SEVENTY-THIRD YEAR SALEM, OREGON, TUESDAY! MORNJNG, APRIL 10, 1923 PRICE 1 1 1 . .. -k f u - i. ., U i y - is i i I. i ; u i " . '! s - t . , u I,.' L I I -if ir r i i- 4 v i? i . i i , 4 r S . 1 -: f V T CROP. FOfiEGAST IS: Smallest Crop Since 1918 and Less Than Average Production' Predicted for -Winter Supply . EXTENSIVE DROUGHT IN FALL RESPONSIBLE Much ': Acreage Abandoned : and ttore Is Expected During This Year; WASHINGTON, April 9. Thli ; year's ' -winter -wheat crop was fcrecast today by the department of ! agriculture at 57J.317.000 bn&hehu. the smallest crop sine -1918 and 17,537,000. bushels less than the average production fof :- the last 10 yealx ":i.,t ; f The forecast was based on con. dltlons prevailing April 1 and up on 1 the assumption : of J average abandonment of acreage through . the winter and average influences from jovr until harrest, j No estimate was made of ajbanj. . doned acreage, which will be in dicated - in the - May crop report, but in - summarising - conditions , they existed April 1, ' the de 1 partaentr saJ4 Y abandonmsat promise to be heavy, although irregular from Ohio westward to Kansas and Nebraska. - Drought Responsible ? - Owing to the extensive drought or.; scanty rainfall last fall . and winter in many sectlonjy the de partment said, ''much wheat fail ed q germinate or'barely germin ating, perished from- the rigors ? of winter. In the plains area ex : tending from . western Nebraska through west. Kansas J Into the. re gie a of Oklahoma and I Texas,. co- -filllona are extremely ijoori rang , Ing from 50 per cent down, to ' complete, failure. ; These, condi tion" extend with lessening aer- erity - over; thedjacent area, ln eluding the southwestern halt, of Nebraska, the western half of Kansas, practlcallyiall of the Tex as panhandle, eastern New ' Mex- ko eastern Colorado and' south western Wyoming. In all of which territory the condition is below 65 . per cent," ? ' " . Js,;-. The acreage- sown to... winlet wheat last tall, wa about : 1500. 000 acres le than sown In the tall -jet ' -191. the. total having been $,069,000- acres for the year, compared with- 47,il.O0O acres for last year's crop. The abandoned acreage ; last " 'year mounted to almost 5,500,000 acres, and indications are that the abandonment this year will be more extensive. : . Kansai CTrop Sman J . ' This year's rye production was (forecast at 76,784.000 bushels, which 4s almost; 20,000,000. less than last year's record crop, the ' third largf t ever, grown. TOPEKA. Kas., April 9, Con ditions of the Kansas wheat crop, as reported April 1 Indicates a '' probable abandonment of 27 per cent of the 12,284,000 acrea sown, according to the monthly crop re- port Issued tonight by the Kansas bureau of the: United States de partmeqt of agriculture. , . The eroQ f rated at 4 per cent of normal, at compared with, 65 pet cent a year ago. fc - - The total afcreage sown Is ap proximately the same as last yeaf when the j abandonment was 20 per cent and a crop of 128,564,- ' 009 bushels was harvested. Hani Vho Tunneled to , ; Freedom Is Sentenced J OAKLAND, Cal., April 9. Frank 1 Dossier, said by the dis trict attorney here to be the J same person : who eeepeM 'from ' f the r Fort Doualss. I Utah. miliUry -In ternment lamp In -1918, while he was held there as a German spy, was given, ; an intermediate sen tence on a! burglary charge in the uperior court here today. Desselr tunneled 1S9 - feet to make nis escape at Tort Douglas. THE WEATHER OREGON: Tuesday Increaa-. Ing cloUdin-s west portion, . followed; by rain; fair east portion. , LOCAL. WEATHER , : ,. (Monday) ' ; Maximum temperature, 6.6. Minimum temperature, 35. -RlTer, 6.8. falling. Rainfall, none., Atmosphere, clear. Wind, norths " . 'it i;, 1 i ( i ' t -. .,- , - . . ,; MBOR OFFICE: HER Chamber of Commerce Takes Action to Relieve Situa tion Yhich Threatens to sage Sent Senator McNary Preparation Hade For Rousing Meeting at ML To relieve the labor shortage that it ,is feared will be felt in this, district during; the approaching harvest season, the directors of the Chamber of Commerce are" attempting to have the federal department of labor establish.immediate ly. a branch government employment bureau in Salem. fter a meeting of the board last night the following telegram was dispatched to United States Senator Charles L. McNary at Washington: ;,k .: .!-.. .iv. r::. i ..jV" r': ::f;-".:i "Salem district facing grave labor shortage in harvest ing coming fruit crop. The cooperation and help of the United States government is heeded. Please urgently re quest the department to establish at once a branch, govern ment employment bureau in Salem such as now enjoyed by Eugene, Yakima, etc. Wire us what additional action neces sary for, us to take. , ' Reverend DeHerdia : Makes Light of Spirit Picture, " ' Showing Deception NEW YORK, April 9.-Sir Co nan Doyle's ''spirit pictures" throngs of . shadowy gathering about the tomb'of a British "un known soldier" ; in ' Irfndon ; on Armistice day,' were derided today by. the Rer. C. M. DeHerdia, S. J-, no demonstrated , in the photo graphic department pf the - Evening-World, that fcer could" cause Similar phenomena' to appear on photographic plates without touch ing them . and without, any aid from the1 other world. ; Father DeHerdia, a Catholic priest at Mexico City, has made a long study of spiritualism as well as the tricks employed by stage magicians and sleight of hand per formers. ' " J , Describee Method He described his i method pf producing weird photographs as "trickery and dericel and spiritism not all because as between liv ing persons here on earth and the spirits that have passed from the body there is not and cannot be. a control from he living world." The. Evening World published two of Father Herd la's pictures upon which- figures had been super-imposed.'"'. r-: I y Three members of the newspa pers staff, who were present at the demonstration testified Father DeHerdia did not touch the plates and did not approach closer to them at any time than three feet. When he had finished his dem onstration he proved how : simple it aU was by whispering the secret to a staff photographer in the group who thereupon made some .l.lt" n.Vrw nnaMAit 7r ' ' On his way out. Father De Her- dia issued a challenge to the spir itualist exponents to produce any phenomena that he could noX du-' plicate, provided he was given "as much : time to nreoare as - theJ nave presnmaDiy aiiowea them selves.". . ! PROMISE OF S. P. LI! Change to be Made About April 15 Schedule Not P Yet Announced . A new. time card Is promised on the southern Pacific about April 13v Just what all it is to contain is not! at! present' made public, but It is understood there will bo no radical change. A nlld boom 1 passenger traf fic is expected this year as soon as the summer rates go into ef fect, ' The inquiry for ' rates Indicates- that there will be at least as many, people on the rails this year as ever f before; perhaps more. I There are many Oregonl ans who haven't visited the old home in the east for long time. This year they may take the long trek, and op ce more put their feet under father's Hospitable table back In The States, and fall to on one of mother's famous "din ners that have shone- nndimraed through; all the years since kid hood as . the supreme miracle of DOYLE CLA1IU1 SCOFFED i! raJIMEGHIS cookery.'.: . JaiE2 'MEED- BDAMpFJ' T?7 Become Dangerous Mej- AngeL f f t r r,ru-f:'i There Is likely to be a serious, perhaps almost a fatal shortage of labor In - the " Salem fruit' district' this season if efforts are hot made now to meet the shortage, according to the showing- made at the meetfag Monday night. ; ; ' Labor llaj or Program The club plans to make the la bor question ; it major program for this season's . activities.' ' A campaign is to he fnstltuited at once in all the pnbllc" schools; urging haV every child who can pick berries, be brought to! know the gravity of the need, and urged to'devofe the summer vacation' io service instead of to funf .This will be presented - with : the coop eration of' County School "Super intendent Mrs. Mary Fttlkersdo. The personal profit f that can come to the, children- who "will help in this time of need, kill be presented in ' attractive farm'. "AH Wanted at" Mt." Angel : ( ' 'AH the directors and as many of the members "as possible, 'are urg ed ttrrf attend the . county i federa tion meeting at MTti Ange April 25. That Is "pouto dar"tand It Is ta be made a big event I In ' the history o( the federation: '.Gover nor '' Pierce Is5 to - speak, and ex perts , from O AC are to v be there to talk every helpfal thing that the college can give : on potato growing and care. The club Is sending oat '1000 " circular letters to potato growers' of ;the valley urging utm 10 anena.' . j ? Will ' Publish Slembers ' i The board, authorlied the pub lication, of the classified llBt of club members in fhe Salem news papWs, and- will uge that ) good Salemltes- keep these lists for ref erence and remember - who- does and who does not help carry the community load. ' , ; A?,!proposal for -' a private Fourth of July' celebration con cession to be held: at the fair grounds was considered and wHl be Investigated later. N S ; f r It will call for auto racing,' air planes, daylight fireworks,; horse, racing, and various other attrac- - Tons be is j . - d s - - s .... - KILLED IB HOI Self Defense Is tfea : Put Up By Killer Dying State- ment Disproves . SALT LAKE CITY, April 9. Benjamin F. Ballantyne, aged 35. son-in-law of John F. Browning of Ogden, IUtah,' noted gun inrentor. was shot and fatally ? wounded at his home here late today. Mariner A. Browning of Ogden was held by the police in connection ' wJtb the shooting. ;- , y 7 .- Ballantyne. who until recently was a bank teller, died in a boa piUl tonight. : . ? t 'A : H Questioned by the police, 'John Browning, a brother-in-law of Ballantyne, wno also was detained at the city Jail pending Jthe investi gation of the shooting, said that Mariner) Browning, his cousin; shot Ballantyne in self-defense, the po lice announced. ';:':: r Browning, according to the po lice, wap in the iJalltntyne home when the shooting occurred.. Others present at the time, the police said,; were Mrs. Ballantyne and W. H. Reeder, Jr., anOgden attorney, it-' f In a deathbed statement tb City Physician John, J. Celllgan. Bal lantyne said that he was unarmed at the time of the shooting, ac cording to the police., ! - . . The two Brownings and Mr. Reeder came . to Salt Lake City yesterday and went to the Saltan tyne home late today, the police said.- 1 - . ' - THANK YOU SLOGAN AT , THIS STORE . :. . , . ; : I. Otherwise, Smokes are on the House Effect U Good Business t pr Vendor- . Here's a lesson In courtesy that hangs in card ..form over (the coun ter of a Salem store one of the Salem stage Terminal stores: f "If we fall ta thank you, the smokes are on us." X: i Busy, tired people! come in the re asking for . information. Tnv would almoBt swear, or kick.' in!'a showcase for pure cussed ness and irritation;, dog-gone these, people' that sit. behind counters and loll around while other; folks tre. tired out and nerve-frazsled. They ask for information almost as a high wayman'asks for money. But this motto greets them. .The effect is like , potirlns . oil oua squeaky beaririff, like pouring milk in the trough for a squetliug, hun gry pig; like water for. a parched and thirsty crop. N? Men smile In, shamefaced little smile, and sneak their temper back into their pock ets;' women' smile ; little1 teary smiles, for that's a new note In all their travels, and it's as grateful as Christmas or Easter for it Is pf the same beautiful spirit! ,7; j Not everybody buys, a ; cigar; some don't smoke at all, and some 7 C Continued oft. page' 9 ) Populace of Italy Rejoice When Royalty are Mar in Palace at Rome ROME April 9. (By The As soclated' Press. - Yolanda. ylTa cious and . beautiful- princess ' fl the house of . Savoyi today Xrb& came the bride. of Cou nt Carlo Catvi. d! Bergolo, cavalry captain and. .World -war jhero. T"' -" f , j : King. 7 Victor Emmanuel arid Queen Helena, ; with' moistened eyes, saw-their 21 year old daifttt ter united : with the man of - her choice in two; ceremonies, : both held witbja the historic quirtaal palace. . , .v i " The civil ceremony va at 10:J0 in the morning in the gran d hall of the palace, with Signor Tittoni officiating, as civil ofificer of the crown. The - reli gious, ceremony followed shortly in the Pauline, chapel. . , ' The weddln& was 4 a cause for, popular rejoicing. , . . T . ' ' i . . ' . . Crowds Enthusiastic ' When Prineess Yolanda appear ed on the . balcony of the palace, leaning! cn the arm of her hus band, (here was an jenthutlastic demonstration :jbtm the thous ands' gathered in the square be low. The tumult continuing', the king and. queen and other' mem bers . of the royal family showed themselves and remained for. 10 minnteaf during which the cheer ing continued unabated.; . , . ' , Signor Tittoni presented . Yo- landa with the golden pen set with "rub es and dJamQndj?,wltb which the . marriage contract was signed.: " Premier; Mussolini was presented by the bride withan autographed otosaph. ', 1 Sixty-four other couples were married today n Rome, and to each Princess Yolanda sent a. gift a box of 7 weddlns sweets onthe cover of which ap- Lpeared heir portrait and that of Count Caifu The Whole was 'w with a trl-color ribbon, bearing a sliver medal on which appear- ed the Savoy and Calvi -coats of arms. . Or 'I Aaeti Veteran Admits . , fj h HC& uumy ot roiygamy PORTLAND, Oro:, April 9.1 - - - - - . . Capttln J: B. Wetherall 'of Baker. Ore., - retired army officer, ,aged 78, ientered : a plea of .guilty of poligamy this: afternoon before Circuit i Judge Hewitt who 'said sentence would be Imposed tomor row. Captain Wetherall admitted he had married Lillian Bowles of Portltnd In. 1914 while he had a wife at' Baker, Mrs." Cora Henry Wetherall who he had married' in 1902J , i ROAD BLOCKADED PETOSKEY, Mich., April 9,- The -"ptoskey-Hnrbor .'i Springs branch of the .Pennsylvania' rail road was blockaded with Ice and snow" of the week end storm to day. The ' only traffic possible In this region was by horse draWh vehicle. I ! p!B!lp LAD'S DEATH ' ' IN CON CAMP TO BE PROBED Brutal Murder of Adventure- oua Youngster to be 'In vestigated by Committee TALLA HASSEE, Fla., April 9. The Joint legislative committee which ; will investigate the death cf Martin Tabert of- North Dakota who met death under alleged bru tal I circumstances at a private convict camp "to this state; j was definitely set today 'with the Up pointment of members of both houses to serve on it. ? 7 I At tha same time the house ie solved. to instruct the committee to'' exhume Tabert's body,, glvd! it a "decent suft' of clothes, decent coTfin and a decent .burial at the expense of ' the state jot Florida." Affidavits fathered by North Dakota j officials l charged - that after being maltreated the young ster's ; body was dressed in 1 the clothing of an escaped negro con vict,! placed ' In the ordinary box and stuck In the grou nd. ' , I ' Tabert; it is contended, was an adventurous youngster, of good family,: Out to see the world. He was arrested for riding a reight train la tbH county and. it, is charged, was tried 1 at night and sent; to the convict ': lumber camp, where, he lost his HfB. ;; ! STOHSflYS Father Grace; Wanted -on Charge of Forging Llqu r or Permits, Surrenders i DENVER, Colo.fc April 9. Father Walter Grace,: former pas tor of; the Shrine of St. Anne at Arvada, sought by federal author ltles tn connection with the ('al leged forgery of whisky permits, walked Into the office of , United States Marshal William A. Dol lison shortly after 4 o'clock this afternoon and surrendered to the authorities, t V' ? A search which bacame nation wide began several .weeks ago .af ter the' issnance of a warrant for the arrest of - Father Grace, j ' Shortly after surrendering,! he was v" arjraigned .DeioTe iunjtea States District Attorney Oranby Hillyer, and admitted to bail in the1 sum of !$2500- . The bond was made returnable June 15. Saya Not Guilty ' Father Grace waited 15 min utes In an ante room or a chance to surrender."- -. . : ; He ' Identified htmseK jto the authorities with the simple j announcement:;-.: 7:- J-7 v 7 W r I am Father Grace. I believe yon want to see me. Y When he was arraigned before United States Comm lssio ner . Rob ert E. Foote and the warrant for his -arrest read tp him, he ' an swered in a low voice: "Not guilty." . - 1 .i "I went from Denver to Wash ington thence to Baltimore, from there n to Philadelphia and then to Harrisburg,! he. told newspa permen: 'In each of these places I had matters of great personal interest, to attend ta and spent some days ;in each. t ; 3 II Claims No Knowledge .:: Itt J explaining the telegrato which he had sent to Granby Hill yer. ' United States district attorr ney to the effect that he had ! lost heard of the charges against i him and desired a few days In whleh to transact personal business, Father Grace declared ;; that . he had i despatched the message im- i ( Continued on page 6) Silver.Falls Timber Company .' Men are Attacked by I ' s - Affliction V. i 8ILVERTON. i Or..- April 9- f Special a to t The " Statesman. ) Silver Falls Timber company camp: No. 6 is 'under quarantine for smallpox. . Tbjitf ;canrs,- to gether with two ' other camps! re cently started operations and arc now sending 70 'carloads of logs to Silverton dailr. - This Is . 10 carloads 7 less than was ' sent last summer during the husy season It Is expected: that the output from the camps this year-will be far more than that of lastl yeari The mill has begun to run two shifts agatn: i ;IW he night shift wa laid off for i about . three months X . :-;. 4 vt'i ;r T. ' -iir i i, ' " during the winter. 1 . ' '. ii T0 SSble Greater Activity in politics and i j More Efficiency n World "Government Asked by Professor r PUNITIVE EXPEDITIONS FORECAST FOR FUTURE Convention Proper to Open Today Masculine Dom ination Scoffed DES MOINES, la., April 9. (By The ! Associated Press.) At conferences! of eight departments of National League Women Voters here this j afternoon, women weie urged to ! lend ; their cooperation in the prevention of war, to take an active; part in politics and. to exert their Influence in the bring ing about of greater, efficiency In world government. ; . i While the conferences on' such topics as child welfare, education. women industry and others, were well attended, the conference on International cooperation to pre vent wars-and, the one on effici ency In government were the head- liners. i , ' ', g -. Professor Edward M. Earle of Columbia ; university. New York, told the!: .women delegates that while no waV is imminent as a re sult of. economic relations abroad, he said there was a prospect of a long line ot punitive expedi tions., ; Advocate Study These : expeditions, he said, would be forced upon this . coun try Unless ' there is a speedy de parture from the present - formu la;, of 7 the government's military obligation .. to, protect the "Ameri can ' dollar when it ventures abroad. !- ' ' .'-' ' r r Professor Earle's speech dis agreed In some respects vith th e one delivered by Fred J. Libby of Washington, secretary of the na tional council to prevent war, who declared that the United States Js preparing for war. f 7 Lent D. Upson, director of the Detroit bureau of government. Dr. Charles E. Merriam of Chicago; W. E. Mesher of New .Yorkirnd Raymond Moleyv of Cleveland, were speakers - before efficiency in government department.. ' They urged the' women to study the sys tem i of government in vogue and to take ft hand In. bringing about a more efficient system.' ' , ; 'Py 7 Convention Today. " Congressional J adjournment without submission of a child la-, bor prohibitory amendment to the federal constitution is. an evidence of traditional injustice to women resulting from masculine domina tion of the courts, Mrs. Florence Kelly, secretary of the National Consumers' League, said In an ad dress before the child welfare' con ference. Resolutions tS be acted upon by the convention are ex pected to include one urging prep aration' for the enactment of sacb a child; law - amendment to the constitution. i 7 ; ' - Closed sessions were held by the committees tonight; at which sug gestions made at tht afternoon conferences and league plans fox the, coming year Will - be ftnatly drafted ' for ; presentation1 ' to the 600 delegates' here for the con- re fit Ion- Thursday morning. The convention proper will open tomor row morning. 7 . . Packard Plant Is Swept': V, Bv Disastrous B aze f BIRMINGHAM; Ala., April 9. --FIre of unknown cause,' origin ateingr in the vulcanizing : room this afternoon swept, the building of - the Birmingham-Packard mo tor company, injuring three em ployes and twjo firemen, destroy ing about 100 automobiles and a large stock of repair parts and equipment, causing total -damages which will approximate $330,000 according to - estimate Qf. com pany officials. RAIDS NET SIXTEEN : WASHINGTON, , April 9. Two raids were made here tonight by police ' and department 'dt justice agents in a roundup of alleged radicals. Sixteen j persons : were taken to police headquarters for questioning. ' , ' , , NO TROUBLE FEARED ' EUREKA SPRINGS. Ark., April 9.r-!-Reportt teat oat from here today stating further trouble along the, Missouri and North Arkansas railroad system is feared, were de nied tonight by city and county authorities, 4 . - ANOTHER.NEW WORLD RECORD FOR DANCING Fifty Honrs . Is the Latest TimeMiss Cummings Re ' sents Losing Old Claim NEW YORK, April 9" With a Texas whoop, Miss Alma Cum mings -1 shook : her worn ' slippers f from her feet tonight and did a barefooted pirouette on the ' floor of an uptown dance hall and ths wa 8 created formally, ' ' a 7 new world's" record vof I; 50 hours' con tinuous i dncIug.,;-'k-'"r;v.:.VV''; ' 31 Iss ' Cummi ngs Is the San An tonlo girl . wh.o resented the break ing, of her world's record for continuous dancing last week by a, pair who went six more hours than her. 2 7. She started off on a new attempt at 7: 1.0 last Sat urday . e venih g. ; - 7:7:7v At 9:30 this evening she fin ished her stepping..' v , ; . ) ' She said, she was not tired. She f used i up thV. energy' of two orchestras and seven men. part ners.? 'Some grape fruit, tomato soup and peanuts were her "only food. '1.:7j-i . - ; ; She 7 would: have gone fceyond the 50 - mark, ; Miss Cummings said, 'except that her head, began to ache because she was exposed to strong sunlight for three hours this afterrioon. During the last six' hours ice-cold towels were applied; to ! her head Her' em ployer presented her . with a silver loving cup. v 7- 7 , ... i .. . Unitarian . Building, Suffers $4500 Loss by Fire Yes- . terday Afternoon Fire which, oroke - out ;itt" the basement ' of the r Unitarian church, r Cbemeketa and '' Cottage, about 1: 45 yesterday- afternoon and 1 whlch'f was ' not . discovered until smoke was seei' pouring out of one of - the : upper? windows, eaused . an estimated - damage of $4600 -before U was brought -nn- der tbntrol,' and completely "gut ted the living quarters occupied by ' the Rer. ': and Mrs. . Marten Fereshetian' in the basement. The ' blaz9 ta thdught to', have started from a? defective pipe. ' A general alarm was sent in by pas- sersby-7 shortly before 2 -. o'clock. The fact that no one 'was- in the building st . the' time, allowed hte fire to gain Impetus. 7,-'u 7 ' -, Some i Furniture Saved. Vf -Willing hands in the . crowd which congregated succeeded , in saving several, chairs and a sew ing machine from the burning basement; - otherwise the.' entire contents, - which 1 acluded a -valuable piano, wer lost-. , Due to the nature of the fire which filled the basement " end upper ." story with a dense cloud of hot smoke, fire-fighting was rendered diffi cult. '- Quick and thorough work on the part of the local depart ment, 7'.-- however, " prevented' the blaze from spreading; to the upper part of the church. ; 7 f ! A total of $3000 Insurance was carried on the. building and f 1 ,- 500 i on . the contents, according to C. S; Hamilton, church trustee, fully covering the loss. ; Minister' Abeent. -".7':.'-- . Rev.' Mr." Fereshetian' knew nothing of the fire until Informed by the Chamber of Commerce. Mrs. Fereshetian was attenaing Willamette university . at the time.! They will make their home with j" friends fof the present. Rev. Mrj Fereshetian " has . occu pied j the pulpit at the; Unitarian church . for the pst two years i BY CAR EMPLOYES Street Railway: Men DJstrib i ute Their Part for Sloat '' Apprehension An echo of the dead, almost as dead as King Tut and his mum mied' memory,' tame to Salem during the past week. It is from the Sloat ! case that had all Sa lem aroused a little more than a year ago.-r " -7 : ":. i 7-;"; :,'7;?: ' ' On April 4, the street car em ployes, who had offered $100; as their part of a reward to oe. paid on the apprehension of the man who assaulted two little girls ot IS DIKED (Continued on page 6). HELD l!":7i.in - Jin;; -' ' " j .' Supreme , j Court 'Dec:.-:..: Minimum Wage Act to ! : Unconstitutionai Vc : . Five to Three : RIGHT OF CONTRACT forms Four;DATi::: Lavy l Said; to Have I: Based cn?" Opinicna c : Advisory Boards ; ; WASHINGTON. April f . Wages cannot be fixed by under the ctinsUtutioa as It r. stands,' the supreme court, !,:: In'g five to three, held today i a ease, brought to test the cc - tutlonalitr of an act of on: flxing minimum wages for wo and minor girls in the District c : Columbia. - . ' ... v.; ' The decision was delivert 1 1 Justlce Sutherland, Justice j Kenna, Van Devanter, ircH -olds and Butler Joining with h: . Chief Justice Taft delivered a C: - sentlng opinion for himself t I Justice Sanford, ' wklla Jk" Holmes read a dissentlcs or!r ! Which followed in its main i -tares that.of Chie? Justlcs Ta!t. Justice Brandies ; did not parti ' pate in the decision. "The majority based its poiH:. -broadly upon the right cf ccn tracti insisting that while U j could he enforced to re :t working conditions, the er.:, 1:: and the employe must ba frea t legal restraint. In determir.Irs t tween themselves what w?;:3 c acceptable. , Contract Freedom Lost The- minority . coritend. .1 f. 1 there f was v:no 7 greater pollr r power in congress and the : legislatures to regnlato worl.i. conditions than to regulate -wans! and that as there had been wi M uniformity in holding that wcrk ing conditions could be pr scribed by law-making bodies, n followed in their Judgment, tliel wages also wefB a proper sutj::i for legislation i Justice Sutherland pointed, out in the majority opinion that the minimum wage law. was "attackc ! upon the ground that It author izes: an unconstltptlonal .interfer ence With the' freedom of contract included within' the guar.mte3 r ! the due, process clause ot the fifth amendment." The right to con tract "about one's affairs," fc? stated, "Is a part of the liberty to be protected by this clauso." This fact he asserted, was " t- tled by the decisions of this court and is.no longer open to ques tion." ' : " iNo ' Hours Prescribed. . fit has nothing to do," ha said, "with the character, meth ods Or periods of wags payments. It does not prescribe hours of la bor or conditions under wlu-h labor is to be done. It la not for the protection ' of persons xmde legal disability or for the preven tion -of fraud. It' is simply ar.i exclusively a price-fLxlng law, Confined t adult women (for we are not now considering the pro vision relating to minors) who are legally as capable of contract ing for themselves as men." The majority opinion criticize I the law j ion j the gronnd that th) "price fixed by the board (set up to administer Its provisions) nee i have no, relation' to the capacity or earning, power of the 'employe, the number; of hours which may happen r to . constitute a ' day's work; the character of the plac where the work Is to be done, or the circumstances or surround ings, of the employment."' "It is based wholly," the opin ion added. on theffipinlon of tl a members, of the ( board and tLHr advisers perhaps an average cf their opinions, if. they do not precisely agree as t what win be necessary to provide a living for a woman, keep her In health and preserve her moral3." . Justice Sutherland said he wa? not willing- to, concede, that tha wages a woman received had any direct bearing upon "her morals. "What is sufficient to supply the necessary cost of living for & woman worker and maintain hi r in good health and protect I morals'., he added. "Is obviouf ' ' not a precise or unvarying san not even approximately so." The law was defective, ho sr ' , In . that It took Into account t necessities of only one party t the' contract, lgmorlns 4.h t. slty of the employer, who i j ; Mblted by the act frcn t !J I (Continue;! ci it; c.-.