Morning Oregonian., May 16, 1911, Page 5, Image 5

CI
THE SrOItXIXG OREGOXTAX. TtTESDAT. MAT 16. 1911.
E
FEDERATION OF LABOR LEADEES WHO AEE FEE ED OF CON
r
Important
Player Piano,
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TEMPT CHARGE BY UNITED STATES SUPREME COURT.
sw ... ...-e rf s a as a w s s s a s
Supreme Court Says Railroads
Federation Leaders Sentenced
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:f Jf H I and iaiKing
Must Keep Couplings of
Cars Repaired.
for Continuing It Despite
Injunction.
MachineiNews
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SAFETY APPL1ANG
BILnrCOTT OH BUCK
CAUSES DECISION
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ABSOLUTE DUTY, IT RULES
I)e-i"1on Di-imrrs of Several Con
flicting Drcialon of Lower
Conns, Some Going to Ex
treme for 'Workmen.
TVASHI.VOTOV. My IS. Railroad
rimlns; within th trm of tlia safaty
arpllanra art of Congress la 1S9J and
lO'S are unl-T an absolute duty to keep
In repair automatic couplers and other
rpMancti prescribed by lav. and not
merely to exercise reasonable dlllrence
In repairing.
Sitrh was tne decision today of tha
Supreme Court of the United States.
Hy an r-dtj coincidence, a number of
Tttal nuevttuns concerning; the scope of
t:-.e AfMy appllince acts came before
the Supreme Court of the United Mates
about Die same time and were heard
tos-etner.
Or of these arose In the suit of F
M. Ielk. a brakeman on the t. Louis
4fc Pan FYenrtsco Kallroad. for Injuries
suffered while attemptlnir to manipu
late a defective coupler of a ear on a
switch In Memphis. Tenn. The United
States Circuit Court of Appeals for
the sixth Circuit finally decided against
Ielk on the fcround that, whrie the
railroad was under an absolute duty to
equ'p cars with automatic couplers and
rther appliances required by the safety
appliance acts, yet it was only under
the common-law duty to exercise rea
sonable diligence when it came to re
pairing the appliances. Uelk had con
trn le.l that the acts changed the com
mon-law duty so as to make the rail
roads absolutely liable for not repair
Injr appliances required by the statutes,
aa well as for not equipping cars wtlh
liie appliances.
The direct reverse of this holding
was announced by the United States
Circuit Court of Appeals for the Kla-hth
Circuit, when the Called States sought
10 recover from the Chicago, Burling
ton Julnrr Hallway Company fluo
for each of four alleged violations of
the acts. There it was held that the
railway company was under an absolute
obligation to keep the safety appliances
with which their cars must be equipped
In repair. The railroad contended that
the court held it liable, noiwithstandln
ine company did not know Its cars
were out of repair and had no In
tention to violate the law.
anoiner question was passed noon
by the United States District Court of
Colorado, when it held that the Colo
rado Northwestern Railroad Com
pany, a narrow gauge railroad entirely
within Boulder County. Colorado, and
aald to be n.lng locomotives and ci
quipped filth the old link and pin
couplers, was liable to the Government
for a violation of the law. In so
doing the court held that It was not
necessary In order to bring a con
necting carrier within the safety ap
piianca acts ror it to nave an tr
rangement for continuous transport
tlon or shipment with the preceding
earner. The courts had always held
that such had been necessary to brine
a carrier within the Interstate cons-
xnerce act of 1897.
The United States District Court for
Northern Alsbama went even a step
further. It held that the United States
was entitled to a penalty from the
Pouthern Railway Company for an al
leged violation of the safety appliance
law In a case where a shipment origi
nating and ending within the State of
Alabama was carried in a car not prop
erly equipped. The court held that
this was a violation of the law be
cause the car waa used sometimes for
Interstate commerce, and therefore waa
an instrumentality of Interstate com
mere a.
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SENTENCE IS OFF
Supreme Court "Frees" Fed
eration Officials.
BOYCOTT CASE IS ENDED
National Jurists) Declare Federation
Officials Mlplit Have Been Fined
bat Not Imprisoned, Be
cause Action la Clrll.
(Continued From First Pass-
SCIO SCHOOL THRIVING
YXre to Graduate Friday- at Ck of
Clasura' Brt Ycr.
SHO, Or Mar 16, 5pctal.) H!rh
Fchool commencement xerclsea are of
unusual Interest this year aa the school
has shown remarkable growth over
previous years. Fully one-half of the,
Hitch .School enrollment this year is
ma da up of students from outsMs tha
corporate limit a. Many pupils live In
town and are worktnc their wjty
through svhool. it has been necessary
r furnish an additional room and em
ploy an additional teacher. The term"
has been lengthened from e!?ht to nine
month, the bulMlnac repainted and
laboratory has been Installed.
Commenceuient exercises were beruo
last Sunday evvnloi; by a class sermon
to the graduates by Rev. Mr Stephens
of the Christian Church. Wednesday
evenfnjr the under-class men will give
a reception to the graduates. Friday
ervenm; the graduating exercises will
be hld. The feature will be an address
by President J. H. Arkerman of the
f.ate Normal. The graduates are Bli
oeile Brenner. Lly Huckner, Jennie
V hue. lU-lla L 6Ueltoa and I'.oy V
.Shelion, '
MARBLE CAVE DISCOVERED
lroeT-cctor on 1'rper Peer Creek
Find Winding Cavern.
ORANT3 PA'S.. Or, Way 13 (Spe
cial.! C. . Walton, miner and pros
pector near Dryurn, and H. C Ferklns.
ex-County Surveyor, have discovered a
marble cave on upper Peer Creek ?S
miles south of this rlace and In the
vicinity of the famous Josephine County
caves.
Mr. Perkins and his companion were
prospecting to locate several claims
for a Portland firm when they accident
ally discovered an opening to large and
unexplored regions of the earth beneath
their excavations. little exploration
work was made as but ore candle was
ail the light they had. The opening to
the new caves Is not large, but Inside
are deep marble recess-es.
One cave Is 49 feet h:gh. and several
tunnels enter from different directions.
A party is soon to be formed here and
with avauabl lights the Interior will
be Inspected.
Ia the underground passages the
bones rf besr and elk were feund. An
Ivory spearhead five inches long, and a
r.:r.t arrowhead were also found.
proceedings aa a criminal case and not
civil one.
The effect of holding the proceed
ings a civil one was to make Jail sen
tences impossible. Hence, the Jail sen
tence had to be set aside.
Case Sent Back.
To correct the error, the case was
sent back to the local courts with di
rection that It be dismissed. At the
same time the court expressly made It
possible for clvU proceedings to be In
stituted against the labor men by the
Buck Stove and Range Co, at whose
Instance the original contempt
were brought.
The court waa led to hold that the
contempt proceedings In this case must
be civil in nature, because criminal
punishment la exercised by courts to
force persons to do acts commanded.
In the present case, the court took the
view that the labor men were being
sent to Jail, not to make them do some
thing the court ordered, but because
of "something they had done."
Inasmuch as all the differences be
tween the labor men and the Buck
St ove and Range Compan y ha v been ' ad
judicated, including tha "boycott" cases,
out of which the contempt proceedings
arose, today's decision is probably the
last to be heard of this famous action.
Gompers la Gratified.
amuel Oompers returned from Kew
Tork late today. He said he was
gratified that the Supreme Court hi
reversed the decision of the lower
tribunal, bat added:
I am disappointed that the court did
not decide the principle In contention
In the proceeding. I believe It to be the
consensus of opinion that the sen
tences of six. nine and IS months im
posed on Mitchell, Morrison and my
self were unjustified, unusual and
cruel, particularly In an alleged con
structive contempt and that the Judge's
language was Intemperate and unjudicial."
Daniel Davenport, attorney for the
American antl Boycott Association
under whose auspices the cases were
conducted said today:
-Although It set aside the Jell sen
tence, the United States Supreme Court
In Its decision settled every question
on account of which the suit waa orig
inally brought. First, it held that the
boycott Is Illegal and that a perty
threatened with Injury by on has a
rtght to go to a court of equity for
protection against it.
Second, a court of equity baa a
right to enjoin all acta done In carrying
out such a boycott, which extends to
printed, written and oral statements.
It holds that the constitutional right
of free speech and free press affords
no protection to the boycotter; that It
is the duty of all enjoined by a court
of equity to obey the Injunction and
that for a violation of It they are
liable to a fine by way of Indemnity
to the party Injured, commensurate
with the pecuniary damage inflicted
and that further the party violating the
injunction Is liable to punishment by
way of Imprisonment for his contempt
of court-"
CABINET TO ACT TODAY
KEDKKAIj INCORPOnATIOV BIt-Ij
MAY FOLLOW DECISIOX.
Above dasaael Oosapera, John Mitchell.
Itotow, Prams: Morrison.
to Government supervision, may now
be reintroduced In Congress, it is said.
The President had nothing to say
about the decision tonight. He told
oallers he wished to read it carefully,
to discuss It with bis Cabinet and to
dissect It with Mr. tVickeraham.
GALLANTRY COSTS LIFE
MAX STEPS ASIDE OX TRESTLE
TO UET GERXS PASS.
GOMPERS WRITES ARTICLES
Laborer Loses Balance and Fall
Into Creek, Drowning De
spite Rescuer.
SPOKAJTE. 'Wash.. May 16. (Spe
cial.) Attempting to make way for
two young women on a narrow rail
road trestle at Wallace, Idaho, shortly
after dark lost evening, John Herlyman,
a laborer, tripped and fell headlong IS
reet into the rushing- waters of Canyon
Creek. Frantic effort on the part of
two companions to locate the body In
the dark waters proved unavailing. No
sound after the first cry was heard and
no sight of the body was had until it
was pulled from the sonth fork of the
Coeur d'Alene. a half mile from the
scene of the accident, this morning.
Herlyman with John Myers and Joe
Harp were crossing tha Northern Pa
cific bridge when they met the women
coming toward them. The three men
dropped Into single file with Herlyman
js.su as ne. following his partners, at
tempted to step toward the edge of
the trestle he lost his balance and
plunged into the stream. Cries of
fright from the women and the falling
man. sent the two men to the fruitless
attempt to rescue.
w 1th friends they walked the banks
of the rushing Coeur d'Alene for more
than a mile this morning. John Miller.
the Federal Mining Company's patrol
man, located the body lodged against
piling near the O.-W. R. A N. roundhouse.
The young women who witnessed the
accident were Miss Frances Stahl and
Miss MatUe Plerslna. Herlyman nntil
recently had been employed at the Rex
mine as cook. He was about 45 years
old. His friends are unable to give
the address of relatives. I
Lafayette Bridge Completed.
LAFATKTTK. Or.. May IS. .Special.
The Lew ;.0O steel bridge acrorfs
tr.e VamhlU Klver here has Jnat been
finished. The Improvement lias bee
needed for a una; time.
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Whole Trnt Question Now Will
Come I'p for Action Congress
to Be Put to Work.
WASHINGTON. May 15. President
Tsft and his Cabinet at the regular
session tomorrow will take up the solu
tion of the "trust question" brought
before them by the Standard OH deci
sion. Officials of the Administration
knew absolutely nothing as to how the
Supreme Court would determine the
rase, but a decision In favor of the
Government was not unlocked for.
especially by the President. Attorney
General Wlckersham. Secretary Knox
and the other lawyers In the Cabinet.
Mr. Wlckersham s "Federal Incor
poration bill." designed to permit the
existence of legitimate combinations of
capital, but so worded aa to prohibit
monopolies and subjecting corporations
He Also Make Speecbea Indirectly
Crglngr Boycott, Mitchell Presides
at Boycott Meetings, Mor
rison Aids Work.
WASHINGTON. May 15. The charge
of contempt against President Gompers.
Vice-President Mitchell, snd Secretary
Morrison, arose out of a bitter labor- war
between organised labor and the Buck's
Stove & Range Company of St. Louis,
Mo.
The St. Louis concern had come into
the Supreme Court of the District of
Columbia to prevent, by Injunction, the
American Federation of Labor and Its
officials from boycotting its own pro
ducts or the business of those who
dealt with It. The questions Involved
and the parties concerned attracted
widespread attention. The company
claimed that the Federation was try
ing to .unionise the company' shops.
The labor leaders urged that the com
pany was "unfair" to labor. The head
of the company waa J. W. Van Cleave.
president of the National Manufactur
ers' Association, which had often come
Into conflict with the Federation. He
was charged with having been op
posed to organized labor and with hav
ing sought to put his nickel-plate
workers on a ten-hour Instead of
nine-hour basis. e
Justice Gould, of the District So
preme Court, issued . the injunction
pra ed for by the company. An appeal
waa taken to the Court of Appeals of
the District of Columbia, but before
that court could pass upon the validity
of the Injunction, the Buck's Stove &
Range Company again came Into' the
District Supreme Court, this time with
charges of contempt against President
Gompers, Vice-President Mitchell and
Secretary Morrison. These men were
accused of having violated the lnjunc
tlon decree.
Justice Wright found them guilty
and sentenced President Gompers to
one year In Jail. Vice-President Mitch
ell to nine months, and Secretary Mor
rison to six months. An appeal was
taken from this sentence, first to the
Court of Appeals, which affirmed it.
and finally to the Supreme Court of
the United States, where It has been
Dending.
The alleged violations consisted of
utterances and acts In furtherance of
the boycott. It was charged that Mr.
Gompers had rushed out the January
number of the American eaerationist.
the official organ of the American Fed
eration of Labor, so as to evade the
decree, which went Into effect the day
after most of the magazines were out
of his hands. This magazine contained
the name of the company on the "We
Don't Patronize" or "unfair" list. It
was also alleged that a number of
copies of this magazine were sent out
attsr the decree became effective. In
defense, testimony was presented to
show that only thirty-odd copies were
mailed to libraries and other similar
Institutions. The complainant claimea
that about 100 were sent out.
It waa further charged that In the
succeeding number of the "Federation
let." Gompers. Mitchell and Morrison
Joined In an appeal to organized labor
for funds to carry tne injunction case
to the higher court. It was contended
that this appeal was used as a vehicle
to continue the boycott. The charges
stated that the appeal referred to an
editorial in the same number of the
magazine as setting forth the attitude
of those making tne appeal, inis eui
torlal was attributed to Mr. Gompers.
"Individuals, as members of organized
labor," this publication said, "will still
exercise the right to buy or not to buy
the Buck's Stoves and Ranges. It Is
an exemplification of the saying that
you can lead a horse to water, but
1. klm i.ll- 'M
you nn k uiajwv u.u. " "
Another charge was that In the March
"Federationlst" Mr. Gompers published
an editorial In which it was said:
"It should be borne in mind that there
Is no law, aye. not even a court deci
sion, compelling union men or their
rri.nds of labor to buy a Buck's stove
or range. No, not even to buy a Loewe
in addition to the "urgent appeal," In
which Mr. Mitchell Joined, he was ac
m.i of havlna- aided in contempt by
presiding over the United Mine Workers'
Convention wnen ix auopvcu
tlon to line any member who bought
a Buck's stov.
In addition to the "urgent appeal'
charge against Mr. Morrison, he was
also accused of having mailed out the
magazines objected to.
HEW
STYLES
NEW
SHAPES
The Brewer Is-ftlbe Besft
$3.00 Halt 'm & World.
SOLD BY
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fIcrrisca at Fora-Si
Now Ready: Third Floor Baby
Grands and Player Pianos
Second Floor: Talking Machines
(all makes) including Victrolas,
Graphonolas, all Records, .includ
ing Red Seal, Blue Label, as well
as all the regular disc and cylinder records
Many unlooked-for and unavoidable delays have prevented the grand open-,
' ing of the new Eilers Music House on Alder at Seventh. But in a few days every
thing will now be in readiness, when due announcement will be made.
The third floor for the display of Baby Grands and Player Pianos is ready
for inspection.
Here will be found the most superb collection of nearly all the Nation's finest
makes of Grand Pianos, and also all the very best and latest improved Player
Pianos.
See our beautiful Baby Grands. Eeduced prices: $580, $726, $872, $956, $1100.
The Player Piano Trust Shall Not Rule in Oregon
The little-profit-per-piano selling policy, above
everything else, has made Eilers Music House the
greatest concern of its kind in the world. This re
duced price policy will hereafter apply in the sale
of Player Pianos as well.
Exhibition and sale of Player Pianos starts to
morrow. Player Pianos better than for which the com
bine tries to charge $575 are now $444.
Player Pianos 'better than for which the com
bine tries to charge $650 are now $546; or $596,
with splendid cabinet -.and individual library in
cluded.. Player Pianos better than for which the com
bine tries to charge $800 are now $650; or $700
with splendid cabinet and individual library in
cluded.
Player Pianos better than for which the com
bine tries to charge $1075 are now $735, or with a A $900 Grand, New, Priced $718
very elaborate and most "extensive individual music roll library $835.
Offer Extraordinary
Fifteen fancy mahogany,
quarter-sawed oak and a few
mottled walnut cased Player
Pianos, the very latest, better
than tor which the combine
tries' to charge $950, are now
$665, or with very elaborate
and most extensive individual
music roll library $765.
These instruments will be
found to contain seven distinct
and most valuable improve
ments over the best of com
bine-made instruments.
Our Player Piano display
contains nearly every instru
ment made by Decker, Lester,
Weber. Steinway, our own
make, the Eilers de Luxe (made under supervision of Mr. C. B. Lawson, formerly the head of
the "Weber factory), as well as the very latest of all, the wonderful . Chickering Flexotone and
the Welte Autograph Piano.
, fjp -
Talking
Machine
News
The Second Floor will be
found one of the most interest
ing departments of the big
new music house. Here are
convenient display rooms for
the Yictrola, every type, at
$200, $150, $100, $75; also the
Graphonola instruments and
the wonderful Edison achieve
ment in all various types; also
all Rd Seal, Blue Label and
all other Double-Face and Single-Face
Disc Records and the
Edison Amberola and other
Cylinder Records, all dis
played in individual sales
rooms, light, airy, convenient
and exclusive.
The
Wonderful
Graphonola
1 . - ''.. ..... , pv T -j.
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is
THE GRAPHONOLA
Price $200
Most Popular of All
I.'' 'U-:r. S,-? ---rj .
$350 Piano
for $195
I
A Special Feature in Main Salesroom
Our main salesroom still lacks many fin
ishing touches, yet we are splendidly pre
pared to give the very best service to alL Spe
cial for this week only.
Eighteen real high grade, brand new $350
Pianos for $195 $9 cash and $6 a month.
These are warranted and high grade Pianos.
There was exactly one carload at this excep
tional introductory offer.
Victrola $200
Now at the New Corner, Alder Street at Seventh
v.