Indianapolis Times, Volume 34, Number 147, Indianapolis, Marion County, 31 October 1921 — Page 11

MINERS ARE HIT VITAL BLOW BY JUDGE ANDERSON (Continued From Page One.) be reached by a decree forbidding the sending of money Into West Virginia for any unlawul purpose. rOOD AND SUPPLIES NOT PERMITTED. But he and the court could not agree as to what was “an unlawful purpose.” Judge Anderson held that the sending of money for food or supplies was Just as much a furtherance of the strike as to send arms and ammunitions. “When the battle is on,” he said, “the sending of food to an army Is just as much an assistance to that army as are arms and ammunition. The contention that it Is proper to send food and Improper to send arms is one I cannot get.” However, when William Green, secre-ary-treasurer of the Mine Workers, asked he court if the decree meant that he, as financial agent of that organization, was forbidden to send relief to starving families of striking miners that were being fed weekly, and if he would be forced to choose between obeying the order of the court or the dictates of humanity, Judge Anderson said: “Mr. Green I have known you and respected you. I think you are a gentleman, and I am sorry t have to answer you as I do. But I am lure that we can agree. If there is suffe ring as a result of past affairs, we can get together on it. If there'are sufferers there of course they will have to be taken care of pfoperly. This injunction is drastic, but people down there ought not be forced to suffer.” Later Judge Anderson ordered the final decree when prepared to make provision for relief work of this character. Attorneys for the plaintiffs frankly admitted that there was a necessity for such relief and seemed anxious to provide for it.

Some operators see in the decision “the death of organized labor in America." and labor leaders concede that Its effect will be far reaching. A. M. Belcher, attorney for the Borderland and sixtytwo other mining corporations of West Virginia, which seek the injunction, said the writ would mean the death of the union. MINERS STILL HAVE HOPE. Officials of the union declare however, “it will embarrass, but not destroy.” “Before the check-off system was inaugurated,” Mr. Belcher said, “it was impossible for the union to force a closed shop anywhere. If the eneck-off is abolished In Judge Anderson’s order, it will be imposible for the union to continue in its present relations to the operators. Whatever effects the central competitive field, will likewise affect all other coal fields in the country.” As had been expected, the gist of the whole suit camo down to the use of the “checkftoff” system, whereby operators collected union dues and turned them over to the union. It was the contention of the plaintiff that this action made the operators of the central competitive field as muon .*v part of the alleged conspiracy ro foment strikes and lawlessness in West Virginia as the miners themselves, sin-e it was claimed money collected by the operators under the check-off. was sent r.to West Virginia by the unions for the express purpose of creating this situation. SEE END OF UNION. With the enjoining of the check-off it is said by many persons familiar with the coal mining situation that the big United Mine Workers of America organization cannot be held together. The decision of Judge Anderson to issue the injunction was reached after the | court had expressed his intention of deferring ail action in the case until final hearing, on condition that the union cease its efforts to unionize the West Virginia field in the meantime. This President John L. Lewis of the United Mine Workers of America refused to do, saying: “We have a constitutional right to organize. I decline to surrender.” The refusal of President Lewis came as a decided surprise to those in the courtroom, as it had been the general opinion that he would agree to a suspension of union activities in the dissAi'rbed area pending final hearing. In announcing his decision Judge Anderson said:

“I feel sure that there has been established here a combination in restraint of trade. In violation of the provisions of the Sherman anti-trust law, to limit and restrict the production of coal shipped in interstate commerce from West Virginia and therefore it was a conspiracy to interfere with interstate commerce. SEES PLAEf CONSPIRACY. ‘I think there has been sufficient evidence here to find that the efforts to organize the West Virginia mines is an effort to monopolize all the industry of the United (States, Unless there Is further evidence, mountains of it, to chi nge it, I will have to enjoin, temporarily or otherwise, a conspiracy to violate the Sherman act. I think under the circumstances the check-off system is unlawful and is used here for an unlawful purpose.” This last statement brought no Joy to the hearts of numerous lawyers representing coal companies now under Indictment in Federal Court on a charge of conspiring among themselves and with miners to violate the Sherman act by restricting the production and distribution of bituminous coal. This case is based largely on the theory that the check-off is illegal. In view of the criminal case the statement of court on this point was looked upon with unusual Interest. The decision of the court to grant the injunction was reached late Saturday afternoon after a multitude of affidavits had been introduced by the plaintiff to prove violence in West Virginia and that money collected 'under the checkoff had been used in West Virginia for fomentingfi unlawful disturbances. Attorneys for the defense also introduced a number of affidavits which were in the nature of a general derPal of all charges made. LEWIS STANDS PAT. When Judge Anderson asked President Lewis if he would agree to call off union activities in West V.rginla Mr. Lewis asked if an agreement of this character would prevent the union from ‘‘feeding the thousands of men, women and children who are starving there.” The court answered that such would not be the case. Mr. Lewis th >n went into conference with his counsel. W. A. Glasgow. Jr., of Philadelphia, Pit , and Henry Warrum of this city, and William Green, secretary-treasurer, and Philip Murray, vice president of the United Mine Workers of America. After a consultation of several minutes Mr. Lewis announced that the miners would stand on their constitutional rights and refuse to cense union activities in the State. Judge Anderson then announced his intention of granting the injunction today. C. 0. Shirley, attorne."' for the Indiana operators named as defendants to the suit, asked Judge Anderson if they should discontinue the check-off system, saying that it was feared a strike would result | in this State if the system were disismtinued. Judge Anderson answered that if the operators continued to use the check-off they did so at their own peril. HELD ON ARSON CHARGE. James Smith, negro. 422 Rankin street, was arrested today by detectives on a charge of arson. Smith confessed, the officers say. that he set fire to a house at 1210 North West street. He said he was looking for a pair of shoes and dropped the match which set fire to the house, a relative. He is

JAPAN MOST ACTIVE WITH PARLEY PLANS (Continued From Fage One.) women. No Japanese woman is officially attached to the delegation, but the “Grand Old Lady” of the Mikado’s realm, Mme. Kajiko Yajima will be on the scene working as zealously as Prince Tokujawa himself for Nippon's cause. As in other respects Japan is first in the field among foreign nations with a representative of the mothers and daughters of the world who long to end war. SOCIAL FUNCTION ASTUTELY PLANNED. Washington has witnessed one of the most remarkable and most astutely conceived functions in its social history. Sadao Saburi playing host for the Japanese embassy on behalf of Baron Shidehara, who is In mourning, asked the leading newspaper correspondents of the capital “-to meet their Japanese colleagues and Major General Tanaka and Vice Admiral Kato at dinner.” Nearly one hundred men, almost equally divided as to Japanese and Americans, were at a huge oval table set in the midst of a Japanese chrysanthemum bower. A Japanese everywhere sat between two Americans, while an American similarly was placed between two Japanese. There were four speeches by Major General Tanaka and Vice Admiral Kato and by two Americans., H. V. Culshan and Mark Sullivan. Mr. Saburi, counselor of the Ja panese Embassy preclded as toastmaster with the ease, grace and courtly English of a Choate or a Depew. He “Joshed” Americans as they love to be “Joshed.” After dinner, and then with boldness which probably would have upset all traditions in Tokio “joshed” his own people. “We purpose.” explained the urbane Mr. Saburi, “while in America to do as the Americans do.” This Mr. Saburi struck a serious note, which, the correspondent is authorized to say. may be regarded as a high pronouncement of Japanese policy.” “Our delegates,” he said, “have ooine from a remote corner of the globe, thousand* of miles away, backed 'by the highest hopes of their fellow-countrymen, to find means of relief from the crushing burden of piled-up armaments. They can not well afford to go back home, with hat in hand, to confess the failure of their work and of the conference.” The carefully prepared speeches read by General Tanaka and Admiral Kato may be regarded as foreshadowing the guiding principle of Japan at the conference. She w'.’l zealously plead that her armaments by land and sea are purely “defensive,” said Admiral Kato. “The Japanese concept of armament is to be prepared to stop or to end war.” Japan at Washington next month will argue that she has never resorted to arms except

for “a righteous cause.” She will compare her martial history to that of the United States itself and asked to be judged by the same standard for the future. EFFORT TO FORESTALL “STUBBORNNESS" CRY. There may couie a time in the conference when calamity howlers will hint that Japanese "stubbornness” is imperiling its success—when decisions are held up at Washington pending Japanese compliance. An official of the delegation explained to the writer why Japan's assent to any proposition is certain to be given with more deliberateness than that of any other power. While the Kate-Tokugawa-Shfdehara “big three” will be clothed with full plenary powers—much fuller for example than any which the Hughes-Root-Lodge-Underwood American “big four” will possess—the Japanese delegation purposes moving with the utmost caution. They are determined no engagement into which Japan enters at Washington shall be disavowed or undone at home. They do not intend that Versailles-Washington history shall repeat itself. The Japanese delegation from case to case will reach the diplomatic advisory council at Tokio and through it to the Japanese nation, it wiil keep the cahles and the radio between Washington and Japan hot to that end. When the Japanese delegation gives its assent to a conference solution of a Far Eastern “problem” or an armamentlitiiPatlon proposition, the confer*.ace will know the sixty millions of Japan are irrevocable bank of it—man. woman and child. From Jaj anese headquarters there wn issued what may be called its “campaign document number 1.” It consists of a large scale map of Shantung province, designed to make clear that it is not the “40,000.000 Chinese” who inhabit the province that are "menaced by Japanese rule,” but merely the one or two per rent of that number within the for ra°r German “leasehold” of Kino Chau Bay. It is this leasehold which Japan offers to restore to China. In one corner of the map—a feature thnt is eloquently significant—is the “British leasehold of Wei Hal Wei.” The Intent, of course to show that the Japanese at Kiso Chau do not menace the sovereignty of China at least any more than the British ally at Wei Hal Wei.—Copyright, 1921, by Public Ledger Company.

6-CENT FARE DIDN’T SEEM BAD TO MAYOR (Continued Prom Page One.) without the power to borrow money to indulge in “experiments." DIDN'T THINK MI CH OF IT. President Miller asked the traction men what they thought of a Central avenue, Thirty-Fourth, Illinois street and downtown streets loop. They did not think much of it. He then suggested that the company carry out a suggestion of some time ago that a crosstown line be tried Out in Thirty-Fourth street, from Illinois street to the State Fairground with transfers to the Illinois, Central and College avenue lines. The utility men did not believe this feasible. After considerable discussion of the finances of the company Dr. Jameson said there was “no use in city officials simply Ignoring s’l the time that the company has no money with which to do these things.” The mayor said fie ngreed that the company had no money but “if you'll remember, Dr. Jameson, Mr. Ashby (corporation counsel) and I agreed not to oppose a fi cent fare once ami you came right out and said it would ruin the company.” CITY GAVE FAIR CHANCE TO COMPANY. President Milfer, answering complaint of Dr. Jameson that the company gets no support from the people, that the utility had gotten an increase to a 5-cent fare, then to C cents, then back to fi cents and a 2-cent transfer and recently has gotten an Iron-clad jitney regulation ordinance. To this list the mayor said he wanted to add the fact that the city administration did not oppose the laws passed uy the Legislature providing for the consolidation of the two old -companies and this year for tho surrender of franchises. The statement of the mayor that the city administration lmd not opposed the franchise surrender law was a surprise to some since it was heralded abroad during the session of the 1921 Legislature that the city was fighting it. When it passed the administration blamed it upon country legislators. JITNEY CASE REVOKE CO|tRT. Arguments were in progress again today before Judge Solon Carter of Superior Court, Room 3. in the Jltny or.il nance case in which Jitney drivers are attempting to obtain an injunction enjoining cit/ officials from enforcing provisions of a recent law placing drastic regulations upon this class of vehicles. Argument began last Friday and indications are that the case will not be completed until late tod**.

MARSHALL IN FAVOR OF YOUNG MAN FOR SENATE (Continued From Pago One.) formed is that there is no party policy on taxation but many individual policies, all different. He then proceeded to enunciate his individual ideas. “I am for a graduated income tax that would tax the lust receiver of Income," he declared. “How would that operate?” he was asked. He thought a moment and then gave this example: "Supposing you own SIOO,OOO in stock in a corporation an<l suppose I own an equal amount. Now suppose you sell your stock to my wife for SOO,OOO and I sell my stock to your wife for the same amount. I could claim a loss of SIO,OOO in making out my income tax account and you could claim the same loss. At the same time our respective wives would have as much stock as we had and would turn it over to us. “That is the way the present income tax law works out, and it’s wrong. You watch the December stock lists and note the slump in prices. Just such deals are being made, and they result in the slump. Companies are being forced to take care of them. SYSTEM WOULD DEFEAT DODGER. “Under a system by which the ultimate recipient of the income would pay the taxes on that Income nothing like this could happen. The tnx should be simple enough that a man can keep only one book, listing there simply the money he has received and pay taxes on that.” Mr. Marshal! suggested a tax of 1 per cent on the first $5,000 of income, 3 per cant from $5,000 to $15,000 ; 4 per cent from $15,000 to $‘20,000 ; 5 per cent from $20,000 to $25,000, and so on. In discussing the complications of the present tax he said he never had been released as having properly paid the revenue department taxes on his income as Vice President and his income from other sources. “Why the revenue department might come to me any time now for a payment —s3o or SIOO. 1 know a United States Senator who pays a man $5,000 a year to keep track of his Income taxes. That sort of thing shouldn’t be.- A man should know how much he has to pay. ’ Mr. Marshall said the consumers’ tax which is beiug proposed in some quarters is good if it could be-graded so ns to apply to the rich and poor in proportion to their wealth, but he said this would be impossible. /‘I might consume as much as John P. Rockefeller, tiut I shouldn’t be required to pay the same {.mount of taxes," he raid He said a second objection to the consumers’ tax I* that it would give dealers an excuse to raise the prices of their goods far ahove tlie amount of the tax. TOR RALSTON BI T CAN'T VOTE. In touching on the present city campaign in Indianapolis Mr. Marshall said that he and his wife were in an embaras sing predicament. • “You know,” he said, "someone sent rue a copy of an Indiuna law which said that if I registered once I would not have to register again. Consequently neither my wife nor I, both having regls tered before, registered and neither of us can vote. “I am particularly sorry about it because I wanted to vote for Mr. Ralston. You can say emphatically that I am for Ralston and I want you to oxplaiu why I can t vote for him.” In the course of the discussion of things generally, Mr. Marshall's muchadvertised hunt for a good 5 cent cigar came up and he was asked if he hud found the cigar. “Thar is the most unfortunate statement I ever made.” he replied. “Every week I receive from one hundred to two hundred 5 cent cigars made from everything from Jimson weed to red cabbage. EXPLAINS 3-CENT (IGAK REMARK. “I made the statement that I was hunting a good 5-rent cigar as a philosophical remark. Whut I meant is we should go back to the ■■ cent cigar manner of living. We must rut down on our expenditures. During the war we obtained a great deal of money and spent it. We must slow down. That is what I meant by my re mark.” The suggestion was made thnt he should be particularly Interested In the ■ book he was reading. It is an anonymous publication of character studies of the leaders in Washington during the World War. "I don't know much about it.” he said. “I have been refusing to read things of this kind because I don't want to get my brain muddled with one-sided views of •hings. My wife asked me, however, to read two chapters in this book that she thought particularly good.” Mr. and Mrs. Marshall will remain in Indianapolis several days and will then go to Arizona for the winter. Mr Marshall indicat' and he and Mrs. Marshall will return to Indianapolis next spring.

To Ireland’s Friends in Indiana The ballroom of the Hotel S<*verln in Sunday, Oct. 30t,h, was the scene if the most enthusiastic convention in the history of this state. The meeting was called under the auspices of the American Association for the Recognition of the Irish Republic. Three hundred delegates from all parts of Indiana attended. The following is a list of officers elected by the convention: President, Dr. P. K. Mullaney, South P.*nd; First Vice-President, Joseph M. Howard, Indianapolis; Second Vice-President, Patrick Faloney, Gary; Third Vice-President, Miss Stella Scott, St. Mary’s; Fourth VicePresident, Miss Margary Rice, Indianapolis; Secretary, Michael J. Keyes, South Bend; Treasurer, Mrs. Frank J. Belot, Ft. Wayne; Direc- 1 tors, Mrs. R. T. Raporte, Indianapolis; Mrs. Michael Downs, Terre Haute; Prof. Vincent O’Conner, South Pend; Loretta King, Ft. Wayne; Louis Murphy, Notre Dame; Mrs. Mary O’Shea, Bast Chicago; Mrs. Nellie Kirk, Gary. The following resolutions were adopted by the meeting: Resolution of encouragement and congratulation to Eammon DeValera. Resolution calling upon President Harding to recognize Ireland. Resolution to all senators and congressmen from Indiana calling upon them to bring pressure to bear for the recognition of Ireland. Resolution against cancelling debt of allies to United States, and resolution on disarmament. Brilliant addresses were delivered by the Rev. Dr. Allen, Protestant Episcopal minister, of Brooklyn, N. Y.; Mr. James Maxwell Murphy, of Canada; Mr. Thos. W, Lyons, National Secretary A. A. R. I. R„ and Mr. Joseph Quinn, National Director of Organization, A. A. R. I. R. J. MAXWELL MURPHY, \ National Organizer. —Advertisement

INDIANA DAILY TIMES, MONDAY, OCTOBER 31,1921.

MAYOR’S RACE IN FINAL LAP WAXES WARM (Continued From Page One.) Wllmeth on In his place and before as many people as possible after he was court as well as city committee Indorsed, to passing the word to workers that this final rally has got to be a humdinger. Democratic plans for the week are not complete, but they include a strong program to attempt to show that thousands of Republicans are for Ralston. MARION CLUB NOW FOR SHANK. In addition to the final rally the Marion Club announced an old-fashioned rally, to be held at its homo Tuesday evening. Early in the campaign there was a great controversy over whether or not Samuel Lewis Shank should be readmitted to membership in the club. The Marion Club rally, aside from being what the club usually does in every campaign, was expected by Republican leaders to demonstrate conclusively that the club now Is solidly for Mr. Shank. ODD AVAR HORSES TAKE LEAD. Both parties have called old time generals to their aid, the Democratic morale increasing appreciably Inst week when Former Senator Thomas Taggnrt came to the assistance of Chairman Thomas S. Meeker. Republicans hive circulated stories to the effect that Mr. Taggart is calling the precinct committeemen and other Democratic workers into headquarters and stiffening their support of Mr. Ralston with glowing pictures of what Democratic success in :he city, followed by probable success in the county aad State next year, will mean to them. Chairman Meeker has denied this, asserting that Mr. Taggart has not gone over his head, but is meeting such workers as he, Meeker, culls in. Keeping the workers from bolting Meeker's authority has been one of the chief Democratic problems, according to observers. The Republicans got a corresponding amount of cheer out of the fact that Fortner Mayor Charles W. Bookwalter has lent his eloquence to tho support of Mr. Shank and the rest of the ticket. Mr. Bookwalter'* physical condition, following a long Illness, is not such that he can be used in any strenuous program, so he is being booked only at strategic times and places. PATCHING UP AVEAK SPOTS. For the last week or ten days the Republicans have been seeking out and attempting to patch weak spots In their organization. Republican leaders are known to have had Information of Ralston leanings on the part of several precinct committeemen. Just as the Democrats have discovered soma of their field men to be inclined toward Shank, for some time. The fact that the Republicans are f'bulidlng around” such committeemen cropped out last wceg when the committeemen of the two Irvington products complained to the Indianapolis News that they had "had their boards taken away from them” this is a favorite way of shearing a product committeeman of hi* power to do damage on election day, politicians statu, and the News-Jswett rganitatlon used it extensively In *u effort to nominate Thomas C. How# over Mr. Shank in tae primary. "SAVE INDIANAPOLIS” 19 BATTLE ( KY. Apparently with more money at its disposal than either the Democratic or Republican organizations the “Republican movement for Ralston” announced 1* would spend the week advertising to “Save Indianapolis." Ail of !U; guns were to be trained upon Samuel Lewis Shank a being undesirable. Republican speak**xs were expected to continue tho strategy of last week against the “movement," namely, that of announcing the ttainee and history of somi of the men comprising (lie “committee of 100” which signed as original backers of the moverr -nt M. H. Camden, Republican speakers* bureau head, announced that ell Republican meetings for Friday have been canceled because of the celebration In honor [of Marshal B'nrh. lie said the entire ; Republican organization is being inrafructed to desist from political effort.* and lend ail Its assistance in giving the distinguished visitor a welcome which will go down In history. Leo Traugott of the Fair Store. 311 West AYashlngfon street, has asked Itejns- [ ter A. Bingham, president of the Marion I Club, to remove his name from the list

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of vice presidents for the Marion Club Shank meeting next Saturday night. Mr. Traugott’s letter to .Mr. Bingham I Is as follows; “I notice In this morning’s Star, with much surprise, my name as one of the vice presidents listed for the Marion Club Shank meeting next Saturday night. “I have been out of the city for more than a week and my selection as a vice president was made without my knowl- ; .edge or consent. -i “While Z am a Republican, I have al- j ways reserved the right to vote independently in local elections, and as X am not going to support Mr. Shank in this election-, I demand that my name be [ withdrawn from the list of Tice presidents for the Saturday night Shank meeting to be held under the auspices of the Marion Club.” CENSURE VOTE MOVED AGAINST LLOYD GEORGE (Continued From Page One.) ents looked for an overwhelming majority in support of the cabinet and the Lloyd George Irish policy. The promise of fireworks on the floor of Commons resulted in a crowded house, with every member in his seat. In (he meantime the Irish peace conference was halted In Its sessions. It is expected it will resume tomorrow at the premier's official residence at 10 Downing street. The crux of the Irish peace situation today was ns follows: Tho Sinn Feiuers are demanding that the proposed central parliament at Dublin shall be supreme and that any secondary legislature at Belfast must deal only with local affairs and be subservant to Dublin. The Ulster unionists oppose this arrangement and demand an equal voice in Irish affairs with the Sluy Felners. It was admitted In official circles that the Premier s proposed trip to Washington is again hanging in abeyance, anl that it will depend entirely upon the outcome of the vote In Commons and the result of the Irish peace conference sessslon tomorrow. It was understood that th# Premier in his speech would refuse to disclose the program achieved in tne Irish peace parley and would not discuss plans for the future, but would emphasize tiq* break off of the parley would mean the downfall of the coalition government, also Intensified civil war in Ireland. The Premier was expected to point out the tremendous price that England would have to pay in money and blood if war were resumed in Iroland. Shoots Wife and Child; Kills Self ET.IZ.VBnTn, N J. Oct. 31—Martin Smith, a school teacher, shot his wife, hi* 5-year-old child and then killed bln: self in their home near here today. Police could uncover no motive for the shooting. The child, shot through the head, died Instantly. Smith lingered until he was taken to t hospital, but -lied before tnak lng a statement. The wife Is in a serious condition in tho sum# hospital.

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