Morning Oregonian. (Portland, Or.) 1861-1937, December 06, 1921, Page 3, Image 3

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    OTHER CASES ARISE
FROM FATTY'S TRIAL
Two Courts Concerned in
Aftermath of Hearing.
DRY LAW HELD VIOLATED;
W j t i for Defense In Manslaugh
ter Trial Will Have to Face
Charge of Perjury.
SAX FRANCISCO. Dee. 5. Two courts
were concerned with the aftermath of
the manslaughter trial of Iioscoe C.
(Fatty) Arbuckle. which ended in a
disagreement yesterday. In the com
mission's division of the United States
district court an appearance was made
for Arbuckle In answer to a prohibi
tion law violation charge against him
and subsequently In the police court
Mrs. Minnie Neighbors, witness fur
the defense in the manslaughter trial,
appeared on a perjury charge in con
nection with her testimony.
Previous to the calling of these
cases District Attorney Brady an
nounced that he was investigating in
formation that an attempt was made
to intimidate Mrs. Helen M. Hubbard,
one of the Jurors In the manslaughter
trial. She voted for conviction con
sistently. Brady said he might present the
m.-.tttr to the grand jury for an ex
haustive inquiry. The grand Jury
was scheduled to meet tonight. Po
lice Lieutenant Lambert, mentioned
in connection with the lntlmldat'on
charges, has been asked by Chief of
Police Detectives O'Brien to make a
ful? investigation.
Arbackle Go Home.
The prohibition law violation charge
arose out of the serving and consump
tion of liquor at the party in Ar
buckle's rooms in the Hotel St. Fran
cis, September 5. during which he Is
alleged to have fatally Injured Miss
Virginia Happe. motion-picture act
ress. Arbuckle expected to leave for his
home n Los Angeles tonight or early
tomorrow. He will not return until
summoned to appear in court.
Gus Ollva, commission merchant,
denied today that he had telephoned
to Mr. Hubbard's husband asking the
latter to send a note to his wiTe In
the Jury room advising her to change
her ,vote. It was said yesterday that
someone representing himself to be
Ollva had given him such a message
over the telephone. There had been
Ill-feeling between the Hubbards on
one side and himself and his brother.
Sil Oliva. he said.' and that since he
had Hubbard arrested the trouble
had ben settled out of court. Hub
bard once was a bookkeeper In the
Oliva commission firm, according to
Ollva.
Brady Announces Plans.
District Attorney Brady will per
sonally examine witnesses, present
other evidence and otherwise directly
conduct the prosecution in the second
trial of Arbuckle on a charge of man
slaughter in connection With the
death of Miss Virginia Rappe, he an
nounced today.
The case has been set for .retrial
January 9
While he sat with the prosecutors i
during the first trial. Brady did not
examine witnesses or take any part
in the arguments.
Both sides agreed that the second
trial will be much shorter than the
f:rst.
Gavin McNab. chief defense counsel,
.-aid he did not expect it would last
more than a week.
"As a result of the first trial the
evidence is all in shape for quick pres
entation." he said, "and it is not
likely that there will be much new
evidence."
approximately 10 per cent in all linesl
had been ordered by the packers
This cut, the packers announced, was
agreed on in the shop representation '
council by committees of employes I
and representatives of the plants. The
reduction went into effect last Mon
day morning.
Two hundred extra policemen were
assigned to the stockyards district
here this morning
Mayor Burton of Kansas City. Kan.,
and Chief of Police Zimmer warned
the packing house workers there yes
terday that Kansas" law made picket
ing unlawful.
8 OH 10 BURT IX FIGHTIXG
Commission Men mid Strikers In
t lash In St. Paul.
ST. PAUL, Minn.. Dec. 5. Eight or
ten men were Injured In fighting that
was precipitated when a group of
commission men tried to break
through the strike picket lines around
the Swift & Co. plant in South St.
Paul late today.
Reports were that the commission
men were on horseback and rode Into
the crowd of pickets. First police
accounts were that both sides wield
ed clubs. The commission men failed
tc penetrate the picket lines.
Shortly before their clash with th
commission men, strike sympathizers
had intercepted a train carrying more
than 200 strikebreakers and under a
shower of stones, the strikebreakers
were scattered.
It was planned to send in addi
tional trains containing workmen In
tended to take the places of the
strikers.
j
MAUTI.YL, LAW IS THREATENED
Dispersing of All Crowds Before
Packing Plants Demanded.
KANSAS CITT. Mo.. Dec. 6. (By
the Associated Press.) The Kansas
court of industrial relations today
told Mayor Burton of Kansas City.
Kan., and H. T. Zimmer, chief of
police, that unless crowds surround
ing the packing plants were dispersed
by tomorrow the Industrial court
would ask Governor Allen to declare
martial law in Kansas City. Kan., and
order the state militia to take charge
Information late today was that all
packing houses here operated with
greatly reduced forces. lthough of
ficial statements made at packing
house headquarters earlier had esti
mated the number of strikers at
about 25 per cent. The strike was
felt most severely at the Cudahy
plant, according to a Cudahy official.
i:a li Side Confident in Omaha.
OMAHA. Dec. 5. Both company
spokesmen and union labor leaders
were predicting victory for them
selves In the strike In the packing
plant ) Industry as a protest against
reduced wages which became effec
tive In Omaha at 6 o'clock this morn
ing. Striker Ordered to Work.
DENVER. Dec. 5. Judge Morley In
the district court late today ordered
striking packing-house workers to
return to work until the Colorado
state industrial commission can In
vestigate the controversy between
the men and the companies.
DOGGilVG OF WORKERS
i:U (.RAM) JURY SWORN IN
Charge of Attempt to Intimidate
W itness to Be Heard.
SAN FRANCISCO, Dec. 5 A new
county grand Jury was sworn in to
night, according to announcement,
and December II was set as the first
meeting day. Otto A. Jungblut was
named as foreman and Mrs. Elizabeth
M. Lawless as secretary.
It is before this body that-Assistant
District Attorney U'Ren is ex
pected to lay his charge of attempted
intimidation of Mrs. Helen Hubbard,
one of the Jurors in the Roscoe
Arbuckle manslaughter case.
FRESH BOYCOTT IS FEARED
Ctew Special OiiiMalmlary of 5000
Organised In Calcutta.
LONDON", Dec. 5. (By the Associate
M Press.) Apprehension is felUover.
the posslolltty of a iresh outbreak
of the boycott movement in Calcu.'a
where the Prince of Wales Is to ar
rive on Christmas evening according
to a dispatch to the Morning Post to
day from its Calcutta correspondent.
Extremists openly declar :hat an
other "hartal" is coming which 'will
amaze even the prince himself."
A new xpvcial constabulary of s'JOO
citizens has Kei n organized.
GERMANS GETS MORE TIME
(Continued From Fintt Pj k? )
BY STRIKERS BARRED
'Importunity" in Picketing
Also Condemned.
ALL JUSTICES CONCUR
MODIFICATIONS ASKED
New Action Is Taken as to Future
Trading Act.
WASHINGTON. D. C. Dec. 5.
Eight members of the Chicago board
of trade, who have asked that the
future trading act, effective Decem
ber 24. bt declared unconstitutional,
moved In the supreme court today a
modification of the formal order of
the court suspending operation of the
law so far as that exchange is con
cerned. Counsel for the eight members ex
plained that the suspension of the
operation of the law would prevent
the board of trade from becoming -a
contract market. Should the law be
held constitutional, the suspension
also, it was declared, would compel
all its members to pay the prohibi
tive tax of 20 cents a bushel on all
dealings In futures, which might be
dealt in while the case was under
consideration, whereas as members
of a contract market they would
not be.
The court took the request under
advisement.
41,000 ARE OUT ON STRIKE
fContinud From FlrM Page.)
spokesmen said the numoer was from
65 to 75 per cent.
I At Fort Worth company officials
said 200 men were on strike and the
unions gave no estimate.
. Few men were reported on strike
at Dubuque, la.; Cedar Rapids, la.;
Austin. Minn.; Milwaukee or at plants
near there. At Albert Lea, Minn.,
about one-third of the workers re
ported for work, according to plant
officials. Reports from Kansas City.
Kan., indicated 2000 men were out
while union officials said the strike
was 100 per cent effective at Wichita
and Sioux City.
Patau Out 100 Per Cent.
The strike voted by the meat cut
ters and butcher workmen went into
effect this morning.
Ccrnelius J. Hays, president of the
union, said advices from a half dozen
cities reported that the union men
walked out 100 per cent.
Cedar Rapids, la., and Milwaukee?
Wis., reported that packing officials
said their plants were unaffected.
The strike was voted by the Amal
gamated Meat Cutters and Butcher
Workmen of North America two
weeks ago after a wage reduction of
for several inontns as the best means
ol insuring payment of a substantial
indemnity to France. They contend a
delay of three years will enable Ger
many to regain considerable of her
pre-war economic stability.
WASHINGTON. D. C. "Dec. 5.
Labor unrest is again appearing in
Germany, according to advices madu
public tonight by the commerce de
partment. This condition has become appar
ent, it was said, coincldently with
the sharp decline of the mark and
the advancing costs of food and
clothing. Workers in the Dusseldorf
steel Industries are 'striking for a
75 per cent increase of pay while the
50.000 men employed in the Krupp
works at Essen have presented a.
demand for a "living cost bonus."
Needle-I-ierced Child Dies.
SlINNEAPOLIS. Dec. 5. Davison
Sandles, 2-year-old son of Mr. and
Mrs. John H. Sandles, who had a
needle removed from his heart on
November 7, in what surgeons said
was one of the most remarkable oper
ations ever performed in the north
west, died yesterday at a local hos
pital. The needle pierced his heart
when he fell on a sewing basket-
Sales Tax for Veterans IManned.
WASHINGTON. D. C Dec. 5. Ad
Justed compensations for world-war
veterans, funds for which would be
raised by a 1 per. cent general sales
tax, s proposed in a bill introduced
today in the house.' Veterans would
be given five options adjusted serv
ice pay, insurance, vocational train
ing, farm or home aid or land settle
ment aid.
"Leak Case" Review Refused.
WASHINGTON. D. C Dec. 5. The
supreme court declined today to enter
into a revle"w of the so-called su
preme court "leak case" In which an
ex-secretary of one of the justices
and several associates, including a
former employe of the department
of justice, were convicted in the court
of the District of Columbia of con
spiracy to defraud the United States.
Red Fox
Headache
or
,olSAPC
tPOWDERSX
ISr"wSafoi?Sur
AT
HEADACHEV
POWDERS
Try the Drug Store Firat"
V. S. Supreme Court, However,
Rules Specific Instances De
pend on Each Case.
WASHINGTON. D. C. Dec. 5.
Picketing in connection with a labor
strike Is unjustifiable If carried to
the point of "Importunity and dog
ging." the supreme court ruled today.
Decision as to whether specific in
stances of picketing come within the
court's Inhibition must be left for
determination on the facts in each
such case, it was declared but the
court suggested that pickets should
have the right of "observation, com
munication and persuasion,'' and
might further be limited to "one rep
resentative for each point of ingress
and egress."
The opinion of the court, which was
read by Chief Justice Taft, was ap
proved by all the justices except Mr.
Clark, h'. did not slate the grounds
tor his dissent.
The case arose out of a strike at
the American Steel Foundries plant
at Granite City, 111., where 1600 men
were normally employed. Afte.- shut
ting down, it resumed operations as
an open shop with about 350 men.
about half of whom belonged to labor
unions. The tri-city trades council,
upon the refusal of the manager of
the plant to negotiate, declared a
strike and established', picketing.
There was considerable violence until
the courts intervened and restricted
the picketers' activities. The council
thereupon contested the authority of
the courts to interfere
Opinion Given by Taft.
Chief Justice Taft. in declaring the
opinion of the court, said:
"If in their attempts at persuasion
or communication, those of the labor
side adopt methods which, howevar
lawful in their announced purpoee.
inevitably lead to Intimidation and
obstruction, then it Is the court's
duty to limit what the propagandists
do as to time, manner and place so
as to prevent infractions of tne law
and' violations of the rights of the
employes and the employer for whom
they wish to work.
"In going to and from work men
have a right to a free a passage
without obstruction as the streets
afford, consistent with the right of
others to enjoy the same priv.lege.
We are a social people and the ac
costing by one of another In an in
offensive way and an offer by the
one to communicate and dlscuse ln
formation with a view to influencing
the other's action are not regarded
as aggress. on or a violation of that
other's rights. If, however, the offer
is declined, as it may rightfully be.
then importunity and dogging be
come unjustifiable annoyance and ob
struction which is likely to savor of
int mldation.
"In. -the present case, under the
conditions which the evidence dis
elosed, all information tendered, all
arguments advanced and all persua
sion, used were intimidation they
could not be otherwise. It Is Idle to
talk of peaceful communications in
scch a place and under such condi
tions. Intimidation In Charged.
"The whoie campaign became effec
tive because of Its intimlding char
acter, in tpiie of the admonition given
by the leaders of their followers as
to lawful methods to be pursued,
however sincere.
"Our conclusion is that picketing
thus instituted is unlawful and can
not be peaceable and may be properly
adjoined by the specific term of
picketing.' because its meaning is
clearly understood in the sphere of
the controversy by those who are
parties to it.
"But while this is so. we must have
every regard for the congressional
Intention manifested in the act and
to the principle of existing law which
declared that ex-employes and others
probably acting with them shall have
an opportunity, so far as is consist
ent with peace and law. to observe
who are still working for the em
ployer, to communicate with them
and to persuade them to Join the
ranks of his opponents in a lawful
economic struggle. ' P
"Regarding as primary the rights
of the employes to work for whom
they will, and to go freely to and.
from their place of labor, and keep
ing In mind the right of the employer
Incident to his property and business
to free access of such employes, what
can be done to reconcile the conflict
ing interests?
Kara fane Held Separate.
"Each case must torn on Its own
circumstances It is a case for the
flexible remedial powers of a court
of equity which may try one mode
of restraint, and if it falls or proves
to be too drastic may change it. We
think that the strikers and their
sympathizers should be limited to one
representative for each point of in
gress and egress in the plant or place
of business and that all others be
enjoined from congregating or loiter
ing at the plant or in the neighbor
ing streets by which access is had to
the plant; that such representatives
should have the Mght of observation,
communication and persuasion, but
with special admonition that their
communications, arguments and ap
peals shall not1 be abusive, libelous
or threatening and that they shall
not approach individuals togelher.
but singly. This is not laid down as
a rigid rule, but one whloh should
apply to this case, under the clicum
stances disclosed by the evidence and
whicn may be varied in other cases.
It becomes a question for the Judg
ment of the ohancellor who has heard
the witnesses. The purpose should
be to prevent the Inevitable Intimida
tion of the presence of groups of
pickets, but to allow missionaries."
OLD GRANGE SUPPLANTED
Deposed Washington Master Factor
In Reorganization.
SPOKANE. Wash.. Dec. S. Pend
d'Oreille County grange of the West
ern Progressive grange. Washington
unit, was organized at Newport.
Wash., Saturday following the dis
banding of the old Pomona grange
The meeting was attended by Will
iam Bouct, deposed master of the
Washington grange, and representa
tives of nine of the II local granges
of the county. The vote to disband
the old organization was said to be
more than five to one.
Bouck- Is reported to have been in
the county for several days before
the Newport meeting.
Fred Nelson of Seattle, state mas
ter of the old grange, has also spoken
before a number of local granges.
APPLE SHIPPING SLUMPS
Growers Deliver But Little Fruit
at Hood River.
HOOD RIVER, Or. Dec. B. (Spe
cial.) Shipments of apples from here
the past two weeks have been neg
llble. Just as the O.-W. R. & N.
company, emerging from the paralyz
ing effects of the sleet storm, was
getting ready to handle the loadings
of local shippew. floods again tied
up tracks. Comparatively few apples
have been delivered by growers since
the snowstorm began November 19.
Thi Appfe Growers' association re
ported to date that its total deliveries
have reached 1,207.781 boxes and its
shipments aggregate 754.533 boxes.
Church Building Is Sold.
HARRISBURG. Or., Dec. .(Spe
cial.) The South Methodist church
building, erected more than 50 years
ago. has just been sold to the local
congregation of the Church of God.
The membership of the South Metho
dim church affiliated with the Metho
UUt Episcopal church here about five
years ago.
Phone us for prices on your winter
coal Diamond Coal Co.. Bdwy 3037
-Adv
Whose birthday
in
December
?
aif it witli fiowefs
FOR SALE FOR SALE
For Immediate Delivery
NEW NAVY SHOES
in original Government cases containing 25 pairs of one
solid size to a case. Sizes 9 to 11 packed as follows:
Purchased direct from I . S. Nary
C D E EE F
9 1 1 10 13
9Vi 1 1 10 13
10 2 10 13
10 't 2 10 13
11 2 10 13
New Hob Nail Shoes
In Original Government Cases, AH Sizes and Widths
Write us for quotations offered
at a fraction of their value.
Star Trading Co.
207 6TH AVENUE NEW YORK CITY
Phone: Watkins B418
r
Like Riches
ashes take wing and fly away.
Into your nostrils, clothes and draperies.
The rest you carry out.
Gasco Briquets are all heat and no ash.'
Therefore they are the cheapest fuel you can buy.
Phone the Gas Office. Main S500. Autom. 562-71.
A
olfers, improve your game! Beginners, learn the "knack" of keeping your eye on the ball!
Telephone Marshall 5000 for appointment with Sandy Leith, professional player and teacher.
Instruction daily, eighth floor. Mr. Leith gives personal advice on proper selection of clubs.
i
Christmas Sale of Belts
and Fancy Buckles
Quite the most extraordinary event of the sort ever
inaugurated by this store
With the full co-operation of the manufacturer who nationally is conceded to be the leader in his
line, our Men's Furnishing Section has prepared for this sale with the assembling of merchandise and
values interesting to the extreme, and most especially of importance to gift buyers. It is the celebrated
Knothe line of men's belts and buckles that the selling embraces.
Belts with Heavy Sterling
Silver Buckle Special
$2.85
These heavy sterling silver buckles are
in plain, engine turned and hammered ef
fects. Ten new designs are featured.
The belts are of solid leather.
Belt Buckles of Plated
Nickel Silver
75.
These are heavily plated and guaran
teed not to turn color or scratch. Some
with initials, others plain for initialing.
We engrave initials free.
Nickel Silver Buckles
Featured at
$l
These are handsome and really good
values. Of silver top, with initials in open
work. Choose while initials are complete.
Street Floor Lipman, Wolfe & Co.
Sterling Silver Buckles of
Fine Quality
$1.85
Your choice of six different stvles en
gine turned, plain and hammered effects.
These buckles are all of them worth more
than double this price.
Heavy Silver Buckles
in the Sale at
$2.65
Of extra fine quality, these sterling silver
buckles are in new elaborate designs. Many
patterns to choose from men will like them.
The Belts
One-piece cowhide belts at 75c.
One-piece cowhide belts at $1.25.
Double-stitched cowhide belts $1.50.
Extra soft cowhide belts at $1.75.
Genuine goatskin belts at $1.75.
East India oxhide belts at $2.
Genuine calfskin belts at $2 .
Genuine sealskin belts at $3.
Leather Belts with Sterling
Silver Buckles at
$1.95
Solid leather belts in black with buckles
of fine quality sterling silver. The buckles
are especially attractive with designs in en
tirely new patterns.
Inlaid Gold and Silver
Buckles, Special
$5 to $9
We have not sufficient space to de
' scribe the higher priced buckles we are
now offering at special prices. According
to the quality, they are priced very spe
cially. Engraved Sterling and
Gold-Front Buckles
$3.95
These buckles are undoubtedly the
"aristocrats" of this wonderful sale. See
them and admire their beauty a rich
gift.
Street Floor Lipman, Wolfe & Co.
Something More to Impress the Good Friends of Men
Men's Beacon Blanket Bath Robes
Specially purchased and specially priced
just a hundred of them
$7.95
They are of heavy quality with shawl collars and silk
cords with tassels. Attractive block, flower and Indian pat
terns are used all the new colorings, too. Every one dis
tinctly a man's idea of "a real robe."
For the choicest selection you should come as early zi
possible Tuesday morning.
Other fine robes for men are among the holiday
features of note, and priced fr6m $ 1 0 to $ 1 9.50
Take Express Klevator to the Fifth Floor Llpmas, Wolfe & Co.
v t
This Store Uses No Comparative Prices They Are Misleading and Often Untrue
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