Historical Newspapers of South Carolina

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?SB ^JMTEB WATCHMAN, Esteb Consolidated Aug. 2,1 DECLARES COAL STRIKE ILLEGAL It is Beyond Pale of* Law De clares Attorney General Palmer PFOOF OF THE FACT TO BE FURNISHED Plan to Block Industry By Shutting Down the Mines Not Lawful Washington, Oct 29.?The govern ment will establish the "illegalilv"1 of the strike of coal miners "without in aby - way impairing the general right to/strike" as the "general right to strike is not an issue in any sense . whatever in the present situation," it was declared in a statement issued trmght after a conference in the of fice of Attorney General Palmer at which, he discussed the situation with ' Secretary Wilson, Director General -Hmes, Secretary Tumulty and Assist ant Attorneys General Ames and Gar ^an. The. statement, which it was said fully represents the attitude of the '. government, declared that the im pending coal strike "was ordered in a manner, for a purpose and with a .. necessary effect, which taken together, put it outside the pale of the law." The government will act in the strike under the provisions of the : Lever _food control act, enacted as a j .war measure but still in force. ^?'T3he position of the government in the impending coal strike was an nounced tonight by Attorney General Palmer as follows: "There can be no doubt that the government has the power in the pub tic .interest, under the law, to deal ?^kh'ft&e projected strike of the bitu minous .'coal miners, without infring tn'g'.upon the- recognized right of men ; ia 'any line of industry to work where j t^y^piease and quit work w-heh they jteaseJ, ^Thc illegality of this strike ct^ahd' will be. established without f.i any ; way impairing the general fright to strike, and the general right '\. to jstr%e is hot an issue in any sense " vthkisfer in the present situation. This is true because the circumstances dif .^SE^Cfake ? -tfes case-from the- cscse^ifc* \ 8?|r-crther strike that has ever taken jylft'ee in; this country. "It does not follow that every strike is lawftil merely because the right to Strike is recognized to exist Every case must stand upon its own bottom and be governed by its own facts, therefore when the president said in lUs statement last Saturday that 'such a strike in such circumstances' is laot only unjustifiable but unlawful reference was had only to the. condi tions in the impending situation. "The proposed strike was ordered in a manner, for a purpose and with j a necessasy effect, which taken to-1 gether, put it outside the pale of the law. After the war began, the pro duction of fuel was regarded as one of the subjects of such peculiar public importance as to justify a special statutory enactment. The fuel ad ministration was created to supervise j the subject and matters of wages as "Well as prices were considered and' Sanctioned by the fuel administration, j After the cessation of hostilites the i fuel administration suspended certain I of its orders but did not terminate) them, and they are subject to rein-1 statement at any time ' upon the | president's order and the statute un- I tUvr which the orders were made is| still in full force. "With this situation existing the convention of United Mine Workers at Cleveland, last September, decided to annul all wage contracts on No vember 1 and took the unprecedented step of deciding in advance of any op portunity for consultation either with ! the government or with the coal op- j ?rators to strike on November 1, un- j Jess satisfactory new arragnements Should be made. "Without any expression from the i workers themselves, their organiza- j tion promulgated a demand for a 60 j per cent, increase in wages, a six! hour day and a five day week, and j authorized a strike to be effective No- j vember 1, before the demands were even presented to the operators. The ] demand for a new wage agreement i Covered only a part of the coal fields j where operators had been given no j opportunity to even consider demands j for increased wages or decreased j hours.. All this has been done while j the miners in every field, through i their right of collective bargaining! had entered into a solemn contract, j with the operators, fixing wages and j hours for a definite period which has j not yet expired. The operators upon ; the insistence of the president indi cated their willingness to negotiate and arbitrate provided the strike is de ferred while the miners rejected the' president's request for abitration as: a means of settlement and refused i to defer the strike. "Some of the wage contracts were made with the sanction of ihe federal government, operating through the fuel administration, to run during th<v continuation of the war or until April 1. 1920. May others, however, run Until a time still in the future with out regard for the continuation of the war. "While it is perfectly plain that the war is still on and any contract running until its conclusion is still in force, whatever weight may be given to the argument that the successful Kfced April, 18(0. "Be Jest a 881. S COAL SUPPLY IS TO BE ALLOTTED Fuel to Be Distributed to Es sential Industries As Needed CURTAILMENT MAY REACH FIFTY PERCENT The Government Has Perfected Plans to Minimize Distress During Strike Washington, Oct. 30.?The revival j of the fuel administration to deal with conditions resulting from the coal strike will not be necessary, Dr. Garfield advised the cabinet today, holding that the war time powers of that body are now vested in the railroad administration which will have full authority to distribute coal to essential industries. While the revival of the fuel ad ministration is being urged by gov ernment officials to prevent hoarding and profiteering, the department of justice announced that it had power | to handle the situation under the food control ?ct. An executive order restoring max imum prices for coal will be issued by the president, probably today. Of ficials wculd not say what maximum price has been determined upon. Secretary Lane announced at a spe cial meeting of the cabinet that the government would not hesitate to cur tail the consumption of coal by indus tries fifty per cent, in order that coal on baud and that available from un affected nonunion mines might be equitably distributed to essential in dustries. The curtailment list used by the war industries board during the war would be taken as a basis, Mr. Lane said. Plants engaged in the manufacture of munitions might be cut on? entirely he stated. operation of the war, no longer re quires such, contracts, it has no appli cation whatever to the large number of such contracts, which expires at a fixed date .without regard for the war period.; The armistice did not end the war and the courts in many cases Jb&Ke. held that the war emergency, statutes ""are" still in force; the same rule must ? apply to ' war emergency contracts. The congress had held to this position so. late as October 22, when an act of congress was approv ed making even more effective the fuel and fuel control act. ? "The suspension of the restrictions as to the price of coal is not neces sarily permanent and conditions war rant a renewal of these restrictions at this time; and yet the government, if it reinstates the order fixing a maxi mum price, would be absolutely help less to protect the people aginst ex-1 orbitant prices if the contracts made under its sanction should now be de liberately broken. This does not mean that a change could not b^ negotiated and either agreed upon or arbitrated if proper protection of the public be accorded in the settlement; but it does mean that the public welfare in the war-time emergency must still be same permanent interest to be serv-1 ed by both parties. The government j is the protector of the public wel fare. "The proposed strike, if carried to I its logical conclusion, will paralyze transportation and industry. It will deprive unnumbered thousands of men who are making no complaint about their employment of their right to earn a livelihood for themselves and j their families; will put cities in dark- j ness and, if continued only for a few j days, will bring cold and hunger to j millions of our people; if continued j for a month, it will leave death and ! starvation in its wake. It would be a more deadly attack upon the life of the nation than an invading army. j "By enacting the food and fuel con- j trol act, Congress has recognized the vital importance in the present cir?j cumstances of maintaining produc- j tion and distribution of the necessi ties of life, and has made it unlawful for any concerted action, agreement or arrangement to be made by two or more persons to limit the facilities of transportation and production, or to restrict the supply and distribution of fuel, or to aid or abet in the doing of any act having this purpose or ef fect. Making a strike effective under the circumstances which I have de scribed amounts to such concerted j action or arrangement. "It is the solemn duty of the De partment of Justice to enforce this statute. We have enforced it an many caSes. We must continue to do so. ir respective of the persons involved in its violation. I hope it will not be necessary to enforce it in this case. "Indeed. I am hearing from many sources that large numbers of miners themselves do not wish to quit work and will not do so if assured of the protection of the government. of which they properly feel themselves a part. It is probably unnecessary for me to say that such protection will everywhere be given, so that men may exercise their undoubted right of con tinuing to work under such terms and conditions as they shall see fit. The facts present a situation which challenges the supremacy of the law. and every resource of the government will be brought to bear to prevent the national disaster which would inevi tably result from the cessation of min ing operations." man ind Fear not?Let all the ends Thou At UMTEK,, S. C, SATURI WAR ENDS WHEN TREATY IS SIGNED t _ t Proclamation Will Be Issued As Soon as Senate Ratifies German Treaty STATEMENT FROM THE WHITE HOUSE Peace Will Not Wait on Con sideration of the Austrian Treaty Washington, Oct. 28.?War time prohibition will be brought to an end by presidential proclamation imme diately after the senate ratifies the German peace treaty, it was stated today at the White House. Officials explained that the war time act pro vided that it be annulled by the pres ident when peace had been declared and the army arid navy demobilized. The White House announcement clears up any doubt whether the war will be legally ended with the ratifica tion of the German treaty. Some of ficials had expressed the opinion that the war emergency would not pass until the Austrian treaty is acted upon by the senate. New Haven, Oct. 30.?Mrs.'1 Ella Wheeler Wilcox, author and poetess, died at her home in Branford where she has been ill for some months af ter a nervous collapse while en-? gaged in war work in England. I GOVERNMENT TO USE IRON HAND Steps Will Be Taken Promptly to Meet Coal Strike Sit uation INTENDS, TO ENFORCE ~ - CRIMINAL PENALTIES Food and Fuel Control Law Will Be Enforced to Protect Miners Who Want to Work Washington, Oct. 29.?The govern ment moved swiftly tonight to meet the nationwide coal strike order fori Saturday. P?fusal of the miners' organization at Indianapolis to withdraw the order calling out half a million men brought instant announcemeivt that drastic ac tion would be taken to keep the mines in operatfon. As to those miners who go on ; strike and thereby curtail production f the food and fuel control law with its recently added criminal penalties [of fine and imprisonment will be en-1 forced without regard to persons. This attitude of the government. Attorney j General Palmer made clear, does not affect the right of workers to strike for redress of grievances in other1 cases where no violation of the law is! involved. I Every resource of the government! j in the words of Attorney General Pal- j I mer. will be used to prevent the "na- j I tional disaster"-certain to follow thei ! stoppage of work. Adequate police protection, with j troops as a last resort if neces sary will be given those men desiring,' I to remain at work. Reports from j government agents show that a big I part of the miners ordered to quit ! work will stay on the job. I Rights of the public will be pro j tected through revival of price con-: j trol regulations suspended when the \ ? fuel administration went out of ex- j I istence February 1. This means an1 early drop in the price of soft coal | ! and gives assurance aginst profiteer- j \ in?- , i I Mr. Palmer's announcement of the j j government's plans made after a con- ! I sultation with Secretary Wilson. Di rector General Hines. Assistant Attor- j j ney General Amos, in ch:\rge of pro I secutions under the food and fuel j ' control law. Assistant Attorney Gener- j I al Garvan. directing criminal prose ; cutions and investigations of the de-; partmont of justice. Secretary Tu-! ! multy. representing the president, and j Dr. H. A. Garfield. former fuel admin-' istrator. did not mince words in deal-; : ing with the strike. "The proposed strike.* the an- ! nouncement declared. "would be a' more deadly attack on the life of the j nation than an invading army. The I facts present a situation which chal-: lenges the supremacy of the law. j Director General Hines later issued) a statement showing that the produc tion of coal this year has been be I low normal. Paris. Oct. 20.?General Coanda. j former Rumanian premier has lveon ; i named as head of the Rumanian ; peace delegation. Coanda will ar-j j rive in Paris soon and will probably bring instructions relative to signing' the Austrian treaty. 1 mat at be thy Country'*, Thy God'a i )AY, NOVEMBER 1, 19] 2 AUSTRIAN GEN ERALS BLAMED j Censured For Orders Issued Be fore Armistice Became Effective CLAIM THEY LAID DOWN THEIR ARMS TO ITALY Italians Captured JThree Hun dred Thousand Prisoners as Result Vienna, Oct. 29.?Generals von Arz and Waldstaet, of the Austrian army. who. have been severely cen sored for ordering the cessation of hostilities November 3, 1918, thirty hours before the armistice with Italy became effective were heard today in a secret session of the commission appointed to investigate the charges. It is claimed that, the Italians co i cluded their offensive and captured more than three hundred thousand prisoners during the period men tioned, all Austrian posts having been ordered to stop firing. J. F. Wise, member of the House of representatives from Charleston, has sent his resignation to Wilson Gibbes of Columbia, clerk of the house, and Mr. Gibbes Tuesday sent a letter to the Charleston legisla tive delegation, asking that they name a date for an election of Mr. Wise's successor. WORLD LABOR CONGRESS OPENS Secretary of Labor Wilson Se lected to Act as Chairman of Conference MANY LABOR ORGANI ZATIONS ARE INVITED Employees Association Also Asked to Be Represented By Delegates 1 Washington, Oct. 29.?The first move of the international labor con ference, which formally opened here today, was to take steps to obtain the virtual participation of the United Statv in the conference although con gress has decided against the appoint ment of delegates prior to ratifica tion of the peace treaty. On motion of Baron Mayo des Plan ches, Italian government delegates. United States employers' and workers' organizations were invited unani mously to send representatives to take part in the conference, which is still I in a state of "being organized." j While no attempt was made to ob j tain the appointment of governmental I delegates, as such action would have I been in direct conflict with the decis i ion of congress, the United States I will be represented in the conference : through Secretary Wilson, who open jed today's session and probably will j continue as conference during the ma jjor portion of its deliberations. Mr. Wilson will be proposed by the or ganization committee as permanent chairman during the period of organ ization at the meeting tomorrow, and j in view of the universal custom of J selecting chairmen of international ! gatherings from the nation acting as I host, no objection is expected. Secretary Wilson said that he would accept the nomination in view of his . interpretation that the organization i of the conference can not be complet ed until the league of nations is cre ated, and that the United States is [charged by the Versailles treaty with ! the organization of the conference. The American Federation of Labor and the chamber of commerce of the ! United States were invited hy the or jganization committee to name the worker and employer delegates, re I spectively, to represent this country. Samuel Gompers, veteran chief of the federation will repreesnt the workers. Decision as to the choice of the cham ber of commerce will await the ar rival here tomorrow of Homer L. Fer guson, president. BUBONIC PLAGUE IN NEW ORLEANS New Orleans, Oct. 30.?Henry Dus Rendorfen a fruit handler at the ba nana docks, died yesterday from what was diagnosed chemically and mi croscopically as bubonic plague. No other cases have been reported. Celevlarid. Oct. 29.?The discovery of a radical plot to spread terroi throughout the nation hy another se ries of bomb explosions next spring was announced hy the police here to day, following the arrest last night offive men and one woman sus tfl tokpt planning the destruction of jBgiUge station here. m? Xntto'B." THE TB ?I L9. SENATE VOTES FOR PROHIBITION Enforcement Law Passed Over President's Veto By Ma jority of Eight CONGRESS FOR ANY THING AGAINST LIQUOR Law Makers No Longer Fear the Liquor Trust But Heed Anti Saloon League "Washington, Oct. 28.?The senate passed the prohibition enforcement act over the president's veto* today and made" immediate effective ma chinery for preventing sale of bever ages containing more than one-half of 1 per cent alcohol. The vote was 65 to 20, or eight more than the necessary two-thirds majority. While there was a wrangle over taking up the measure in place of the peace treaty, which had the right of way, there never was doubt as to how the senate stood. It was overwhelmingly "dry" like the house, which repassed the bill within three hours after the president had vetoed it. Before congress at 3.40 o'clock finally clinched enactment of the en force ment ;law, despite presidential objection to linking war time and constitutional prohibiton acts, there came from the White House the an nouncement that war time la^r? which was put into effect after the cessation of hostilities?would be an nulled the moment the senate formal ly ratified the German peace treaty. It was the most definite of all of ficial or semi-official statements bear ing on the war time act. Prohibition leaders were olainly disturbed by the news, for they had counted firmly upon the country reaching the effec tive date of constitutional prohibition ?January 16, 1320?wthout reopen ing of saloons. / Despite the clamor set up by wet and . dry forces over the White House pronouncement, senate leaders said they would proceed with considera tion of the treaty as heretofore. Sen ators who have taken an active part in tne prohibition campaign branded as unfair and absurd reports that they would delay the treaty simply to keep the liquor traffic from getting a foot hold in the comparative.y short pe riod remaining before the country will go dry for good. Formal denial was issued from the headquarters of the Anti-Saloon league that its officers would take no part in any movement calculated to delay the treaty. League officers stuck to the opinion that it would be necessary to first ratify the Austrian treaty before lifting the war time pro hibition ban, which was said to have been the ruling of Attorney General Palmer, and they declared their po sition was not altered by the fact that President Wilson prepared to cut through legal doubt and wipe out a law the necessity for which he be lieves to have passed. With today's action by the senate the department of justice is ready to deal with any offenders against the drastic provison of the new act. At best heretofore, prosecutions were more or less haphazard and necessar ily so, it was said, because cf loosely drawn language of the act, but the new law gives ample means of break ing up the traffic. So drastic is the enforcement act that a man, for instance, may be fined or put in jail for displaying a picture of a brewery or a keg, but his right to store liquor in his own home for his own use stood up against all attacks in committee and both houses of congress. v Warning went tonight to dealers selling 2 3-4 per cent beer, without apparent risk heretofore, that the new law fixed one-half of 1 per cent as the legal limit of alcoholic con tent. The roll call in the senate follows: For overriding the veto: Republicans?Ball. Capper, Colt. Cummins, Curtis. (Fcrrnald, Freling huysen. Gronna. Halle, Hardin, John son of California, Jones of Washing^ ton. Kellogg. Kenyon. Keyes, Knox, Lenroot, Lodge. McCormick, McCuru ber, McNary. Moses. Nelson, New, i Xewberry. Norris, Page, Phipps, Poin dexter, Sherman. Smoot, Spencer, Sterling, Sutherland. Townsend, Wadsworth. Warren, Watson?38. Democrats ? Ashurst, Bank head. Dial. Chamberlain. Fletcher, Gore. Karris. Harrison. Henderson. Jones of ! New Mexico. Kendrick. Kirby. Mc i Kellar. Myers. Hugent Overman, ! Owen. Pomerene. Shephard. Sim mons. Smith of Arizona. Smith of Georgia. Swanson. Trammell. Walsh of Montana. Williams and Wolcott? .'7. Total for 55. Against: Republieans ? Borah. Brandegee. J McLean. Edge, falder. Fall. France, LaFollette and Penrcse?9. Democrats?Gay. Gerry. Hitchcock, King. Phelan. Ransdel, Robinson, I Shields, Thomas. Underwood and i Walsh of Masachusetts?IT. Total >gamst 20. I - Constantinople, Oct. 29.?Favorable Titicism hns^jp^ri caused here b; dispatch fro^HBdish and American societies t? Wect that th4^jwted States \v| R-M'v: cith^j B ian orjf Km^ales.J & mm i SOCTHRON, BettMMw? im?, ?? VoLXLIX. Mo. 23. MARTIAL LAW IN KNOXVILLE Governor Roberts Asks For Fed eral Troops to Keep Order in City THERE IS FEAR OF STREET RIOTS Strikers Threaten to Use Force to Prevent Operation of the Street Cars Nashville, Oct. 27.?Following a conference by long distance telephone with Gen. Baxter Sweeney, adjutant general of the Tennessee National Guard, Governor Roberts tonight caus ed for three companies of federal troops from Camp Gordon, Atlanta, with full equipment to entrain at once for Knoxville. The following telegram was sent to Maj. Gen. E. M. Lewis, command ing officer of the Camp: "Please entrain two infantry com panies and one , machine gun com pany, total 300, for Knoxville,. fenn. E. B. Sweeney,' my adjutant* gen eral, is there in charge. (Signed) "A. H. Roberts, Governor of Tennessee." The governor stated that this meas ure was taken simply as a precau tionary move, not having been occa sioned by any renewed rioting, in Knoxville today. Acting, however, on the advice of General Sweeney,- the' mayor of Knoxville, the district at torney, Col. Carey F. Spence, and oth er citizens, the governor said that he wished to assure Knoxville adequate protection in case of disorder arising from the rumored sympathetic strike. "It is geenrally understood in Knox ville," the governor said, " "that ? a sympathetic strike, calling out- over 6,000 workers, mainly in the textile industry, will be ordered at a huge mass meeting that is being held ia Knoxville tonight, Labor agitators have been speaking in all the factor ies and shops today trying to ififlanie the workers to a point where the general strike order tonight will -be obeyed. "Acting, therefore, on-advices from Knoxville, L decided -tc^-caiUoitt-'-the, federal troops as a precautionary measure. I deemed that course #M&r than waiting until the city was re duced to a state of anarchy and then try to restore order. I am hoping that the situation will pass off without any need of these troops, but General Sweeney thought it wise for me ,to take this step before I left Nashville, as the labor meeting will be over arfd the general strike on if it is called before I leave here, in all probability. Although it had been his intention to stay in Knoxville only over Tuesr day to attend the meeting of the East Tennessee Law" and Order organiza tion. Governor Roberts announced to night that he would stay in Knoxville as long as the situation seemed to warrant his presence. It is his in tention to keep in the closest touch with the progress of affairs there. ALL READY FOR GREAT STRIKE Executive Board of Miners Un ion Making Final Arrange ments Indianapolis. Oct. 30.?The execu tive board of United Mine Workers of America met here today to finish the preparatory work incidental of the coming strike of soft coal miners! That no development could avert the strike was stated, bat some change in the attitude of operators might re sult in shortening of the t ieup, ac cording to union men. OFFICERS OF FAIR ARE RE-ELECTED J. N. Kirvin of Darlington Again Made President r Columbia,. S. C, Oct. 29.?J. N. Kir vin, of Darlington, and A. B. Lang ley, of Columbia, were re-elected president and vice president, respec tively, of the State Agricultural and Mechanical Society, under the auspices of which the State Fair is held, at the annual meeting of the society held here tonight. The following execu tive committee was elected by con gressional districts: First, J. Swinton Whaley, of Lit tle Edisto; Second, J. I. Johns, of A1-. lendale; Third. T. J. Kinard, of Nine ty-Six; Fourth, John D. W. Watts, of Laurens; Sixth. Bright Williamson, of Darlington, and Seventh, S. J. Simmers, of Cameron. The members of the executive committee, with the exception of J. I. Johns, were re elected. The secretary and treasurer will be elected at' a meeting of the executive eommlttee to be held next spring. The present secretary is D... F. Kfird, of Columbia, and the treasr urer is David G. Ellison, of Colum Oia. The meeting instructed the ex ecutive committee to ask the Gen eral Assembly for an appropriation of $12.500, of which $5,000 wfll go to ward prizes for agricultural exhibits, and $7,500 towards defraying ex penses.