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The Butler County press. [volume] (Hamilton, Ohio) 1900-1946, November 23, 1928, Image 1

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Indianapolis, Ind. (I. L. N. S.)—A
Tennessee supreme court decision
that went against a coal compnay
that violated its contract with its
union employes, is holding the inter
est of United Mine Workers officials,
who are musing over its potentiali
The decision, in brief, holds that a
union miner, discharged from his job
on insufficient grounds, can collect
wages for the duration of his con
The supreme court has allowed, in
a decision just handed down, H. L.
Ault, of Anderson count, a claim of
$650 in back wages against the Cross
Mountain Coal Company. Ault al
leged that he was under a two years'
contract with the company, a contract
made by the union and the Tennessee
Coal Operators. He was laid off when
the mine shut down in May but was
not re-employed when the mine
opened in November. The fact that
he was an officer of the union pre
vented him being hired, Ault testi
fied. Ault sued for wages for the
duration of the contract, but the court
held that the closing of the mine, at
one period, due to no market for the
coal, was not a breach of contract as
far as Ault was concerned, and re
fused to make an award for this
What Court Held
The court held that the coal com
pany breached its contract in the fol
lowing particulars: (1) "'The defend
ant locked the plaintiff out of its
mines and refused to allow him to
work for it under the contract, on or
about the 10th of May, 1921. (2) The
defendant breached the contract when
it refused to pay the plaintiff scale of
wages set out in the contract, and on
or about the 10th of May, 1921, the
plaintiff had to seek work elsewhere.
(3) The defendant breached the con
tract because it refused to allow the
plaintiff to work for it because he
belonged to the United Mine Work
ers of America."
The coal company did not introduce
any evidence in the lower court trial
of the case, but relied upon its motion
for a directed verdict, made at the
close of the evidence offered by the
plaintiff. The company, at the trial,
contended that the proof failed to
show that it had ever agreed to or
accepted the agreement entered into
between representatives of the min
ers and operators. However, a copy
of the agreement was offered in evi
dence bearing the indorsement: "Ac
cepted, Cross Mountain Coal Com
Court Awards Back Wages
To Union Miner Discharged
In Violation of Contract
Washington.—Senator McNary, co
author of the rejected McNary-Hau
gen farm relief bill, will re-introduce
this legislation, minus the equaliza
tion clause, when congress convenes
next month.
The equalization clause was the
bone of contention and resulted in
President Coolidge's veto of the bill,
Senator McNary's new bill will be
along suggestions made by President
elect Hoover, and he hopes this leg
islation will be approved before con
gress adjourns on March 4 next.
Some farm relief advocates doubt
if the bill can be passed in such
short time.
pany, by W. P. Davis, general mana
ger." The trial court instructed the
jury that this copy was prima facie
evidence of the acceptance of the
agreement by the Cross Mountain
Company despite the fact that the
signature of Davis was not proved.
In reviewing the case the Tennessee
supreme court held that these f&cts
were without error.
Other Suit# Pending
A number of other miners who also
were refused further work because
they belonged to the union, and whose
contracts with the company were
breached by the operator, have suits
pending against the concern to col
lect under the contract, as Ault has.
The decision, as far as known, sets
a precedent in the matter of holding
employers to contracts in the matter
of wages. Up until now it has been
an easy matter for coal operators to
snap their fingers in the faces of their
workers, contract or no contract, and
lock them out on the most flimsy pro
text. If employes have legal recourse
in such contract violations it means
much to those who have felt the abuse
of contract repudiation.
For Employment Encour
aging, Coolidge Is Told
Washington, D. C. (I. L. N. S.)—
President Coolidge, who is assured of
employment for himself this winter,
believes unemployment will not be as
heavy in the coming cold months as in
past years. This was stated officially
at the White House on November 13.
The president's optimism, it was ex
plained, is due to encouraging reports
from the department of labor on the
employment situation. The reports,
which were given to the president by
Secretary of Labor Davis, show in
creased demand for labor throughout
the country in October and in the first
week of November.
The information submitted to Presi
dent Coolidge by Secretary Davis rel
ative to the employment situation was
based upon the report of the depart
ment of labor on general labor con
ditions for October.
This report, it was said at the de
partment of labor, shows a well sus
tained employment in the larger in
dustries and considerable gain in em
ployment in some industries.
Preliminary reports for the first
part of November will, it was said,
show a still further improvement in
employment in many of the country's
leading industries.
Washington.—It is estimated that
the 14 leading cities divided their vote
between Hoover and Smith. Except
ing New York, Boston and Los An
geles, there was no pronounced de
cision. The unofficial returns show
Smith received 1,153,590 votes in New
York against 704,857 for Hoover. In
Boston, Smith received 192,257 and
Hoover 94,527. In Los Angeles, Hoov
er received 471,196 and Smith 149,379
The total unofficial vote in the 14
cities was: Smith, 3,420,769 Hoover
Demand the United Garment
Workers of America Label
When buying a suit, and we are headquarters for this Label in Hamilton,
Union Men, give us a trial on that next garment.
Ready-to-Wear Hand Tailored Topcoats and
Overcoats $19.75—Real Values
Up-To-Date Tailors
235 Court Street Hamilton's Leading Tailors 25 Years
New Orleans, La. (I. L. N. S.)—As
the American Federation of Labor
opens its forty-eighth annual conven
tion here, the outstanding facts is that
the membership of unions affiliated
to the federation has shot up over
the three and a quarter million mark
and is or the rise.
The paid-up membership shows a
gain of some 75,000 over last year,
but it is not until the exempt mem
bership is added to the total, as it
should be, that the true membership
figure is found. Owing to strikes
and lockouts there have been, it is
calculated, a half million members
exempt from dues during the year,
and the addition of these most loyal
of all members, those who have stood
on the firing line during the year,
brings the total membership up to
well over 3,250,000, a figure that goes
high over any mark set in the last
six years.
This convention will, in important
respects, differ from all previous con
ventions. The executive council lays
before the convention a report that
directs action into what may be called
a moi'e statistical, charted and scien
tific channel. The blue print is called
for more than ever, if the report is
accepted as a guide, and it undoubt
edly will be.
In addition to reviewing the strug
gles of the year the report deals with
the late political campaign and re
views the legislative work of the year.
Union Tailored
To Measure
A. F. of L. Membership Goes
Beyond 3,250,000 Marl
Year Sets Highest Figure
Since 1921 Departments
Also in Annual Sessions
But major emphasis is placed upon
the development of organizing efforts
along lines that are calculated to put
into organizing work and into the
operation of unions as going con
cerns something of the efficiency of
modern business.
Prior to the opening of the A. F.
of L. convention the department con
ventions were held, including the
metal trades, building trades, union
label trades and railway department.
Other meetings to be held during
the convention period include a meet
ing of the directors of the Union La
bor Life Insurance Company of Amer
ica, which owns and operates Inter
national Labor News Service.
Rate is Reported Decreasing
Washington, D. C. (I. L. N. S.)
The accident rate among railway em
ployes on duty was reduced about 17
per cent in the first seven months of
1928 compared with the same period
in 1927, according to the bureau of
statistics of the interstate commerce
commission. There was an improve
ment in every railroad operating de
partment, resulting from the safety
campaigns which the railroads have
conducted for years.
The measuring rod which the com
mission applies in determining the
relative degree of safety is the figure
showing "casualties per million man
hours." This covers the actual num
ber of hours worked by all employes
of the steam railroads during the
period under consideration.
The commission reports that casu
alties per million man hours, cover
ing both killed and injured employes
on duty, in the first seven months of
1928 stood at 17.07, a reduction of
3.58, or 17.3 per cent, as compared
with the first seven months of 1927
The casualties per million locomo
tive miles (killed an dinjured), which
cvoers both employes and passengers
amounted to 24.48 for the first sevea
months this year, a reduction of 3.33
or 11.9 per cent, as compared with
the same period of 1927.
New York.—The school system of
this city is responsible for the mak
ing of many criminals, according to
Dr. Gilbert J. Raynor, principal of
Alexander high school, Brooklyn.
The educator made a sweeping in
dictment of the school system which
he says, leads many students to take
courses of study for which they are
not adapted, and in which they fail
and this makes social misfits, habit
ual failures and often criminals of
Dr. Raynor urged an increase in the
number of vocational schools.
Subscribe for the Press.
New York.—Unionization of doc
tors to meet present economic distress
of private practictioners was sug
gested at a meeting of the Physi
cians' Progressive League.
Pay clinics, where medical atten
tion "at cut-rate prices" may be had,
and foundation-supported dispens
aries, where "rich and poor alike" are
treated free, were condemned as "un
fair competition, inexcusable in busi
ness and damnable in medicine."
Other phases of an alleged commer
cialization and paternalism of the
practice of medicine were deplored as
placing many doctors practicing pri
vately in financial straits. This, it
was said, resulted in unethical ten
leiu-ies within the profession.
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Halifax, Nova Scotia (L L. N. S.)—
The number of men engaged in the
shore fisheries of Nova Scotia in 1927
was 40 per cent less than in 1890.
There was also a substantial decrease
in the number of men employed in
the deep sea fisheries. But the value
of the fish catch of the province in
1927 was greater than in 1890 by
more than 60 per cent.
The decline in the number of shore
fishermen is attributed by the major
ity report of the Maclean commission,
which recently investigated the Mari
time fisheries, to overproduction, fol
lowing the employment of steam ves
sels operating beam or otter trawls,
drag net towed over the bottom.
The definition of overproduction given
by this report is interesting:
'The phrase, 'glutting' the market,
as used by fishermen, means rather
the control of the market. A 'glutted'
market should mean lower prices to
the consumer. But the consumer's
prices of fish do not change material
ly, even when the product is abun
dant. According to the fishermen's
statements, when there are large
catches of fish, the companies oper
ating steam trawlers do not buy
from the shore fishermen, or they buy
at their own prices, as a rule far be
low a reasonable return. They then
make the surplus unsold fish into fil
lets, smoked or frozen, which are kept
in storage for disposal when the sup
ply begins to decline and demand in
creases. In other words, these com
panies are said to control the market
and the output.
Fishermen Quit Trade
"The shore fishermen have received
as low as 60 cents per hundred pounds
for cod and the usual price paid un
til the last few months (last summer)
has been from one cent to 1% cents
a pound for cod and haddock, depend
ing upon the classification as 'steak'
or 'market.' Recently the price has
reached 2V& to 3 cents, but this is
far in advance of the average price
over a period of years. We are told
by shore fishermen that the average
cost of production is three-quarters of
a cent per pound. As the fisherman
has to sell, as a rule, in the cheapest
market and buy in the dearest, and as
the cost of the necessities of life in
fishing villages and of implements of
production have increased rather than
Rug Sale—This Week
Fishing Companies Control
Market So Big Catches Bring
No Benefits for Consumers
.... Today!
We are showing on our floors an advanced offering of Rugs. And you
have never seen such beautiful rugs of this quality offered at such won
derful values. The prices are really senationally low, and they are full
9x12 size Rugs. You will need one or more to give your rooms that beau
ty, warmth, cheer and luxury for the dark winter days that are just
ahead. Come in today and take advantage of this offer.
9x12 ft
™,d K-R-E-B-S cu«
Join the Red Cross
declined, he feels that it is hopeless
longer to remain in the industry and
seeks employment elsewhere."
A. E. Maclean, chairman of the
commission, in a minority report ar
gues that the causes of the decrease
in the number of shore fishermen were
inherent in the situation, apart from
the steam trawler. Motor power boats
have also increased production. The
number of Nova Scotia shore fisher
men declined by 6,583 between 1890
and 1911 when steam trawlers were
not being employed from its ports,
while the dectease from 1911 to 1927,
the period that the trawler came into
regular use, was only 5,534.
Fishermen Lack Organization
Lack of organization explains some
of the troubles of the fishermen of the
three Maritime provinces. Unions
have appeared from time to time, but
have not developed vitality to keep
them alive and spread. The organ
ized fishermen of Newfoundland and
the Gaxpe Coast of Quebec have suf
fered less from post-war changes
than the unorganized of the mari
times. About the upshot of the Mac
claen commission's findings on the
needs of the fishermen is the advice
that Providence helps those who help
themselves. So an energetic organ
izer might get results among these
Washington.—Seven women were
elected to the new congress, which
will convene the first Monday in De
cember, next year. This is the larg
est number of women ever elected to
the house of representatives.
The present women members, Mrs.
Kahn, of California Mrs. Rogers, of
Massachusetts, and Mrs. Langley, of
Kentucky, republicans, and Mrs. Nor
ton, of New Jersey, democrat, were
re-elected, while the additional mem
bers chosen were Mrs. Ruth Hanna
McCormick, daughter of the late Mark
Hanna, as republican representative
at-large from Illinois Mrs. Ruth
Bryan Owen, of Florida, democrat,
and daughter of the late William
Jennings Bryan, and Mrs. Ruth Bak
er Pratt, republican, of New York.
Read the Press.
-that will
stand the
9 1 2
super quality

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