NEWS" AND OBSERVER, RALEIGH. N. C TUESDAYMORNING. DECEMBER 20. 192T.
cunnn
COURT
IlL
Vlolds "Open CompetiTion"
of Hardwood ManufSctur-
ers Unlawful
RESTRAINT 0F TRADE
JUDGE CLARKE SAYS
ittce Holmea Beet Noth
ing Wronf In Distribution
of Trad Information
'-: Amonf Member of Ano
ciation; Majority of Conrt
SM Oiherwii a
OUfllU
TTahingtoii, IV-. The open
competition plan of the Amnion
" rTvdw'ged wjnrV-turers Assoriat i ii
Was declared by the Supreme Tuurt
today a tmlmnl upoa trade in tin.
faron nf the STiertiian anfi trut law.
Department of JiiMire nffcviala rum
meriting iixin the derision Raid it
woo I'l fiirm t lie baai fur the r"
eruiurnt's policy ton :irl hundreds
f associations maintained by vtiri
0s industries to ejchstig price ami
other train in f ur mitt inn. Activities
ef the R9oriatinu harp been iiii
dec observation by the deportment
for come I imr, but definite formula
tions of policy, it h.-is been stated
by Attorney General Itaugherty,
. awaited today's decision in tho na
tfaa's highest court.
In rcuderng ita decision the court
divided sit and, ihn-B ,liutke Ale.
Keaa. Holmes and Brandies diwul
inj. It sustained t lit- I intcd Mates
district court fur Western TmnniKY,
. . which in April, IK.'", granted In
, junJi" J'e'Uctually r.euuuin- the
association from 1 1 r i jr into fur
their sijri'rmruts under the plan, fur
-bidding the further distribution of
Statistical information under the plan
and directum the ubundoiiment nf all
effort whstsocier having the purpose
or tendency tu enhance or maintain
price."
(em petition Restricted
Tic opinion of the rourt was d
liverrd by Juaticn t'lurkc who de
scribed the orgnniratiua of the a ami
eiat ion's stntiMical bureau explain
ing in detail ita methods for bo'.i
' ebUining and diesrniinatiirg informs
Hon concerning the trade and asser
ting it wis a clear combination to re
strict production and to iaereaae
prices. Concerted action amonf the
members waa obtained, he atated, aot
only by the distribution of reports
iaaned tinder the open competition
p!an, hut by frequent meetings mid
qiirsttonairca. ,
The meeting of the membera re
lilted in concerted action 'Justec
Clarke, atated, to raiie price rc
gardleas of ronditiona, and tlie plan
v. as termed by him "misleading and
misnomer," and "an old
new dreaa nud a new name." lie
lidded that instead of a plaa to pro
mote open com i tit Ion It operated
to restrict eoinpotition. It waa fu
tile, he anid, ta. tnri t)at tha pUa
waa' ate re It to furolh . iafonnattea
which eouid not be otberwiae obtara
ed. Tie aecretsry of the Aaaoela
tien, throiifh an expert atatietietaa,
lis aaaerted, utillard repliea to quel
t'ouanlrea and other information
furnielied by the member of the
Aeaociatioa a tha baaia for bu)
Jetina and adtice, Theee repliea,
he said, alao were utilised in pre
dicting and promoting advancci
la prieea, by wlthhelding of prod
urtrfroiu the market awaiting high
er prieea.
8eet Nothing a ft.
Jnatlce Holmea in dixetiting stat
ed that the method of the aaaociation
could not be objected to in "thl
- - country of free speech" as a eom-
binatlon ia restraint of trade; that
whila it wai combinntinn amont
aelleri it wai aot nnViwful, that ita
' meetiugi and information circulating
rvr,-u(b ita bureau waa open to the
jiuWic, that a combination before ll
eaa be termed inlawful mult engage
lit an unreasonable reitraiat of trade
... and overrea:h normal market eon
ditioM. In the practice! of the ai
aoelatloa ke saw nothing that wai
different from the reaulli pro
nounced by the goverament in the
distribution of market report and
ntlier Information for producer, ex
tept that tha associution sought to
roash memberi "in the baekwooda,"
to whom ai aot aailabje muck of
1 ' tas gorornmsat Information.
TO ESTABLISH UMVER8ITT
FOR DISABLED 8IRV1CI MEN
TPaahiagton, Dec. 19.-Director
Torbei of the Veterau bureau
: probably soon will aak President
Harding to approve the choice of a
alto for vocational training Lni
varsity for former service men in
. tha Booth, it waa aaid today at the
bureau. It was believed, official!
aaid that Colonel Forbes would aak
for on of the army cantonment in
" Uta South, such aa Camp Johnston,
at Jacksonville, FU, to ba eon
verted into one ot the, training
institutions, which are to b tstab-
- - liahsm ia tha different asetlona of
th coaatry under tha bureau 'i
- new odacstional policy.
W15T TO RE9CVI CODIN,"
.. LOSES HIS OWN LIFE.
Charleston, 8. C, Dee. 19. Going
back to rescue her little cousin,
Alee Oliver, three, from cotton
1 flames near Sellers, Loali Oliver,
eleven, cite lost her Uf Wednesday
it bcae known today. Th c.hil
. . drea were found ta tha rains of th
1 t peek hous locked iav weh others
arms chirred beyond recognition.
CaJJrOlNtA I ANTI-ALIE
1 LAW IS CONSTITUTIONAL
San Frsaelseo, Cal, Dec 1 Th
enstitntloftality f th California
. anti-alien land law forbidding alien
ineligible to itlrathlp frexa owning
or leaeisg agricaltaral kada waa ap
, held let today by a otmrt of three
Federal Judges. Beveral other ctatoi
bar eaaeted law psttereaed the
" Oaliforaia act .
ATLANTA FEDERAL BANK
REDUCES INTEREST RATI
Atlaata, Dec 13j-Jl rcdneUaa f
th interest rata wa all claaae of
papcra from f va aad a half per seat
ta v per cent waa aaaonjued to
day by M. B. Wellborn, govemer
af th fli Fdrl reserve bank.
Dr. Cliarle J. Thwing. ha Just
1 as president of In Western
) I eiver y, f er' having
i i t c I t t j .:'. j ...
Franct .Decides To Accept
Plan for Small Navy
(Coatiaaad Trm Pag One)
with aay recession on the capital
ship question- the F reach iweuid at
tempt t aaawiato aoma form of aa
auranc that they will be given the
pnvileg of Inrrensing their lubma
ria strength. Ther ia ao tendency
to link the two Into the formal
afwaanent but it ta appareat the
Freach wast rt mad iwrfeetly eleir
that whatc-v ratio they aecept fot
capital ship ikail aot apply alo to
auiliry rrnft.
, It is not improbable tVit th
French reprwanstitea al.n ill
want aoch a modification of the tin
val holiday plan as will permit tlinn
to replae their preoeat ulwilete
battleship with veeavb) of th pof
Jut.laJHl tvpe so far aa they eaa build
them within the specified tnnnag'
limit. Bwaaiio ef the war- the
French naval experia declare their
fleet is badly li need of replace
nirnta, and there aeems to be no di
HHin io (ttermte tharTtiim;
SENATOR REED ARtit'EH
BIU CASK IN BOSTON
B'ton, Pee. IP. "Complication
cry aermiia n nature that lone
developed iu the Senal committee
couideriii(f the rvfunding of our for
eign loans,' were urged by t'nited
States Senator Reed in the aiipreniM
reurt Unlay, a reason for the fnwt
ponrmewt of the trial of Diatrb-t At
torary Jwph C. i'eUctu'r "oa ehurgen
of malfcaaauee in ogice. Senator
Reed ia counsel for the l'lntrict
Attorney. He aikej the court to
poatpouit the proceed iiign until next
Thursday at the earliest.
RICH ARD CHOKER nEKIOI'M.T
ILL AT HOME IN IRELAND
Vryor. Okla., Dee. 1. A cablegram
tating that Kichard Cruker, former
Tammany chieftain of New York, wan
very ill trat b.w4ti if ,- Mr Hultaih
Bcmton Kdmoadavn Oroaer, has iun
mond Hruce (inrrett, a local ritisen
luirriedly to irelantl, it beeituie knimn
tmlav. Mr. Cruker is a daughter nf
Mr. and Un. 11. H. Kdmoudaon of
this city .
Petersburg Merchants Fleeced.
Petersburg, Va., Dee. 18. tlovern-.
meat ofherr arrived here today In
reapona to telegrams atatiag that
a "ireatlemaa crook" had floored iv
eral merchanti out of moaey and
merchandne auiouiitiaj to approxi
mately (dUQ, by caahing bogus money
orders. A local, jeweler lost a dia
mond ring valued nt $72 and 2H in
eaah, A clothier is out of $0 in
cash, while .furniture company ia
out of N8 ia euah.
HOLDS PICKETING
OUTSIDE POLICE
POWER OF STATE
(Continued From Page One)
opinion of dinaent delivered by Jus
tice nrandeia Mould be anaUined,
"became ia applying it rule in re
gard to boycott and peaceful picket
ing Arixono. did aot deprive the
plaintiff! of property without due
process of law or deny there equtl
nrotertinn af tha law" iml uUtuu
if Arisona waa. prohibited from
adopting "this rule of tahafnntiw law
it wna atill free to restrict the ex
traonSnnry reniedie of qnity where
it conaidcrtd their exercise to b
dctrimentnl (o the public welfare,
AW
" 7 1
tor uc rstrietiriaJwsaotadaiaaJ
to th employer of cither do prs
resa of law r efual pratoetioa f
th laws," ir
Tha real object, of an rajnnetioa,
Juitie Braadei aaid, waa to prevent
injury to persons or tangible prop
erty, arid unlet there waa a threat
of such violrae aa injunction shomld
nrt 1 granted in the Arisona esse,
lajaarllea Not the Remedy . ,
.luiitiee I'itney's line of reasoning
m announcing hi dissenting viM
a aimilar to that of Jtutic RJ
dew, holding it within the police
poser of th State to regulate and
control all act in breach of peace
or of violence whether originating
in labor ifiabules or otherwise. Hj
stated that the employers had am
ple protection of all their rights in
the courts through other meaaure
than injunctions.
The caae arose ant nf A atrike ia
Riehce, Arirona, in kieh William
Truax and other employer .sought
jo.-injunction to ptotuiut frau as .
pbiyrs from picketing.
DOUGHTONiGHTS" HIS
LAST BATTLE IN HOUSc
(Continued F.om Pegs One)
on the cnnilderation of naming the
baby of KepreNentative lipsjie Joliui
ton, of I'ender, bora lent Thursday
lii!o Ihn member waa in Hslei(h.
Mr. Criap offered a resolution, offi
cially naming the child Carolina,
mtli fbe siiKgrstiim that nobody be
sllowed to amend the reaolutioa ex
cept t h rVnderite. And aa the
young lady becomes the first lady
ever unined formally by the Houae
of Representatives i.f the Stale.
Proponent! of the Ihinlnp tax
penalty repeal secured the promise
of Mr. Crisp to move a reconsidera
tion. jufUie measure when the lluuse
convened, parliamentary procedure
requiring a member who voted with
the Saturday majority to make the
motion. Mr. Crisp made it, and ini
iufdiu,tel.nik!d 4Jie Huuse 14 vote it
down. It as done but not Immed
iately. Intervening was an hour of
the sharpest debate that any recent
session lios encountered.
Connor Leada Off.
Mr. Connor was th first to take
the floor to inveigh against the
measure. Re declared that it was the
big tax payer who deferred the pay
ment of his taxes, that it waa the
little man who paid promptly, and
Hint because of the si w nets ef
Inrger tax payers, it had been th
experience of Ms county that school
tntcher had to go horn without
being paid.
During th whole of th debate
Mr. Crisp kept generally in the
middle aisle of the House, Inter
rupting here and there with ob
servations. After Mr Connor' ipeeeh
he offered li remon or hi motion
the statement that supporter of
the bill had charged that ateam
roller tactics had been employed
in the fight Rnturdar. Bo wanted
to get the bill out in th open agafi
and chloroform it properly.
Indictment of the whole tax situ
ation win made by Everett of Dur
ham In what was no doubt th best
speech that he has made during hit
tenur In th Hous. H protested
against further disruption of th
system that had already been tink
ered with until it is "th worst
muddle that w have ever had In
North Carolina." Addressing himself
to the matter of taxation geaerally,
he reeited many instance of dis
crimination in hi own county.
Among the, a piece of property
Neckwear
He Will Want
His Neckwear supply may be
generous and varied, but he'll
always find room on his neck
for a gift from our present holi
day display.
i
Here we have developed some
new and attractive shapes and
coloring all in harmony with
the season. You need not shop
around, for our selection is the
most extensive we've offered
in several years.
Hand-made Scarves. $1 to $3
Imported Scarves, $2 to $5
Silk Knit Scarves, $1 to $4
Dress Scarves. $1 to $2
Buy a Man's Gift
From a Man's Store
McLecd & Watson
The. Home of Hart SchaJfner it Marx QothM
bought recently for school purpose
ia Durham, for which the city paid
aflO.0110, and it is listed oa the tax
book at H51. Other similar case
f undervaluation - brought about
by the iadiseriminato reduction in
ruhies were cited: lie protested
against aay' mora taanpcriag witk a
law that had bee a laid doa as the
ruled principle of taxation,
n m.j t.
AH th while Representative
Doughtoa had been sitting tense ia
hia seat, waiting for the tune to
speak. First he rvateetcd the rnlinr.
of the speaker that th motion
by Mr, Crisp savin order. He eoa
teaded that the bill was before
a committee, and could not be taken
T nttder th mlM nC the ttnua
aatil five days were iciaed. The
U I . 1 1 . I I i
paser ruieu agaisnt mm, ana ne
turnrd to tin merita of the Dunbp
measure.
Again be appealed to the House
to stick to. the principle that had
beew -adopted, rh phaeipt "that
provide for a deduction when taxes
arc paid ia advance, that provider
for their ttavmeiit at iter witkin
certain pcrtoda, nit"ft- providrn
that trios who defer payment shall
bear the burdea of paying the in
terest oa money that the cua;y
must borrow until taxes are paid.
Bowie of Ashe, leader of the tight
for the Dun lap bill returned to the
fray with the declaration thut the
principle of rewards and penalties
ia wrong and that it ought to be
abolished. Murphy waded ' into the
fight with n long passug with Crisp,
and Dr. WniUker ended the debate
proper with a-a appeal for tha pen
alty provision.
Sensto At HtaadstllL
Th clssh of debate that filled
th lobbies, and many members of
the Henate had room into th cliam
bor. acaitiitittg jn interruption
while the Speaker asked the visiting
Senators to retura to there chamber
to restore a quorum. Busines was
ia n state of suspended animatioa
crp th Hall-.They left, but aomo
what reluctantly. It was the first
battle of giant of the session.
C.rant went into action on "a par
liamentary front. He declared that
th Speaker's ruling, if sustained
in the Houae, would change he
House into a mob, working without
rules, that it waa going into the
matter without any precedent and
without any consideration of the es
tablished method of 'procedure. The
Speaker ruled against him, and the
Representative proceded with hii
nrgument.
Demsnd for a roll call on the
question were not heard in time by
the Speaker, and npon bis inability
to dotormin the issue on the aye
and ao vote, a atanding vote was
recorded with a 43 to 40 result, and
th Dualap bill remained in the Fi
nance Committee, with little ttroi
pect of emerging befor tlie session
adjourai sine die.
Night session in the Hous saw
nothing by way of Interest, save for
th reatscrtioa of his kinship to
a re rauntr bv Representative
Crisp, of Dure. He moved to recon
sider hi relativea primary diii.
killed with some considerable cere
mony last week, and by dint of his
own persis-uee, induced the House
to reconsider and pass it Th Ben
at with equal prompt laid it on
K t.kU. awd Avorr will hav to
content itself with relative and, no
primary.
Mr. Crisp brought out an armload
of netitiona and read aoms of them.
Mr. Hcnick brought out another
l,f il npsseii nut bv Renre-
1.1 , .......J , T -J I
sentative Hicki, but the were be-
it-
clouded n little later woes, Mr. Roc
casually inquired if the prtitioas
were newly signed. It wna admitted
that seas of then had been ia serv
ie bar for several years. TV
Hons bagkrd, bat voted for Mr.
Hicks, after he had told hew lost
kis ana ia a sawmill, aad even as
1i watched hi life blood flow away,
he thought ef the Avery county pri
mary. LONG TURNS AGAINST
HIS PUBLICITY MEASURE
(Continued from Page One.)
amended the general law, making .it
possible for the Stat road bonds to
bear six per cent interest. The bill
was recalled from the office of the
enrolling clerk aad the error cor
rected. Several aimilar errors have
bees discovered In t-lie rush of legis
lation and it i predicted that there
is. a possibility of still other creep
iaag owl after adjonrnavewtv
Dsisls Aasarane
The Municipal Finance Art passed
nitlumt..lisUsioa ad eWastor De-.
luney got through hil scienie for the
correction of tb journal ef March
2, which eitrrslned the error that
caused the bill euactcd at the regu
lar sessioa of the legislature. The
Senator from Mecklenburg cited
authorities to sustain hia position
thut the action of the Senate will
enable the cities to fall buck upop
that measure in the event that
further flaws shall be discovered in
the bill of this session, which has
already unee been frowned upon by
the Supreme Court, with the result
lli.it it became necenry to retrace
the step leading to Its passage.
There was no opposition to the
bill validating school taxes, but
Senator Burgwyn, of Northampton,
desire"! (lie measure explained. The
bill validates all levies made for this
year, requires the same levies for
next year as a requisite to participa
tion iu the state rquajization fund
and changes the flat requirement for
mrh part'eipation from a tax of 30
cents to n tax of 39 cents. Senator
Woodson, chairman of the commit
tee, explained that the bill will af
Give the best -give a
Victrola for Christmas
'
This trsdomark and th tradesnarked
word "VictroJ" idewtifv all swr pradscss.
Look nndcr rh Udl Lcckcatk label I
VICTOR TALKING MACHINE CO.
.i Canaan, N. J.
Victor
fect a maximum ef acven counties
s all the si her have already levied
a raff iciest tax. "
Pewssew BUI Bring Debate
Th pcusioa bill provoked on of
th stiffest debates of th aesuoa,
bV the measure was carried by a
rot of t te 9 over the protest qj
Senators Uartsell and Long, ef Ala
mance, who thought the present re.
quirement of marriage befor 1873
befor a widow can draw n penal oa
a wise oae, aad deplored any step
that would diminish the aaiotiat of
peasioas received by actual veterans.
Seaator Varser wai of th opinion
that the number of death would
equal the widvwi to b placed npon
th rolls but Senator Uartsell quoted
the Btnte Auditor aa holding a con
trary view.
The bill permitting the State De
partoient of Education to place
school districts operating under a
special charter under the general
law wax IsJulr J by a vote of 16 to. It.
Senator "Woodwow, Varser and
Iiong, of Halifax, explained that the
bill confer no authority under the
,ltat. uVpartmenAnnd thai.r tjxe,,
change contemplated can he made
only by application of the local au
thoritie. However, . Se Baler Gal
lert, Dun lap and Hurgwya, of
Northampton, raised th battle cry
of ''aaii centralixation'' aad it prov
ed effective.
Daisy Lose Again.
The "ox-eye"' daisy, choice by s
plurality of JJ.OJ0 ia n referendum
held among the school children of
North Caroliiato eelcc. .'n oh clal
flower for the State last aigui made
a last stand in the Senate. U't the
bill was again tabled, by a recorded
vote of 17 I) 14.
The vote by which tho Mil t.is
tabled Saturday wa reconsidered Cjn
motion of Senator Walker and Mrs.
Walker? who sent the meastrre to vts
first death, stated she had "sinned,''
according to Col. Olds la insinuating
the flower was brought to the State
in the hay used by Sherman's army.
However, Senator" Cameron was seill
willing to "sin" and was of thr
opinion the hill wua an outrage. It
view aha red by Senator Burgwyn, of
Northampton,
Tho Senate also hilled tha Avery
5-vaf.:i
Xalldnff Machine Co., Camden,N. J.
.0 ; . '" . ; ; w :.
county primary bill which had bees
revived1 by th Hows at the hut ntia
nte. " ' -
The session last aigbt closed with
a minimum of th ceremonies which
dually mark the end of a seuu.
The only presentation was a walking
caae, girea t Major David Gaster,
sergeant at arm by the colored lab
orers, through Senator long, tf
Alamance:
The benat facetiously adjojrncd
"in honor to tha dead billa that lie
sleeping ia tb vest pocket of th
Grand Old Man from Alkgkaney"
on motion of Senator Durgwyn of
Northampton, whose feeling over th
death ef hia bill reducing the per
sonal property exemption from $.1uO
to flOQ provoked him to lengthy
comment with Representative Dough.
ton as hii targ-t "The veitpoctct
of the flrand Old Man contains ta?
whitened bones of more political
aspiration! thin any ssrcophagui ia
North Carolina,'' he declared.
STRONG SPEECH
BY POU AGAINST -AMTH.YNCH
BILL
(Continued From Pag One)
coring to determine definitely
whether it will be possible or him
to participate with bt. Jolm'i lodge
on that occasion. The suggested
visit to New Bern has appealed to
him very much; not alone bciuse
of the very great age of the lvlga
and the couimeuiorutioa of the 1'iOth
anniversary of the tisit of President
Washington to that lodge, but the
President remembers th numerous
mess ages of felieiUtiocs vrhieh he
received from your State when he
took the Scottish Rito degrees. Be
cause of these thing he has very
much wished to visit St. John'i lodge
666 ia a prescription for
Colda, Ferer and La Grippe.
It' a the moat apeady rpmtdy
we know. Qiiickly relieTinf
Conatipation, Biliou'a n a a,
Loaa of Appetite and Headache.
CHOOSE the only instniment whicH u reo
ognized as the world's standard. That is
the Victrola the permanently satisfying instru
ment. Famous for its great aitistSp for its true
tO'life tone, for its exclusive features, for quality
which insures years of service the one instru-
ment specially made to play Victor Records.
Be sure the instrument you buy is a Victrola-- '
made by me Victor Talking Ivlachine Company
. only. Insist upon seeing the Victor trademarks--the
picture Hb Masters Voiced and the word
Victrola. $2i5 to $1500.
and aay a word of fraternal greeting
to th Mason ther and throoghoat
tb great state af North Carolina.
II find however, that h ia called .
a pea to r snort all travel eagagv
aieata, tcatativ r othcrwiae, for the
moath of January. There ia a r ces
ser of work apo him at tb pre
sent tioi which will sot admit of
hi leaving the capital. Ton will
aaderataad the necessity of this con
clusion when I tell you that be has
cancelled a tcatativ proposal to ad
dress the 01) io, Society in New York
at appreiiuitly tS sams tin.
Qait apart from then thingi. he
finds that Mrs. Harding ha long
since dated th Diplomatic dinner
for January lRth aad the entire of
ficial aorial program at ti White
Hous and among cabinet member
has been so adjusted Io that date
that it is quite impossible to change
it, Under all these eireumitaaeea,
much tooths Presidents regret, he
direct me te say that it will bt
utterly impossible fro- Mw to cwne
to New Bern for this occasion. Von
may be assured that his disappoint-.
Lnient ia xsryswaaiaie aad it wi aot-.
be entirely dissipated until som fu
ture opportunity ia offered for th
ntterane of greeting which he had
so much hoped to make at this time.
For Colds, Grip or lalansa
and as a Preventive, take Laxstive
BBOMO QCIN1NE Tablet. Th
genuine bean th signature of K,
W. drove. (Be ure yoa ft
BKOMU.) 30c (Adv.)
a i'pm '.aim 'w
v