Newspaper Page Text
Columbia, Special.-The National
Association For the Study and Pre
vention of Pellagra was formally or
ganized Thursday at thc conclusion
of a two days' conference 'on pe1
lagra attended by raore than three
hundred physicians, the first meeting
of national scope held in this country
for the study of this disease. Dr. J.
W. Babcock, superintendent of the]
South Carolina State hospital for
the insane, Columbia, was elected]
president of the association ; Dr. Wil
liam A. White, superintendent of the |
United States hospital for the in
sane, Washington, 1). C., vice presi
dent, and Dr. George A. Zcller, su
perintendent of thc State hospital for
the insane, Peoria, UL, secretary
tresurer. Later a vice president for
?ach State interested in the move
ment will be named.
An official pellagra congress, to be
beld under the auspices of the asso
ciation, is scheduled for June, 1910,
in Peoria, DI., which city was chosen
withoat a contest.
The association, following the*pre
sentation of forty-odd addresses and j
papers by men prominent in the med
ical profession, covering a wide rang?
of investigation of pellagra in the
United States and foreign countries,
unanimously adopted the following
resolution, presented bj' Dr. J. How
ell Way of thc North Carolina Board
Dr. Way's Resolution.
s: Resolved, That this conference
recognizes the widespread existence
of pellagra in the United States and
.trrgas upon the national government
the necessity of bringing its powerful
resources to bear upon, the vital ques
tions of its cause, prevention and con
PEARY ENDORSED BY SCI
Washington, Special.-For having
reached the North Pole, Commander
Robert E. Peary was voted a gold
medal by the National Geographic
The board of managers of the So
ciety acepted unanimously the report
-?f its substitute committee of
scientists, who had examined the ex
plorer's records and" proofs, and
found them to- be conclusive of his
?claim that he had reached the Pole.
Report of the Committee.
"The substitute committee, to
which was referred th? task of ex
amining the records of Commander
Peary in evidence of Bi* 1 having
reached the North Polo,'beg to re
port they have completed their task.
<l Commander Peary has submitted
to. thi? substitute committee his
original journal and records of ob
servations, together with all o? his
. instruments and apoaratus and cer
tain of thc most important of the
scientific results of his expedition.
These have been carefully examined
by your substitute committee and
they are unanimously of the opinion
that Commander- Peaiw reached the
"North Pole on April 6, 1009.
"They also feel warranted in
-stating that the organization, plan
Taing and management of the expe
PRESIDENT TAFi HAS GR
Charleston, S. C., Special.-Arriv
ing here at dusk Friday evening
President Taft had one of the most
picturesque receptions of his Ir?p.
At the head of a procession of au
tomobiles, and escorted by an impos
ing array of military organizations he
passed through the principal business
streets-of the city, under arches of
-electric lights that gave an illumina
tion almost equal to day. The side
walks held a .throng tliat at place?
overflowed into the streets and the
President's progress from the union
RUxMOR ABOUT EX - PRE?
New York, Special.-Another of '
.those apparently absurd rumors that
bob up almost every time a prominent J
man gets out of direct touch with the!
' world, went skipping over the coun-j
try Friday concerning former Presi
dent Roosevelt. This wiH-o'-?|ie
wisp had it that Mr. Roosevelt had
Tieen killed in Africa and because of
;ibe dangers of African hunting fresh
ly imprinted on the public mind by
TARREEIS* JUNKET TO DURI
Raleigh, Special,-The national
rf armers ' congress, now holding an an
nual meeting here, was piloted to
"Durham to set thc great tobacco fac
tories of the American Tobacco Com
pany and to. Greensboro to inspect
"the cotton mills of the Cones.
More t>.an five hundred delegates,
?coming from almost every State in
iVhWh ,fil?tf? JZLJE.
Before insuring elsewhere
?Oki Line Companies.
At Tho Farmer*?
3d io Stu?y Iis Mys
and Check Its :
f "Resolved, That while sound corn
is in no way connected with pellagra,
evidences of the relations between
the use of spoiled corn and the pre
valence of pellagra seem so apparent
that we advise continued and syste
matic study of the subject, and, in
the meantime, we commend to core
growers the great importance of full}
maturing corn upon the stalk before
cutting the same.
"Resolved, That the work of thii
conference be brought to the atten
tion of the various State and Terri
torial boards of health and they sev
erally be urged to specially investi
gate the disease, particularly as re
gards its prevalence, and that the.T
also see that the proper inspection
of corn products sold in. the varioui
States be had."
In another resolution adopted, Dr.
Babcock was recognized "as th?
father of the movement for the studj
and control of pellagra in America."
Disease Attacks All.
One of. the most interesting ad
dresses of the conference was deliv
vered by Dr. Sara A. Castle of Merid
ian, Miss., who mad? the somewhat
'startling statement that of the mao3
cases of pellagra which she hal*
treated since it was first recognised
in Meridian, six of the patients wer?
socially prominent in the city, aui
fve of these died. It is not neces
sarily a disease confined to the poor,
according to a prevailing popular im*
pression, declared Dr. Castle. Ali ol
lier patients were eaters of corn
bread and grita. She stated also
that several of her hookworm pa
tients subsequently developed pel
lagra and died.
Dr. J. M. Buchanan of the Stat?
hospital, Meridian, Miss., addressed
the conference on the treatment pf
cases in that institution. A number
of other addresses were delivered at
the closing sessions.
ENTIST5 RECEIVES MEDAL,,
dition, its complete success and its
scientific results reflect the greatest
credit on the ability of Commander
Robert E. Peary and render him
worthy of the highest honors that thc
National Geographic Society can be
stow "upon him. (Signed)
"C. M. Chester. .
"0. H. Tittman.." '
The resolutions adopted by the So
ciety were as follows:
"Whereas, Commander Robert E
Peary has reached the North Pole,
the goal sought for centuries.
"Whereas, this is the greatest geo
graphical achievement that this So
ciety can kave opportunity to honor,
"Resolved, that a special medaJ
be awarded to Commander Peary.
"Resolved, that the question of
whether or not anyone reached th?
North Pole prior to 1909 be referred
to the committee on research with in
structions to recommend to the board
of managers a substitute committee
of experts who shall have authoritv
to send for papers or to make such
journevs as may be necessary to in
spect records and that this action of
the Society be communicated at onec
to those who may have evidence of
EAT TIME ifl CHARLESTON
station to thc home of Mayor Rhett,
where he spent the night, w?s
marked by cheers. Mr. Taft is no
stranger to Charleston. He has been
here five times in recent years and
said in Savannah that he "was go
ing home to Charleston." His recep
tion at-night was a repetition of th*
cordial welcomes the President had
received elsewhere throughout the
South and which have made his stay
in this section of the country one of.
the pleasantest features of the long
Mr. Roosevelt's magazine articles,
there was some uneasiness until
Douglas Robinson, Mr. Roosevelt'?
brother-in-law, said emphatically that
he took no stock in such reports. Mr.
Robinson, branded the first vague re
ports of the day as false and when
informed that later rumors had it
that he (Mr. Robinson) had been ad
vised by cable of Mr. Roosevelt '?
death, he authorized another vigorous
SAM TOBACCO FACTORIES.
the Union, enjoyed the junket, which
was made on a special train. The
visitors were delighted with ?he recep
tion griven thc::i everywhere.
Ambassador Bryce and Secretary
Wilson of Hie Department of Agri
culture at Washington, two of thc
most remarkable men of tho agc.
were in tb<? party and made short
talks in both of the towns.
r & BYRD
e.- We^represent the Best
Bank o?' ?dgcfield
The Clark School for the Deaf at
Northampton, Mass., is the largest
single beneficiary un dar the terms
of the will of the late Gertrude M.
Hubbard, who was killed in au au
tomobile acident here October 15. ^.n
leaving' $30,000 to that institution
she directs that it be used for the
erection of a memorial building to
her husband, the late Gardiner
Greene Hubard, the founder of the
Nation Georgraphic Society, in whose
honor the present home of the insti
tution was built.
The corwning event of the visit to
Washington of the Commercial Com
missioners from Japan, headed by
Baron Shibusawa, came at the end
of the three davs' festivities here,
when Mr. Matsui/ counselor and
charge d'affaires of the Japanese
Embassy, gave an elaborate dinner
in their honor at the Willard Hotel
Wednesday night. The dinner was
given on the birthday of the Japanese
The question of granting-naturali
zation to Turkish subjects is for the
determination of compentent courts.
This is the attitude of the State De
partment as defined in a statement
issued Wednesday and is taken to
indicate that tho deparetment is not
prepared to accept without question
the conclusion of the Bureau of Nat
uralization thal Turkish subjects are
not entitled to naturalization.
On the ground that they have sent
circular matter through the United
States mails exploiting the Hamburg
State lottery, fraud ordets have been
issued by the Postofiice Department
against Franz Steinbeck and C.
Schweedt, both of Hamburg, Ger
many. Loewenherz & Co., of Ham
burg, and Louis Gyrard, of Paris,
have also been placed under the ban.
Rich mineral deposits, principally
coal, have been discovered by Gov
ernment agents on large tracts of
i public land in New Mexico, and the
Interior Department has withdrawn
from public entry class in that State
approximately 162,440 acres pending
A postal deficiency of $17,479,770.
an increase of $509,491 over last year
was announced in the annual report
of Merrit O. Chance, auditor of the
Postofiice Department, made public
Wednesday. The audited revenues
for the fiscal year ended June. 30 last
amounted to $203,562,383, an increase
of (5.31 per cent, over the preceding
year. The audited expenditures in
creased 6.07 per tent., including
losses hy fire, burglarly, etc.
A whirlwind tour of the city, a
pilgrimage to Washington's tomb at
Mount Vernon, and a sviit to the
Congressional Libarry and the Cap
itol filled the first day at Washington
of the honorary commercial com
missioners of Japan.. The commis
sioners and their party were espec
ially, pleased ^ith the Congressional
Library and the Capitol, which were
especially illuminated in their honor
Monday night. The flag on the Cap
itol flew at half-mast out of respect
to the memory of the late Prince Ito.
People who have recently delighted
in the fact that the hook worm dis
euse was prevalent in thc Routh, got
a good hard jolt here Wdenesday
when it was reported that at least
one hundred cases exist under the
very shadow of the Capitol dome.
The commander-in-chief of the
Pacific fleet reports by cablegram the
following deaths in the fleet en, route
from Honolulu to Mani!?., where lt
arrived Sunday: Roy E. Vermilyea,
Henry J.- Smith, Otto Doerr.
Imports into the United States
from the Philippines during Septem
ber, 1909, the firit full mouth under
the new tariff, amounted to only
$821,036, against $1,631.976 in Sep
tember of last rear. All the imports
last month entered free of duty ex
cept $426 worth. No sugar produced
in the Philippines was imported into
the United States during the month
though in September, 1908. the quan
tity was ' 35,168,000 pounds. The
August import statement showed 9.
856,000 pounds of sugar coming in
from the Philippine Islands free of
duty under the new tariff, as against
24,040,000 pounds dutiable in August
of the preceeding year.
To devise some means of defense
against aerial invasion, the bureau of
ordinance of the War Department, it
was learned, is about to begin a series
of 'experiments of shooting at air
craft with cannon.
Ormsby McIIarg, Assistant Secre
tary of Commerce and Labor, retired
October 30th from that office to be
gin the practice of law in New York
Peruvian Guano Exhibit at State
The Peruvian Guano corporation of
Charleston had an interesting; exhibit
in thc commercial building, which wai
the only exhibit of fertilizing material
at the fair this year. The object of
the exhibit is not only to call the at
tention of farmers and others not al
ready familiar with it to the value of
Ibis wonderful fertiliser, but to cor
rect thc- false impression that it is a
manufactured article. The Peruvan
guano concern, according to the com
pany, is as pure as the iirsh shipload !
hrodght to this country. It is the un- ?
surpassed product of nature, and can >
not. bc imitated or approached by
chemistry. The eoinDany had the
enano on exhibit and took pleasure
in giving samples in convenient
packages to those interested.
A mother is satisfied if her daugh
tor gots a igood steady man for a j
husband, muses the Atchison Globe, j
but she demands a princoss for hei ,
SNAPPY ?ND BRIEF
(terns Gathered and Told While
You Hold Your Breath.
Lively and Crisp1 as They Are Gar
nered Fron the Fields cf Action
at Home and Abroad. _
Thirty students of the Georgia Mii
. ltary academy are still sick from the
eating of boneless ham that contain
ed ptomaine poison.
Two of Wilbur Wright's students
at College Park made a- fly of 613-1
minutes duration Wednesday, exceed
ing all amateur records and coming
nearly up to their tutor.
Tom L. Johnson for 12 years mayor
of Cleveland, Ohio, was defeated in
the election Tuesday.
It is said that fie'cranberry crop
of* Massachusetts is 32 per cent and
that of New Jersey is 80 per cent
greater this year than last year, mak
ing something of an impetus to the
turkey Thanksgiving dinner.
The "loving cup" presented by
Mrs. Lindsey Patterson of Winston,
N. C., for the best literary work for
the past year was won bv Mr. Clar
ence Poe, editor of the Progressive
Farmer. It was presented on Thurs
day by Ambassador Brice who at
tended the farmers' congress at Ra-,
leigh. The book on which Editor Poe
won the prize is entitled "A South
erner in Europe."
The Seaboard Air Line Railroad is
now restored to the management of
it? regular officials, all of who-j arev
retained and the policies are to be
continued by which the receivership
made it a crowning success.
A serious situation exists a-t Gass
away, W. Va., growing out of an
assault by a negro man on a white
woman. The supposed guilty party
was shot down while running to es
cape. Two others said to be accom
plices are in jail and mobocracy
reigns. Two military companies are
. present but in answer to Gov. Glass
cox's direct question the captain said
his men had voted to do all they could
to save the prisoners except to shoot
their fellow citizens.
William Halloway, of Sioux City,
Iowa, had lost his sight. His son
Tom had been away for some time
and on visiting his father recently,
the latter buried his face on Tom's
shoulder and wept. When he wiped
away his tears he could see his son.
The Lakes-to-the-Gulf vraterways
association mean to send 5D0 lobby
ists to the national capitol at the
next session of ccagress to urge ac
tion oh the subject.
Trespassing on railroad property
in violation of law, says the Phila
delphia Dispatch, is responsible for
47.416 deaths in the United States
within, the last 10 years, and along
with these were more than *$50,000
Rougier, the French aeroplanist,
made a flight Tuesday at Antwerp,
in which he attained a height cf 880
The great national Farmers' Con
gress met in Raleigh, N. C., Thurs
day. Ambassador Brice from the
court of St. James was the prin
cipal speaker and greatly pleased his
Gov. Ansel, of South Carolina, or
dered the dispensaries closed Friday
and Saturday as a means of preserv
ing the best of behavior while Presi
dent Taft was the city's guest.
The National Association for the
study and prevention of pellagra was
formed at Columbia, S. C., on Thurs
.day night at the close of a two days
conference for the study of the dis
Otto Muller who murdered Annie
Luther in New York State n.ow con
fesses to have murdered seven wives.
His motive seems always to have
been to obtain a few hundred' dollars\.
Practicing physicians, heads of
medical colleges and prominent edu
cators will convene at New Haven.
Conn., on the 31th and 12th to con
sider means to lessen the mortality of
A monument to the Confederate
veterans of Granville N. C., county
was unveiled at Oxford last Satur
Kentucky farmers not in the com
pact are again uneasy and are ann
ing against the outrageous barnburn
ing night riders.
Nine lives were lost in a burning
banh) building at Johnsburg, Vt., on
Forty-five fine horses and mules
were burned in a livery stable fire
at Pelham, Ga., on Monday.
Two men were killed md one was
sariously scalded in a freight wreck
at Hannastown, Pa.@. Saturday.
Milton Mullen, an old man living
near Rolfe, Logan county, W. "Va.,
believing that he was a;oing to die re
vealed to his grand son the hiding
place in thc ground of $7,000 which
he had accumulated. It was first
thought that his mind was wander
The New York to Atlanta autoists
reached Charlotte, N. C., Saturday
evening and left there Monday morn
A. J. Denton was instantly kiPed
and William Can-oil was seriously in
jured by a boiler explosion at Pur
cell, Lee county, Va., Monday. -
Bad political blood is again at the
boiling point in Jackson and Breath- j
itt counties, Ky.
John Stewart Kennedv, . financier
and philanthropist, died in New York
Sunday of whooping cough at the age
cf 80 years, less two months.
Cadet Eugene Byrne died at West
Point. N. Y.. Sunday from injuries
received in a game of foot ball.
New Huies Needed to lessen Chances o
Leads to Changes at Conference tc
to Saye Game or Abolish It-Ex
DEATH LIST IN
THREE GREAT SPORTS.
The following table gives the
comparative number of deaths in
baseball, football and automobil
ing since '1905:
Year, ball. ball. Auto. Tot.
1905..... ll 21 - 33
1906. 19 16 3 38
1907..... 13 13 7 33
1908. 42 21 8 71
1909. 39 ll 16 53
Totals... 115 S2 34 227
New York City.-The unfortunate
and untimely death of Cadet Byrne
has focussed American attention on
football as it is played to-day and
given to it the worst black eye it aas
had in many a year. For coupled
with the West Point fatality is the
case of Midshipman Earl Wilson, the
Navy quarterback, who was probably
mortally injured in a flying tackle in
the Annapolis-VIllanova game.
The unfortunate accidents have ex
cited interest all over th? country,
and the' question that is being asked:
"Are such accidents avoidable?" is
being answered in the negative.
As a result of the death of Cadet
Byrne, of West Point, and the dan
gerous injury to Midshipman Wilson,
of Annapolis, in games of football, it
is likely some action will be taken
by the college football conference as
sociation to eliminate certain rough
features of the present game.
Four years ago, after the death of
Harold Moore, of Union College, who
was injured in a game with New
York University on Ohio Field, a con
ference ol universities and ?ollee es
was called by Chancellor MacCrackon,
of New York University, which prac
tically revolutionized the game. Mass
plays have given way for the greater
part to more scientific methods and
greater stress has been laid, experts
say, on speed than on weight. It
was thought the new rules of open
play, the forward pass and the out
side kick would minimize the danger
of the sport.
It has been said that the greatest
of injuries come from the bruising
mass plays, but it is pointed out in a
very significant manner by those op
posed to even the so-called new game,
that Villanova has a lighter team
than the Navy, and that the weight
question, therefore, can hardly entsr
into the present discussion.
The opinion was general among all
the ex-college players seen that the
trouble lies not in the differences of
weight, not in the differences in meth
ods of training-for it is pointed out
that the best conditioned under-grad
uate bodies in the world are the corps
of cadets at West Point, and the
brigade of midshipmen at Annapolis
-not in inferior football knowledge,
not in any of the usually accepted
theories, but in the rules themselves.
There never was a harder player,
a more difficult man to stop, or one
who knew more of the ins and outs
of mass playing under the old rules
than Robert P. Kernan, of Harvard.
In discussing the new game, as op
posed to the old, with particular r2
gard as to whether the rules had been
really revised, he said:
"They say they've opened the
game. Maybe they think they have.
But just look carefully at the penal
ties that surround an incompleted
forward pass. On the first and second
downs an incompleted forward pasts
entails thc loss of fifteen yards. Well,
a team's hardly going to take a
chance on that play; then, when lt
has, it is backed up somewhere near
its own goal line or even in its own
territory anywhere when it's playing
against an opponent of nearly equal
strength. It would indeed be too haz
"Again, on the third down, if .a
team tries to pull off the forward
Dass and it falls to the ground, the
Cornell Scientist Compares Football
to Bull-Raiting and Prize Fighting.
Ithaca, N. Y.-Burt G. Wilder, the
Cornell scientist, attacked football
again, advocating its abolishment:.
While he declared that the recent
casualty had no particular influence
on his mind, he hoped the views of
other men might be changed.
He said he would rather encourage
bull-baiting and prize fighting than
football on the ground that resultant
deaths would help the community.
He used one of his favorite terms,
calling football a relic of barbarism.
The Field of Sports.
Jack Johnson is f? feet *4 inch in
height. James J. Corbett is 6 feet
1 inch tall.
The Detroit Baseball Club will net
a profit of $200,000 on the season
The sixteenth annual relay races of
the University of Pennsylvania will
be held on Franklin Field, Philadel
phia, on April CO next.
Arthur Irwin, who studies baseball
closely, pays the Detroits lost the
world's championship because the
Pltrsburgs mads a dead set for Cobb
and Cranford. _ . ."
? G. Williams, in the Indianapolis Newa.
OT-DAY FOOTBALL GAME?
f Fatal Injuries-Death of Cadet Byrne
t Be Held-Hp to Rules Committee
pressions From College Centres.
ball goes to the opponents on the Spot
where the hall was put in play for
that third down. Who's going to try
a forward pass under such condi
tions? Naturally enough, sjnce they
are hampered by such a rule, a team
in its own territory has simply got to.
stick to line bucking on .the first two
downs and punting on the third."
Asked how he would remedy this
difficulty, Mr. Kernan said:
"Easy and simple. Let' them re
move these penalties, or else modify
No Remedy, Says Coach Warner.
Carlisle, Pa. - Glenn S. Warner,
the Carlisle Indian football coach,
"Of course football is a rough game
and there is an element of danger in
it, probably but little more so that in
other branches of athletics. It is sim
ply an unfortunate coincident that
these accidents have happened. They
are not due to any radical fault in the
game, and I don't see any way to rem
edy the rules to make football less
rough, although I think changes can
be made in the rules to make it a bet
Principal Wants to Stop the Game.
Brooklyn, N. Y:-*-Dr. William Fair
ley, at Commercial High School,
"t thoroughly disapprove of foot
ball, and I wish I could stop it imme
diately. It is rough and brutal and
should be abolished. I am writing to
the parents of the football players in
my school, hoping that enough will
prohibit their sons from playing so
that the team will break up. I am
also demanding a signed statement
from the family physicians declaring
the candidates to be physically fit to
Play." j .
Fighting Safer Than Football. "*
Pittsburg. Pa.-Because of the ro?
cent football fatalities, Samuel An
drews, superintendent of,the public
schools of Tittsburg, took a decided
stand against the game, and it is
probable that every influence will be
brought to bear for the suppression
of football here.
"I think fighting is a better sport,'*
said Superintendent Andrews. "Too
many young men are killed and seri
ously injured in football, and the
game should be done away with."
No Remedy, Says Referee Sharpe.
Philadelphia.-Dr. A. L. C. Sharpe,
the famous Yale player of the '90's.i,
now acting as athletic director at the
William Penn Charter School in Phil
adelphia, who served as referee of the
Harvard-West Point game, stated that
the fatality was due to an "unfortu
nate accident as distressing as un
"There was no fault of the coaches
that contributed to Eyrne's death. I
noted that he was in fine physical
shape, in perfect health, I might say.
I was behind the Harvard line at the
time of the accident. Just as soon as
the ball was snapped back Byrne dove
in between left tackle and guard. The
Harvard players moved right on and
Byrne was stretched on the field. The
whole thing-occurred so quickly that
no one will ever know just how it did
actually occur. It was not due to the
roughness of the game, for I have sel
dom officiated in a footoall game'
which was so cleanly and fairly
played. There was not the faintest
indication of unnecessary violence,
and no uncalled for piling upon the
player after he had been trrown."
"Can you su-j^st any modification
of the rules v/hich might insure more
safety to the players?" was asked.
"No," was Dr. Sharpe's emphatic
reply. "Most of the injuries in foot
ball to-day resulted from tackles, and
if you were to eliminate tackling you
could not play football. Personally I
think that all the criticism of football
and present football rules is unde
served. Football is too firmly estab
lished as a sport of the colleges to be
abolished because of fatal injuries in
Yale M.m to Be Carefully Watched
For Signs, of Exhaustion.
New Haven. - Although no Yaie
football officials admit need of foot
ball reform, two strict innovations
will mark Yale's remaining g?raes of
the season. No diving tackles will be
allowed, and Mack, the trainer, will
promptly remove any player who
shows signs of exhaustion.
.'. It'is certain that the Yale faculty
will hold a protracted discussion on
football, but will not act until they
note how many players are injured in
the remaining games.
Items of Interest.
Unionists are hopeful of victory In
The United States Pacific fleet ar
rived ac Manila.
Cases of champagne to the number
of 150,000 were released from bond
at the New York Customs House.
Four British warships have arrived
at Phalerum, near the Piraeus after
the revolt in the Greek navy had
Leading physicians and pilanthro
pic workers decided to meet in New
Haven to consider means of prevent
ing Infant mortality.
LABOR LEADERS LOSE
Gompers, Morrison and Mitch
el] Not Sustained in Appeal.
ONE APPEAL YET FOR THEM.
Penalty of Imprisonment by Lower
. Court, For Contempt to be Fought
to the End.
"Washington, Special.*-Tbe decree
of the Supreme Court of the District
of Columbia adjudging President
Samuel Gompers, Secretary Frank
Morrison and Vice President John
Mitchell of the American Federation
of Labor guilty of contempt of court
in the Buck's Stove and Range case
was affirmed Tuesday by the court of
appeals of the District of Columbia.
The case will now be taken to the Su
preme Court of the United States.
Chief Justice Sheppard dissented
from the opinion of the court on con?
The court held that the fundament*
al issue was whether the constitution"
al agencies of the government should,
be obeyed or defied. The mere fact;
that the defendants were the officer
of organized labor in America, sauft
the court, lent importance to tb*
?muse and added to the gravity of th?
situation, but it should not be per
mitted to influence the result.
"If the organization of citizens,
however large," the court held, "may
disobey the mandates of the eourt,
the same reasoning would render them
subject to individual defiance. BotI*
are subject to the law and neither is
above it. If a citizen, though he may
honestly believe that his rights have'
been invaded, may elect who and te
what extent he will obey the man
dates of the court and the require
ments of the law ss interpreted by
the court, instead of pursuing the or
derly course of appeal, not only the
courts but government itself would
become powerless aud surely would
be reduced to a state of anarchy."
The action of the Supreme Court v
of the District of Columbia in sen
tencing Samuel Gompers, John Mitch
ell and FranTc Morrison of the Ameri
can Federation of Labor to 12, 9 and
G months' imprisonment in jail re
sepctively, was the result of the fail
ure of these three defendants to obey
the order of tho court directing them
to desist from placing the Buck's
Stove & Range Company of St.
Louis, Mo., on their unfair list in the
prosecution of their boycott against
. "While the name of the corporation
was romeved from the unfair list of
I he federation, Messrs. Gompers and
MitcLeN continued to keep alive the
boycott by frequent r?fr?n?es to it
in The Federationist, the official or
gan of the federation. Mr. Mitchell
was involved in the trouble by reason
of his membership on the executive
board of tile federation and because
it was alleged he had made no effort
.to prevent the adoptioa of a resolu
tion at the convention of the United
Mine Workers of America in antag
onism to the Buck's Stove & Range
Company. The result of the boycottv
it was said was to cause a decline in
the business of the stove and ranga
company of 50 per cent.
The boycott placed br the federa
tion against the prodact? of the
Buck's Stove & Range Company grew
out of a fight made by the metal pol-?
ishers' union and supported by the
federation for an eight instead of a
nine hour day. This was resisted by
the company and The Federationist
published the name of Bucks Stove &
Range Company under the caption of
"We Don't Patronize."
Gomper's Comment on Decision.
New York, Special.-President
Samuel Gompers cf the American
Federation of Labor, issued a state
ment in regard to? the decision.
. "With all due respect to the major
ity of the court I cannot surrender ,
constitutionally guaranteed rights be
cause a judge will issue an injunction
invading and denying thefee' rights.
Chief Justice Sheppard's dissenting
opinion is in defense of the constitu
tional and inherent rights. Minority
opinions of courts in the past in
which human rights have been invad
ed have ultimately prevailed, become
the law of the land and the generally
accepted rule of life, and I have an
abiding faith that the rule in this
case will prove no exception.
"If I must go to jail I shall have
the consciousness of the fact that
other men have in the past been com
pelled to suffer, in defense of justice
and right in the cause of humanity:
and for the maintenance of human
"I intend to stay ov?r here Wed
nesday to finish my report for the an
nual^convention at Toronto and also
to attend the wedding of the daugh
ter of a very dear friend of mine,
but I am going to change my plans
and shall leave so I can gel into
Washington as soon as I can. I
want to be within the jurisdiction of
the court whatever disposal is made
of the case."
Mr. Van Cleave's Comment.
St. Louis. Special.-J. W. Van
Cleve, president .of the Buck's Stove
and Range Company, Tuesday in a
statement concerning the decision in
the case of Gompers, Morrison and
Mitchell, said :
"The assault upon me by the Am
erican Federation of Labor in 3906
was plotted in cold blood. I was as
saulted not as an individual but ns
president of the National Association
of Manufacturers. The federation
did this in order to s>ow its power.
It aimed to strike terror into every
body outside its own ranks-workers,
employers and the irenoral public
alike, and to coerce the President of
thc United States, the Congress and
the courts, Federal and State, to do
"It must be remembered that these
men arc not convicted because of
their attempt to destrov tue business
of the Buck's Stove and Range Com
pany but because they openly defied
tlie order of the Fed ?ira 1 court."