Image provided by: University of Oregon Libraries; Eugene, OR
About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (June 6, 1922)
3 TITE SIORXING OREGOXIAX, TUESDAY. JUNE 6, 1922 LABOR UfiSOiJ HELD LIABLE AS TRUST Violent Acts Deciared Sher man Law Violation. UNIONS MAY BE SUED Destruction Found Not Incited to Restrain Interstate Commerce. Damages Bet Aside. . WASHINGTON, D. C June S In deciding rhe celebrated Coronado ooal case, the supreme court today held that labor organizations," al though unincorporated, .are amen able to the Sherman anti-trust act and that under it such organizations may be prosecuted for restraint of interstate commerce. The court also held that labor unions may be ued. Chief Justice Taft, in announcing the decision, did pot indicate any dissent. The case which presented the questions passed upon by the court was an appeal by the United Mine Workers of America, District No. 21, of . that organizations, and Its officers, 27 local unions in that dis trict and their officers and 65 indi viduals, some of the latter not mem Iters of any union, from a decision iby the United Statea district court of Arkansas, approved by the cir cuit court of appeals, holding them guilty of violating the Sherman anti-trust act during , the coal mine strikes in Arkansas in 1914 and im posing damages of J200,0(K. which were trebled under the anti-trust law. ( Damarai Set AIde. The effect of the decision will be to set aside the damages because of the finding of the acts which caused the destruction of property were not Incited for the purpose of restrain ing interstate commerce. During the strike lawlessness pre vailed and property damage was done the Coronado and eight other mines controlled by the Baehe Den man Coal company. The United Mine "Workers of America contested the jurisdiction of the federal courts that on the ground of being an un incorporated association of mine workers, it was i not subjected to prosecution under the Sherman anti trust law. Five questions were presented by the controversy. Chief Justice Taft said. First, whether there had been a correct selection of the parties to be sued; second, whether the par ties not being incorporated were 'Bubject to suits; third, whether the United Mine Workers of America had been engaged in a conspiracy or in the destruction of property for which that organization and its of ficers could be held liable; fourth, whether there was evidence toshow that the conspiracy alleged' did re strain or monopolize interstate commerce, and fifth,, whether the trial court, in charging the jury, had ooerced them into returning the verd'ct. There had been no mis joinder of the parties under the laws of Arkansas, Where the case was tried, the supreme court held. Organizations Held Suable. In view of federal legislation, the court announced that such organ izations are suable in the federal court for their acts and that funds accumulated to be expended in con ducting strikes are a subject to ac tion in suits." On the grpund that there was nothing in the evidence to show that the international union or interna tional board of the United Mine Workers of America had authorized the strike or took any part in oreD aration for It fr its maintenance, or had ratified it by paying atly of the expenses, the court contended that the international union and its of ficers should not have been held by the trial court as subject to the joint liability with the district and local organizations and officers for participation In the conspiracy for the- destruction of property Incident to the strike. The authority placed by members f district No. 21 in their officers to order a strike. It was held, made the district organization responsible for any unlawful injuries inflicted during the conduct of the strike and jnade the fund accumulated for strike purposes by the district sub ject to the payment of any judgment which is recovered. Case Is Famous. The "Coronado Case" was the name applied to one of the most fa mous proceedings to reach the su preme court within recent years. Its fame arose not only from the lone period it remained on the docket, but from its Importance, involving as it did the question of whether or -rranixed labor as represented in the United Mine Workers of: America could be prosecuted under the Sher man anti-trust law for restraint of interstate commerce resulting from strikes. The Coronado and Associated Coal companies of Arkansas instituted in the United States district court for Arkansas civil proceedings against the United Mine Workers to recover treble damages under the Sherman act for property losses suffered by them during a strike in the Arkan sas coal fields in 1914. The coal companies alleged that the United .Mine Workers had unlawfully con "spired to suppress non-union com petition and that the destruction of the pror-erty had been resorted to, with attendant restraint of inter state commerce, to accomplish that end. The decision of the court dismiss Jng the suit was set aside by the United States circuit court of ap peals for the th circuit, and in the same court, on second trial, before a different federal judge, the jury he ig Points .Service, ,C o m f o r t. Convenience, vocation and Price guide the trav eler Irresistibly to the imperial 4 V i r ' Manager. . CTfte t-i , .,23 T B CHILEAN "BRINGS It X -V"' - - f v ' In CARLOS Carlos Aldunati. distinguished lawyer and statesman of Chile, brought the Chilean-Peruvian conference on Tacna Arica at the Pan-American union. There were no other women accompanying the delegation. Note the latest Paris hat and gown clasped by only one long pin worn, by Cath erine Aldunati. found that the destruction of the mine property was due to a conspir- i acy to prevent the mining of coal by nonunion labor, and had resulted in restraint of interstate commerce. The jury placed actual damages of $200,000. which were trebled by the court under the Sherman law. The award, affirmed by the circuit court ' of appeals, was brought to the su preme court by the labor unions on the ground that being incorporated they could not be sued. The conspiracy was alleged by the Arkansas mine owners to have been an outgrowth of the standard wage scale and hours of labor con ferences held by labor leaders and the mine operators in the central competitive field, beginning in 1898, during which the union miners had impressed upon them the impor tance of removing the competition of nonunion mines. It was asserted that the operators at these confer ences emphasized that unless the competition was removed wage scale and hours of labor agreements could not be maintained. Union labor was called upon at these meetings, it was said, to formulate a policy for reducing the competition, and an nounced that the nonunion mines would be unionized or closed. ' Acts Held Unlawful. This decision by the United Mine Workers constituted a conspiracy. it was charged, which became un lawful when the acts of the labor leaders to suppress nonunion com petition failed to unionize the mines, and resulted in acts of violence which caused a restraint of inter state commerce. Union leaders throughout the pro ceedings asserted that labor unions had been declared by the Clayton act to be exempt from prescution as illegal combinations or conspira cies in restraint of trade." They in sisted that it was legitimate for them to lemove nonunion competi tion when possible by strikes aimed to extend their organization. If they had been guilty in 1914 of an un lawful conspiracy under the Sher man law, the suit against them had been improperly brought, they as serted, because the coal operators or the central competitive neia naa not been joined with them, as de fendants, although they had been equally as insistent and active at that time as the labor organizations in having all mines unionized. The destruction of mine property during the Arkansas strikes was not due to a conspiracy, the labor unions insisted, but was beyond their con trol, being an uprising of the entire countryside in protest against dep redations alleged to have been com mitted by non-union workers and by reports that women and children had been insulted and attacked by armed mine guards. Officers of the United Mine Workers protested that the strike had not been called, in dorsed or finance by them, but was under the jurisdiction of district 21, and that their failure to discipline union miners participating in the strike, or repudiate alleged unlaw ful acts of their members, did not make the national organization lia ble under the Sherman law. The coal companies asserted that the national organization and none of Its branches at no time took any action to expel, suspend or disci pline any of its officers ?or mem bers, although its national treasury had paid the counsel fees of union members "who had confessed their participation in unlawful acts" when criminally prosecuted, the fines im posed, and extended union benefits to ' those imprisoned. This consti tuted, the mine owners insisted, a recognition by the United Mine Workers of the organization's re sponsibility for the acts of its mem. bers during the strike. Violence Follows Strike. The Baohe-Denman company and eight subsidiaries, five of them op erating companies, closely allied by corporate ownership, all located in Prairie ereek valley,-Arkansas, had a group of mines in Arkansas which had been operated as union mines 'until March, 1914, when two of them were closed temporarily, prepara tory to reopening with nonunion labor. The Coronado mine had oontract with union labor which did not expire until the following July, but two days after one of the two closed mines opened with non union miners in April the union workmen in the Coronado mine struck. Disorders and violence im mediately followed, compelling all the mines to close, a banner being erected bearing the inscription, "This Is union man s country.' Work was resumed under Tin in junction, and there was no further trouble until the. night of July 16. when an armed mob surrounded the nonunion mines. The mine owners charged that the rifles and ammuni tion were purchased by the secre tary of district No. 21, upon a check signed by the presiaem oi tne onion. At daybreak one of the mines was attacked, several of its employes killed, others driven away, the mines dvnamited and flooded, buildings de stroved, and a railroad car loaded with coal billed for shipment to Louisiana, burned. Attacks upon other mines, including the Coronado, followed. It was not until October that further attempts, which also proved unsuccessful, were made to operate the mines. In November federal troops arrived. In the mean time the leases of the eeal com 1 panies had been canceled and a re ceiver appointed. ; LOVELY DAUGHTER TO UNITED STATES. ALDUNATI AND SENORITA ALDUNATI. BATE pi, UPHELD CARRIERS , FOUND TO HAVE OVERCHARGED SHIPPERS. Tariff Js Declared to Have Been Greater for Shorter Haul and Adjustment Is Ordered. SAN-FRANCISCO, June 6. A de cision of the United States district court in Portland adjusting freight rates between Ban lfranclsco ana Portland and San Francisco and North Portland, was upheld today by the United States circuit court. It was held by the shipping inter ests seeking the adjustment that the carriers were charging more for the haul between this city and North Portland than for the shorter haul between here and Portland. The lower court decision also ad justed seed freight charges between Roswell. N. M., and Yakima and Walla Walla, Wash., and between Pecos, Tex., and the same two north-. western points, which it was claimed were inequitable. , , JUDGE BEAN IS AFFIRMED Appeal to Supreme Court Is Ex pected in Action. r The case involving the question of whether the Southern Pacific could IVtfiarge a greater rate to Portland than to North Portland, a longer l,haul, was brought before Judge Bean in tne. teoerai court oy xi. a, Parrington 18 months ago. The WHAT CONGRESS DID AS ITS DAY'S WORK. Senate, Adopted resolution directing thorough investigation of sup ply, control and prices of gas oline and other petroleum products. . Republicans determine to defend tariff bill, and Watson of Indiana makes opening speech in that direction. Received report from fed eral trade commission fur nishing information regarding the pending merger of inde pendent steel concerns. Honse. Considered bills on unani mous consent calendar. - Adopted joint resolution au thorizing president to eall conference of maritime powers to devise means of ending oil pollution of rivers and har bors. Passed bill giving official sanction to sesqui-centennial exposition to be held in Phila delphia. Agricultural committee vot ed to indefinitely postpone presentation of resolution to reimburse importers for $5,000,000 lost On sugar impor tations in 1920. court upheld the contention, of the plaintiff and decided that the rates to North Portland were discrimina tory. The railroad company took an ap peal which brought the decision of the United States circuit court ot appeals upholding Judge Bean's de cision. In all probability the case will be appealed to the supreme court for final decision. Mr. Parrington represented a number of shippers in his original suit, which was based upon ths question or wnetner tne rate on sugar should be higher between Portland and San Francisco than between North Portland San Fran cisco. MAJOR FOUND GUILTY 'fContinwd From First Tage.) boae of the enemies' line after all other armies had failed.' ."Perhaps the present system of promotions is not perfect, but it takes a big man to make or break a system and when that man appears to produce a real improvement over the present arrangement he will be welcomed by the array as great . The suggestion -that Major Wheeler Nicholson might have been suffering from shock and nervous ness of an early wound when he wrote the letter te President Hard ing was injected Into the question ing of military experts during the day. Major James A. JSethean and Major Arthur N. Alden, surgeons of the American beard that had since Kad Major Nicholson under observa tion, reported, mowever, that the SO' oused was mentally normal. Major Shot to Head- Major Nicholson was shot in the head and sustained a fracture at the front templar bone, escaping death by a hair's breadth last win ter, when he entered another of ficer's quarters at Camp Dix and was mistaken by a guard, who fired. Taking the stand this afternoon as the only witness in his defense. Major Nicholson admitted author- Photo copyright by Underwood. his lovely daughter Catherine to ship of the famous letter to Presi dent Harding. He said he felt he was within his rights when he wrote and forwarded it I fought out this issue with my conscience and reached the conclu- I sion that It was a moral coward I who would not point out dangers to the national defense," he said. "There were a lot of things un American and dangerous, and I de cided to get them before the presi dent and take the consequences." The major said it was his inten tion to leave -the service soon, but that he had refused to iro out with a 'blot on his military recqrd, Detailed Record Is Read. Following bis testimony. Major Nicholson asked permission of the court to present an unsworn state ment. He was advised by Colonel Orrin R. Woolfe, president of the court, that he was entitled to be heard on any matters pertaining to the case. He read first a detailed record of his service from 1912 to date, show ing a brilliant career in the cavalry, with various regiments and cover ing domestic Philippine, Siberian, French, German -and Dutch areas. Indorsements of superior officers attested to his fine efficiency. Persecution la Charged. That he has been hounded and persecuted by high; officials whose enmity he had incurred by bringing their faults to the attention of the war department has long been the contention of Major Nicholson. He entered into a detailed history of this alleged persecution in his lengthy statement and named Colonel T. B. Dugan and General Frederick Sladen, the latter in line to command the West Point acad emy, as his. arch foes. It was on General Sladen's orders, -Major Nicholson said, that he was reduced to class B while serving in com mand of the divisional cavalry at Coblenz. A report forwarded by Colonel Dugan to General Sladen. he said, helped precipitate the trou ble When he fought the findings of the classification board he said he had been recertified to class C only again to be reduced to class B through the alleged efforts of his foes. , . j . TJie prisoner declared his ex chequer had been reduced J6000, in addition to another 2000 contrib uted by his wife, to fight his leeal battles in order to remain in the service, and that his foes were now trying to deprive him of his salary for the last year. In sheer des perations he said, thy had deter- mmea to expose tne alleged mis manegement of the army and had given the facts to members of con gress and the press after falling to get them before the. secretary of war or the president. Can you mix a good salad? Your skill in salad mak ing is seemingly en hanced if you use Heinz" Vinegar. At any rate, the salad is improved by its mellow flavor its delicate aroma Heinz Olive Oil, pressed by Heinz in Seville, Spain, plays a big part in the salad's perfection. PURE VINEGARS HEINZ DlPUSSIi TO KEEP PROtVllSES French Astronomer Offers Proof Soul Lives. .. INCIDENTS ARE - CITED Persons Who Died Are Declared to Have Even Given Warnings ot Coming Events. ' PARIS, June 5. (By the Associ ated Press.) Conclusions of Camille Flammarion, ! the French astrono mer, from the study of a few hun dred cases along purely scientific lines, and apart from religious or spiritualistic view points,, that the soul lives after decomposition of the body, is endowed with- faculties still unknown to science and can man I fest itself at a distance without the mediation of the senses, were elabo rated further today. "I have spent 50 years studying the question, the astronomer said, "and have applied to it th same rules as to scientific research. I ex cluded every example which would not stand the test of scientific veri fication." Among the proofs offered by Dr. Flammarion are cases of dead per. sons fulfilling promise, giving no tice of their own demise and giving warnings of events which after ward materialized, even such as the execution of vengeance for wrongs through mediums previously un aware of the wrongs done, -So-Called Pres Cited. Among the , proofs cited are the following; The late composer - Saint Saens, Just before his death, related the fact that of the last day of the war of 1870 while he was dining gaily witn comraaes at an advanced post, he distinctly heard the chanting of the themes around which he later composed his famous requiem. From this phenomenon he had a presenti ment of misfortune, and later learned that his friend, the great artist Tenri Regnault, had died that same instant. , A patient says Dr. Flammarion made a pact with him that if he died before the doctor did he would come back and give evidence of the spirit of the soul. A few months later the doctor's attention was drawn to the movement - of a candelebra. which continued until a piece of It was detached and placed on a table as if laid there by a careful hand. Two days afterward the doctor learned that his patient had been dead several days.. The breaking of the candelabra, it was said, was to prove the survival of the soul. Suicide Theory Disproved. Another Instance cited by ' Dr. Flammarion is the case of a young man employed by a uiasgow manu facturer. The young man, who died of poison which he had mistakenly drunk for whisky, appeared after death to his employer and begged him not to believe what he was go ing to be told. The employer pre viously was unaware of the young man's death. He was told a few minutes later that the boy had com mitted suicide. A careful investi gation, however, proved that death Children never look so well as when dressed sensibly and right That means playsuits for playttoe.Makesiteasierformother,too!Once the kiddies axe dressed in Kute Kuts,they can go through the day in these practical playsuits. These playtime togs for children are at once so smart and sturdy that they are really two garments in one. They serve for "dress' up" a3 well as play. That's why Kute Kuts . save money. What s more, they save time and -y work in mending. For Kute Kuts are made -.-. only of extra'strong, wear-long fabrics. Every strain point is reinforced. Every seam is sewn in "for keeps." Every button is on to stay. . "Every stitch is guaranteed." ' Let your dealer show'you these style-plus wear playsuits today ( Priced low, too I V UMONIMK - ' r:"KI3TEEUrS P.S. PEG-TOP PLAYSUITS "Btntdna" thenrr " Md by Eloesshr-Heynehann Go.SanFTimciKo-LotAngeUi-PortUnd pUysuitt Mfrs. of "Can't Bust 'Em" Overalls, Trousers, "Argonaut" Shirts, etc" forbcys ' Kute Kut design patented U. S. Pat. No. 56450. Infringements will be proMoutd Portland Headquarters, 29 Aorth Flfta St. Phone Broadway $528, really was due to taking the poison by mistake. . .. - , Dr. Flammarion reproduced a great number of examples already published in his psychical works, showing manifestation of the spirit at different periods after deatb. I from an hour to several hours. He says, however, he does not pretend to say that, the soul Is immortal, but contents himself with classify ing evidence proving scientifically that if does survive the body. LA PINE SCHOOL BURNED Deputy Fire Marshal to Investi- " gate $25,000 Blaze. ' BEND," Or-s June 5. (Special.) To investigate the causes of a fire which early today destroyed La Pine's $25,000 school building. Depu ty State Fire Marshal Pomeroy and Deputy Sheriff Stokoe will leave for La Pine. Today's fire was La Pine's second disastrous blaze In less than a year. The fire - is considered to have been of incendiary origin. The building has been vacant since the close of school a week ago. and last night rain which fell after 9 o'clock obliterated an tracKS in the vicinity. When the fire was discovered at 3 o'clock this morn ing,, however, a single pair of tracks were found leading to and from the structure. Flames were then too far advanced to be combated. In surance .of 117,000 was carried. Plans for rebuilding, which will involve a boad issue, are being con sidered, - RADIO CONCERT IS FINE (Crmtfrmed Frcym First Page. Van Dyck Hardwick, Walter Hard wlck and Maurice ' Leplat. hawley: concert toxight String Orchestra of 60 Pieces Is to Play for,Kadio Fans. '' A string orchestra of 0 pieces, under the direction of Ted Bacon, will be the feature of the Willard P. Hawley Jr.'s radiophone concert tonight beginning at 9 o'clock. Haw ley's station is located at Irvington and operates on S60 meters. The pro gramme will be as- follows: March "Militarie" (Schubert); "Evening Reverie" (Saint-Saens) ; "Gavotte Mignon" (A. Thomas); "Intermezzo Cavalleria Rusticana" (Mascagni) played by eight violins and harp. "Melodic" (Ole Bull) ; "Humor esque" (Dvorak) ; "Triumphal Much" (Greig.) . IRISH LEAVING BALEEK Continued From Firt Page.) - replied with a Lewis gun. It is be lieved that one Sinn Fein gun crew was wiped out, , It is officially stated that but one member of the crown forces was killed. Seven republicans are known to have been killed, while 16 were made prisoners, including the com mandant. The military has taken strong positions on the neighboring hills of Belleek to prevent a surprise attack, while British special constables are on duty on all the Fermanagh roads leading to Pettigoe. - Woodstock to-Celebrate. - The Woodstock community club last night decided to hold a regu lar old-fashioned Fourth of July celebration in hat district, with picnic dinner, sports, musid and all the usual features. The celebration, will dedicate the new Woodstock park and all . citizens of Portland are invited to attend and view the new recreation spot in that district of the city. All dressed'Up for play ENDEAVORERS SIT TODAY DELEGATES FROM STATES COXVEXE AT O'CLOCK. Sunrise Prayers on Mount Tabor io Be One of Features oi Con ; ventioa of ChnrcU Society. The annual convention of the Ore gon district of the Christian En deavor society of the Church of the United Brethren-will convene this afternoon at i o'clock- at the Third United Brethren churchy Thirty- second avenue - and Sixty-seventh street Southeast. Delegates from both Oregon and Washington will De in attendance. The convention will adjourn to morrow night. The- main address will be delivered by Miss Emma Paige of Marshalltown, la., who has They They S They Bought! That this sale was Oregon's Greatest Shoe Sale" has been forcibly demonstrated since open-.ing.-And why not? The oldest Shoe House in Portland, and one of the most reliable in the whole country, had just announced its first sale in 40 years! No wonder they came! As one man aptly put itr "You advertised for customers; then hired a policeman to keep 'em out!" But I want to thank the crowds for the patience and good humor displayed, and I also want to see the good-natured police man again who so ably assisted us in handling the ladies. - i - ' We have tried hard to render the best possible service, but with a force of over 40 salesmen, only a few of whom knew the stock, it has been difficult. We are now thoroughly organized and can go the pace. But remember, this is a sale, so please ren der the salesmen every assistance you can to save time. We want everybody to have an equal chance, and the hundreds who were unable to be waited on can now be ' taken cara,of, and we invite you again. It will pay; it will pay everybody to take full advantage, for real shoes won't be sold at such prices again in many a day. A better sale was never held. A better reason for a sale was never had. A new location has been purchased (127 Sixth St.) and a New Store with a New Stock is to open. This one quits, and every pair of Shoes is to be sold H i M CLOSED OUT Not Moved! ItVa REAL Sale of REAL Shoes at REAL Reductions! COME and come in the forenoon. C. W. SHIVELY FOR Eggert, Young Co, 129-131 Third St. NEAR ALDER been engaged in missionary work on - the Pacific coast for the past three months.. Her topic will be ; "The Challenge of Christ" She will speak tomorrow night. Rev. O. E. Krenz of Vancouver, Wash., will speak tonight on "The Church's Responsibility and Oppor tunity." Tomorrow morning Rev. ". W. A. Nicoles of Spokane, superin tendent of the Columbia River con ference, will speak. An impressive feature of the con vention will be "sunrise prayers," to be held at 6:80 o'clock tomorrow morning on Mount Tabor. The officers of the convention are: President, Rev. Ira Hawley; vice president, George Gieger; -recording secretary, Leroy Seaquist; corre sponding secretary, Flossie Over man, and, treasurer, William A. Dunlgan. - . S. & H. green stamps for cash. Holman Fuel Co., coal and wood. Broadway 635S; 660-21. Adv. , Phone your want ads to The Ore gonian. Main 7070. Automatic 560-95. n aw, rightly named 1 1 Came