The News Med
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VOL CX. NO. 122.
TWENTY PAGES TODAY.
RXLEIGH, N. G, THURSDAY MORNING, OCTOBER 30, 1919.
TWENTY PAGES TODAY.
PRICE: FIVC CENTS.
t
LABOR CONFERENCE
MOVES TO SECURE
HELP OF AMERICA
International Body Formally
Opens In Washington To
Discuss Labor
ORGANIZED BY PEACE
TREATY OF VERSAILLES
Secretary of Labor Wilson Pro.
posed As Permanent Chair
man of Conference and He
Expects To Accept, Even
Though Senate Hasn't Tet
Ratified League of Nations
Washington, Oct. 29. The 8 rat move
of the International Labor Conference
which formally opened bare today, was
. to take atepa to obtain the virtual par.
tieipatioa of the United Btatea in the
conference, although Congreaa liaa de
cided against the appointment of dole
gates prior to ratification of the peace
treaty.
On motion of Baron Mayor dea Plan
ehea, Italian government delegate,
United States employers and workers
organizations were invited unanimously
to aend representatives to take part in
the conference, which is still in a state
of "being organized."
, While no attempt was made to obtain
the appointment of governmental dele
gates, aa such action would have been
ia direct conflict with the decision of
Congress, the United States will be rep
resented in the conference through Sec
retary of Labor Wilson, who opened
i today 'a session and probably will con
tinue aa conference president during
the major portloa of its deliberations.
Mr, Wilson will be proposed by the
organization" committee as permanent
, chairman during the "period of organ!
cation" at the meeting tomorrow, and
. in view of the universal eusjtora of se
Ipctioavchairmen of international nth
rings from the nation acting as boat,
' no objection is expected,
Secretary Wilson aaid that he would
accept the nomination in view of bia
interpretation that the organization of
the conference cannot be cumulated un
til the league of isations ia created, and
that the United States ia charged by
the Versailles treaty With the organ
ization of the conference. The Amer
ican Federation of Labor and the
chamber of commerce of the United
Btatea were invited by the organizing
committee to name the worker and em
ployer delegates, respectively, to rep
resent this country. Samuel , Gompcrs
veteran enter of the federation, will
present the workers. Deciaion aa to
the choice of the Chamber of Com
merce will await the arrival here to
morrow of Homer L. Ferguson, presi
dent. '
DISCUSS CHILD LABOR AT
WORKING WOMEN'S MEETING
Washington, Oct. 20. Child labor
legislation and the .possibility of ob
taining uniform action among the na
tions of the world on the subject held
the undivided attention today of the
international conference of working wo
men.
Grace Abbott, former head .of the
children's bureau in the department of
labor, opened the day -discussion with
aa address 'suggesting that children be
not permitted to enterMnduatrial oc
cupations until they had passed, a triple
test, based on age. educational prog
ress and physique
Mme. Louisa, Landova Stychova, a
member of the Czecho-Slovakiaa parlia
ment gave hearty endorsement to the
proposal.
She suggested that sixteen be fixed aa
the age requirement, and aaid that
Czech-Slovakia women, in Parliament
and out, would support any decision of
the Congress on the point. '
Mile. Berths de Lalieux, of. the Bel
gian Group, reported that Belgium al
ready had legislation requiring medi
ae! inspection of the children in the
schools, and ne children were permit
ted to work in hazardous industries.
Dr. Alicia Moreau, of Argentina aaid
her country needed considerably more
legislation, because only one state had
fixed a minimum age by law, this be
iig 13 years. .. - -., .
Adjournment' found the conference
net half way through the aubjeet, and
the chairman- Mrs. Raymond Robins,
" announced that - the -diseuasiaa-would
be continued tomorrow.
The . delegates accepted aa invita
tion tendered by Mrs. Josephus Daniels,
wife of the Secretary of the Nary, to
have tea with her Thursday. Sec
retary Baker also will address . the
gathering Thursday. ' t ,.
CRACKSMEN ROB V 7,
TWO POSTOFFICES
Stamps and $500, Also Auto
mobile Stolen at Hope Kills
f.'V and St, Pauls
, Fayetteville, Oct. 28. Authorities of
this section are searching for cracks-
- men who- last night robbed- 4he post
office at Hope Mills in thia county and
St. Pauls, Robeson1 eolinty. About 1900
in money and stamps waa secured at
each place. ' . ;
. At St. Paul the yeggmen alse stole
, an auto belonging to J. M. Luther, in
which they made their getaway in. A
careful inspection of the hotel office, at
Hope Mills made by Sheriff - T, H. Me
Geaehy thia morning, failed to reveal
a elue that would aid in apprehending
the safe crackers. Four postoffire rob
beries have been permitted in this sec
tion in the last three months, the others "
occurring at Rowland and Wsgram. -
GOVERNMENT DECIDES
TO RECOMMEND MAXIMUM
PRICES FOR SOFT COAL
Washington, Oct. 29;-One deci
aion of the government conference
on coal late today was to recom
mend to the President to re-establish
maximum pricea on coal which
'prevailed when the fuel adminia
tratioa went out of existence.
These prices are considerably
lower than the prices now prevail
ing. It is considered certain that
the President will comply with the
recommendation, which meana that
a substantial reduction in soft coal
prices, including those specified ia
large contracts made since Febru
ary 1 will become effective almost
immediately.
Dr. H. A. Garfield, former fuel
administrator, made the announce
ment aa to resumption of price con
trol. He declared that hia recom
mendations, whieh will go to the
President tomorrow would deal
only with the question of prices
and would not be eoueerned with
the allocation of fuel or the zoning
system of deliveries.
'' '
E
E
Million - Dollar Campaign
Schools Discussed In
Synod Session
For
REV. W. W. MOORE. D. D.,
EMPHASIZES NEEDS
Synodic al Memorial Service
Held Wednesday Morning;
Presbyterian Campaign Al
ready Making Good Progress
In State; Success In Sight;
..Standing Committees Named
( NEARLY HALF MILLION RAISED 1
Rev. M. E. Melvla. D. D director
of the Milllea Dollar Campaign for
Presbyterian Schools la North Caro
lina, anaoanced yesterday to the
Synod that ICS.W of thia amoaat
sd been subscribed.
The outstanding feature of the pro
cjedings of Wednesday the second day
of the 106th annual eeasioa ef the 8'
nod of North Carolina, of the Preby
teriaa church in the United Btatea waa
the consideratlba of the eausV of Christ
ian education through the ohaaaet of
the "Million Dollar Campaign for' Pres
byterian Schools," which campaign is
meeting already with pronounced suc
cess and with every promise that ita
goal will be reached, and will be passed,
with a good margin before the time act
for the close of the campaign.
At the request of the moderator, Bon.
A. M, Scales, of Greensboro, a former
moderator of the Synod, occupied the
chair during the consideration of this
cause and spoke to the same. Mr.
Scales ia the chairman of the campaign
committee for the 11,000,000 for the
schools and colleges in the Synod.
Mr. Scales spoke of the large wealth
of the commonwealth of North Carolina
and of the numerical and financial
etrength of the Presbyterians in this.
State and showed that for Presbyterians
to give (1,000,000 for the cause of
Christian education ia but a amall sum
for them to give to a cause ao vitally
connected with religious "life and de
velopment of the boys and girls com
mitted1 to the care of the church. Be
expressed the opinion that the goal of
thia eamapign can be and will be reach
ed easily, and said further that he
would like to see the goal increased by
1,000,000.
Christian Education's Safeguard.
The next speaker was Rev. Walter W.
Moore, DJ., president of Union Theo
logical Seminary, Richmond, Va. Dr.
Moore apoke first of the fact that the
world "war had-em phasi ted -again and
again the importance and value of edu
cation, and that it had ahowed the ill
effect of ignorance among the masses.
Dr. .Moore then emphasized the fact
that while industrial and cultural edu
catioa have their place ia the .educa
tional program of the world, at the
aamo time, it ia impossible to safe
guard people with these without Christ
ian education. "There must be Christ
ian education to safeguard the youth
of our country,", eaid Dr. Moore, "for
no aeeular phase of education can save
our civilisation. The question of the
type of education is the supreme ques
tion of our time regarding education.
Dr. Moore expressed ao opposition to
State schools, but commended the work
they are doing, showing at the same
time that it ia the work of denomina
tional schools to'-BTOTide-bora-and-eTirie
with Christian education. Speaking of
the State schools, he showed thai one
of every six or aeven students in these
institutions of learning cornea from a
Presbyterian home. ,
"It is a mistake,, said Dr. Moore,
"to think denominational colleges play
only a small part in the program of
education in the South. They play a
very large part, and in the United
States statistics show that the number
of students in denominational schools
is 10,000 more than the number in all
of the State and non-denominational
aehools combined. And the value of
the denominational schools ia shown
further by the fact that these aehools
furnish more than 80 per eent of the
ministers and home and foreign mis
sionaries 'of the ehureh, State schools
furnishing less than 20 per cent of
these." - ,
I : Campaign Director Speaks. "
The director -. of the Million Dollar
Camapigu for Presbyterian Schools in
North Carolina is Rev. M. E. Melvin,
DJX, and Dr. Melvin was the next
speaker to address the Synod at this
session. He spoke first, of the fact
that as far as the campaign has now
progressed no discordant note, no lack
of sympathetic interest has hindered
the work. Ee said -that the campaign
(Ceatlaaed on Page Two)
DUCAT ON THEM
FOR PRESBYTERIANS
PROPOSED CHANGES
10 TREATY BECOME
IT OF HIST
Last of 46 Amendments By
Foreign Relations Commit
tee Voted Down
LABOR SECTION WILL -
BE DEBATED FREELY
Nine Republicans Help pemo
crats Defeat Last of Propo
sals While Three Democrats
Join Opposition To Treaty;
Senators Discuss Literature
and Eeligion In Debate
Washington," Oct. 29. The forty-six
amendments attached to the peace treaty
by the Foreign Relations Committee
paaaed into history today when the last
survivor of the group, a proposal by
Senator Moses, Republican, New Hamp
shire, to revise voting strength in the
League of Nations was consigned to the
discard by the Senate by a vote of 47
to 36.
As if in gaining impetus by this ac
complishment the' Senate then upset
two more proposed textual changes in
the treaty brought in by individual Sen
ators. One of them presented by Sen
ator Sherman, Republican, Illinois, and
proposing to write into the treaty pre
amble a reference to the Deity, waa laid
on the table by a vote of 57 to 27.
f he other sponsored by Senator John
son, Republican. California, as a new
solution for voting inequality in the
League, waa killed outright by a count
of 43 to 35. At, adjournment, however,
the effort to hasten final action, had
brought up against an obstacle which
seemed likely to prevent further pro
cress for several days. Tomorrow a
determined group of Senators will
launch a fight to eliminate the labor
section of the . treaty, opening a de
bate which, in view of unsettled labor
conditions over the country ia expected
by the leaders to last for at least a
week. The battle ia expected' to be
the more spirited because .'1 is regarded
aa holding oat whatever hope remains
of writing any amendment into the
treaty. ,-
Republicans Beta Democrats.
-.tNlne Republicans joined the Demo
crats in overthrowing the Moses amend
ment, which provided that none of the
British dominions should vote in aay
League controversy directly affecting
any one of thenu Three Democrats
voted with the Republicans supporting
it. On the new Johnson amendment
proposed as a substitute for the one
rejected last week the line-up was ex
actly the same as on the California
Senator's original proposal, the only
changes in the actual record vote being
due to absences and pairs. The Sherman
amendment got only scattered support,
most of the Republican leaders helping
the Dentoecata put it out of the way.
As usual, the greater part of the day's
debate related to subjects aside from
the matters directly under considera
tion. The labor section, although not
before the Senate at all, got the biggest
share of attention. Senator LaFollctte,
Republican, Wisconsin, centering dis
cussion about it with a three-hour speech
assailing the proposed .international
labor organization as filled with peril
to American labor.
.Literature and Religion.
For a while when Senator Sherman's
amendment was considered the debate!
got into the realm of literature and j
religion, Mr. Sherman declaring Voltaire
would have rejoiced to see the collec
tion of "Godlesa men" who gathered at
Versailles and Senator Lodge, Republi-
esn.- Mansacliuselts. replying with Mac-
beth's exclamation. "I cannot nay 'God
bless us." , It would be a travesty, said
Mr. Lodge, to invoke Divine blessings
on such a treaty.
Also opposing the amendment. Senator
Thomas, Democrat, Colorado, "said if
the chaplain's daily prayer in the Senate
chamber had accomplished any improve
ment, he had been unable to perceive it.
Be added that he did not favor "sad
dling the Almighty with all the ains of
man."
Other oppo seats pointed out -that the
American constitution had endured
without containing a reference to the
Deity and declared such a reference
in the treaty would make trouble be
cause of the . many - religions repre
sented. , ' ' ' . "
. i Baastor-N'avar Pray a. .....
, The chair was unable to control the
galleries when Senator Sherman, saying
he waa not a member of any church,
got into a tilt with Senator Robinson,
Democrat, Arkansas.
"I have never. prayed in my life,"
said Mr. Sherman.
"Doesn't the -Senator 'think, inter
jected Senator Robinson, "that it's
about time he began I"
'"No," Mr. Sherman shouted, while
the galleries kept up a roar of laughter,
"no, not at the appearance of any such
antagonist as the Senator from Arkaa
aas. I caa take care of him myself."
' The motion to table was made by Sen
ator Robinson after Senator Walsh,
Democrat, Massachusetts, who had voted
for several committee amendments,
pleaded -that - So nalors. who werceonr
aistently opposing all amendments aa a
matter of principle should not be asked
to go on record directly in regard to
the on proposed by Senator Sherman.
Safolk J etas League..
8uffolk, Vav Oct. 29. Wtockholdors
of the Virginia Baseball Club met to
night and voted to take a berth in
the Virginia . League next eeaeon.
Charles . Street, late of Nashville,
Tenn., hss filed, aa application to be
come manager to succeed Rube Qldriug
whose contract has expired.
A
ORY
TWO HAPPY FLIERS
UNTIL MOTOR GOES
DEAD IN NEBRASKA
With Plane "Gone Dead" May
nard Drops Down In Mid
dle pf Western Plain
PROSPECTS OF WINNING
RACE GO GLIMMERING
Sergeant Kline Goes To Work
With Determination While
Aviator Gets ' Busy In Ax
ranging Por2!ew Engine;
Tired OutTTier Spends Night
In a Country Home
(Today Lieutenant Maynard de
scribes his journey from Sidney, Neb.,
10 ice ume dim engine Decame ais
aDiea over rue western puiins -near
Wahoo, Neb." With remarkable quick
nerr, the Tar Heel aviator soon had re
pairs under way, and at It o'clock f.ms
to bed in Nebraska county home. To
morrow Maynard will tell of his suc
cessful getaway on the next to last
leg of hia epochal trip.)
By LIEUT. BELVIN W. MAYNARD.
(Coprrisfct, lain, and published by permission
of th Buston Traveller.)
Thursday morning at Sidney was cold
and bitter. The chilly brecie felt al
most unbearable and snow was falling
freely. This unpleasant weather was
most discouraging and we feared thrt
we were going to be delayed.
A report had been received from
North Platte to hold us until further
ordera, but when we had everything in
readiness to . leave the orders- - were
rescinded.
The light eastern horizon which we
could see through the drifting snow
flakes gave us fresh hope. Soon we
were off again and on reaching North
Platte we found several of the avi
ators from the East there and still more
coming in.
Two Happy Flyers.
For two days they had been held up
at St. Paul oa account of bad weather.
There were eleven flyers on the field at
North Platte. . ,
The weather . had cleared and waa
beautiful now, so the prospects for a
good day's ran became very encourag
ing. Wa exchanged compliments with
the westbound pilots and answered
many of their eager questions about
the country that lay ahead of them.
From North Platte we flew - t St.
Paul, Neb- where we' met two mere
(Centlaaed Pag Seven.)
T
Hearing In Charlotte Car Barn
Killing Gets Under Way -Before
Magistrate
Charlotte. Dot, 29. Chief of Police
Walter Orr and 30 members of his de
partment were placed on trial before
Magistrate F. B. Alexander thia morn
ing, charged with the murder of the
five men, slain during the rioting at the
ear barns of the Southern Publie Util
ities Company on the night of August
25.
Although when court adjourned this
afternoon seven of the eight witnesses
had testified favorably to tbe prosecu
tion, counsel for the defense were con
fident no inroads had been made on
their front trenches by the battery of
testimony turned ngsinst tbem.
TJirenwltjiessej. Walter Yandle, W.
B. Kincaid and W. S. Bimms, swore
that Chief Orr fired the first shot of
the battle. P. M. Miller, the first wit
ness called, .declared the flash of the
first shot came from near where the
Chief waa stand log while L. H. Smith
swore the first shot waa fired just after
Orr bad said he would "show them
what a d ned nice Chief, he was.
Practically - every witness testified to
the same story. .
Summarised theif evidence tended
to show that a crowd began assembling
near the ear barns early in the evening.
There was nothing introduced to show
thst there was any signs of disorder
nntil Patrolman Merritt had trouble
with Clem Wilson, a member of the
erowd. and felled him with his rifle.
Then hundreds, so the witnesses said.
began..ta clamor for Joe. arrest of the
officer. . Sheriff Wallace then took a
hand in the proceedings and urged the
crowd to disperse. There was then nn
hour of quiet, until the arrival ef John
Wilson, brother of Clem, who drove up
in a buggy and demanded to see Chief
Orr.
Orr and Wilson had some word, fol
lowing which Orr fired bia rifle straight
in the air, and the fight begin in
earnest, according to the testimony.
The chief point for the defense eame
when Mrs. O. B. Phifer, under a gruel
ling cross-examination, admitted that
she weat to the hooieTsfThe mayor to
havethe- strike-breakers put out, be
cause the erowd told ber tp.
The defense ia presented bv Ueriot
Clarkson and E.'T; Canaler while Jake
NeweH-iahief -couaseLfor-lha-prMOi
eution. ' " '
The regular eeasioa of the Superior
court was adjourned in order that jus
tice Alexander could use the court house
for the preliminary bearings.
Nino Killed la Wreck.
Los Angeles, Cal., Oct. 28. Nine per
sona were killed and forty injured
when a Southern Pacific train, south
bound, was wrecked near Acton today,
according to a telephone meage , re
ceived here from ton its bis Hunter at
Actoa. . -T-;-r- - - i
PLACE POLICE ON
RIAL FOR MURDER
ORDER FOR COAL STRIKE STANDS;
GOVERNMENT WILL TARE CHARGE;
WILL FIX MAXIMUM FUEL PRICES
F
Walkout Cannot Be Avoided.
Mine Workers' Officials De
clare In Statement
OPERATORS DECLAREQ
TO BE RESPONSIBLE
Will Be ExercisingConstitu
tional Bights In Striking,
They Declare, and Be; Pro
ceeding According To Law;
Still Beady To Enter Into
Negotiation With Operators
Indianapolia, Ind., Oct. 29. Thnt "a
strike of bituminous miners cannot be
avoided," was the outstanding conclu
sion of a statement ininicd late today
by the conference of United Mine
Workers officials. Blame for the situa
tion was laid at the feet of the opera
tora because "they had refused to nego
tiate a wage agreement notwithstanding
the fact the mine workers' representa
tives had urged and beseeched them to
do ao."
The miners, the stutement claim, will
be exercising constitutional rights in
striking. The statement also set forth
that the union officials gave profound
consideration to the statement of Presi
dent Wilsun as it sppeared in the
newspapers and added that no com
munication on that subject had been re
ceived from the Federal administration.
Miners Issue Statement.
The statement follows:
The conference of (Unitcd Mine
Workers, composed of members of the
international executive board, the scale
committee of the central competitive
district and the district presidents,
United Mine Workers of America, gave
mot profound consideration to the
statement of the President of the
Vjnitel States,' which appeared in the
Dublie nress recently, relative to the
impending strike of. bituminous min
er set lor November 1. Mo eommuni-
4 cation was received by the international
officers of the United Mine Workers of
America from either the President or
any representative of the Federal gov
ernment.
HA canvass of the entire situation
shows that avstrike of bituminous min
ers cannot be avoided. A regularly con
stituted convention of representatives
of United Mine Workers held at Cleve
land, Ohio, on September 25, ordered a
strike of bituminous mine workers to
become effective November 1st in the
event a wage acale was not negotiated
before that time. Tho highest authority
of the organization has acted in this
manner, and no representatives of the
organization have authority to set such
action aside. The facts are that the
same supreme authority which ordered
the pending strike is the same as that
which approved the contract which has
now expired.
Coal Operators Responsible.
"The responsibility for tho strike
rests with the coal operators. ' They
Lav refused to negotiate a wage agree
ment, notwithstanding the fact the
-mine workers representatives have
urged and beseeched them to do so.
The fundamental causes nlii?h pre-nipt
ed the mine workers to take ths rtns'.ie
! action are deep-seated. For two years
their wages have remained stationary.
They appealed one year ago to the
Federal fuel administrator. Dr. Oar-
fl'Md, and from him to the President
of the United States, for an increase in
wagea sufficient to meet the increase in
the cost of the necesseries of life.
Their appeal was rejected and their re
quest refused. Notwithstanding this,
they continued mining coal until now
their contract expires, when they are
determined that their grievances must
be adjusted in a reasonably satisfactory
manner.
"The courts have held that the work
men have a right to strike and may
quit work either aingly or collectively
for the purpose of redressing grievances
and righting wrongs. The constitution
and guarantees of this free government
give men the right to work or quit work
individaully or collectively.
Conttltatioaal Right.
" "Tfie-ifiihe workers, therefore, are but
exercising the rights guaranteed by the
constitution and which cannot be taken
away by the representatives of govern
ment when they quit work or when they
refuse to work until their grievances are
adjusted. The mine workers represen
tatives are ready, willing and anxious to-l
meet the coal operators for the purpose
ef negotiating aa agreement and bring
ing about a settlement of the present
unhappy situation. .They will respond
at aay time to call for auch a meeting
will honestly eadeavor to work out
wage agreement upon a fair " and
equitable basis, which agreement alone
will put the , mines in operatioa and
guarantee the nation an adequate sup
ply of coal. We assert that the mine
workers have no other purpose in view
other than to tec nre a working wage
agreement. All of their demands are
incorporated la the wage proposal sub
mitted to the coal operators, and each
and all are subject to negotiation.
. Conscious of the grave responsibility
resting upoar the representatives of the
coal minora we hare no qtber alterna
tive than to carry out the instructions
of, the United Mine workers conven
tion. The issue has been made, and
if it must be aettled upon the field of
(Continued on Pag Twe
STRIKE ORDER 0
MINERS T STAND
GOVERNMENT HURRIES TO
DEAL WITH COAL STRIKE
ORDERED FOR SATURDAY
' Washington, Oct. 29.-The govern
ment moved swiftly tonight to meet
the nation-wide coal strike ordered
for Saturday.
Refusal of the miners' organiiation
at Indianapolis to withdrawn the or
der calling out half a million men
brought instant announcement that
drastic action would he'takea to keep
the mines in operation.
As to those miners who go on strike
and thereby curtail production the
food and fuel control law with ita
recently added criminal penalties of
fino and imprisonment will he en
forced without regard to persona.
This attitude of the government. At
torney General Palmer made clear,
does not aftVct the right of workera
to strike for redrrss of grievances in
other caaes where no violation of the
law is involved.
Kvcry resource of the government,
in the words of Attorney General
Palmer, will be, used to prevent the
"national disaster" certain to follow
th stoppage of work.
Adequate police protection, with
troops as. a last resort, if necessary,
will be given those men desiring to
remain at work. Reports from gov
ernment agents ahow that a big part
df the miners ordered to quit work
want to stay on the job.
Rights of the public will he pro
tected through revival of price con
trol regulations suspended when tho
fuel administration went out of ex
istence February 1. This means an
early drop in the price of soft coal
and givea assurance against profiteer
ing. Overman Believes Webb Will
Be Named As New Jurist
In Fortnight . ,
SEVERAL MENTIONED
AS WEBB'S SUCCESSOR
Clyde Hoey To Seek Post, It Is
Believed; At Least Four in
"Elimination Contest" in
Mecklenburg; State Senator
Mangnm, of Gaston, Also
Possibility
News and Observer Bureau,
603 District National Bank Bldg.
By R. E. POWELL.
(Special Leased Wire. )
Washington, D. O, Oct. 29. Judge
James E. Boyd's statement in his own
handwriting that he is physically un
able to discharge 'efficiently'' the duties
of United States district judge for the
Western district, forwarded here today.
clears the way for the appointment of
Representative E. Yatee Webb' as Fed
eral judge within the next few daya,
The appointment, Senator Overman
believes, will be made with in a fort
night, possibly this week. The Presi
dent may be able to send the appoint-
... T
ment to tne senate in tne next rew
Nas and that body may pause in its
treaty deliberations long enough to con
firm Mr. Webb.
There are two reasons why speedy
action on the Webb appointment may be
hd. The first is that Judge Boyd
himself is not only willing but desirous
that he be superannuated and the sec
ond is thst Mr. Webb is decidedly
popular among the Senators of both
parties. His service ss chairman of
the judiciary committee of the House
while that body waa aader Democratic
control constantly threw him ia touch
with the members of the Senate and
won for him the friendship of leaders
on both aidee of the chamber.
Text of Jadge Boyd's Letter.
Judge Boyd letter, which waa as
wholly unexpected as was the Presi
dent''et- -the prohibition enforce
ment bill, is dated yesterday and ia very
brief. It reads:
"The President:
"I wish to advise yon that I am not
in a physical condition to discharge
efficiently the duties of United States
district judge and Itherefore request
that you designate aa additional judge
for this district under the provisions
of the Cnrlia act. lam mentally in
good condition, but I am physically im
paired. ;
"With great respect., yours.
"JAMES E. BOYD."
Way Opens For Webb.
As the judge's admission of physical
inability dears the way for the elevJ
tion of Mr. Webb to the judiciary, fne
same elevstion tlears the wsy for a red
hot scramble- in the -Klnth. forL.Mr,
Webb's seat ia Congress with the culmi
nation contest in Mecklenburg looming
up as the chief preliminary to the big
bout. ' ' . i '- - .:
Affects Gubernatorial Aspirations.
Perhaps ao political appointment af
fecting North Carolina ia recent years
has been so intimately interwoven with
other political plums or so closely re
lated to the major contest ia tbo State,
that for Governor. While it doesn't di-
(Ceatlaaed ea rsge Two)
YD
ASKS
ASSISTANT JUDGE
FOOD CONTROL AGT
WILL BE ENFORCED
Government Declares Coal
Strike Called In Manner That
Makes It Illegal
RIGHT TO STRIKE IS
NOT POINT INVOLVED
Statement Issued After Confer
ence With Officials In Office
of Attorney General Palmer,
Wherein Government Tully
Outlines Principles Under
Which It Will Act
Wsshiagton, Oct. W. The govern
ment will establish the "illegality' of
the strike of coal miners "without in
any way impairing the general right to
strike" aa the "general right to STtiks
is not ia issue in any sense whatever
in the present situation' it was de
clared, in a statement issued tonight
after a conference ia the office of At-:
torney General Palmer, at which he dis
cussed the situatioa with Secretary Wil
son, Director General Hines. Secretary
Tumulty and Assistant Attorneys Gen
eral Ames and Garraa.'
The statement which it waa aaid fully
represents the attitude of the govern
ment, declared that the impending coal
strike ''was ordered ia a manner, for
a purpose and with a necessary effect,
whieh taken together, put it outside the
pale of the law."
The government will act la the strike
under the provision of tho Lever food
control act, enacted aa a war measure
but still in force.
Govornaeat Btatea PeeiUoa.
The position of the government ia
the impending coal strike waa announced
tonight by Attorney General Palmer as
follows:
There caa be no doubt that the gov
eminent hss the power "la the public'
interest under the law, to deal with the
projected strike of the bituminous coul
misers without infringing upon the
recognised right of men ia aay liaa of
industry to work when they please and
quit work when they please. The ille
gality of thia atrike caa aad will be
established without ia any way Impair
ing the general right to strike, aad tha
general right to atrike is not in issue
ia any sense whatever in tha present
situatioa. Thia is true beeauee tha cir
cumstances differentiate thia ease from
the case of aay other atrike that has
ever taken place ia the eouatry.
"It doea not follow that every atrike
is lawful merely because the right to
strike is recognized to exist Every
ease must stand upon ita own bottom
aad be governed by ita own facta. There
fore, when the. President said in kit
statement last Saturday that 'such
strike ia suck circumstances' ia not only
unjustifiable but unlawful, reference
waa had only to the conditions in the
Impending aituation. '
Oataide the Law.
"The proposed strike was ordered la '
a manner, for a purpose aad with S
necessary effect, which takea together
put it outside tbe pale of the law. Aftei
the war begaa, the production of fuel
was regarded as one of 'he subjects
of such peculiar publie importance al :
to justify a special statutory enact
ment. The fuel administration was
ereated to supervise tho aubjeet and
matters of wages as well as pricea were
considered and sanctioned by the fuel
administration. After the cessation off
hostilities, tbe fuel administration sus
pend d certain of ita orders, but did
not determine tbem. aad they are sub
ject to reinstatement at any time upea
the President s order and the statute
under which the orders were made it
still in full force.
With this situatioa existing, tha con
vention of United 'Mine Workera at
Cleveland, last September, decided to
annul all wage contracts oa November
1 and took tbe unprecedented atop of
deciding in advance ef aa opportunity
(or consultation either with tha gov
ernment or the coal operators, to strike
oa November nnlesa satisfactory -naw
arrangements should be made.
Ne Ward from Workers
"Without an? expression from tbe
workers themselves, tha organization
promulgated a demaad for a aixty per
cent in wages, a six-hour day and a
five-day week, and authorized atrike
to bo effective November 1 before the
demands were even presented to tba -opratora.
Tbe demaad for a new wage
agreement covered only a part of tbe
coal fielda, but the strike ordor waa
sent broadcast to workers ia other
fields where operators aad been givea
au opportunity to eva consider de
mands for inereaicd wacs or decrease 1
houwAll this l-as been done while t'.-e
miners la every field, through theii
right of eolleeti. bargaining bad ca
tered into a aolerea eontn?et with t!e
operators, fixing wage suid hours for
a definite period Khii'h Ku vif yet-tnr-
pi red. Tbe operators, upoa jo insis
tence or the president indicated tnsn -
willingness to negotiate and arbitrate
providing tha atrike ia deferred, while
toe miners rejected tho President's re
qneit for arbitration at a means ef
settlement aad refute 1 . to defer the
strike. ., ,
"Some of the .wage contracts were
made with tha sanction of tba federal
(Ceatlaaed on Paga Sixteen.)
v