berry Turner, alleged head of the Smith and Deaton factions, an enemy of the Cnllahans, op- FLASH . Recommended by Phyalclana and Surgeons, i FLASH ANTISEP TIC HAND CLEAN ER is a new dirt hustler that is meeting- with unbounded success and is being demanded all over the world in place of soap. FLASH Is different from other simi lar preparations in that it contains no acids or. lye. as it is not a soap, but is composed of glycerine and other anti septic healing oils in conjunction with finely-ground Pumice and a small per centage of chemically-pure soap stock, very beneficial to the skin. Everything in it is pure and healthful and -guaranteed not to injure the most delicate hands. It is made to do what nonp cannot do and has become THE hand cleaner, for cleansing and preserv ing the hands of all the people, in every cIrmk. and at every place. It In liecoiiilnpc very popnlnr with the honnewife, clennlnie woodwork, Mink, Hath tubs, floor, paint, kitchen atemtiln and everything nbout the honie, In fact It la a hoaffehold necenity. Do not accept imitations. Insist on Flanh in red cans. All druggists, gro cers and automobile supply houses. Fine for the taste better for the diges tion. Why not? It's made from pure fruit and grain such a pleasant and healthy drink for children. All grocers. r e posed an attempt to take the precincts ior ine .democratic nominee for Circuit Judsre. D, B. Redwine. Talks on Teetli BV THE REX DENTAL CO. Book About Teetfi Free Only a few people know why teeth decay, loosen and fall out. It Is a subject that deserves close study. We have written a book which goes into the subject of teeth In general but the particular object we had in writing this book was to tell about the ALVEOLAR method of supplying miss ing teeth without the aid of plates and bridgework. When we first began this ALVEOLAR method incredulous. They failed the work could be done. revolution of existing methods. tists said it couldn't be done. to advertise people were , to see how It meant a Den- thousands of men and women In this city and throughout , the country will gladly testify that it CAN be done, and in tneir rases HAS JiJSli.'M DONE. They used to say pyorrhea (Rlggs disease) was incurable, but .we have been curing it right along and making loose teeth tight and firm in the gums. Dentists and laymen have had to ao knowledce that there was no use going behind the returns THERE WERE TOO MANY PEOPLE READY TO TES TIFY IN FAVOR OF OUR METHOD. Most of our patients have come to us through reading these books. We want to send tnem to you if you have teeth troubles of any kind, and particularly if you are wearing a partial plate or so-called "bridge" work. The ALVEOLAR teeth do away with plate and bridgework. All we abk is two or more teeth In either jaw don't ask that they be firm in the gums we wil fix that. If you cannot call Just write to us the books will be sent to you absolutelv free. WHEN YOU READ THEM YOI? WILL ARRANOK TO COME TO Ol'lt OFFICE TO HAVE NEW TEETH PUT IN YOUR MOUTH JUST AS THOU SANDS HAVE DONE AND ARE DO ING EVERY MONTH IN THE YEAR. Our diagnosis is entirely free and carrier no obligation to have work donf. BUT IT MUST BE DONE AT OUR OFFICE. The ALVEOLAR method can only be practiced by us. THE REX DENTAL CO.. Dentists. 311-314 Abington Bldg., 106 V Third St.