Newspapers / The Charlotte Herald (Charlotte, … / Aug. 1, 1924, edition 1 / Page 3
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Astounding Statement , jlft Chief Justice—Miners j|pe Set Free* Washington, July 31.—After h: .ten years of litigation in the Coronado case, organized •.»minors have defeated an attempt to raid their treasury for danmges be* cause of a lockout in Arkansas. : The federal court of appeals at '-St.- Louis, Mo., has ruled that mining is not interstate commerce and Is not under the Jurisdiction ~"df the Sherman antitrust (law. ThiSj, decision is *based on views ie^tprlssed by the United States supreme court when the* case was before it two years ago. ~ x An Arkansas cdul operator (Bache) started the court * pro* ceedings When he broke his con tract with the miners and declared for the antr-unioh shop in 1914. Mpre guards and strikebreakers were imported and the inevitable violence followed. The Coronado company and interlocked concerns United Mine Workers of the Arkansas miners damages, alleging interfere with in* cdhspm _ _ » t&state *^P&erCe " Undor fhs ahti-tro*- damage — * * trebled, and * the miners were held in damage* amounting to ^2,209,000. Lverj idWer court Upheld the award. ' The United States supreme ; court" took <&e international union <sVfi of the *case’ because that body had nothing to do ■with what was proven to be a loca ' strike. The court also ruled that the mining of coal is not inter state commerce and that undei the antitrust law it is necessarj to jprove that a conspiracy tc ;s actually interfere with -interstate commerce exists, and that' £ Strike, in- which interference i< •Ai incidental, Irtrtffraife. WkfMBrtfcfefe jUrfei ■•■• j&m court remanded the case lb tfcb lower eou*t loir retrial on the basis of these views, which wefcq then upheld by Fed* .era! Judge IBollObir < Kansas dis trict) . The company annealed to the circuit court, of appeals at St. Louis, Moi, which has just deicded in favor of the miners. These "decisions probably end the litigation, which has Cost the United Mine Workers vast sums of money. . While the miners have wo* ', a most important case, out of /he contest comes . sinister dec/ yra-f tionS by the United States Su preme Court that. Will not be overlooked by opqoheitts of or ganised labor. ; • Trade unions can be sued under the anti-trust law, said Chief Jus tice Taft. It is significant that since- that declaration was made, two years ago, agitation for the incorporation of trade unions has subsided. - i “Coal mining is not interstate Commerce and the power of con gress does not extend to its reg- j illation as such,” said the chief justice. This is in line with sim ilar' statements made by the court in other cases, and is espe cially pleasing to coal owners who are resisting every attempt at federal regulation. The chief justice, however, gave hotice that while coal mining is beyond control of congress, the ieurts, rather than a jury, Will pass judgment on the legality of the workers’ efforts to unionise mines. - - “If unlawful means,” said the chief justice, «*“had here been used by the national body to unionize mines whose product was-jir^op tant, actually or potentially, in affecting prices in interstate com ftierc'e, the evidence in question Would Clearly tend to show' that that body was guilty of an ac tionable conspiracy under the anti-trust act.2’ : • Chief Justice Taft jfepeatedly stated that the , United Mine Workers of America had no con nection cr association with the Coronado lockout and therefore Could not be held for damages. Despite these declarations, the chief justice made' this astonish ing statement £ ;' , / ’ * “The circumstances ' are such Xm'iniiiihliliipi Just c;' , - Traded — Buicks to ‘awaken regret that in oajr vjkw of the fcderalv jurisdiction We can not affirm the1 judgment” (of the lower c©8tts against the United hfhte Workers** s v In other words, the defendant is innocent of every charge made against him, but we regret that we can hot find him guilty. GEORGE BERRY POkrr^acii victim (Continued From Page 1.) assembled and the roll call began, the roll call proceeded as usual down to the finish. Berry was far in the lead, with 368 1-2 votes. On th^ surface it looked as it there would be more Jtmllot ingr>with., Berry’s: chances, better itha^ even.;> - There,.,-were.known .Berry. Vvctejs that f had, , gone - ejse One lot of white overalls, special, pair • • \ The very latest thing in ments have just tome in and they are absolutely guar I anteed to give satisfaction Union^made collars and belts—women’s and children’s dresses dishes, glassware, aluminum and silverware All Shoes and Sandals Half Price 315 East Trade St. Wfeefe as a compliment, on that bai-. j lot. - ^ Saving to Bryan as. Delegatcs Obey ( Orders. , ; j But tfciere was a drag in the pro ceedings. 'The tellers did not an nounce the result as quickly, as , ufcual. Soon the reason became ( clear. .Someone arose to announce a change of vote to. Charles Wi Blryaifr Then •came another, and another. The orders were going into effect. The tellers stalled ^.nd' tie chairman stalled—the stalling was m&rii’uj though obvious. Nothing ever was more plain than the carrying out of orders in that convention in those early morning hours. Major Berry was being safugh tered on the altar of (political ex pediency—or what seemed like political expOriency to John W. ;PaVis and the Democratic party bosses* •; ■ ■ ' Delegation after Relegation changed its vote to v Bryan, 'on orders. Massachu setts^which had split its vote at first, rebelled and [changed its whole vote to Berry. ;So did Ohio, where William Green, ! ! secretary-treasurer of the United iMine Workers, had refused to cast ibis vote for Davis. i Voting Uelayed to Help oryart. | The chairman dragged the pro . ceedings along, offering as a rem' son that the tellers could not keep rfi with the changes. This was a laughable transparency. Time was in reality being given .for, the va rious state bosses to whip their -delegations into line for Bryan. jTTie little conference across the j street, where the presidential nom jinee was closeted, needed time to get the word all down the line. 'Two hours went by while 4he vote changing process Wias under Way. Finally, when Bryan had garnered 729 votes* only four more than the required two-thirds^ thq result was anonuced without difficulty or delay. It is worth noting that the Pam ama Canal Zone delegation, .which had split its vote at dr£, paying : some other ’ candidate*’ a 'ebmplf ment, was among the first to ask j recognition from the chair when jthe changing (process began'and j they realize^ the frame-up to pre vent a second ballot. It was the last delegation to. be recognized. It then swung its 'six vot^s to Berry. One 1 amazing fact remains: Charles W. Bryan w.as not placed in nomination until after the re cess at midnight/ Nominations had been completed* with sixteen candidates in the race. Bryan’s entry into the race and his sub sequent nomination were the re sult of orders issued in the mid night conference. When the first ballot had been completed, and before the ordered changing of votes had begun, Ber ry had 368 1-2. votes, while Bryan tad only 338 14L Bryan clearly was not th$ frefe choice of the convention. Ke was steam-rollered nto nomination. Walsh Absent During Balloting. £ During the entire period con- '» stirfiied by "the voting and vote- ? •hanging, Permanent Chairman fhomas J. W^lsh wal not in the • chair. It was announced from the - platform that he had gone to his rooms, exhausted. Many persons believe, however, that Walsh (pur posely left the convention hall rather than preside over a Session the nature of which he must have known before he left the hall. There are varying explanations of why Berry was thrown aside and why Bryan was. nominated. It is known that William Jennings Bryan, before the nomination of Davis, had publicly branded Davi3 ‘ as the candidate of Wall Street, that he had silked in his^chair when the nomination finally was made and that he did not declare denfiiteiy that he would whole heartedly support Davis until after Charles W.. Bryan was nom inated for the vice-presidency. SENSE FROM • n CONGRESS 3 “A national system of em ployment offices, each in touch •With alt Others, can. meet any possible labor shortage by an adequate system of intelligent dixtributfao.tfc. It can take up the burden of proper distribution of immigrant labor as welt, to relieve to some extent the con gestion of cfties.”—Represen tative Scott Leavitt, of fcion- * tana, in Speaking on the Need of a- Greeter National Employ ment Service. “Of the iniquity of lynching in America no civilized person, to say nothing of one Whose conscience has been trained in the school of Christ, needs longer to be convinced. * The danger which this form of vio lence constitutes for orderly gOverntheht is appallingly c-b ^cu*.”—Representative L. C. Dyer, of Missouri, in Ut-ging \nti-Lynching Legislation. “1 am opposed to the /law essness, Secrecy, methods, big »try and intolerance of the Ku vlux IClan. In this matter tbe Constitution is my guide and will follow its inspiration nd abide the consequences.”— tejpresentatlve Harry B. Hawes, f Missouri. Rock Island, Jll., July 24.—Car centers in this city, Davenport, and Moline have secured a two year agreement and a wage in crease of 12 1-2 cents an hour. Fhe new rate is $1.12 1-2.
The Charlotte Herald (Charlotte, N.C.)
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Aug. 1, 1924, edition 1
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