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* 4 MID CRITICIZES « : SETTlflEIIT M Administrator Sends U Us Resign nntioB Following Stttteaent of Coni Strike Without Us Beta* Consulted, Says President Would Him, * \ Wshington, Dec. 13.—<Prftic4ple.8 un derlying President Wilson’g jlan tag the settlement of the coal strike, ac cepted by the mifters, as baaed* are ^‘fundamentally (wrong as a matter of government,” Dr. Harry A. Garfield, federal fuel administrator until today, tolfa hastily assembled subcommittee of the senate tonight. His resignation, sent to president Wilson because of bis views was accepted today with those of one or two of his associates, he-said. While discussing with sbfne freedom Cleavage in the cabinet” caused by strike settlement negotiations, Dr. Garteld withheld answers to questions by Senator Frelinghuysen, Jtepubli- ^Llhansttb* =^S^^eHHFs _ of th^ cabinet. Dr. commfttee, op matters he regarded with his former associates during the strike period. He adhered to this refusal, though Senator Townsend, Hepublican, Michigan, and Senator Myers, Democrat, Montana, joined the chairman in urging -replies, and re fused to furnish a copy of his letter of resignation, which he indicated had explained his views to the president. Senator Frelinghuysen intimated that Attorney General Palmer and otBer officials connected with the strike settlement would be called later. . “My objection,” Dr. Garfield said of th<* settlement plan, “goes to the point that the commission which I under stand will be set up to decide wages and prices will fye composed of three members. One to be a miner, another to'Te'a coil mine operator, and the third’tci represent the general public. TJnd$r It the public. Which is the chief party at interest; Would always be in the tnirfority.” ,;/ . • , . , "Has it been yopr experience with the coal Industry that employees and empiqyerk might have a common in terest hi increasing wages and co^ts and passing that increase on to the public ip prices,” Senator Townsend asked, “They may have that common in terest,” Dr. Garfield responded, quali fying his answer by saying that he was not charging that this would be .the necessary result. “I believe I represent the real opin ion of the president in the matter,” he said later. “That is, if I were able to see him and talk it over, because I know his mind.” Sketching the history of strike ne gotiations, Dr. Garfield explained that he- thought the members of he cabi net were standing with him in his sug gestion of a 14 per cent, increase in wages and an advisory commission to review the facts from which he derived the 14 per cent clause. When this was refused, he ’added. ’he thought the question was going to be “fought out.” Dr. Garfield would not produce a telegram sent him by Attorney Gen eral Palmar confirming that under standing for which he was asked. act to fix wages, but did hare power to fix prices, and the determination of reasonable prices involved finally a determination of reasonable wages. I drew up n statement of principles which I thought should govern the determination of reasonable wages, and submitted that to the cabinet.” “They were with you on that state ment?” Senator Frelinghuysen asked. “Yes, except as to the second of the principles stated,” Dr. Garfield re>\ plied. “That was one which said the average wage of workers in the -Industry ought to be taken as a guide in fixing increases allowed to meet the cost of living, and not the wages of a single group. Secretary of Labor Wilson desired the increase so given to be estimated on the wages of pick miners.” , “What was your objection to that?” Senator Townsend asked. “Basing the increase on the wage of pick miners,” iDr. Garfield said, “would have resulted in securing an average increase of 179 per cent. In wages In the Industry over the period, since 1913, when the secretary of labor conceded that the increase in cost of living had been only 79 net, cent.” Garfield said, supported, him, and some ^ieiaiy ur ?g?iwrwrgrnygfr?rf Discussing proposals.which he had submitted to the cabinet, Dr. Garfield said; “I had no power under the Lever agreement on the balance of the pro posal, He had finally taken the re sponsibility of putting through his settlement suggestion without secur ing a unanimous agreement of the cabinet. “I conceived myself to be the re sponsible officer,” he said, “believing that I had authority to determine price questions. The matter was not pre sented to President Wilson." Applying the principles laid down, Dr. Garfield said, he decided that 14 per cent would meet the increased cost of living and that operators could pay it out of profits and still keep enough mines running to supply the nation with coal under the fixed price of $2.35 a ton. The miners decided to refuse and continue the strike. War Time Prohibition Declared Constitutional Washington, Dec. 15!—By unani mous decision, constitutionality of the wartime prohibition act.was sustained today by the Supreme Court. The opinion, given by Associate Justice Brandeis, held in effect, however, that the war invoked “dry” period still may be terminated by presidential procla mation of demobilization. In rendering its opinion, the court, however, did not act on the validity of the Volstead prohibition enforce ment act or on appeals involving the alcoholic content of beer, leaving those cases to future opinions which may be handed down next Monday before the court recesses for the Christmas holi days. Today’s decision practically swept away all hope of a “wet” Christmas as the possibilities of the wartime act being repealed before constltutioqal prohibition becomes effective one month from tomorrow were consider ed remote. T’he Kentucky Distilleries and Warehouse company of Louisville. Kentucky, and Dryfoos and Bliim company. New York, TnsTiTuted for the post office compell- ing the government to release whiskey from bond. In both cases, the court denied contentions of Elihu Root and other attorneys for the distilleries that the act in vain of the constitution take private property without just compen sation, that the period of the war emergency for which the act was -passed had terminated, that the law was an interference with the state po lice powers and an undue exercise of the war powers of congress. 1 Congress did not intend for the war time act to terminate on the conclu sion of the war but at the end of the period of demobilization in the view of the court which held that the con clusion of the war clearly did not mean cessation of hostilities.” “Congress, therefore, provided, “the opinion added, “that the time when the act ceased to be operative should be fixed by the president’s ascertain ing and proclaiming the date when de mobilization had 'terminated.” Had the president on October 28th last, when he'vetoed the Volstead act believed that demobilization had ter minated, the coart said, “he wmRi doubtless have issued then a procla mation to that effect, for he bad mani fested a "trong conviction that re strictions upon the sale of liquor should end.” The Famous Jeweled % 4 4 and Records needles to change , You are invited to come in and hear the unusual tone of these instruments. 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