Newspapers / The Charlotte Herald (Charlotte, … / Nov. 30, 1923, edition 1 / Page 2
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ASHEVILLE’S LEADING CITIZENS TESTIFY TO MBS’ CHARACTER (Continue From Page One.) . Roberts, John Taylor, R. L. Jenkins, E. A. Hall, W. M. Ponders, and EVERY JUSTICE OF THE PEACE of ASHEVILLE TOWNSHIP; and 45 of Asheville’s leading business and professional men. These men were practically unani mous in declaring that they had no knowledge- of disturbances of the peace or violations erf. any. laws or rights of the publishers'of The Ashe ville Citizen and The Asheville Times and had only the highest regard for the defendant printers and that their conduct was at all times that of peaceable and law-abiding citizens. In addition to the above affidavits, officers of the law swore that one of the special guards used by Charles A. Webb for police duty was a law violator, and six of the most promj ent citizens of French Broad town ship came to Asheville to testify to the bad character of another witness .or the plaintiff publishers. Counsel for the Asheville Typo graphical Union made a further an swer and defense to the alleged cause of action of the plaintiffs, The Citi zen and The Times, in'asking th/rt the injunction be made permanent, and by way of counter-claim, the Union defendants say and allege, as follows: That the defendants are law-abid ing citizens and residents and ptoper -- ty owners of the city of Asheville and have been and now are ready and willing to respond at any and all times to calls of government duty; that the defendants do not deny that they lare members of a legitimate or ganization which has for its purpose the development of efficiency, loyalty and accuracy in its members and above all the promotion of health and welfare of mankind; that the organization endures and exists for this fundamental economic principle. That on or about the 16th day of October, the defendants as free American citizens terminated their employment with the plaintiff and ceased working for it for the reason that their contract had expired or was about to expire and the defend ants had requested the plaintiff to insert an arbitration clause into the contract renewal; that such an arbi tration clause, the defendants are ad vised and believe, was reasonable and just for the publishers organization to which the plaintiff belonged recog nized and admits the just principle of arbitration; that the principle of arbitration is comprehensive in scope and universally recognized in the na tion and is being advocated as the mode of settlement of national dif ferences in international courts of ar bitration and judgment. That the defendant, Frank J. Torlay, is the exponent of this en lightened principle of the Interna tional Typographical Union and of the Asheville Typographical Union N'o. 263 and the said Frank J. Tor lay came to Asheville at the request of the defendant, the Asheville J£y-. pographical Uhion No. 263, for the purpose of getting the plaintiff^ and ’ his co-dependents to reach atjusc'-anii equitable agreement, affecting .tfeetir relatione and for the further purpose >f averting or avoiding the disagree^, ment and strife; that the act and con duct of the plaintiff and its owners and officers in approaching other printers and printing houses in an effort to prevent the making of new contracts or continuing the old or em bodying the principle of arbitration, made it improbable and ultimately impossible to reach an agreeable un derstanding; that, while the friendly negotiations were on and the defend ant, Frank J. Torlay, and his co-de fendants were making an effort to reach an agreeable understanding and effect an equitable contract the plaintiff while professing a spirit of fairness was at the same time im porting employes to.fill the places of employment then held by the defend ant.v That the wage of a master printer in Wilmington is $52.00 a week; that the same grade of efficiency in Ashe ville is paid for regardless of the size bf the family of the printers on a basis of $46 per week; that'the plaintiff takes the money from the advertising public on the principle of the high cost of . living in the city of Asheville but refuses to recognize this principle or submit the same to arbitration when dealing with its em ployes; that the defendants appre ciate and realize that, in their co-op erative struggle to betetr the condi tions under which ' they must earn their daily bread, by suggesting the incorporation of the aforesaid prin ciple of arbitration in their contracts; that it is largely an educational-cam-; paign ancf the same is often tempor-' arily thwarted and sometimes defeat-, ed by rapacious employers such as the plaintiff that' pray upon the pocket books of the advertiser^ but refuses to meet any overture on the part of, the employe which would tend to bet ter the living condiitons of either himself or family. That tiie defendants are' advised and believe that under the supreme written law of the land that the right to strike and to appeal to the reason of the fellow employe in a peaceful and logical manner, called picketing, is sacred; that the defend ants are further advised and believe that as citizens of Asheville, that the privilege and the right under the supreme law of the land to strike, picket, drive over and walk over the pubjlic streets and public alleyways leading to the property of some of the defendants is inherent and that by reason of the fact that some of these streets and alleyways are lo cated in the neighborhood of the property of the plaintiff does not de prive the defendants of the right of traversing the same and continuing to use the same in a lawful manner; that they have done nothing to de-. prive themselves of this right and that the, privilege and right to exercise of the option to strike ahd to picket and to have the use of our public streets and alleyways is a great fun damental privilege, amply safeguard ed by the law of the land. That the defendants have made no threats, have attempted to intimi date no one and have not used vio lence towards any person, employed or seeking employment of the plain tiff ; that the defendants have done no (injury to the plaintiff or its employ es; that the defendants are advised and believe that a conspiracy is an agreement between.two or more per sons to do an unlawful act; that the defendants have not conspired to do an unlawful act and any charge to the contrary is a creature of the im agination, and food for the racapious appetitie of the plaintiff unfounded in fact, conceived in perversity and unconscionable to the still small voice of justice and rieht. That the two newspaper publica tions, one the plaintiff in this ac tion, as the defendants are advised and believe have, according to a pre conceived plan and iline of action counselled and advised together and have made an effort to secure tie co-operation of other printers in the city of Asheville for the purpose of depriving the defendants and their employes, in their contracts, of the privilege of the great principle of ar bitration that these publications have jpter-changed or loaned material, labor, comfort and consolation to each other and have advised and convinced and conceived and instituted their 'dcMon for their protection for the rpprpgse of increasing profit of the publications and depriving the de fendants pr other workmen filling 'their positions in many instances of the actual necessities of life; that this action between the publishers and the plaintiff in the light of the per verted views of the plaintiff is legi timate, but the defendants must be, measured by the standard of the /plaintiff, deprived of the same privi leges and rights and the same free dom of action that, while the plain-, tiff rides in protected seclusion sur rounded by a golden halo of increase ing profits, the defendants are by this action compelled to walk with the freedom of this method of locomo tion restricted. That Asheville Typographical Un ion No. 263 denies having done the plaintiff or its employes either an injury or having committed a crime against the person or property of the plaintiff or its employes or any other e^son. That if the plaintiff has been dam aged at all, it has been damaged in its speculative profits by reason of its action and system of advertising. That the plaintiff and its officers and agents and- employes have con spired together and with the Ashe ville Times Publishife company to in stitute this action and the action of HOW TO GET IT! You have long dreamed of the time when you would own a home, you» very own. But, you have possibly not taken the first necessary step in the direction of realising your dreams. What is that necessary step? Why, it's Save! Save! Save! How Shall I save? By taking shares in the MECKLENBURG BUILDING AND LOAN ASSO CIATION which is the best medium known for saving. THROUGH BUILDING AND LOAN you can save and buy a home or, you can save and use the money in a hundred other ways to better your eondition. To have an amount of cash available, whether large or small, is always a comfortable feeling. Our Fall Series opened Saturday, September 1st, but it will remain open for several weeks yet. Come in any day and take shares. MECKLENBURG BUILDING & LOAN ASSOCIATION 36 West Fifth Street C. H. ROBINSON, President A. G. CRAIG, Secy. & Treat. FATHERS, MOTHERS AND CHILDREN —ALL INSURED IN— The Lafayette Life Insurance Co. And it is a Home Company—a North Carolina com pany. There is no need for us to tell you about the im portance of insurance—for the father, the ihother, the child. You know that no one should be without in surance. Then insure yourself and your wife and your children in a Home company. SEE SUPERINTENDENT MERRELL 301 1-2 West Trade Street—Upstairs the Times Company against the de fendants as these defendants are ad vised and believe, for the purpose of injuring the defendants in their good name and reputation in the commun ity and the plaintiff, its officers and agents and employes by reason of its wrongful act and conduct and the publication of defamatory matter and in causing the issuance of the re straining order herein as a result of the conspiracy aforesaid, to injure the defendants in their good name and reputation in the community by reason of the publication of the aforesaid defamatory matter and its acts and conduct in wrongfully pro curing the temporary restrainig or der herein .has caused these defend ants great injury and damage/'to wit: in the $uih of $25,000, which sum is especially pleaded as a coiinffer-claim to any alleged claim of the plaintiff, under the statute. Wherefore, having fully answered the defendants’ demand that plain tiff take nothing by reason of its al leged cause of action and prays the court to dissolve the temporary re straining order; that the defendants have and recover the plaintiff the sum of $25,000 by reason of its counter claim; that the defendants be per mitted to go hence without delay and recover their costs herein to be taxed by the clerk. The following is the official order as entered by the court in The Times lawsuit against the printers: This, cause coming on to be heard before Hjs Honor, Judge P. A. Mc EJlroy, judge presiding, at this term, upon the complaint, answer and evi dence offered' by the respective parties in support of their claims and contentions, and at the close of all the evidence, the defendants having demurred ore tenus on the ground that the complaint to constitute a cause of action and moved to dis miss said action on that ground, and after argument of counsel the court stated in open court thaj; he was of the opinion that the restraining or der should be continued to the final hearing if the complaint states facts sufficient to, constitute a cause of ac tion for injunctive relief, but that he was further of the opinion that the complaint did state facts sufficient to constitute a cause of action for injunctive relief, and would dissolve the injunction heretofore issued in full force and effect until appeal could be heard in the supreme court, pro vided the transcript would be dock eted at this term of said court and on the further condition that the plaintiff execute a bond in the sum of $7,500, conditioned as required by Chapter 58 of the Public Laws of 1921: A k UUW VII U1UUUU U1 f» ■ A Apt Jr * si, George Pennell, Gallatin Rob erts, and Guy Weaver, Attorneys for the Defendants Ordered, adjudged and decreed that the restraining order issued herein, and dated October 30, 1923, returnable on the 17th day of No vember, 1923, be and the same is hereby dissolved. Thereupon, the -plaintiff in open court, having prayed an appeal to the supreme court in the foregoing or der and judgment, and the court find ing that an injunction is the prin: cipal relief sought by the plaintiff, and upon all the facts in the said case said injunction should be con tinued and remain in full force and effect until said appeal shall be final ly disposed of, it is ordered by the court that upon the finding by the plaintiff in the office of the clerk of the superior court, entitled as in this cause a written undertaking, with sufficient sureties, in the sum of 57, 500 approved by the clerk of the court and conditioned as required by said statute, that said restraining order hereinbefore issued, and dissolved shall remain in full force and effect, upon pending the said appeal of the plaintiff to the supreme court of North Carolina, and until the hear ing and determination thereof. That it is understood and agreed that this appeal shall be perfected, docketed and heard in the supreme courst during the week for hearing appeals from the Nineteenth Judi cial District, i present term, unless the samp is continued on the motion of the defendants or on motion of the supreme court. Should the appeal be not heard by reason of the mo tion of the plaintiffs, then the re straining order hereinbefore dis solved and. continued, herein shall be dissolved. It is futher ordered that if the supreme court shall hold that the complaint states facts sufficient to entitle the plaintiff to injunctive re lief, that said restraining order here inbefore issued shall be continued until the final hearing. It is further ordered that the sum mons, complaint, judgment and ap peal entries shall constitute the rec ord to the supreme court. P. A. M’ELROY, Presiding Judge. BUSSES FOR RAILROADS FAVORED BY BUSINESS WASHINGTON, Dec. 28.—Link ing an organized motor transport with the nation’s railroads in the de velopment of a country-wide system of transportation is suggested by a committee selected by the chamber of comemrce of the United States. It is proposed to make sweeping changes in the handling and distri bution "of freight. Store-door col lection and • delivery to relieve con gestion within the crowded terminal areas of large cities, use of organ ized and responsible motor transport to relieve the railroads of various forms of uneconnmiml service in cluding the unprofitable shortr fcaflJj the wider use of self-propened i<m Tyay cars and the extension of pas senger bus service to supplement ex isting facilities are recommended. To pave the way for these changes it is suggested to regulate common carrier operations of motor vehicles by the federal and state commissions, and the systematic development of highways in response to general traf fic needs. THOUGHTLESS. Effie.—“Why hasn’t Daddy much hair?” Mother—“Because he thinks a lot, darling!” Effie—-(pause)—“But why have you got such, a lot, Mjumjtnie—?” Mother—“Get - on - with - your - breakfast! ! !”—London Opinion. OVER AT BELMONT IS INSTITUTION OF UNTOLD VALUE TO MANKIND (Continue From Page One.) received all the education they had wanted to obtain. He thought of his own struggles, and then he looked at that magnificent school building, standing there in darkness, night af ter night, and he solved another problem which was solved through both the rules of arithmetic and of the heart’s training he had received. Why not bring these men and wo men to this splendid building, at night time, while the children who use the structure in the day time are at home asleep. And, like the pioneers in all pro gressive and good movements, he stopped the dreaming and set to work to make the dream come true. It has, thank God, come true,— this dream of his, and has added glory tp the already glorious record of the Belmont Vocational School! Every Tuesday night, and every Friday night, lights shine in the Belmont Vocational School building. Down there in the specially prepared class rooms are groups of serious men, young men, middle aged men, and men who have long since passed the middle milestone of life. Serious, did I say?' Yes, serious, but a happy seriousness, an earnest seriousness. Among the number are men whose children attend the school in daylight hours, and these men are there fof the same purpose that leads the little Ones there day after day. These groups of men are there to study, and they Study, with the em phasis on the capital S. There are sheet metal workers, plumbers, steaif fitters, auto mechanics, textile work ers, and soon there will be more trades and classes. They are not men who are studying so they can fill a position—they’re already filling positions, doing Charlotte’s work each day. They’re studying to better fill the positions they occupy and better perform the labor they love to do, and abpve all, to better enjoy the performance of that labor, and to better enjoy their lives as well. There are no drones there, in those classes. They’re among the finest and best men in Charlotte. They’ve had their practical training, and they’re all good in their respective lines. Many of them have been work ing in Charlotte nigh on a quarter 'of a century, and they have done good work, too. But there was lack ing something—a something that kept these men from living the life they wanted to live. That something is being supplied those earnest men, out there at Belmont, every Tuesday and Friday nights. That something was the lack of mathematical knowl edge, unfamiliarity with physics, the inability to express themselves as they wanted to express their thoughts about their work. Their practical knowledge was fine, but complex fractions bothered them. They well knew how to do things, but they wanted to know also the “why” it was done so and so. And on those nights, out there, after having done their day’s work, these men are learning all about the things that had bothered them here tofore. The classes are in session two hours,.each night. One hour is devoted to the study; of the actual work, drawing, fitting, cutting, etc., and in this class room -all the best ideas of all the workers are put forth and from'this exchange of ideas and efforts there is discovered the one best way to do a thing. The other hour is spent in study, with books and blackboards, and complex frac tions, and physics, and causes and ef fects, and all the “book-learning” necessary to an earnest man in his particular work, are threshed out. Now if any one has had any idea that these men are illiterate, that idea should be abandoned at once. They are nbt there to to learn their a, b, c’s. They’re there getting the higher education in their particular line of work—something they had No Need To Fuss About It If you bought a car that had been used, and it was pur chased ffr>m some one who had not told you the whole truth about it, and the thing will not run for love nor money nor with gasolene or kerosene, there’s nothing- to gain by los ing your temper and fussing about it. WE TELL YOU THE TRUTH. THE WHOLE TRUTH, AND, NOTHING BUT THE TRUTH— About the used cars we sell you. We do this for two reasons: FIRST—We like to be hon est. SECOND—When we sell a car that has been used, we al ways hope to sell that same person a new; car some day, and if we fool him' about the used car, we have little chance of ever selling him a new car -—therefore we TELL THE FACTS about used cars. We have some genuine bar gains in used cars, and we’ll sell them on very easy pay ments. s Dajl-Overland Co. 436 W. Trade , Phone 2596 no opportunity to' obtain in their school days, because there were no Belmont schools back in those days. The men who are studying out there are sure-enough, God-made men. They’re “up to now” on' current events and world affairs. If you doubt it, just go out there some night and start a debate. You’ll get satis faction. The thing they heeded and the thing they’re getting is that rounded knowledge of their own par ticular work—that something which they failed to get while learning the practical side of the trades. And that’s not all. In those class rooms are employers, foremen, office men,- workmen. Shoulder to shoulder, with heads close together and minds centered on the problem they’re working out, there’s no telling just who’s who. Those who teach are theoretical ex perts, and the students are masters of their trades from the practical standpoint. In bringing theory and practice together, there in the class rooms, and in solving the problems that arise it is no pink tea affair. They study like they work, with just as much energy and there is no soft pedal on the noise side of it, either. But in the studying and the arguing back and forth, there is brought to the surface a .concrete democracy that would cause Thomas Jefferson untold joy co^ld he but draw aside the curtain that hangs between the spirit land and Belmont Vocational school. Comradeship is one of the by-products of this class room work —arid it is an instance where the by product is just about as valuable as the principal item. It is said that practically every em ployer in the city whose work is done by the men in the classes are supporting this school both with their personal interest and their pocket books. • Nor do these workers stop their studies when the two-hour period ends. Just"'you listen at them, on the street cars, or on the street cor ners when comrades gather after work hours,Jand you’ll hear a contin uation of the discussion of the last problem or theory that was “on the board” when the class adjourned. It is said by some, but this is a secret, that many arguments, heated and in tense, take place on the jobs, too. This goes to show the great interest the men are taking in their school work. Still this is not all. The biggest thing being done in the Belmont Vocational School ,is that creation and crystallization of respect for labor. All too long have teachers and par ents held up to the youth of the land some great character who reached the height of fame as a warrior, a politcian, a doctor, etc., urging boys to emulate the example, of that par ticular hero, if they boys would be real men. All too little attention has been given the importance of teach ing the boys that the man who is real ly a hero, is the man who fills his particular place with credit to him self and to his community. Not all our boys can be lawyers, doctors, politicians, warriors and statesmen. The work of the world must be done —and done properly. It is the foun dation upon which all safety and se curity rests. Therefore work, use ful work of whatever nautre, is the most important thing in American life. Then the youth should be taught that the man who does his just as big, just as splendid, as is the man who stands at the head of ar army, or who sits in the seats of the mighty. In this vocational school, where trades are t&ught, there is also taughl the same respect for those trades as is shown the profession in the cot leges and universities. In this school a, boy is taught that it is just as hon orable to be a carpenter, or a brick layer, or a blacksmith, as it is to be a la'ytfyer, a doctor, or a public offi cial. The very fact that the boy is learning about his .trade, while iri school, gives the same degree of im portance to that trade as that taughl the boy who is studying law for his profession. May the day soon ' come when schools like the Belmont Vocational School will be found in every citj and town.—J. F. B. .PLUMBER'S LAW UPHELD, i Denver, coi., Nov, ,29.—The state supreme court has upheld the Coforado plumbers’ license law, de spite the plaintiff’s claim that the act “violates the rights of the indi vidual. n Unfortunately, most people read to get away from themselves and nol to fii|d< .themselvds; much of our reading therefore is comparable tc day-dreaming. Saturday last day to register foi school bond election. Register and vote your sentiments, whatever thej •tre. As for us, we are in favor ol the school bonds. JUICY CQPPER PROFITS ! NEW YORK, Nov. 28.—Lower| production costs and increased pro.' fits is the new record of the Utah;' copper company. Since last July! the price of copper has been steadily declining:, bht in the past nine months Utah has earned more than twice the amount necessary to meet its divi dends. Net profits were $4,035,095,' against dividend requirements of $1,-• G24,49t). t All Signs Point To— When folks want signs painted. Somehow one just naturally thinks of Wentz when they think of a Sign. WENTZ SIGNS 216 East Fifth St. To Cook ONLY 40 CENTS Long’s Cafe 12 South College St. WENTZ The Mecklenburg Dairy Company, Inc. HIGH GRADE pAIRY PRODUCTS Corner East Fourth and Caldwell Streets J. A. YARBROUGH ROBT. El M’DOWELL N. J. ORR President Vice-President Secretary-Treasurer Distributors Of PASTEURIZED, SAFE, SANITARY, QUALITY “MECKO” Sweet Milk, Butter, Sweet Cream and Buttermilk \ “MECKO”ICE CREAM in REGULAR and SPECIAL MOULDS of FANCY DESIGNS. QUALITY FOOD. PHONES 3636-4855 CHARLOTTE, N. C. PRITCHARD PAINT CO. Successors to Ezell-Pritchard Company Paint,, Glass and Painters’ Supplies 12 and 14, West Fifth Street . " ' " “H* Charlotte, N. C. A PAINT STORE FOR 25 YEARS Make Ymir Plans For Painting Your Property Now* | COME TO SEE US OR PHONE 765 THE NEW LAMPS ARE HERE MAKE YOUR SELECTIONS EARLY Boudoir Lamps ..2.50 to $12.00 Table Lamps. . 12.00 to 35.00 Bridge Lamps. .. 15.00 to - 30.00 Floor Lamps .. . 15.00 to 50.00 A y > , All Lamps Sold On Easy Terms / ; “Service Follows the Appliance” Southern Public Utilities Co. PHONE 2700 * /
The Charlotte Herald (Charlotte, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Nov. 30, 1923, edition 1
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