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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Nov. 24, 1916)
THE MORNING OREGONIAN, FRIDAY. NOVEMBER 24, 191G. ADAMSON LAW IS PROTESTED HERE Northern Pacific -and Oregon Short Una Petition for Pre M liminary Injunctions. THREE SECTIONS ATTACKED Object Apparently Is lo Forestall Action by Government Toward Enforcing Act Until Supreme Court Itentlers Decision. Two complaints in equity, attacking the constitutionality of the Adamson eight-hour law and seeking a prelim inary injunction against its enforce ment, were filed in the United States I'istrict Court yesterday by attorneys respectively for the Northern Pacific Railway Company and the Oregon fchort Line Railroad Company. The complaint brought by the North ern Pacific is directed against Clarence L. Reamee, as United States Attorney for the District of Oregon, and against If. C. Buckley, of the Order of Railway Conductors, and A. N. Dunn, of the brakemen's organization, both employes of the company. It is signed by J. M. Hannaford, president of the company. The complaint brought by the Ore gon Short Line is directed against United States Attorney Reames. R. J. Malone, of the Order of Railway Con ductors: Charles E. Stuart, of the Brotherhood of Locomotive Engineers; E. M. Baker, of the Brotherhood -of Locomotive Firemen and Enginemen. and H. R. Anderson, of the Brother hood of Railway Trainmen, all em ployee -of the company. The complaint Is signed by H. V. Piatt, vice-president and general manager. Mr Reamen Absent. In the absence of United States At torney Reames in San Francisco, copies of the complaints were served on Rob ert R. Rankin, Acting United States Attorney. United States District Judge Hook, of Kansas City, in an opinion handed down this week, upheld the contention of the Missouri, Oklahoma & Gulf Rail way Company that the Adamson law is unconstitutional. However, this deci sion is not binding upon other Federal District Judges until the United States Supreme Court affirms it, if it does affirm it. It is considered likely, however, that any of the cases affecting the validity of the Adamson law brought before the Federal Court here will be prose cuted pending the decision by the United States Supreme Court on the appeal from Judge Hook's findings. "This litigation seems to be intended to cover two points on the part of the railway companies," commented As sistant United States Attorney Rankin after he had been served with the com plaints yesterday. "The first object is to forestall any action by the railroad employes to wards suing for wages under the Adamson act, or any other action they might take against the railway com panies. (-overnmeut Action Forestalled. "The second object is to forestall any action the Government might take toward enforcing the act. "This would keep railroad conditions relative to hours and payments in all districts in statu quo until the decision by the Supreme Court. "After that, these cases might still be prosecuted on individual conditions existing in the respective districts, though it is reasonable to suppose that the railroads will all abide by the de cision of the United States Supreme Court unless there is some particular reason why the litigation should be prosecuted." The complaint filed in behalf of the Oregon Short Line was a printed book let of 34 pages, and that filed for the Northern Pacific was a printed book let of 25 pages. The latter complaint, however, was in smaller type. Both complaints involve pratically the same allegations and are not materially dif ferent from the case decided by Fed eral Judge Hook. A large part of the complaints is devoted to tables and discussions of the wage scale under the present agreements between the companies and employes. Injunction Is Sought. The two railroads pray for a pre liminary injunction, then a final in junction perpetually restraining de fendants from in any manner institut ing or causing to be instituted any action growing out of the Adamson act. They also ask that sections 1, 3 and of the act be declared uncon stitutional and void. Section 1 of the Adamson act pro vides that, beginning January 1, 191., eight hours' labor shell be deemed a day's work and the measure or stand ard of a day's work for the purpose of reckoning compensation of employes, except on certain named railways. Section 3 provides that pending the report of the rpecial commissioners appointed by the President to inves tigate the effect of the eight-hour law, the compensation of railway em ployes subject to the act shall not be reduced below the present standard day's wage, and for overtime not less than the pro rata rate for a day's work. Section 4 . provides that any per son violating any provisions of the act shall be fined $100 to ?1000, or im prisoned for not to exceed one year. Unconstitutionality Is Argued. Here is part of the argument taken from the Northern Pacific complaint as to the unconstitutionality of sections 1 aid 3. " tne aforesaid act of Congress is unconstitutional and void; that sections 1 and 3 are not regulations of commerce among the states and are SCROFULA AND ALL HUMORS GIVE WAY There are many things learned from experience and observation that the older generation should impress upon the vouneer. Among them is the fact that scrofula and other humors, which produce eczema, boils, pimples and other eruptions, can be most success fully treated with Hood's Sarsaparilla. This great medicine is a peculiar combination of remarkably effective blood-purifying and health-giving roots, barks and herbs, which are gathered especially for it. Hood's Sarsaparilla has stood the test of forty years. Get a bottle today now from your nearest drug store. Always keep it on hand. Accept no substitute. p - KINQr Ur MLL nt lu rvwi-iiww t-3 Kep.iutomoblleflins newod mk. ate poHh tor aluminum. Made of the D?ithe wort quickly and sive. 1mi fr. noli.ii. Sold in two me can by all 3 Grocery, Hardware and Drug Btoxaa. mm without the power of Congress: that they deprive complainant of its liberty of contract and of fixing or agreeing with its employes upon the basis or rate or unit of compensation for serv ices to be rendered: that insofar as sec tion 3 requires the complainant, under penalty, to pay its .train employes amounts of money beyond those volun tarily agreed upon by the parties, it takes the property of the complainant for a private and not a public purpose and without due process of law." "Furthermore," proceeds the com plaint, "said act takes the property of complainant and during the period of investigation forces its transfer to em ployes, purely for an experimental pur pose and not as a regulation of com merce. Said experiment is conducted at the cost and expense of the com plainant, and its property Is unlawfully taken from it and given to Its employes, not for any purpose of regulating com merce, but merely to observe the ef fect thereof and to obtain information for some Indefinite and undisclosed purpose." Guarantee Offered Employe. The railroads in their complaints of fer to put up bond or provide other wise to protect their employes against loss of wages due to a preliminary in junction, subject to the approval of the court. It is understood that the O.-W. R. & N. Company before the end of the week will also file complaints similar to those filed yesterday, both at Port land and at Spokane. TEST CASE IS NOT XHOSEX Railroads Insist on Adequate Pre sentation of Entire Issue. KANSAS CITY, Nov. 23. Throughout today counsel for the Federal Govern ment and counsel for the railroads re mained in deadlock concerning choice of a test case for the Adamson law. The situation was unchanged tonight, but the lawyers gave a formal ex pression of hope that an agreement could be announced tomorrow morning. The injunction case of the Atchison, Topeka & Santa Fe was to have come up before Judge Pollock on the Kansas side of the river today, but counsel being unable to decide on a harmonious course of procedure, the court post poned the case until tomorrow. The-whole problem hinges on the de cision of Judge Hook yesterday in the case of the Missouri, Oklahoma & Gulf Railroad, which is in the hands of a receiver. Frank Hagerman, retained as special counsel to represent the Gov ernment in Adamson law litigation, working in harmony with the receivers, represented in this instance by Judge Hook, obtained a final decree holding that the law was invalid and consign ing it on its merits directly to the Su preme Court of the United States. This case, Mr. Hagerman explained, was, in the Government's view, ample as a test of the constitutionality of the whole law. With this view attorneys for the rail roads took issue. They maintained that an adequate case could be pre sented to the highest court in the land only by including in an appeal the is sues involved by participation ir liti gation of such great systems as the Santa Fe or the Pennsylvania, prefer ably the former. Denial was made both by Mr. Hager man and Mr. Hines of a published re port that attorneys throughout the country had been instructed to request postponements when their injunction suits were called in the various Fed eral courts. COMPERS IS NOT SATISFIED Tjabor Licnd?"- Says Judge Should Have Decided Opposite .Way. BALTIMORE, Nov. 23. "If it was Judge Hook's intention to test the constitutionality of the eight-hour law, why didn't he declare it constitutional and place the burden of proof upon the railroad managers, who want to evade and avoid it, instead of compelling the Government to affirm the constitu tionality of the law?" Thus did President Gompers, of the American Federation of Labor, in ad dressing the convention late today, lead up to a declaration that brought the delegates to their feet with shouts of approval that lasted five minutes. "We are going to act on the de fensive," said Mr. Gompers, "but if a fight is io be made to take from the men, women and children of our time the advantages they have obtained then labor's opponents had better look out. We will resist to the uttermost." Jurisdictional disputes took up most of the time at both sessions of the convention today. ROAD BONDS PROPOSED REPEAL OF PRESENT LEVY SUG GESTED IX VIEW OK TAX LIMIT. Legislature Is Empowered to Author ize $18,000,000 Issue, and ThJa Step Is Discussed. SALEM. Or.. Nov. 23. (Special.) Repeal of the law authorizing the levy of one-quarter of a mill for state road purposes, the adding of the amount to the general levy for state purposes. and the issuance of road bonds as au thorized by the State Constitution, was suggested Wednesday as a partial solu tion of the problem of raising sufiicient funds for State purposes, created by the adoption at the November election of the 6 per cent tax limitation amend ment. As a result of the adoption of the tax limitation amendment, the State will be able to raise approximately $580,000 less than last year by ordi nary methods of taxation. It is there fore' suggested that approximately $220,000 more could be raised and turned into the general fund, if the annual quarter-mill road levy were abolished by the next Legislature. With the money now used for State road purposes diverted into the gen eral fund, it is pointed out that the next Legislature could authorize a bond Issue of half a mill or more for road purposes. This would take the place of the quarter-mill levy. The limit of liability which the Leg islature can incur cannot exceed 2 per cent of the assessed valuation of $880. 000,000. Bond issues amounting to ap proximately $18,000,000 could be au thorized. DEATH COMES SUDDENLY Prominent 'Woman of Itoseburjj Passes Away. ROSEBURG, Or., Nov. 23. (Special.) When she returned to her home at 8 o'clock Tuesday night, after passing an iiour with a neighbor, Mrs. B. Hun saker, a prominent resident of this city, laid down on a bed and died be fore medical aid could reach her. Mrs. Hunsaker was born near Myrtle Creek and had lived in Douglas County prac tically all her nfe. In addition to her husband, she is survived by five children, O. O. Hun saker, H. J. Hunsaker and R. L. Hun saker, of Roseburg; Mrs. B. B. Hunt, of Sacramento, and Mrs. O. E. Franklin of Portland. She was a member of the Eastern Star Lodge and was prominent in local fraternal circles. The physi cians say ;ier death was due to a stroke of paralysis which she suffered several months ago. The women of Capri have acted as porters for ages, while many of the DETAILS OF TEST CASE ARRANGED Government Not to"Prosecute Under Adamsorf Law While Decision Is Pending. ONE SUIT TO BE BINDING Carriers Will Institute Xo More Ac tions if Law Is Vpheld De tails to Be Arranged by Kansas City Attorneys. WASHINGTON, Nov. 23. Conferences between Attorney-General Gregory and counsel for important railway sys tems of the country, looking to the expedition to -the SuDreme Court of one of the suits attacking the consti tutionality of the Adamson act virtu ally were concluded today and the question which shall be made the test case was placed in the hands of De partment of Justice attorneys and legal representatives of the railroads now in Kansas City. It was said tonight that in the con ferences here the form of the agree ment between the Attorney-General and the railroad lawyers wan in sub stance decided on, and that the only matter to be determined in Kansas City is whether the suit of the Missouri. Oklahoma & Gulf Railroad, decided yesterday against the Government, or that of the Santa Fe, set for hearing tomorrow, shall be made the test case. Act Ion Will Be Suspended. In substance the plan provides that both the Department and the railroads agree in every way to expedite and ac tively press the case to be determined on to a final decision in the Supreme Court and that during the pendency of these suits the Government will not begin any prosecutions of carriers for failure to apply the law. During its pendency the carriers-will institute no more suits and at its de termination both parties to the agree ment will be bound by the Supreme Court decision, the carriers agreeing not to bring further actions if the law is found constitutional and to drop all others. Neither party is .bound by the agreement to refrain from efforts to obtain legislation which might change the Adamson act. Typical Cane la Ielred. It was explained tonight that the question of choosing a test case had been put in the hands of the attorneys in Kansas City because of the lack of sufficient information here to warrant an agreement. It developed that when the Attorney-General asked the rail road representatives last night if they were willing to make the test on the Missouri. Oklahoma & Gulf case, they answered that they knew nothing about it and could not say that it would cover all the ground that should be covered. They were confident, however, that the bill of the Santa Fe, with which they were familiar, was sufficiently broad to make a typical case present ing all the essential points in contro versy. On the other hand the Attorney-General had not seen the Santa Fe bill and could not say whether it would meet the views of the Department. The joint Congressional committee lnvestigatingthe subject of transporta tion began its work in earnest today with A. P. Thorn, counsel for the rail way executives' advisory committee, speaking for two hours and a half on railroad problems of the a ay. Xeed of Credit EmphaMizeil. Mr. Thorn went into many phases of railroad conditions, but dwelt partic ularly on their need for credit if they ure to extend and keep transportation facilities up to the standard the public demands. He said that in the last 16 years the percentage of railroad securi ties constituting transactions against property had increased from about 49 per cent to about 65 per cent of the total securities and predicted that financiers who would come before the commission later would testify that the danger line had been reached. The investing public, Mr. Thorn said, de manded a 6 per cent return and a sur plus yearly fund to provide against lean year and such a return is almost impossible under such conditions. He pointed out that Europe not only has ceased to take American railway stocks but is selling back hundreds of millions of those once owned and that the new money to keep the roads going, to extend them and to open up vast undeveloped fields, must come from the American people, who are now unwill ng to invest. "If Government ownership of rail roads comes in this country." said Mr. Thomf "it will be because of the need of credit which private owners cannot supply." He added that in his opinion one way to reduce the cost of living is to give the railroads capital to open up new territory. "The decision of the American peo ple has gone forth," said the witness in conclusion, "that the railroads must tay out or poiuics. iney snouia see to it that the side that wants to at tack the railroads stays out of politics, too. I plead for a non-partisan regu lation of railroads that would give every guarantee possible that ques tions shall be decided on principles of business righteousness and not on principles of political expediency.'' An extensive area in New Zealand which was devasted by a volcano a quarter of a century ago is being re forested with larch trees. p5 Dividends If your salary is $1000 a year and you save $100 of it, you are paying yourself a 10 dividend on your capital stock, which is your earning; capacity. Do you save? . lumbermen National Bank Fifth and Stark 3 on savings. Re store for Men IF you're one of the men Who hasn't bought' Winter overcoat yet. We Have What You Want Right Here in These Smart, Distinctive, Practical j New Overcoats Single and Double-Breasted iVeTV rLnglish and conserva tive Styles For the Young Man For the Business Man In unlimited variety of styles and smart, warm materials, including the latest knitted coats and raincoats. Conservatively Priced From $15.00 to $35.00 First Floor, Just off Washington Street Entrance. cTMercUndiso ALLIES OPPOSE LOAN Bankers Ask Explanation of Chinese Government. AMERICANS ARE LEADERS Violation ot Agreement Is Charged. Chicago Financier Says Pekln Has Given Pledge That Notes Break No Obligation. PEKIX, Nov. 23. The British. French. Russian and Japanese bankers of the quintuple group have sent a letter to the Minister of Finance, saying that the loan arranged for with the Chicago banks violated article 17 of the reor ganization loan agreement of April 26, 1913. The letter declares the loan Is political and not industrial, and aekii for an explanation. The Chinese Parliament recently unanimously approved a loan of $5,000. 000 gold, made by the Chinese govern ment with the Continental & Commer cial Bank of Chicago. The loan was said to be for immediate administrative needs. CHICAGO, Nov. 23. In commenting on the reported protest against the $5,000,000 gold loan made to China by the Continental & Commercial Trust &. Savings Bank of Chicago, alleging that it was made for political and not in dustrial purposes. John Jay Abbott, vice-president of the bank, eaid today: "The loan was made solely for com mercial and industrial purposes and not for. political or administrative pur poses. The Chinese government has covenanted without qualification that the Issuance and sale of these notes is not in violation of any treaty, conven tion, obligation or agreement of any kind whatsoever. NEW YORK. Nov. 23. Applications for the new republic of China loan $5,000,000 in 6 per cent, three-year treasury notes have been made to an amount three times in excess of the total available, according to an an nouncement made here today on behalf of Chandler & Co.. Inc.. of New York and Philadelphia, and the Continental & Commercial Trust and Savings Bank of Chicago, as syndicate managers. The public sale of the bonds has been closed, it was said. STRIKERS LOSE, PENSIONS Freight Handlers on Canadian Pa- clfic Suffer in Settlement. MONTREAL Quebec. Nov. 23. (Spe cial.) Freight handlers who are be ing reinstated by the Canadian Pacific Railway after the recent walkout at Toronto lose their pensions, according to t'je statutory rules under which the Canadian Pacific fund is governed. General Superintendent Purvis, who is arranging the terms of settlement Washington &7TftASts. his Models of J Merit Only" with Mayor Church, made it clear that those taken back could come only un conditionally and that the men have lost their pensions. A feature of the negotiations Is that t'.io Canadian Pa cific offered to accept the arbitration of any Toronto editor, but the men re fused this offer. DUKE J0KESAT DANGER Kx-Oovernor-Cieiieral of Canada I'niler Fire or Nephew at Front. OTTAWA. Ont.. Nov. 23. New has reached Canada t'.iat a few days after the Duke of Connaught. late Governor General of Canada, returned to .Eng land he went to the front in France on a visit to the Canadians. At the front trenches in France he was enter tained at luncheon In a dugout by a Canadian General. In the course of the meal the German guns opened a violent bombardment on tlie snot ami hells fell heavily about the dugout. i ne i-uKe or c onnaught is said to have remarked wtih a smile: "This looks like a present to I'ncle." Kmperor William's mother was a sister of the Duke. NAVY TO BURY ITS OIL Storage Safe From Attack by Air craft Is Purpose. WASHINGTON. Nov. 23. The Navy is preparing to place its fuel oil supply at various Navy-yards in underground torage reservoirs to protect it from at tack by hostile aircraft. An estimate of Sl.oooooo rr -hhi tlonal storage space of this nut nr. at the Guantanamo, Pearl Harbor. Puget .-uunu. oan uiego, .Mare island and Nar ragansett Bay stations was explained today to the House Naval committee by Jiear-.Aumirai Harris, chief of the yard and docks. MAYOR TO PLAN WELCOME Eugene Oddfellows Prepare for En tertainment of Grand Lodge. F.LGKNE. Or.. Nov. 23. (Special.) .Mayor w. A. Bell, of Eugene, an active member of the Independent Order of Oddtellows, has been appointed chair man of the general committee on ar rangements for the meeting of the , iv( '-. i , . - . . .' . . . , Second Day Sale of Drugs and Toilet Needs We Have Anticipated Your Every Need in This Event TOOTH PREPARATIONS Pebeco Tooth Taste W.tf Forham's Paste for Pyorrhea. 4."tf Sanitol Tooth Preparations. .20c Kolynos Tooth Paste Colgate's Tooth Powder l."f Lyon's Tooth Paste 170 NICKEL BATHROOM SUPPLIES Wall Soap Dishes 2.1f Bath Tub Soap Dish ttOtf Towel Rods, 24 ins. long.. 590 Glass Shelves and Brackets. sizes 18 and 24-inch. .. .O0 Small Nickel Hooks 10f Free Bath Brush Offer With each purchase of nickel fixtures amounting to $ 1 .50 and over a detachable handle bath brush will be given free. I Face Creams and Lotions 9 .Woodbury Facial Cream 20c 1 Hinds' Honey & Almond Crrn.4O0 ( Pond's Creams 2O0 ? Pompeian Night Cream ;J."C I Daggett & Ramsdell Cold I Cream 4.10 I Sempre Giovine ....3O0 Dr. Charles Flesh Food Jc c Stillman Freckle Cream JJI)0 I TOILET AND Z MEDICAL SOAP (N Large cakes, perfumed r0 Pal motive Soap 70 5 Bocabelli Castile, large bars S."0 A Woodbury Facial Soap 200 Cuticura Soap 10 9 Fels Naptha Soap 10 I Resinol Soap 220 f Packer's -Tar Soap 180 I Lurline Soap I Large cakes, pure white soap, I" for this sale. Three for 10c RUBBER GOODS AND SICK ROOM SUPPLIES 2- qt. Water Bottle SI. 19 3- qt. Water Bottle 81.39 2- qt. Maroon Syringe ..81.19 3- qt. Maroon Syringe ..SI .39 Douche Syringe 81.49 Baby Syringe 190 Baby Water Bottle GO0 Rubber Bath Sponges. .. .2."C Clinical Thermometers . . .Tiit? Red Rubber Gloves 35 Sanitary Napkins, 6 in bx. 190 cMercKandio Grand Ixidge of Oregon in this city in May. 1917. The other membere of the commit tee are: F. L Snodgrass, vlce-c".iairman ; J. M. Williams, Harry Anderson. Miss Bessie Day, W. M. Gieen. l K. McGin nis. Mrs. J. H. McClintlck. Miss Minnie Mahon. F. A. Rankin. B. K. McKlnney, M. Svarverud and A. W. Mclaughlin. WINE MAKER CONFESSES Plea Changed When Court Advises Kmployinent or Attorney. OREGON CITY. Or.. Nov. 23. (Spe cial.) Anton Zaletel. indicted by the grand jury Monday on a charge of vio lating the prohibition law, entered a plea of not guilty before Circuit Judge Campbell yesterday. "Have you an attorney?" asked the court. "No. I have no attorney," rep!ld Zaletel. "I suppose one could not help me, anyway." "If you want to figh this charge you should consult an attorney," ad vised the Judge. "Well. I'll plead guilty," nld Zaletel. Saturday Last Day to See Less Than the Dust p Coming Sunday Charlie Ray in Honorable Algy 5 Acts o SUNDRIES Pure Paraffine Oil, pint.. -100 Squibbs Liquid Petrol't'm OO0 Beef-Iron-Wine, pint . ...4O0 Blue Jay Corn Plasters. . .100 Blue Jay Bunion Plasters. 190 Aspirin Tablets, 2 dozen. .;i."0 Corn or Bunion Plasters. . .70 Safety Corn Razor 190 Canned Heat, solid alcohol. 70 5-gr. Casrara Tablets. .. .290 Hinkle Pills, bottle 190 Glass Nasal Douche ..o0 Glover Dog Soap 170 Glover Mange Remedy 100 PATENT REMEDIES Listerine, 3 sizes, 190, 390, 730 Lavoris for ..200 Glycothymoline 800 Wyeth Glycerine Supp 210 Bromo Seltzer, large size. . . .800 Bliss Nature Herb Tablets.. 790 Sloan Liniment, special 330 Mercolized Wax ."90 Saxolite 590 Lydia Pinkham Compound. .730 Formamint Throat Lozenges 400 Mentholatum, large size 330 HOUSEHOLD DRUGS A Very Special Offer At 19c Each For Today and Saturday Any of the following rose water, glycerine, camphorated oil, tr. arnica, extract vanilla or lemon, witch hazel, rose wa ter with glycerine, eucalyptus oil, boric acid, spirits camphor, hay rum, cocoanut oil. violet ammonia and castor oil. For today and Satur day we shail sell any of the following item at 7c Each Washing ammonia, spirits of turpentine, rose water, glyc erine, spirits camphor, chalk and orris, boric acid, powdered borax, Epsom salts, denatured alcohol, soda mint tablets, oil cloves and powdered pumice stone. First Floor. X cfJMerit Only" He will bo sentenced tomorrow morn-' lng. Sheriff Wilson found wine and a wine press at the Zaletel home re cently. Read Th Oregon in n elassitirti ad?. n only ' S AOVfe DAYS io DO CMlSTMil SHOPPING ! ELL-AWS Absolutely Removes Indigestion. One package' Droves it 25c at all drurrp-ists. ! In 7 Big Acts With Little Mary ickford men sell coral specimens.