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PRESIDENT :WllSON EXPECTED TO re vm STA TE OF WAR .WIH QF.IRMA NY RV TOMORRO W NIGHT TUAL . - HMDS ID EMPLOY i E SUBJECT Supreme Court, Holding Adamson Law. Constitutional and Enforce able in Every Feature, Says Law-Making Body- Has All Power Necessary to Keep Open Channels of Interstate Commerce and to Compulsorily Arbitrate Disputes. N PERMANENT 8-HOUR BASIC DAT STANDARD FIXED - - V . , ) Epochal Decision is Regarded, as Largely Supplanting Agreement ' Which Averted Railroad Strike and Removing for All Time Prob ability of Future Transportation Paralysis Court Divided, Five to Four, the Latter Rendering Various Opinions. i Washington, March 19. -In an epochal decision holding Congress to be clothed with any and all power necessary to keep open the chan nels of interstate commerce, the Supreme Court today, dividing five to four, sustained the Adamson law as constitutional and enforceable in every feature. - 1 J v . The immediate effect of the decision will be to fix a permanent i eiglithour basic day in computing wage scales on interstate' railroads, for which a Nationwide strike twice has been threatened, and to.give, effective January 1, this year increases in wages to trainmen of about 25 per cent, at a cost to railroads estimated 'from $40,000,000 to $50, 000,000 a year. - ' v " ' " , V : ' i Public Interest Uppermost. ' ,, ' , , . The court, througn Chief : Justice ri&hf to h&v2 interstate commerce un- White,' declared both carriers and .their employees, engaged in a;: business charged withf a public interest sub ject to the right of Congress to com pulsorily arbitrate a dispute affecting the operating of that business.' "Whatever would be right of an em ployee engaged in private business to demand such wages as he desires, to leave the employment if he does not get them and by concert of action to agree with others to leave on the same condition," said" the opinion, - 'such rights are necessarily subject to limi tation when employment is accepted in a business charged with a public in terest and as to which the power to regulate commerce by Congress applies and the resulting right to fix, in case of disagreement and dispute a standard of wages as we have seen necessarily ob tained." " National " Emergency. - t In delivering the opinion, the1 Chief Justice departed at this point of his reading of the text to emphasize the Position of men operating trains in a "me of national emergency by com paring the mto soldiers facing an enemy. Coming on the heels of the conces sion of the eight-hour basic day by "e broads at New York to avert the weatened strike, today's decision is "Saraed as largely supplanting that agreement and also removing for all '.me, through the broadest interpret li ? vf Con&ressional authority out "nea by the court, the probability of uture transportation paralysis. Joining in with the Chief Justice in wstiinmg ths law, were Justices Mc enna and Holmes his immediate in point of service and Jws Wq8 rndeis an Clarke, junior memr y. dissenting for various reasons Pit? Justlces Day, Van Devanter, "ey and'McReynolds." e majority upheld the public Majority Opinion of the U, S. Supreme Court in the Adamson Law Test Case jashington, March 19. The major ' opinion as delivered by Chief Jus C; Wh"e follows in part: : . - Was there power in Congress under "IC circumstances existing . to deal Tlth the hi lours of work and wages of i-oad empl, loyes engaged In interstate commerce is the principal Question here to be COnsirtArAfl ' Its solution as well as that of other Wions which also arise will be clarl- fie"l by a h.i. . . :, - oiaiemem oi ine conai- uuns out of which the . controversy arose. 'Two systems controlled in. March. 1518, P'oyes- wages oi ranroaa em- of . ' :, ne. an eight-hour standard wrk and for wages with additional pay pB. "Ver-time,. governing on about 15 sta'f 'fnt of railroads, the other a be Z "iueaee task of 100 miles to extra 0rmed durinS ten hours with about i-y for any excess, in force on o Per cent of the roads. . ' emnin orf?anizations representing 'the ma'ip I f the ra,lroads In that month ers t)a formal demand on the employ- to all engaged in the '""VPi-nont 4 . of trains exceDt passenger 11 am fjoi.. " Juiie iasK ue. HJteu lur .i hf)urs, provided that It was not 011S as to lower wages and provided ES TO CONGRESS interrupted . as a basic principle para mount .to interests ,ojt the railroads 'r their operatives both declared to be in -. public' service and" subject to the Supreme, unrestricted power of Con gress to take any action necessary to maintain freedom and uninterruption of interstate-commerce. Either as a law fixing wages or hours of labor, the court decided Congress has author ity to enact the Adamson statute. It" also declared that the Adamson act is neither unworkable, confiscatory, experimental nor in excess of congres sional railroad regulatory, authority, but in. effect, was compulsory arbitra tion, a power which it (Congres's) .un doubtedly possessed" and "inevitably resulted from its authority to protect interstate commerce in dealing with a situation like that before it" Dissenting Opinions. . .-- Concurring in the main principles enunciated by the majority, Justice McKenna expressed the opinion that the law is an hours of service and not a wage-fixing statute. He also sug gested increase of railroad revenue probably would be provided if wage increases resulted. The; dissenting opinions Justices Day and McReynolds delivering "indi vidual, views and Justices Pitney and Van Devanter joining In one announce ment variously asserted , that the Adamson act is void because it is beT yond constitutional powers of Con gress; because it takes railroad prop erty without due process of law, or be cause it is not an hours of labor stat ute nr a . legitimate refutation of commerce. 'in justices Pitney- and Van Devanter denied that Congress has power, to fix wages of common carriers' employees - a- power upheld by the majority. Justice Day did not admit or . deny such power, dissenting because, he said, "the law illegally takes railtoad reve nues and gives them to the trainmen (Continued on Page - Tvro) that an extra allowance for overtime, calculated by the minute at one and one-half time the rate of the regular hours', service, be established. ."The demand made this standard ob ligatory on the railroads, but optional on the employes, as it left the right to the employes to retain their existing system on any particular 'road if they elected to do so. The terms of the de mand; were as follows, except the one Which reserved the option, which is in the margin, and others making 'Arti cle I applicable to yard and switching artA fonntllner servifie 'Article I (a), in all road service 1 00. jniles or less, eight hours or less will constitute a day except in , passenger service. Miles in excess of 100 wil be paid for at the same rate per mile. On runs of 100 miles or less. overtime will begin at the expiration of eight hours. 4 "(c) On runs of over lt)0 miles, overtime will begin when the time on duty exceeds the miles run divided. Dy;l 12 1-2 .miles per hour. "(d) ,All overtime to be computed on the minute basis and paid for at time and one-half times the pro rata ra("e) , No one shall receive :iess for eight hours or 100 miles than they now receive for a minimuhi day or 100 miles C6ntinued on Page Two) EXPECTS ftiiiCE RAILROAD WORLD FORI LONG .TIME Brotherhoods' Spokesman Says Question of Punitive Overtime Will Not be Brought Up Now. LONG CONTROVERSY ENDED Only Question Unsettled is How Much Back Pay the Employ ees Are Entitled to Now. New York, March 19. With the Nation-wide strike averted and the Ad amson act declared constitutional, the controversy that has raged between the railroads and their employes for nearly a year over the question of hours and wages today passed Into history. Appealed to by the President's me diators to yield on the grounds of pat riotism to the demands of the employes, the railroads just before day break to day consented, to an agreement where- Dasic work day and pro rata pay for overtime, the same as that provided by the Adamson law. v ' All that remains is to decide how much .back pay the employes are enti tled to, inasmuch as the agreement signed by both sides and' the Adamson law" provide that the operation of the new wage and hour, schedule shall be retroactive beginning .January"; I. The brotherhoods, .and . the railroad man agers will get together on this matter tomorrow to decide how it will be com puted. It .is estimated the employes have between 512,000,000' and $23,000, 000 coming to Tthem. ' ' The brotherhood chiefs were in a happy mood today as . they dispatched their code' telegrams -calling, off the strike. They had not won all they had asked from the railroads 'when they first presented, their demands on March 30, 1916, having lost the time, and a half for over-time feature, but they had se cured what they agreed ; to take last August, when they accepted' the Adam son law's provisions and which the railroads fought in the courts: W. G. Lee, spokesman for the broth erhoods, made it plain today that he 1 1 . .1 M . 1 .1 , r, . . . , . , . , was any- intention . to bring up in the conference tomorrow the question of punitive" overtime, Mr.' Lee said: "That will not . be. brought up . now. We believe that overtime can largely be done away with! by speeding" up the schedules." ;r . '4 I Franklin K.; "Lane, Secretary of the Interior; Wm. B.. "Wilsh. Secretary of Labor; Daniel Willard and Samuel Gompers, the mediators of the Council of Natipnal Defense, who" brought the controversy to an end after 48 hours of almost incessant effort, returned to Washington this afternoon. Mr. Lane, in a statement expressing the satisfac tion of his committee over the outcome, praised the railroad managers "for their high sense of obligation and their unwillingness to permit any embarrass ment to the country at this time of ex treme strain." ED COFFEY, OF BOONE, MAY BE GIVEN GOOD FEDERAL JOB Rumor Also That Col. "Aug" Watts May be. Returned to Washington. ' (Special Star Telegram.) Washington, D. C, March 19. It is understood .here tonight that E. F. Coffey, of Boone, is to be appointed Sin-Attorney for the Federal Shipping Board. Mr. Coffey has been recom mended bjf Senator Overman, and Rep resentative . Doughton. While at ! the Department , today, it is understood Attorney General Gregory told Senator Overman that Mr. Coffey would be given the place. The position . pays $2,500 a year with a liberal expense account and the appointee will be . pro moted in a short time if he makes good. .' .''.; ' 1 - J . There is a rumor around the Capitol that Joe Taylor, clerk to the Finance Committee, is to be succeeded in the near future by Colonel A, D. Watts or some one else who is :in ploser tauch with the friends and affairs of Senator Simmons. It has been known for some time that Sena torSimmohs has seri ously missed the services of Colonel Watts Had, the slate so carefully prepared. last summer, which would , have made the. collector of internal. revenue at Ra leifh district attorney, " gone through. Col. Watts would ' have been brought back to Washington as : clerk to the FInanec committee. But the slate was broken, as was also the ambition of the Raleigh collector to be promoted to a . more dignified position as the Department? of Justice representative in the Eastern district of North Carolina. "Whether Senator Simmons intends now to. dis place Mr. Taylor with Colonel ; Watts is not definitely known.; , Itt is; a"fact, however, that the seniorsenator misses the -valuable services -rendered 1 in' the past by Colonel Watts. TO SPEED UP NAVAL COHSTICIIlAi BUY A01IRIS Wilson Authorizes Navy Depart ment to Spend $115,000,000 Get ting Ready for AJbtion. EMERGENCY IS RECOGNIZED New York Navy Yard Ordered to Begin Building 60 Submarine Chasers of 110-Foot Type.' Washington, March 19. Preparation for aggressive action by the ' navy against the Germfn submarine menace began today at the direction of Presi dent Wilson. The! President authorized the expenditure of $115,000,000 emer gency fund provided by Congress to speed up naval construction and pay for special additional war "craft, and the suspension of; the eightrhour labor law in plants engaged on navy work. Immediately afterward, Secretary Daniels ordered the New York, navy yard to begin building sixty submarine chasers of the 110 foot type, to be com pleted in from sixty to eighty days. With the President's approval, the Secretary also ordered the graduation of the first and second classes at the naval academy, "the first class will go out on March 29.1, releasing 172 junior officers to fill existing' vacancies, and the second in September, 'finishing.; 202 more a full year before they otherwise While the energies of the navy will be concentrated for the present on efforts to get in Commission craft de signed -particularly to destroy sub marines and guard the coast, warship building generally will- be speeded up under the recent agreement with pri vate builders and! with the funds now made available The announcements from the depart- ment followed. a brief conference be tween Secretary Daniels and the Presi-, dent, who talked over from the White House to the State, War and Navy building for the purpose. Coast Patrol Boats. Engines for the "chasers" to be turned out by the New York, plant vMll be bougt from private manufacturers tin time to have them installed prompt- ly upon completion-or trie nulls. Bids for 20f or more additional craft of the and there were a few corpses of Ger same ype, "coast patrol boats," as they j man soldiers, who evidently had been are to be designated, will be opened i killed while acting as rear guards. nextWednesday. A large number of privately owned mo tor craft available for navy use may be drawn upon at any time. Retired navy; officers have been at work along the entire Atlantic -coast surveying boats for a month, and a telegraphic order will make ij them government property over night- Navy officials estimate that within fourmonths a fleet of 2,000 patrols and chasers will be ready for action. It is planned to assemble the volunteers within a few. days, to begin actual op erations as a matter" of training, pend ing orders from the President for com plete mobilization l of the navy. In (Continued on Page Ten). ISME WILL BE DEMOBILIZED Order of Suspension Rescinded by War Department. Order Interrupting Mustering Out Sup- .. . . posed to Have Been Issued in Con-, templation of Trouble Result- ; -ing From Strike. Washington, March 19. War Depart ment officials today rescinded an order under which demobilization of many National Guard units- home : f rom the border had been interrupted with -., the apparert purpose of holding the troops in rradiness for. any necessary duty in case . ; a Nation-wide railway strike. Until tonight. the existence of the or der Miad been deified at the department and- in finally , confirming that it , had been issued officials 'declined to reveal its purpose. Secretary Baker said, how ever, that it had nothing to do with the international situation. It was learned later that it was sent out late Saturday night when the' administration is known to have had under consideration the use, of the state troops . to guard food and mail trains The rescinding order was telegraph ed .to all department commanders early today. , - NATIONAL ADVANCE ONE I 1ST SIGNIFICANT SINCE WAR BEGAN Immense Tract of Territory Re-1 Conquered by French Travers ed by A. P. Correspondent. INHABITANTS OVERJOYED They Declare "Americans Have! Kept Us Alive ; Otherwise, We. Would Have Died of Hunger." (From a Staff Correspondent of the Associated Press at the French Front in France.) '"' . - . Sunday, March IS. (via Paris, March 19.) The French troops made one of the most signficant advances, since ;the beginning of the war yester day and today. Along a sixty-kilometre; front some hundreds of square kilometers re-fell into the hands of the French, while i the ' Germans' retreating jnovement gave no evidences of coming to a- halt. - '; terTrUoryTa?tv I respondent for The -Associated Press, ! who found the inhabitants in many J places, where they- were allowed to re- iiia.ui oy me uermans, leariuiiy joyous at the re-appearance of their fellow countrymen coming in as victors. Among the first words from the wo men and children," who had been for 32 I mpnxns in ine nanas 01 tne uernmns. were N expressions of gratitude s to Americal " Aww'tnSve' f 1 otherwise we would have died Of hunger." Express Themselves Freely. , . This was absolutely spontaneous,, the stricken people not being aware that an American correspondent was present. . ; - ' " " ' These people are the first in n or th- ' fastn prance to have anopportunity to give free expressions of their feel ingS and their appreciation of the American effort in their behaif is 'an example of the general sentiment in the districts. Evidences of a German hasty depar ture are visible everywhere, "especially in the villages and towns in the shape j of houses blown to fragments by the ( explosion of incendiary bombs. In the distance burning villages showed that the retreat was still progressing. Here .Former German positions are just heaps of scattered wire entanalenlents and the trenches are hal,f filled with water. ; . make it possible to man quickly all Supply columns are proceeding in ships of the navy. -every direction following the "French j The question was also taken up of pursuing1 troops who keep close on the ! getting into communication informally heels of the retreating Germans,; not j with Great Britain and France to dis allowing them a moment's .respite. i Every House Damaged. The Associated Press, correspondent entered the area re-conquered at Lassigny which suffered badly, not a the inhabitants at the, almost: incredible sight of French soldiers entering a iu w ii wiinin an nour arxer tne uermans departed - on .Saturday afternoon wa3 extrordinary, every passing Frenchman or ally being embraced. The corres pondent spoke with many women who declared that they owed their own lives as well as those of their children, to American relief in" the occupied territory. At Malmaison farm the Germans evi dently opposed with some considerable' resistance the French advance, the ground about being pierced with shell holes like a j sieve. Further along in the villages of Candor and Lagny many women and children, still remained, the I rapid retirement not permitting the ueriiiaua lu uai . y Liieiu on. w 1 tri me mayor, the assistant mayor and other officials. They asserted that every thing they grew in their gardens was requisitioned by the Germans and 'the sole means of sustaining life was the food distributed by the Americans. Every month the mayors or other vil lage functionaries were called together where the American representative gave-out supplies and life was sustain ed simply by this means. ? " Children Carried Away. ,' At Candor nearly 200 women and children were left in German hands at the beginning of the war. The young men and girls were all married off to Germany, their parents even now. being ignorant of their : whereabouts. Those remaining were compelled -to do all kinds of work without payment and when for religious reasons they ref us: ed to work on Sunday they were fined. Even boys oyer 13 years o fage assert that they were driven often under fire to dig ditches or small trenches for military telephone wires. All schools hod been closed-since the German , oc cupation. " - - . ' -' - The inhabitants assert that the Ger man soldiers told them weeks, ago' that they were about '" to retreat, as they were not able to withstand the constant attacks from the Entente allies on all parts. of .the line and further that they were suffering : from "a shortage of food supplies.' 5 iTChese,, statements confirm Information that new "military works (Continued .on' Page Ten). 1 .---- - v ........... T EH! IERICIS, LOST WITH SHIP Report on Sinking of the Vigilancia, Sunk Without Warning by Ger man Submarine, Adds, If Possible, to the Already Grave View of Situation in Washington -Whether Wilson Will Hasten Extra. Session of Congress Not Known Last Night. NO DFFIG1AL PflETEH D5 TO KNOW HIS PRESEHTPLAHS New Developments Expected to be Canvassed at Today's Meeting of Cabinet Preparation for Aggressive Action to Protect Ameri can Rights is Begun Co-Operation With Great Britain and France in Protecting Merchantmen is Discussed. Washington, March 19. President Wilson is expected within the next 4$ hours to indicate definitely that he believes a virtual state of war exists between the United States and Germany. . News received fro'm Plymouth that 15 men, some of them Ameri cans, had been drowned when the American merchantman Vigilancia was sunk without warning by a German submarine, added, if possible, to the already grave view 01 the destruction of the Vigilancia, the May Hasten Extra Session. . Whether- the- President will hasten the extra session of Congress, already tional i?teps to 'protect American com- merce without this move, was not lis - knssfeafeh 'Oiclar pi'e to know his plans, and the general view was that he was still considering the questipn in ihis , usual, deliberate, way. A cabinet meeting probably will be held tomorrow' afternoon, and at that time the situatibn arising out of the new acts of aggression 'on the part of Germany is expected to be thoroughly canvassed. Prepare for Aggresrive Acuon. Preparation for aggressive' action to protect American rights : began today, when the President vjsited the Navy De partment personally, and directed Sec retary Daniels to utilize the $115,000,000 made available by Congress to hasten naval building plans. The New York .navy yard was directed to begin the construction of sixty submarine chas ers, and announcement was made that bids for 200' more will be opened Wed- nesday. Through the early graduation !of two classes at Annapolis, and the mo- i bilization of reserves, it is proposed to I cuss co-operaltlon in the interruption in j commerce lanes across the Atlantic. The step will probably not be taken till f the course of the United States has been '.finally determined. " Mapping: Out Plans, In addition to his conference with Secretary Daniels, the President saw : s.ori T.cinc. or, William Denman, chairman of the Fed eral Shipping Board, and there was ev- ery indication that he was mapping out comprehensive plans for the protection of American interests in' any eventu ality. - It is generally conceded that already a virtual state of war exists with Ger- Several Americans Among the Fifteen Lost With the Steamer Vigilancia. Plymouth, via London, March . 19. Fifteen members of the crew of the! American steamer Vigilancia lost their lives when the steamer was torpedoed by a German submarine. The survi vors were in life boats from Friday morning until Sunday afternoon. Among those drowned were, several American citizens, including Third Of ficer Neils P. North and Third Engineer Carl Adeholde. This information was given out by Capt. Frank A. Middleton, of New York, who. with the survivors of the Vigilancia has reached the main land and probably will make affidavits tomorrow before the American consul. To the Associated Press Correspon dent Middleton today ., said his vessel was sunk without warning. , It was 10 o'clock Friday morning, with the wea ther clear, when the ship was struck by a torpedo on the starboard side near the No. 3 hatch; Two torpedoes were fired at the steamer, but the first passed harmlessly astern. Between 7 and 1 0 minutes- after the steamer was struck she foundered. ? r : .". , . Two life boats were- lowered from the Vigilancia and the crewof 43 men got Jnto them. Owing to the swell of the ocean, however, 25; men were thrown into the water. The boats of the cap- tain and the -mates picked uj) ten of the SOU E 0F.T 1 situation held here as a result 01 tne Illinois and the City of Memphis. : J : r j many,i in spite of the technical armed j neutrality status of the United States. or Congress to meet within ten days, ! and in his proclamation point outthe Nation since h asked authority to establish a state of armed neutrality. No one 'professed, however. to be in the President's con fidence. V SEVEN INTERNED GERMANS ESCAPE BUT ARE CAUGHT Members of Crews of Commeree Raiders Try to Make Getaway. ' Philadelphia, March 19. Under cover of darkness seven sailors of the Ger man commerce raiders Kronprin Wil- t helm' and ' Prinz Eitel Friedrich, In terned at the Philadelphia navy yard, made an attempt to escape tonight, all being recaptured by marines and police .after shots were fired at the fugitives. Asentry on ptet near the raiders heard several splashes in the back channel and fired a warning shot. A police guard saw four of the German sailors swimming about fifty yards, from ' the interned vessels and dis charged their revolvers over the heads of the men.' The four turned and swam back and surrendered without resls tance. . . . - - Meantime three other German sailors slipped into the meadows. Running along the sea wall to avoid the barbed wire barricade partly, encircling the in terned ships, they tried to slip past a sentry. ' The sentry fired and ran to wards the little group. Mounted police galloped over the meadows and caught two of the fleeing men. The other one was found soon afterwards hiding behind a bush. SUSPENDS FURTHER MUSTERING OUT IN CENTRAL DEPARTMENT Chicago, March 19. Maj. General Barry, commander of the Central De partment, United States army, issued orders today suspending the further mustering out of troops in the central department "subject to further notice." men, but. the other 15 were drowned. ' Captain Middleton Bays lie saw no """ curing me auacs, dui inai one or me engineers thinks he saw a periscope. The captain saw two oiy streaks on the water about a thousand yards from the steamer, which he took to be the tracks of torpedoes. The Vigilancia was flying the American flag and her name and a flag were painted on each side. , Describing his experience in the boat. Captain Middle- . ton said: "After rescuing as many of the crew as possible in the boats, we had bis cuits and water. At night -1 fired dis tress signals. Several times, by the glare of the lights, I saw a submarine following us 50 yards from the boats between 10 o'clock Friday - night and 2:50 o'clock Saturday morning, but it made no attempt to help us. "We suffered great hardships in the boat. One man of the engine room staff, is paralyzed as a result of exposure." Third Officer North, of the Vigilan cia, was born in Denmark but. was a. naturalized American. The name of Engineer Adeholde was riot contained in the list of the crew given out In New York Sunday night. " This list said ; there; were '45- men ia the . ship's company, of .whom, 21, In cluding Captain Middleton, were Amer. J icans ' AV
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March 20, 1917, edition 1
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