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About The Sunday Oregonian. (Portland, Ore.) 1881-current | View Entire Issue (Nov. 9, 1919)
TIIE SUNDAY ORECOXIAX, PORTLAND, NOVE3IBEK 0, 1919, MllieS' ..BATTLE IN COURT FUTILE Refusal to Recall Injunction Order Expected. IGHT FOR FUNDS FAILS bovernment's Case in Coal Crisis Quickly Presented and Strike Recall Is Demanded. INDIANAPOLIS. Nov. 8. Anticipat ng rejection by the United States dis- jtrict court here today of their motion jl'or dismissal of the restraining order (issued against officials of the United -Mine Workers of America, attorney for the miners today prepared to make a fight for release of the coal miners' . strike fund now tied up by the injunction proceedings. The United Mine Workers of Amer ica, through their attorney, Henry Warrum, asked at the opening that the proceedings be postponed a week or 10 days in the hope that mean while the strike might be settled. The government, through C. B. Ames, as sistant attorney - general, objected, and the court thereupon took up the motion to dissolve the injunction. The government position was that the case was too important to admit de lay. The attorneys then agreed that in ruling upon the motion for dissolu tion of the restraining order the court might also rule on the question of issuing an injunction as prayed in the petition filed last week, by the government. Mr. Ames then offered affidavits from H. B. Spencer and Marion Under wood of the railroad administration at Washington, as to diminishing supplies and diminishing financial re turns through operation-of the roads. Roads Seriously Affected. 'Taken together, these affidavits show," said Judge Ames, "that the government is operating the railroads now at a loss, which will increase with diminution of supplies for opera tion." i Counsel for the defense tried to ob ject to the reading but Judge Ander son halted them. These are equity proceedingrs"and I am going to let the evidence in," said Hie court. Judge Ames then read an affidavit from Thomas L. Lewis, secretary of the New River Coal association of West Virginia. This document de tailed the alleged violation of union contracts in that field. Similar affi davits were offered detailing alleged similar conditions in eastern Ken tucky and Tennessee. Judge Ames then related the re establishment of certain fuel admin istration orders. 'I believe these are all the facts we wish to present at this time," said Judge Ames. Strike Legality Asserted. The defense thereupon started to read its motion to dissolve in the form of an affidavit. The document asserted the legality of the strike call and that the sole object was to better the living condi tions of the miners by increased wages and shorter working hours. This was explained as designed io combat the government assertion as a, conspiracy to violate the Lver food and fuel control act. The affidavit cited the statute- for bidding Issuance of injunctions In labor disputes unless based upon de struction of property of the com plainant. The Lever act, it was arr grued, had become ineffective because the war had "ceased progwsssively," two of the circumstances cited in this connection being that the soldier members of the union had been dis charged trom government service and that the coal mines had been re turned to their owners. War Is Declared Ended, "The union members therefore be lieved that peace had come and that the United States was no longer at war," said the affidavit, and it offered to show in court that by acts of the federal administration the war powers relating to the fuel industry-had been oissolved. The motion also argued that the restraining order was calculated to destroy the right to strike and result in dissolution of the organization.- It also asserted that the portion of the order restraining use of union funds confiscated property without due process of law. This closed the evidence, and Judge Anderson then agreed with the attor neys that an hour and a half be al lowed each side for argument. Judge Ames opened for the govern ment. Wilson Statement Read. Heading from the congressional rec ord, he got into the case President Wilson's statement on the coal strike. reading it in full. President Lewis of the union, with thumbs thrust into the armholes of his waistcoat, listened to the chief executive's excoriation of the organization with a nonchalant manner, emphasized by closed eyes and occasional use of a pencil as a (.UULnpiK "The president etates fact in that statement to the American people,") eaid Judge Ames. "Because of a dis agreement between the miners and (operators of the central competitive field, a strike has been ordered throughout the United States. And this, too, notwithstanding that in cither fields there were in force con tracts which were negotiated inde pendently of the central field. "It is not for the defendants to de cide what is the law in this case. In civilized countries such questions are left to the arbitrament of courts. Good Faith Conceded. "The courts of this land have de cided that the war is yet extant. The unions say it has ended. They thus oppose their employers, the courts and the government. "It is assumed by the government, however, that the defendants acted in good faith, believing that their course was lecal. "Therefore, the civil, rather than the criminal, process has been inr voked as a matter of fairness and common justice. As the president of the United States has said, the time has come for plain speaking. No organization may override the law. Otherwise there is successful revolution. And I do not believe the American people have reached the stage where such a course can ne approved. "The government contends that this strike is illegal in that it violates the federal fuel-control act." I'eaee IVot Yet Proclaimed. Replying to the contention that the war had ceased progressi velj',' Judge Ames said the Lever act pro vided that it would remain in force until peace was proclaimed, which he said has not been done. He also denied that the Clayton act had any application to the present Case. He said the provisions on strikes did slot permit an unlawful act and Ply because this was not a case be tween employer and employes. "We feel," said Judge Ames in con cluding, "that there is nothing com parable with the importance of ascertaining- whether the law of this coun try Is supreme. "When we react) the point where the supremacy of the law is challenged by any man or body of men, we nave reached the' point where' the decay of the republic has set in." Pertinent Question Pat. Mr. Warrum started with a flat statement that every decision in the country relating to strikes had averred the right of workmen to strike when unaccompanied by boy cott or disorder. He read opinions to tbU effect, but Judge Anderson asked: "How do these apply to this cue when there is not a single defendant In this court who works with his hands?" The attorney said the Injunction against the .officers or agents of the miners was in effect an injunction against the miners. On this theory he was allowed to continue his. argu ment. "These defendants are not interlop ers, he said. They are the duly constituted representatives of the men and the government's bill of com plaint Itself shows, that the men themselves ordered the strike and di rected their officers to carry that or Cer into effect. Conspiracy Held Issue. "It is further important that in the I'ill appeart the fact that these very defendants were parties to the Wash ington wage agreement and recog nised them as lawful agents. But now the government turns around and seeks to place in the position of in terlopers these same agents when they carry out orders of their prin cipal. "That is not the question before the court at all," said Judge Ander sen. "The Levsr acf makes it an un lawful conspiracy for two or more persons to arrange to limit produc tion of coal. That is perfectly ap parent to me. Everybody knows that. Yqu may discuss that if you wish." "But your honor has Just said you" are convinced the conspiracy exists," exclaimed the attorney. "Well, let's go on with the case aa any other case," said the court. "Certainly," rejoined Mr. Warrum. "Judge Evens has held that the war powers of the Lever act have expired and . ." "But I do not agree with Judee Evans," eaid Judge Anderson. . "Con-: gress had the right to say and did say that the Lever act should remain In force until a definite thing was done. That has not been done. So I hold that the Lever act is still in force. Strike Cuts Production. "I hold also that stopping work in coal mines restricts the production of fuel. "I am going to hold that even two miners who work with their hands may not legally conspire to stop pro- j duction of coal." The court also upheld the assertion of the government that the Clayton, act did not apply to this case. The discussion swung toMtie oper ators' attitude and the judge re marked that they were not In court and that be had only one side pf the .controversy before him. "But bring them in," he said. "I will enjoin their illegal acts also." The war condition of the Lever act and the status of men in service came up, leading Mr. Warrum to say: Case Not Conrt-Martlal. "This is a case in equity, not a court-martial." "I don't understand that remark, but I concede the fact," said Judge Anderson. Further attempts to bring in the right of employes to quit work singly or in a body met with equal obstruc tion from the court. . , "When congress passed the Lever bill it made unlawful any conspiracy tending to decrease coal production. That is the law and that ends it." Mr. WrTum sat down and Judge Anderson started a discussion of the Debs railroad ase. He pointed out that the supreme court of the United States held that the government had a right to get an injunction prevent ing a railroad tie-up. "Now," he said, "the government controls the railroads an is using them to transport troops and mails. Can you assert that anyone has right to stop the roads in these circum stances?" "I assert," said Warrum, "the right to strike for higher wag-s and to stop the roads if that result is an in cident." "You are wrong," said the court. "I'm through," said Mr. Warrum. Attorney Cut Short. William V. Booker then tried vainly to discuss the Lever act, but the judge cut him short by holding for mally that the act remains in force. "Can I discuss the allegations of ir reparable injury?" asked Mr. Booker. "Don't Waste your time" said Judge Anderson. "I am going to bold that irreparable injury does exist in this case. Why, millions of dollars are being lost. What 's the use in dis cussing this question on the Lever bill?" - Mr. Rooker agreed there was little. He then tried to show a difference between this case and the Debs case. "I suggest you turn to the mandate that this strike order be rescinded," said Judge Anderson. "I am going to issue that unless you persuade me otherwise." Mr. Rooker agreed there was noth ing more to be eaid, and Judge An derson began his pronouncement. .. ' Act Clearly Prohibitive. "It Is not a queetlon for the court to say when this war ends," he eaid. "The Lever act is constitutional' an4 in force and clearly prohibits the thing these men have 4-one. "The re straining order ought to be made a preliminary injunction and if the gov ernment has drawn ope it may read it." Judge Arnea then read the Injunc tion, which affirmed the restraining order and also enjoined the defend ants irom continuing in effeet the October 15 strike order. It com manded them to cancel the order and notify all members, local and district unions, of the cancellation. The time for this action was left blank and the defendants were ordered to eubmit the cancellation order to the court. The union attorneys and President "wis ana toecretary Green retired to consult as to the proper tiipe needed to issue the cancellation. FIRST RESERVATION ADOPTED BY SENATE Withdrawal Provision From League Approved. ATTEMPT TO ALTER FAILS Republicans Have "Whip Hand and Safe Majority Pled&ed to Carry Out Programme. WASHINGTON, Nov. 8. A reserva tion proposing to. safeguard the na tion's right to withdraw from mem bership in the league of nations was adopted by the senate today with every republican senator and six dem ocrats voting for it or paired in its support. v Holding the whip hand by a safe majority, the republican leaders swept aside every suggested modifi cation and carried the reservation through exactly as approved by the foreign relations committee. Two re publican senators of the mild reser vation group led a stubborn fight, to alter it, but voted for adoption. The final count was 50 to 35, and pairs announced for the . absentees showed the entire senate membership to be divided, 55 to 41. Five demo crats Senators Reed (Missouri). Gore (Oklahoma), Smith (Georgia), Walsh (Massachusetts) and Chamberlain (Oregon) voted in the affirmative, while Senator Shields, democrat (Ten nessee) was paired in favor of the reservation. Majority Is Pledged. The reservation, first of 14 pro posed by the committee to carry out a programme which its sponsors say has been pledged to a safe majority throughout the reservations, pro vides: The United States so understands and construes article 1 that in case of notice of withdrawal from the league of nations, as provided in said article, the United States shall be the sole judge as to whether all its inter national obligations and all its obli gations under the said covenant have been fulfilled, and notice of with drawal by the United States may be given by a concurrent resolution of the congress of the United States." Following is the vote in detail: For adoption: Republicans Ball. Borah. Brandeg-ee, Calder. Capper. Colt. Cum mins. Curtis. Dillingham, Edge. Fall. FcrnaUl, France, Gronna. Hale, Harding. Johnson of California, Jones of Washing ton, Kenyon, K.eyea, Knox, La Follette, I .enroot, lodre. McCormlck. McCumber. McLeQ, McNary, Moses, Nelson, New, New berry, Norris, Page. Penrose, Phipps. Poin dexter, Sherman, Smoot, Spencer, Sterling, Townsend, Wadsworth, Warren and IrVal- n o. Democrats Chamberlain. Gore. Reed, Smith of Georgia and Walsh, . Massachu setts 6. Total $0,. Republicans All Ayes. Against: Republicans None. Democrats -Ashurst, Culberson, Dial. Fletcher, tiay, Geary. Harris, Harrison. Henderson, HItchcock( Johnson of South Dakota, Jones of New Mexico, Hendrick. King. Kirby, McKellar, Myers, Nugent. Overman, Owen, Phelan, Pittman, Pome rene, Robinson, Shepj-ard, Smith of Ari zona. Smith of Maryland, Smith of South Carr'ina, Swanson, Thomas, Trammel!. Underwood, Walsh of Montana, Williams and Wolcott. Total, 33. The 11 senators not voting were aligned as follows: For adoption: Republican Elklns. Fre- llnghuysen, Kellogg and Sutherland and Shields, democrat, Tennessee. Against; Democrats Hankbead. Becx- man, Martin, fianauell, Simmons aw Stanley. The fight to alter the reservation centered on its concluding clause. The democrats and Senator McCum ber, North Dakota, and Senator JNel son, Minnesota, of the mild reserva tion republicans, argued that the ex ecutive should have a voice in decid ing any question of withdrawal. Three proposed amendments on the subjects were rejected by majorities ranging from six to 50. Kelson Calls It Slight. Senator Nelson proposed that joint resolution instead of a concurrent res olution be stipulated for notice oi withdrawal, so that the signature of the president would be required. He declared "intense partisanship" had twisted the language of the reserva tion so as "to put a slight on Presi dent Wilson while he is on a sick bed, brought down by his .hard work to re-establish peace." Republican Leader Lodge retorted that no "motive of hostility" had in fluenced the framing of the reserva- iton. Should the provision ever be in voked, he said, it was apt to be a re publican and not a democratic presi dent whose power was curtailed. Sen ators Nelson and McCumber alone on the republican side, voted for the motion and It was defeated, 45 to 39. Senator Walsh, democrat, Montana, proposed to strike out entirely the congressional authorization. His mo tion was beaten, 49 to 37.. The motion by Senator Gore to em power either the president or congress to give notice of withdrawal was Automatic machines were first used in Egypt, and in the old tcmnles the east devices were employed for automate-any aispensinj the purify ing water ' The economical food NASALCATARRH Tkeun-a Very Common It la a Serious Disease Worse at Tata Season. It is an inflammation of the mucous membrane, causing a discharge; and is aggravated by colds and sudden changes of weather, but depends on an impure condition of the blood. When chronie It may develop into consumption by breaking down the delicate lung tissues and impairing the general health Be sin treatment with Hood's Sar saparilla at once. This medicine purifies the blood, removes the cause of the disease, and gives permanent relief. It has been entirely satisfac? tory to three generations,. if a cathartic is needed take Hood's Pills they are gentl-i and thorough, enliven the liver, regulate the bowels. Red Rock Cottage Cheese , . i- There are no holes in cottage cheese there's bo rind" pn the outside-there's no waste. Yqu' can eat every delicious morsel of "Red Rock" that you buy. Get the habit-- it's a good one. II VV ii 1 1 a-r I V -I n sses Trusses are sold n The Owl Drug Stores on the basts of a perfect tit or money refunded. Experi enced fitters for Men, Women and Children always in attendance. -Privet fitting room and special service at Braidwar and Washington Jbi. btrupLre, Mgr. Mail Order OUca i'rompt -Attention C3 I Hill! ! ! Bill FirajU Our Store Opens at 9 A. M. Treating Eyestrain i0 , J -Our Ophthalmoscope and Retinoscope Is one of the tnoet scientific eye-testing instruments in the world. With it we can detect error of vision instantly. Eyestrain Is Not a Disease J Near-sightedness, far-sightedness, astig matism and muscular imbalance are corrected without medicine. I A person suffering from eyestrain, who at the same time is enjoying good health, is at a loss to know just what to do. He feels he does not need a physician, but knows that he needs relief. J Eyestrain is caused by a faulty shape or false position of the eyeball, which condition renders vision unsatisfactory or painful, and is relieved by wearing correctly ground glasses. J If you suspect eyestrain you should consult us without delay; our many years' experience is at your disposal; our reputation assures you glasses will not be recommended unless necessary. SAVE YOUR EYES j Q Complete leas-grinding factory on premises Thompson Optical Institute EYESIGHT SPECIALISTS Portland's Largest, Most Modem, Best Equipped, Exclusive Optical Establishment. 209-10-11 Corbett Building, Fifth and Morrison SINCE 1908. 'fill II 209-10-11 Corbett Building, Fifth and Morrison flifllll I! I ' SINCE 1908. j voted down, 68 to 18. Senator King, democrat. Utah, moved to make the provision relative to Judging- obliga tions applicable to all league mem bers, but that was beaten, 62 to 30. STOLEN MOTOR BILL LAW Interstate Transportation to Be Punished as Federal Offense. WASHINGTON. Nov. 8. Announce ment was made that the national motor vehicle law penalising" persons who transport stolen automobiles from one state to another had -become a law. President Wilsons signature not attached. was CANAL DEDICATION NEAR Panama Ceremony, Postponed bj War, to Be Held In December. washint.TOJJ. Nov. 8. Formal opening; of the Panama canal and Its dedication to the commerce or tne world a ceremony postponed because of the war Is planned to take place early In December, Secretary ot War waiter win repre sent the srovernment, the official party including; Major-General Georee Goethals, retired, who was in charge or canal construction practically throughout its programme, and a number or other army officers iden tified with the building of the "big Read The ftrfeoman clarified ads DANCING GUARANTEED in eight lessons ladies J2.50, gentlemen 15.00 at De Honey's Beau tiful Academy, 23d and Washington. i Classes for BeKlnnrrs tart Monday and Fri day evenings. Ad vanced classes Tues day and Thursday e v e n 1 n as, 8 to 11:30. All latest and popular dances taught in eight three-hour lessons. LADIES S2.SO GENTLEMEN S5.00 Plenty of desirable partners and practice. No embarrassment. Sepa rate step room and extra teachers for backward pupils. A printed descrip tion of all dances free for pupils. The social feature alone is worth double the price. . ' 1 " ... - - - - - - r . who guarantee to make dancers of you and where you rneet refined peo ple. Others oerive tneir proms iruui . T ; .-. . r. t. u iv. cjt i' r tn teaching alone and conduct each class lesson the entire evening n4 guarantee to make a dancer of you. No doubt one lesson tram us is worm six n i" average school. Call afternoon or evening. Learn, in S- real school. PRIVATE LESSONS ALL HOIKS Rnfrlal low rates this week. Call afternoon or evening. PKI.K HARD-TIME PARTY Saturday evening, November 15th. Beauaitul prizes. tne rag-iag uan. Don't miss this. JelJ jour friends, phone Main 765l. Fever and Cold Sores Cam be qalckly ana eaully healed Tilth a few applications of cAlITISEPTIf TOTION V SANTISEPTIC Immediately relieves the JtJCPing and Irritation, and in most icases prevent the develop ment and consequent disfigurement. "A few applications of p ANTISEPTIC cured a cold sore within six hour of its appearance.'' writes Esther Campbell of Seattle. "I also tried SANTISEPTIQ on a cold sors which had bothered a traln4 nurse for some time. It was instantly relieved. I tried everything, but SANTISEPTIC alone was effective." SANTISE P T I C is a medicinal t o 1 let prepara tion, agreeable and pleasant to Use. Clears Poor CBaslexiOKts, Assures a Healthy and Attractive Skin. At all Drug and Department Stores TBi5'," I Oriental Rugs for Gifts A fine oriental rug is a treasure that outlasts gen erations. We invite leisurely se lection from our stock, which is the largest in the northwest. Rugs may be chosen now for delivery during ' the holidays. Cartozian Bros., Incorporated Washington at Tenth Why is the Woodstock becoming so popular? Because it is a com,, bination of the best features of six modern typewriters. Booklet free. The Rebuilt Typewriter Co. Distributers, SM Oak St., Portland, Or. Victor Records for November on sale MONDAY c"Merchafle'ise of eMerit Only" i Agents for the Butterick Pat- terns and Delineator, all styles 1 and sizes now showing. S "The Store That Undersells Because It Sells for Cash" 1 Our Store Opens at 9 A. M. Mail Orders receive our I prompt and careful attention same day as received. j!;!. !'!!! Again tlic Time Comes Round to Say Shop Early ftf ti'- One reason is that as the days eo by the store -will eret more and more crowded and it will be harder to get just what you want when you want it. . But the Big Reason is that Selections Are Limited. We never had so many different things to offer you before for your Holiday needs but it has been a difficult market and in many things the supply is more limited than we could wish. So the big reason to shop NOW is that you can get all you want of just what you want if you get it while we have it and have plenty to choose from. Here are some Shop Early Specials for prudent shoppers: J "National Blouse Week" November 10th to 15tht 1919 Finds Us Splendidly Prepared to Place Be fore You Unsurpassed Assortments at Unmatchable Prices We know that other stores will vie with us on this occasion and we welcome the most critical compari sons it will mean new store friends for us- We know that in quality and style our assortments are unsurpassed and as for values, we are confident youH agree with us that for low prices our offerings are unmatchable any where else in this city. Here you'll find unlimited assortments in dainty and beautiful Georgettes Crepes de Chine Messaline and other silks also in sheer fabrics that are the most fash ionable same are trimmed with tucks, others with laces, or beaded, etc. They come with high or low neck, with long or short sleeves in fact every good style and color is here, including These Three Leading Specials Waists of Georgette at $2.45 Various styles in all sizes and in many of the popular colors, Waists of Crepe De Chine at $485 Most beautiful Waists of flesh and white Crepe de Chine. Georgette Blouses at SJ1S5 The Cossack and Over Blouses in light and dark colors. A Brand New Stock of the Celebrated Centemeri Gloves at 20. at $3JD9. at $330 Pr. It is a satisfaction to know that prac tically every need is represented by worthy qualities in abundance here. Those who plan to ,give gloves for Xmas will find that all the advantages are with choosing now. Particularly desirable are the celebrated Centemeri Gloves in French Lamb and Kid. They come in styles with pique and over earns with plain or fancy embroidered back all sizes in all wanted staple and new shades three prices to select from. An Under priced Purchase and Sale of 36-in. Outing Flannel at 29c Yd. A standard quality, shown in plain gray, light and dark, plain navy, plain brown; also in blue and white stripe styles. The above price is less than today's cost at the mill, so you can see how important it is for you to act promptly. None will be sold to dealers, and the quantity to any one purchaser will be lim ited. No phone orders filled. For Personal Use or Gift Purposes These New Velvet Bags All Prices From $2J00 Up to $1230 We consider ourselves fortunate in se curing such an attractive line of the fash ionable Velvet Bags all popular shapes and styles are included in this pre-holiday showing. They come in Panne or Chiffon Velvets in black, taupe, navy, brown, etc. You will find the prices equally as attrac tive ae the Bag. IN OUR Ribbon Department There is an endless variety of Rainbow Ribbons for every purpose. Lingerie is tied and rosetted with Rain bow Ribbons. Negligees are made more graceful with their profusion of bows and streamers of ribbon. Frocks for house or evening wear are gay with ribbon girdle, sash or trimming. You will find an expert here to instruct you in making anything you wish in ribbons. At prices to please you you will find an endless assortment of Ribbons widths, col ors, and qualities suitable for all purposes. Women's Shoes In Black, Brown or Gray Kid at $8D0 to $9J00 Pair Laee styles with 84 and 9-inch top, low or high heel and good soles, all sizes. Perfect fitting shoes that will wear satisfactorily. Another Extraordinary Sale of Children Dresses, C Creepers and Pla-Suits vJ0 In Many Styles. C3x Ages to 8 Years. A Figure at Which the Same Garments Cannot Be Duplicated at the Factory Today! Garments for mall boys and girls, well made of good durable wash materials, such as ginghams, poplins, chambray, galatea, khaki cloth, twills, hickory cloth, etc. DRESSES in high-waist styles, belted and full gathered eff eets, etc. Sizes 2 to 6 years. PLA-SUITS in regulation styles affording ample protection to other garments. Sizes 1 to 8 years. CREEPERS in all colors and styles. They come in ginghams, poplins, chambrays, etc. Sizes 6 months to 3 years. None sold to dealers, no phone orders filled and none exchanged. Only a limited number sold to any one purchaser at this sale price. OUR STORE NOW OPENS AT 9A.M. c3 STORE CLOSES AT 5:S0 P. M. SATURDAY AT 6 P. II. Our Store Will Remain Closed AH DayTuesdSy, Nov, 11, '19, Armistice Day- !l!l i'ill that section 20 of the act did not ap-J Adv. 7ta Floor