Indianapolis Times, Volume 33, Number 102, Indianapolis, Marion County, 7 September 1920 — Page 9

COAL AND FOOD BOARD UPHELD BY U. S. COURT r To Organize Bookkeeping and | Inspection Departments at Once. NO APPEAL IS ENTERED i Organization of thb bookkeeping and inspection departments of the Indiana coal and road commission trill be completed at once, and schedules of coal prices will be fixed within ten days, following the upholding of the coal commission act passed by the recent special session of the legislature in federal court yesterday. .Tease E. Echbach, chairman of the commission, states, the 1-cent-a-ton tax on coal mined in August must be paid by Sept. 10. Thus far only two operators hare complied with this provision. No further appointments will be made by Eschbacb on the personnel of the coal commission, it was announced today. The commission was organized immediately following the signature of the bill by Gov. Goodrich, with Mr. Eschbach as chairman, Otto Klauss. secretary, and the governor as the third member of the board. Several clerks have been appointed and the members of the board of accounts will act as examiners and investigators of the special commission, by the provisions of the act. When asked as to further appointments. Mr. Eschbach said: "There will be no further appointments on the commission. “I withheld all appointments when the

The Printing Pressmen’s Strike ■■EBB BUflUng BfIHUHHBHHBHHHUiHH HIHUHHHR Is Over! msm s V. , * * ' • * . % s The Indianapolis Spirit of Loyalty , Clear Thinking and Fair Dealing Proves to Be the Best Course + i DURING the past week, the the union men were desirous Why You Should Buy Your Printing Pressmen and of prolonging the strike for the Printing at Home the Printing Press Assis- purpose of testing their power. *' , . T tants, of Indianapolis, have The one wish was to reach an We spend oui mone> in Inbeen out on strike. amicable adjustment as soon dianapolis. This unfortunate condition as possible. And so we got to- w e are red-blooded Ameriwas brought about by a mis- gether in man-to-man fashion cans understanding due to a misin- —each recognizing and reterpretation of a contract by specting the rights of the other We are supporters of Indiand between the Employing —and settled our differences anapolis always. Printers and the members of on a fair, frank and friendly the two unions. basis. We have the ability and i a j x xx equipment to do all kinds of \ e aie glad, indeed, to state And Now We Are Ready to nrintimr that all differences between Go to Work. * the parties concerned, as to We have hundreds of thouwages, working conditions, The printing industry of In- sands of dollars invested here, and other matters, have been dianapolis began operation at . satisfactorily adjusted. full capacity on Tuesday morn- °. ne °f niob^ ing, September 7th. The feel- stable industries. Strikes Soon Die in ing today between the Employ- We have fair-minded emIndianapolis ing Printers and the Printing ployes. Pressmen and Printing Press Strikes of any kind are so Assistants is better than ever We are fair-minded emfew in Indianapolis that we before. We have a clearer un- ployers. felt it our duty as loyal citizens derstanding of each other’s tit i u to uphold the fair name and position, and are better able We loVe OUr home Clty ‘ traditions of our city, in either to co-operate for the good of And so, we ask your hearty the Employing Printers nor the industry in Indianapolis. support. % Employing Printers of Indianapolis (Representing 45 Plants) By B. G. SALTZGABER, President t _ - . y 1 / t\. , ‘ > Indianapolis Pressmen’s Union Indianapolis Press Ass’ts Union No. 17, 1. P. P. &A. U. No. 39,1. P. P. &A. U. (Representing 200 Employes) (Representing ISO Employes) By FRANK McHUGH, President By RALPH WEILAND, President!

suit against the commission was filed In federal court, pending Its outcome, and in the meantime carried on all the work by myself, with the exception of the duties of the clerks already appointed. “1 have rowed the boat halfway across the stream, and I will finish the Job now and ferry it clear across." That the state, under its police power, may regulate the coal Industry within its borders was the essence of the opinion given by Judge Francis E. Baker of Chicago, sitting as district Judge In the case of the American Coal Mining Company against the special coal and fqod commission of Indiana, in federal cotirt yesterday. The court upheld the petition of the attorneys for the coal commission, that the application for a temporary injunction to prevent the carrying out of the [act by the commission be dismissed without prejudice. JUDGES CONCUR. Judges Ferdinand A. Geiger and E. A. Evans concurred with Judge Baker in denying the temporary injunction asked by the company to prevent the operation of the coal and food commission. A precedent is set by the court in defining the police power of the state. It is said that not since 1696, In England. has there been regulation of the coal industry by a state except In war time. No action on an appeal from the decision of the court had been taken today by the plaintiff. Judge Baker, in speaking of the right of the state to touch the coal mining business, said: "If no such right exists in the state then the temporary injunction should be issued at once, and it would go as a matter of course that a final injunction should thereupon issue, because I there would be no question of fact to controvert, and a final decree in favor of the plaintiff wold at once be entered, If there is a total lack of power

50,000 Rooms for ‘Boys’ of *6l Thousands of rooms in private homes will be needed for the O. A. R. national encampment, here Sept. 19-25. An average of one room for every home must be obtained. If you will house a veteran of the Civil war and his wife, fill out the accompanying blank and mail it to Scott Brewer, 701 Chamber of Commerce building. Street Owner Phones No. of rooms With bath Without bath Nearest car line Price Remarks

In tha state to create this commission through which to undertake the control of coal mining. “Does such a power exist? Os courss it is elementary that our federal government Is one of enumerated, specially named, powers—powers essential to the execution of those specifically granted, and that our state governments are organized on the exact converse of that theory. “The state, as a state, has all the powers of an absolute, unrestrained sovereign except so far as the state surrendered certain sovereign powers with which to constitute and create the national government. “The legislature of the state is the agent of the people of the state in exercising the people’s power as an absolute sovereignty. “The legislature is an absolutely free agent except In so far as its principals, the people, hnve expressed a limitation in the state constitution.

INDIANA DAILY TIMES, TUESDAY, SEPTEMBER 7. 1920.

“For the purpose, of this federal inquiry it may be taken that the state legislature had the full power of the people of the state of Indiana and that the people of Indiana stood as absolute sovereigns over the persons and properties within the limits of the state, except in so far as those powers of sovereignty had been surrendered to the federal government. “Among *.be powers surrendered, of course, was the power over treaty making. the war power and others. “But there remained to the people of Indiana as absolute sovereigns tbe whole of the police power. “That means, the power of the people to determine upon measures for the public welfare, which may be expressed by the legislature without any limitation that Is cot Imposed upon the state by tbe federal constitution. "Are the sovereign people helpless in such a situation? “They certainly are if the fourteenth

amendment stopped the narrowing of these various circles within which the people, therefore not only might more freely with respect to life, liberty and property, but otherwise, not. ( “The power is continuous. It has always existed, and, necessarily, always will exist. “This discussion of the one underlying principle Involved in the hearing of this motion for the preliminary injunction algo goes to the heart of the motion to dismiss. “That is, there is in this bill—speaking now for myself, on the motion to dismiss, which is before tbe district court—there is no basis in fact for injunctive relief, except this ons of want of power. “The power existing, that ground dis-

appears from the bill and the other grounds present theories of what, might happen and not allegations of —”t respecting an existing situation —except as to those items of ths $25 license fee and the tax of 1 cent a ton. “The order will be that the application for a temporary injunction is denied, and on the motion to dismiss the order will be that the bill is dismissed without prejudice. “It will be dismissed without prejudice and the record may show affirmatively that there is absolutely nothing decided except the one question, that the state under Its police power can lay its hand upon the coal mining industry." Judge Baker refuted the argument of counsel for the plaintiff that the coal industry is a private business and one in Clear Baby’s Skin With Cuticura Soap and Talcum S<mp,o*ntmcat,Tlnn.3i..'*<vT yoreeniplee lddrM. Oa*snlAbM.tonM.lfepl.x,

which a third party has no interest and consequently no right of regulation, by referring to the banking business, a private business, of which the power to regulate has never been questioned. % Five thousand copies of the opinion of the court will be ordered printed by Mr. Eschbach and distributed to coal operators and dealers of tbe state. POLES APPEAL TO LEAGI'E. WARSAW, Sept. 7.—The Polish government has appealed to the league of nations to arbitrate tbe territorial dispute between Poland nnd Lithuania, it was learned today.

lIWH. BLOCK C? Hart Schaffner & Marx guaranteed clothe* for men, young men and boys (8 to 18). VS ■ . . - ■ l FROM OUR MODEL GROCERY EGGB, strictly fresh, large BACON SQUARES, uugar COFFEE, old crop, fresh selected, dozen In carton. I cured, 2 to 4 pounds each, roasted Bourbon Santos, * __j j pound 25d pound 39<* EVAPORATED MILK, Bor- ‘ “ den's with the cream, large 1- SUN-LIT BAKING POWDER, SALT, Morton's free-running, pound cans J 4 for 47c)— a pure phosphate powder, 1- double refined table salt, 2-pound cao, 12 pound can carton lOc TEA, Sun-lit, specially blended hand-picked Michigan*. 3 pounds CLIMALENE, the washday for icing, SI.OO quail, y. fir .. .> 255) wonder 3 packages, 200 pound . 79 j —— PEANUT BUTTER, Sun-lit, pat n DTTRT WASHING POWMACARONI OR SPAGHETTI, ?■<*• f rom roasted refined t>eß large packagl^.. ,T. 2SC Red. White and Blue, long cut Virginia peanuts, p0und....230 DBK ’ “ * P*c*** (3 packages, 20c), package. ,7Vj<* —“—— t r NOODLES. Ludwig's home- LAUNDRY SOAP. Peet BUN-I.IT BBEAKMST BA- 1'....' 94 .• Cn.ul WU*h. t CON, machine sliced, derlnded, LOGANBERRY PRESERVES, O. D- orders)... parked in 1-pound boxes, pure fruit and sugar, large 17box :.65C ounce jare 43 C —Fifth Floor. / ir THE BASEMENT STOKE]j§lsi!| jj Final Clearance of Women s and Misses 9 Apparel Final clearance of women’s Final clearance of women’s and misses’ Cloth Coats and misses’ Wash Dresses Coats that will serve To finish out admirably for this sea- the summer—and W S&TVSJES *. " w ilfix /LUfk styles—of VHlour, tri- during the winter fj/\ \\ cotines and serges, long season these jfejjrKGL / or three-quarter length. charmingly styled sass) sis ssr f poi<> sa j"-- \ rv and velour ' desirable. ' 11 regular prices, They are of or- i ■ j I $25 to $150; sale gandies. voiles, jJ price lawns and other rmSSlffi’ 0 $12.75 p” ery ma,f “ Our regular prices were up to i/'l[ to pricl 5 :, !ale $4.75 * $49.75 Our regular prices were up to v ~ $12.76; sale price I D Final clearance of women’s and misses’ Tailored Suits Final clearance of women’s Late spring models that will make ad- BJld TniflS6S mlrable fall suits for the business PONCEE, LINEN, TRlCOLwoman to wear to work and for the _* _ „ rLrJ ’ .. school girl Suits of serge, checked -- ETTE AND JERSEY SUITS velour, lined throughout with satin or pcau de cyne silk, black, navy or Plain tailored or belted models, handchecked. soraely embroidered or trimmed with - peart buttons, oyster white, rose, pink, Our regular prices were $35 ana gray and natural linen color. price Sal< ! $ 1 9*75 our re S ular P™ es wer ® $ 29 - 75 10 ” - $75; sale prices— Final clearance of women’s j $9>75 SO(l $19>75 and misses’ AFTERNOON AND EVE- Final clearance of women’s NINO DRESSES and misses’ Silk Skirts d —of baronette Bouffant or dresses of taf- georgette, crepe de chine. Hums! feta, charmeuse. chiffon net and com- Kumsa * etc B , plaln C oiora. checks, flowbinations. beaded, braided or embroid- . deßljrns and Btri Des pink blue ered. and also trimmed in novel ways Btnpeß> pmk * Dluewith flowers and rosebuds, etc.; pink, ' blue, white, rose, salmon, etc. t Our regular prices were $12.75 to Our regular prices were $55 to ’ sa *® P rice * ““ $19.75 $9.75 and $5.98 Domestics and Beddings I.9NGCLOTH, yard wide, BLEACHED kFI.ETISG. (Two hundred BLEACHED soft, heavy thread, for un- 214 >rrts wide, xtra qiml- SHEETS, double bed size, denvear, launder* porfectly. Uv; sl.lO grade. INO QC. *of: linen f.ni*h thread; $2.00 ex>iHent (No phone phone orders.) Trd...yUL quality, . e C ord?i>.) Extra OQr ■■** each <9 1 .UU speoinl, yard UN HI.E ACHED SHEETI'LAID GINGHAMS, I.' thread? 0 ”**? to' 1 bleach.’ eT- BLEACHED PI LLOW Inches wide, beautiful color tra (mei-lal eri _ CASES, elze 42x36 Incbea, 60c combinations; excellent for -yard ’ OUC quality, QQp women's and cbll- QQr* - - each llreu ' ,t w,>3r WHITE OUTING FI.ANnt ir trnvn • MT rt\ 2 * ,n i' he s, (One hundred) SEAMLESS BLEACHED Ml nn ,| Huffy, double Afttctd.—tor RLFACHED SHKETfI yard wide, perfect wear* end | nfant ,' ‘and children', wear. glxob lnche.- “Mohawk'' and .No phono order..) OK .imilar braSie. •o 4 0 dor*) P'xtra * nf* r 1 <aQC $2.75 quality, each <5^.19 special, yard jiJOC SOFT FLEECED OUTIN3 FLANNEL. 27 Inches wide. ALL WOOL CAMP BLANBL EACH ED SHEETING, nest color stripe* ann light KETS. size 66x80; khaki or double bed width, extra high- ground*. (No phone octsr*.j dark j ray mixture, with borS 25c $6.49 Men’s Furnishings Specials UNION SUITS FOR MEN. Sizes 36 UNDERSHIRTS AND DRAWERS and 38, of mesh and balbrigg&n. short F(TR MEN; balbrlggan, shirts long or sleeves and ankle length. Special <3 short sleeves. Sizes 36 to 46. Drawers, for $2.00), AQn 40 to 44: up t 0 85c PnOc* each U/L quality, garment t v ' ' HOSE FOR MEN, medium weight, UNION SUITS FOR MEN, rjbhed, ribbed top. fully reinforced, black, ecru or white, short sleeves,,' ankle white, cordovan and gray. Size3 length; sizes 36 toA4. / AC- l* 5 ? to lit*. Spe- s CASpecial cial 3 pair* for fJv/L

Indianapolis Man Heads Rural Carriers C. G. Harris, a rural carrier out of Indianapolis. is president of the Indiana Federation of Rural Letter Carriers, who elected him as their head at the first annual state convention concluding yesterday afternoon. A. w. Lovelace of Sullivan waa elected -vice president and Walter Egger* of Roaehdale secretary-treasurer. Resolutions were passed recommending that the government manufacture a uni-

form mail box for use on rural routes. The organization has a membership of about 406. Clothing Thieves Visit Clinton Store Special to The Times. CLINTON, Ind., Sept. 7.—Clothing valued at SIO,OOO was stolen by burglars who entered Morgan's clothing store here last night The clothing consisted of 200 men'* suits and thirty-five women's coats. Police In neighboring cities, including Indianapolis, were asked to seirch for the thieves. *

9