THE ASHEVILLE CITIZEN
THE WEATHER
FAIR.
CITIZEN WANT ADS ,
BRING RESULTS f
VOL. XXXTTT, NO. 148.
ASHEVTLLE, N. C, TUESDAY MORNING, MARCH 20, 1917.
PRICE FIVE CENTS
ssai
fin
S. PKBPAKES
0
UBMARIM
CHrSERS
ARE
ORDERED
GERMANS ARE FLEEING ALONG WIDE FRONT
SUPRE
ME
COU
0. K.'S ADAMSON LAW
PRESIDENT EXPECTED TO ANNOUNCE IN THE
NEXT TWO DAYS THAT STATE OF WAR EXISTS
News of Deaths of Several Americans
Among the Crew of the Vigilancia, Sunk
Without Warning, Tends to Hasten Day
When United States Will Formally En
ter War Against Kaiser
ADAMSON LAW WILL AVER!
ALL FUTURE R. R. STRIKES;
IS HELD CONSTITUTIONAL
SUBMARINE "CHASERS"
ORDERED BY DANIELS
President Keeping Own Counsel About
Course He Intends to Pursue in Present
SituationCabinet Meeting Probable
Today.
In Epochal Decision, Divided Supreme
Court Holds That Congress Has Right
to Regulate All Questions Affecting Car
riers Doing Interstate Business.
NOTABLE
E
OF FRENCH TROOPS
ON WESTERN FHON
T
People Shed Tears of Joy as
French Re-Enttr Cap
tured Villages,
BRITISH AND FRENCH STILL
ADVANCING AGAINST THE
FLEEING GERMAN FORCES
Germans Are Devastating the Country in
Their Retreat, Which Is Being Conduct
ed Over a Wide Front Many Villages
Are Captured by Allies.
WASHINGTON, March 19. President Wilson is ex
pected within the next forty-eight hours to indicate
definitely that he believes a virtual state of war exists be
tween the United States and Germany. News received
from Plymouth that fifteen men, some of them Americans,
had been drowned when the American merchantman
Vigilancia was sunk without warning, by a German sub
marine, added, if possible, to the already grave view of
the situation held here as a result of the destruction of the
Vigilancia, the Illinois and the City of Memphis.
President's Action Unknown.
Whether the president will hasten the extra session
of congress, already called for April 16, or will take ad
ditional steps to protect American commerce without this
move was not disclosed tonight. No official pretended to
know his plans, and the general view was that he was still
considering the question in his usual deliberate way.
A cabinet meeting probably will be held tomorrow
afternoon, and at that time the situation arising out of the
new acts of aggression on the part of Germany is expected
io be thoroughly canvassed.
Preparing to Act.
Preparation for aggressive action to protect Ameri
can rights began today when the president visited the
navy department personally, and directed Secretary
Daniels to utilize the $15,000,000 made available by con
gress to hasten naval building plans. The New York
navy yard was directed to begin the construction of sixty
submarine chasers, and announcement was made that bids
for 200 more will be opened Wednesday. Through the
early graduation of two classes at Annapoils, and the
mobilization of reserves, it is proposed to make it pos-1 member.. Dissenting for v
mi . i-i ii u: - mi.- V. Irons were Justice Day. Van
Sluie 10 man quiciuy au snips oi iie navy, xxie question puney and McReynoids.
-i ii f -t-4.; ;4- . : i.: inbiic Kight.
was aiSO lUh.cu ujj ui jjciuui; Jiiiu cuniiiiumtauuu ill-1 xh, majority upheld the public
frvf-mollv wifli (T-vnnf "Rritflin nnrl FVnnfP in Hispnss on. i rimi to have Interstate commerce
. e i uninterrupted as a baste principle
operation in the protection or commerce lanes across tne , paramount to interests of the railroads
Atlantic. This step probably will not be taken until the , PuuT,c serce and subject
..m-w,a rf rm TTniorl KfaToa hna noon finallTT Hctormitiefl .the supreme, unrestricted power of
- 7-- congress to ti
mapping uut nans.
In addition to his conference with Secretary Daniels,
the president saw Secretaries Lansing and McAdoo, and
William Penman, chairman of the federal shipping board,
and there was every indication that he was mapping out
comprehensive plans for the protection of American in
terests in any eventuality.
It is generally conceded that already a virtual state
of war exists with Germany, in spite of the technical
armed neutrality status of the United States.
A suggestion advanced tonight was that the president
might issue a call for congress to meet within ten davs
andjn his proclamation point out the new situation facing
th nation since he asked authority to establish a state of
armed neutrality. No one professed, however, to be m
the president's confidence.
The president authorized the expenditure of the
WASHINGTON. March In an
epochal decision holding congress to
be clothed with. a,ny and .all power
necessary' to keep 'open the channels
of interstate commerce, the Supreme
court today, dividing; five to four, sus-
'talned the Adamson law as constitu
tional and enforceable In every fea
ture. The Immediate effect of the decision
will be to fix a permanent eight-hour
i basic day In computing wage scales
' on Interstate railroads, for which a
nationwide strike twice has been
threatened, and to give, effective from
January 1 this year, increases In wages
to trainmen of about twenty-five per
cent, at a cost to the railroads esti
mated at from 140.000, 000 to 60,
000,000 a year.
.Subject to Congress.
The court, through Chief Justice
White, declared both carriers and
their employes, engaged In a business
charged with a public interest, sub-
Ject to right pf congress to compul-
sorny arunraie a uispuie uhuciiiik me
operating of that business.
"Whatever would be the right of an
omploye 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
limitation when employment is ac
cepted In a business charged with a
public interest and as to which the
power to regulate commerce by con
gress applied and the resulting right
to fix ih case of disagreement and dis
pute a standard of wages as we have
seen necessarily obtained."
tnipinisUes Position of Men.
In delivering the opinion, the chief
Justice departed at this point from
his written text to emphasize the po
sition of men operating trains in a
time of national emergency by com
paring them to soldiers facing an
enemy.
Coming on the heels of the conces
sion of the eight-hour basio day by
the railroads at New York to avert the
threatened strike, today's decision is
regarded as largely supplanting that
agreement, and, also, removing for all
time, through the broadest Interpreta
tion of congressional authority out
lined by the court, the probability of
future transportation paralysis.
Joining in with the chief Justice in ,
sustaining the law were Justices Mc
Kenna and Holmes his immediate
seniors in point of service and Jus
tices Brandels and Clarke, Junior
nous rea-
Devanter,
OONTlNUn Olf PAQB TWXX
congress to taKe any action necessary
to maintain freedom ana uninierrup-
tion of interstate commerce. Either
as a law fixing wages or hours of
labor, the court decided, congress had
authority to enact the Adamson
statute.
It also declared that the Adamson
act Is neither unworkable, confisca
tory, experimental nor in excess of
congressional railroad regulatory au
thority, but in effect, was compalaory
arbitration, a power '"which It (con
gress) undoubtedly possessed" and
"inevitably resulted from Its author
ity to protect Interstate commerce In
dealing with a situation like that be
fore it."
Concurring In the roan principles
enunciated by the majority. Justice
McKenna expressed the opinion that
the law is an hours of services and
not a wage-firing statute. He also
suggested increase of railroad revenue
probably would be provided If wage
Increases resulted.
rrt writing Optntnae.
The dissenting opinions Jostle
Day and McReynoids delivering indi
vidual views and Justices Pitney and
Van Devanter Joining Is) eta an
nouncementvariously assorted that
tho damsoa aot la vols Vocaua It Is
beyond constitutional powers of con
gress; because It takes railroads' prop
. erty without Una 'process -of taw, or
because It is not an hours of labor
statute nor a legitimate regulation of
commerce.
Justices Pitney and Van Devanter
denied that congress has power to fix
wages of common carriers' employes
a power upheld by-the majority.
Justice Day did not Mm it or deny
such power, dissenting because, he
said, the law illegally takes railroad
revenues and gives them to the train
men by "abltrary, illegal, congres
slonal flat."
In upholding the statute, the ma
Jorlty reversed Federal Judge Hook's
aecree enjoining Its enforcement, and
dismissed the railroads' test suit, leav
ing the federal government free to
enforce the statute under its stringent
penalties. jjismlssal of, about 600
other railroad Injunction suits, sus
pended under agreement between the
government and the roads, will fol
low as matter of course.
The wage increase sustained, dates
back to January 1, when the Adam
son act was made effeciive. Railroads
nave been keeping account of train
men's wages due for prompt payment
upon today s decision. The tempo
rary wage Increases are effective un
der the law until the Ooethals' com
mission reports, while the future
wage scales under permanent eurht
hour day standards will await either
private or congressional action after
the report.
That tho railroads will ask either
congress or the Interstate commerce
commission to authorize rate in
creases io meet tne increased wage
costs emauea nan oeen plainly lndl
cated through all stages of the con
troversy.
Attorney General Gregory said to
night the court's flndlne was natural
ly gratifying to the government, and
a no en:
"The decision disposes of the large
questions immediately Involved, and
will likely have a bearing on other
issues which rosy develop."
Majority Opinion.
The majority opinion as delivered
by Chief Justice White fellows in
part:
"Was thers power In congress un
der the circumstances Existing to
deal with the hours of work and
wages of railroad employes engaged
In Interstate commerce. Is the prin
cipal question here to be considered.
"Its solution ss well as that of
other questions which also arise will
be clarified by a brief statement of
the conditions out of which the con
troversy arose.
"Two systems controlled In March.
1918, concerning wages of railroad
employes: One. an eight-hour
standard of work and wages with ad
ditional pay for overtime, governing
on about fifteen per cent of the rail
roads: the other a stated mileage task
of 100 miles to be performed during
ten hours with extra pay for any ex
cess, in force on about eighty-f?ve
per ceat of the i-nadn.
Formal Demand.
"The organlxat.ft.s representing the
employes of the railroads in that
month made a formal demand on the
employers, that, ar to sll engaged In
the movement of trains except pas
senger trains, the or.el hundred mile
task be fixed for eight hours, pro
vided that It wss not done so as to
lower wages, and provided that an
extra allowance for over:me calcu
lated by the minute at one and one
half time the rate of the regular hours
service be established.
"The demand msle this steuidard
obligatory on the railroada but op
tional 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 were as follows, except the one
which" reserved the opinion which is
In the margin, and others making
Article I applicable to yard and
ewi torching and hostllnr service.
"Article I (a) in all road service
1 eft miles or less, eight hours or le
GERMANS' RETREAT
IS MORE EXTENSIVE
Women and Children Credit
America With Keeping
Them Alive.
FROM A STAFF CORE8P'OIN
DENT OF THE AHtiOC I ATfciD
PRESS AT THE FRENCH FRONT
IN FRANCE, Sunday, March 18, (Via
Paris, March 19.) The French troops
made one of the most significant ad
vances since the beginning of the war,
yesterday and today. Along a sixty
kilometre front some hundreds of
square kilometres re-fell Into the
hands of the French, while the Ger
man s retreating movement gave no
evidences of coming to a halt. This
Immense tract or reconquered terrl
tory was traversed today by a corre
spondent for the Associated Press
who found the Inhabitants In many
places where they were allowed to
remain by the Germans, tearfully Joy
ous at the re-appearance of their fel
low countrymen coming In as victors.
Gratitude to America.
Among the first words from the
women and children, who had been
for thirty-two months in the hands of
the Germans, were expressions of
gratitude to America.
"Americans have kept us alive;
otherwise we would have died of
hunger."
This was absolutely spontaneous,
the stricken people not being aware
that an American correspondent was
present.
These people are the first In north
eastern France to have an opportunity
to give free expression of their feel
ings and their appreciation of the
American effort In their behalf is an
example of the general sentiment In
the stricken districts.
Signs of a hasty German departure
are visible everywhere, especially In
the villages and towns, In the shape
of houses blown to fragments by the
explosion of Incendiary bombs. In
the distance burning villages showed
that the retreat was still progressing.
Here and there were a few corpses of
German soldiers, who had evidently
been killed while acting as rear
guards. Former German position
are Just heaps of scattered wire en
tanglements and the trenches are half
filled with water.
No Respite- Allowed.
Supply columns are proceeding In
every direction following the French
pursuing troops who keep close on
the heels of the retreating Ger
mans, not allowing them a moment's
respite.
The Associated Press correspondent
entered the area reconquered at
Lasstgny, which suffered hsdly. not
a house escaping damage. The Joy of
The British and French forces in France are still
pressing rapidly behind the retreating Germans all alone
the frcnt from the reoion of Arras tn tho rinrfhpnsr nt
Soi.ssons.
Forty more villages have been taken by the British',
who during Monday's operations gained ground at various
points, extending from two to eight miles in depth, vhile
twenty additional villages and small towns, in addition to
100 oeeupiedf during- the last thre6 days, have beeii re
caotured by the French. So rapid has been the advance
of the French that they have penetrated beyond the vil
lage of Ham, twelve miles southwest of St. Quentin, and
beyond Chaulnes, which lies some fifteen miles north of
the line from which the offensive was started. These,
operations from the south and southwest are menacing the'
St. Quentin-Laon line and if the rapidity of the move
ment is kept up for any length of time will menace the
town of St. Quentin itself.
Devastating Country..
The Germans in their retreat are devastating the
country, burning villages and destroying orchards and
even blowing up farm lands, in which great craters have
been left by explosions. In addition, bridges have been
destroyed and roads of communication cut. The ' in-
CONTlNXJB!D ON PAGE TWO)
FIRES ON IN OPEN BOAT
FROM RELIEF STEAMER
Eight Men in Boat Are
Killed by Exploding
Shell.
STEAMER ESCAPES.
AMERICANS AMONE LOST
Fifteen Members of Crew of
Stricken Steamer Were
Killed.
CAPTAIN TALKS.
1 i Continued ea Pegs Tare.)
an five seamen embarked. The boat
the Inhabitants at the almost lncre.1- i waH then struck bv a shell and all
Ible sight of French soldiers enter'ng ...srlit were killed.
a tor n within an hour sfter the Ge-- "The Sellen put on full speed ahead
mar.i devsrted on a'.u rd.i v afternoon, and the submarine disappeared."
was extraordinary, every par:i'nl
Frenchman or ally belrg embraced, j No Dutch steamer Sellen Is listed in
The crrf spondert rp-.V with many available shipping registers. There Is
women who oecisrei that tney oweda Outcn motor tana iseiene or 3.111
their own lives as wtl as those of tons gross, which was last reported
WVnON. March 10. A IJoat con
taining the first, second and third
mates snd five seamen of the Dutch
steamer Sellen (Slene?) chartered by
the Belgian Relief Commission, has
been shelled by a submarine and all
the occupants killed, according to a
Renter dlspatrh from Stavangor.
"The Dutch steamer Sellen." says
the dispatch. "has reached here
(Stavanger. Norway), bound for New
York, In ballast. She left Rotterdam
Friday, bearing the usual designation
of the Belgian relief committee and
was attacknd t & o'clock Saturday
afternoon by a German submarine.
"The Selien did not stop, but after iwl make affidavits tomorrow beforo
some shott. lowered a lifeboat in : tne American consul.
wnicn tne nrst, secona ana tnira mates
FALMOUTH. March II. (Via Lon
don.) Fifteen members of the crew
of the American stoamer Vigilancia.
lost their lives when the steamer was
torpedoed by a German submarine.
The survlvorR were In lifeboats from
Friday morning until Sunday after
noon. Among those drowned were several
American citizens. Including Third Of
ficer Nells P. North and Third Engi
neer Carl Adeholde. This Informa
tion was given out by Cuptaln Frank
A. Mlddleton. of New York, who with
the survivors of the Vigilancia, has
reached the mainland and probably
their children to American relief '(n
the occupied" territory.
At Malinsilrn fsrin. the Germans
evidently opposed with sorue consid
erable resistance the French advance,
the ground about being pierced with
shell holes like a sieve. Further along
the villages of candor and rgny.
many women snd children still re
mained, the rapid retirement not per
mitting the Germans to carry them
off with the mayor, the assistant
mayor and other officials. They as
serted that everything they grew in
their gardens was requisitioned by
tho Germans and the sole means of
sustaining life was the food dis
tributed by the Americans. Every
sailing from Philadelphia January 21.
for Gothenburg, Sweden.
OONVENTIOX rAILED.
CHICAGO, March If. The na
tional executive committee of the so
cialist party today sent out a call for i but the other fifteen were drowned.
what It termed "an emergency na-
To the Associated Press. Cantaln
Middleton said today that his vessel
was sunk without warning. It was 10
o'clock Friday morning with the
weather clear, when the ship was
struck by a torpedo on the starboard
side near the No. 2 hatch. Two tor
pedoes were fired at the steamer, but
the first passed harmlessly astern. Be
tween seven and ten minutes after the
steamer was struck she foundered.
Two lifeboats were lowered from
the Vigilancia and the crew of forty- '
three men got Into them. Owing to
the swell of the ocean, however,
twenty-five men were thrown Into the
water. The boats of the captain and
the mates picked up ten of the men.
iContlauod ea Pag Two)
tlonal convention" to consider the at
titude of the organisation toward im
pending war. The convention will be
held In St. Louis. Mo., beginning
April 7.
THE WEATHER.
WASHINGTON. March !. Foro
rast for North Carolina: Fair warme
Tuesday: Wednesday fair.
Third Officer North, or tho Vlgilan.
rla. was born In Denmark, but was a
naturalised American. Tho name of
Engineer Adeholde was not contained
in the list of tho crew given out in
New York. Sunday night. This list
said there were forty-five men la tho
ship's company of whom twenty-one
including Captaia Mid diets, voia
AJBerica&s, - J