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ALL MERCHANDISE ADVERTISED. IN THE TRIBUNE IS GUARANTEED Vol. LXXIX No. 26,644 First toJLast.the Truth: News . Editorials Advertisements ffirthtnu WEATHER Showers to-day; to-morrow, fair ami cooler: fresh westerly winds Full Kf port on Vage 20 (Copyright, 1913, New York Tribu ne Inc.l TUESDAY, OCTOBER 28, 1919 * ** *"" vr';> 1? ( within commuting distance . THREE CENTS Elsewhere House Repasses Dry Bill 3 Hours After It Is Vetoed; Senate Expected to Override President in 48 Hours; Lewis Defies White House, Then Calls Miners' Parley Harbor Men Begin 4War' By Big Riot In Brooklyn Two Strikers Shot and Scores Injured by Mis¬ sies ; Police Reserves Make Fourteen Arrests 500 Are Attacked On Way to Work President of Longshore- men and Shipping Offi- cials Say Situation Is Better Despite Fighting The striking longshoremen who have tied up the business of the port for the last three weeks in defiance of the orders of union officials began their threatened "war to a finish" yesterday with a riot in South Brooklyn, in which it is estimated more than 2,000 pier workers participated. Revolvers, bricks, clubs and fists figured in the combat. Two strikers were shot, and scores of others injured by missiles.. Fourteen arrests Were made. The fighting was finally quelled by more than 100 policemen. In the face of these disturbances, T. V. O'Conner, president of the Inter¬ national Longshoremen's Association, and heads of the United States Ship¬ ping Hoard assert that the situation in the harbor ñr"improving, that more men are returning to work daily, and that no new steps will be necessary to get vessels moving if the present rate of progress continues. The strikers, on the other hand, ir, in effort to forestall any move on the part of the shipping interests to get men to piersi on tugs, announced yes- terday at a meeting at their headquar¬ ters. Twenty-fourth Street and Thir- teenth Avenue, Brooklyn, that they had enlist d the sympathy of the Marine Workers' Affiliation, and that Thomas L. Dclahunty, head of that organiza- tion, would order a walk-out on the togs carrying strike breakers. Strike Formally Ordered Circu'ars also were distributed by the Btrikers formally ordering the' *alk-ou\ and announcing that the twenty-four insurgent locals had formed an independent body of the 1. L. A., with new leaders. The clash in Brooklyn started at * a. m., when about 1,500 of the in- ¦argenta tried to keep 500 longshore¬ men from, going to work on the Bush terminal piers at the foot of Forty- lecor.d Street. As the conservacivc piemen approached the waterfront at Second Avenue they were« attacked by the insurgents, who were composed in the main of Italians. More than 100 revolver shots were tired, bricks flew iast and clubs, knives and lists were used freely. A dozen policemen at the point were .mothered in the struggle. A riot call wrought 100 reserves. They charged the fighting mob, and wielding their nifh*. st r. right and left managed to »catter the disturbers. The streets »ere lefl strewn with wounded long¬ shoremen, many revolvers and heaps *f brick and other missiles. Only When Unconscious Those arrested were taken into cus¬ tody only after they had been beaten into uncoi cious le .-. Policeman Mc¬ Carthy, of the Bergen Street station, .a» struck on the head by a brick buried from ¡\ roof, while a bullet pene¬ trated the sleeve of Policeman Terry after fr,!¡r shpiá had been, fired at him. The two men shot, but not fatally, »'re SaHator Spicalli, of 678 Clinton street :\u<¡ received a bullet wound in we h g and Andrew Follocio, of 477 Hiekj ...¦., wf,<, was wounded in the *:<le. The injured were treated in the; Ung : land » ollege, Holy Family ami >or.v< g B, .,., pitáis. H .'.''¦ were found on many of .Bese arreste^}, and Beveral carried; I W, \v. membership cards. Those ¦eld for carrying concealed weapons **rp Frank Pctrizzi, L03 Harrison Mrc"'; Antonio Castono, 10 Union street; Demetro Falcone, 48 Union otr»er, and Giacomo Manerapano, 80 rj"0n Street. For rioting the follow- jgfwere held: .John Muro, 17 Union ..tree*, Peter Visconte, u\ Congress »treet; Genero Garguilo, 120 Mulberry) g****! Carlo Angelo, 2*;h Forty-second i'T,J Paul Piorcnzo, L330 Fortieth I?-"'"; Matto Blanco, 130 Columbia ?»*.«*; Micha«! Lagorcia, i^»; Hamil- n street, .,, ,j Francesco Gianitti. 135 Uluo.h , .,,.,. , *' " ."¦ - held without bail for a1 ""her hearing on Thursday^ Vaccarelll With insurgents tirif"" ''''' meeting of the Insurgent *"*«; committee yesterday afternoon1 Brt','"'1 ."'" " u> f«P°rters, Richard .J n.ii'Lr' '¦'¦" '''airman, announced that 2»«onty and F. Paul A. Vaccarelli, * ''¦ the conciliators appointed by T^^ry of Labor Wilson, hud ad-, i,,,?'' '¦."". Butler asserted Dela- ^ / had promised that if any tugs ,. "**> »trike-breakers to the piers of j, »nipowners he would call out the ''.:". of the« boat,-.. '.<¦ «(fort« of the insurgent«, how * »¦ hn ., viewed v/ith alarm either «fo l'rr'1''* shipowners or official« On» t ,'.-"' l;i,,; Shipping Board, that * otuá» of the board declared mm .rom the i i point of view the con- Coruinued on page three Ilylan Appoints Woman To Magistrates' Bench Mrs. Jean ¡I. N'orris, assistant secre-] tary of Tammany Hal! and co-leader with George \V. Olvaney, of the 10th Assembly District, was yesterday ap¬ pointed to the magistrate's bench by Mayor Hylan. Mrs. Norris is the first woman ap¬ pointed to a court in this state. Tam¬ many leaders yesterday declared that the Mayor was forced to choose be¬ tween her and a candidate backed by the Hearst crowd. "The Mayor," said a Tammany man, "elected to take sides with Tammany, which is backing Governor Smith in his light on Hearst. It was a little step and whether he will go further the future alone will tell." Another Democrat said the Mayor was attempting to play the rôle of peacemaker in the Smith-Hearst fight. "The Mayor believes he can smooth things out for Hearst," he said. Mrs. Norris has been identified with Tammany Hall ever since women were enfranchised. She is vice-chairman of the campaign committees of Supreme Court Justice Robert L. Luce- whose appointment by Governor Smith re¬ sulted in the break between Mr. Hearst and the Governor.and Senator James A. Foley, Tammany candidate for Sur¬ rogate. Attended Fordham University She was a prominent worker in the suffrage movement. She is also presi¬ dent of the National Women Lawyers Association and a member of the New York County Lawyers Association and the committee on Surrogate's Prac¬ tice. Mrs. Norris attended the Girls' High School in Brooklyn and later went to Fordham University and the New York Law School. She is a widow and lives at the Martha Wash¬ ington Hotel. "I am very proud of my appointment and grateful to Mayor Hylan," she said yesterday in her office at 1G5 Broad¬ way. "I hope it is the entering wedge and that the time will come when therej will be women sitting on every bench in the country. The courts need the benefit of the woman's point "f view. "Women jurors? Yes, in theory 1 believo that women should sit on juries. In practice, however, Í believe it has not been quite successful, and until it has been tried out more thoroughly I prefer to reserve de¬ cision." Mrs. Norris was notified of her ap¬ pointment by mail yesterday morning and immediately went to City Hall, where she was sworn in. Assigned to Women's Court Mayor Hylan wrote the following note to Chief Magistrate McAdoo prais¬ ing Mrs. Norris and asking that she be assigned to the Women's Court: "My Dear Judge McAdoo: 1 have this day appointed Mrs. Jean U. Norris a city magistrate of the City of New York, and I hope you will as¬ sign her to the Women's Court." The appointment of a woman judge is the second change in the procedure of the Women's Court which has been made within the last six months. Miss Kose Kothenberg was assigned as prosecutor in that court at the time when public indignation was roused over the conviction of several young women who were afterward found in¬ nocent by the Court, of Appeals. Mrs. Norris was appointed for a thirty-day period in the place of Magis¬ trate Breen, who is ill. This appoint¬ ment, however, can be extended from time to time. Chief Magistrate McAdoo assigned her to sit with Magistrate Marsh m the Women's Court for a week, to familiarize herself with the routine. She will assume her duties regularly next week, and her work will probably be confined to the Women's Court and to the Court of Domestic Relations, the Chief Magistrate said. Hearst Refuses To Debate, but Attacks Smith _ Charles F. Murphy Prepares Libel Suit Against "Jour¬ nal" and Its Owner for Questioning HisPatriotism William Randolph Hearst declined last night to accent Governor Smith's challenge to meet him in a debate in which both men would be bound to answer all questions concerning their public and private lives. The Governor came here last night to debate with the editor-politician at Carnegie Hall to-morrow night. On Sunday night Colonel Jefferson Do Mont Thompson, as chaif^wn of a specialy formed Committee pjf One Hundred, informed the Governor and .Air. Hearst that the committee had en¬ gaged Carnegie Hall for the debate and urged both to accept. Governor Smith answered at once that he would meet Mr. Hearst, Mr. Hearst's reply to Colonel Thompson, who is a special deputy police commissioner in the Hylan administration, follows: "I am surprised that Boss Murphy did not send me the invitation you have obligingly forwarded, since it was Tammany that hired Carnegie Hall for Wednesday night before the hall was tinned over to you. "t have no intention of meeting Governor Smith, publicly or pri¬ vately, politically or socially. Hearst's Innuendo "I do not have to meet him, as I am not running for office; and I cer¬ tainly do not want to meet him for the pleasure of the association, as I find no satisfaction in the com¬ pany of crooked politicians. "Neither have 1 time nor inclina¬ tion to debate with every public plunderer or faithless public servant whom my papers have exposed, for the reason that every pilloried rascal in every city where my papers tire published always tries to divert at¬ tention from the real issue of his political crookedness by making some sort of a blatherskite on¬ slaught upon me. "I have no explanations to niako for attacking the milk trust and the traction trust and the politicians who have surrendered to these rich and powerful plundering corpora¬ tions and are committed to 20-cent rniik and 10-CCnt street car fares. "1 have no apologies to make for ::ot supporting the judicial section hands of the New York Central Railroad or any of Mr. Murphy's hand-picked appointments to the bench. "The only apology 1 would have to make would be for having sup¬ ported Governor Smith, and that I did because of the perjured pledge of that individual, made publicly in my papers on August '¿, 1918, "I had no confidence in the pro¬ gressive sentiments of Candidate Smith, and in reply to his request for support I asked for a public pledge, as the private assurances of men of his type have no weight with ¡ne whatever. Cite« Smith's Words "On August, ~, 1 ;* 1K, Candidate Smith made the following forma! Ktatemont, which wus printed in niy newspapers for several days, and upon which the editorials were built which advocated the election of Mr, Continued on /><jj/<t six German Opera To Be Sung in English Here! Justice Giegerich Vacates Re- straining Order and Pro- gram Is Hastily Changed for Performance To-night Justice Giegerich refused yesterday to grant the permanent injunction sought by the Star Opera Company to restrain the police from interfering with its production of German opera at the Lexington Theatre. The news did not startle the man in the box office at the Lexington Theatre last night. He was selling tickets for to-j night's performance. "We're going to put on the opera in English," he said, serenely. "The only objection 1 can see that people have for it is because it is in Cernían. We'll give it to them in English." So the audience at the theatre to¬ night will hear Cernían opera sung in English on twenty-four hours' notice, and some of those who have learned lip-reading at the movies may be able to satisfy themselves of the law-abid¬ ing intent of the opera company. Opera Company Explains. The following statement was issued at the theatre "The management of the Star Opera Company, which was inhihted in the production of opera in the German language by the city authorities, an¬ nounce that it will continue with the production of its operatic program ill the English language until it can be given in German. "The first opera to be produced will bo Carl Marie Von Weber's 'The F'rce Shooter.' That will be given to-mor¬ row night. "As most of the players of the Star Opera Company are natives of this country, the management decided to go right ahead with its program. The management as well as the artists en¬ gaged are resolved not to be deprived of their right to earn their living by the exercise of their profesión, and they appeal to the fair thinking, music loving public for support. "The first rehearsal of 'The Free Shooter' was held to-day. Theodore Spiering will conduct the perform¬ ances." Vacates Temporary Order Justice Giegerich vacated the tem¬ porary restraining order that pre¬ vented the police from carrying out the order of Mayor Hylan that there shall be no performance of German opera until after the treaty of peace is ratified. The opera company had advertised performances for this week, beginning to-night. The decision of ¡Justice Giegerich, based on both law and public policy, will he effective until the case can be heard by a jury, if it is ever carried that far, or at least until the Appellate Division has passed on the matter, if the Star Opera Company decides to press the case any further. It was the American Legion which out. of patriotic motives induced Mayor Hylan to issue his order halting the presentation of German opera, and it was the same body that fought the Ger man opera company in its efforts to force its presence on the community by operating under an injunction. In this the American Legion had the support of the Corporation Counsel. Justice Oie gorich took cognizance of the patriotic feeling aroused by the présentation of Gorman music in defiance of the wishes of men Just returned from war and suf¬ fering its effects, and mothers and other Continued on page nix Johnson's Amendment Lost, 40.38 Proposed Treaty Change Giving U. S. Equal Vote With Britain Defeated With 6 "Antis" Absent Phelan, Democrat, For Reservations Nine Republicans Oppose Measure; Senate Now to Consider Substitutes New York Tribune Washington Burean WASHINGTON, Oct. 27..The Senate to-day rejected the Johnson amendment to the peace treaty, which would hav< given the United States an equal voti with the British Empire in the league assembly, by a vote of '10 to 38. Whilt apparently a change of one vote woul< have brought a tie, actually the Ad ministration side could have increase» the majority to 8, as six anti-amend ment Senators we're absent withou pairs. The actual strength of the Senate oi the amendment, had every Senate been present and voted, would has- been 52 to 44 against the amendment. The vote came as .a complete sur prise, unanimous consent for a vot on Wednesday having been refused las week. It came when Administrate' Leader Hitchcock, attempting to pu the Republicans in the position of do laying the treaty, asked unanimou consent at 1 o'clock for a vote at 1:3( "A'hy not vote right now?" inquire Republican Leader Lodge. Unwilling to be put in the position c himself delaying action, Mr. Hitchcoc consented to the annoyance of som Senators on his own side, who wer caught downtown. Democratic Ser atora who were out of the Senate wit! out pairs when the vote was complete were Ashurst, Kendrick, Phelan, Smitl of South Carolina; Smith, of Georgn and Owen. Mr. Ashurst asked unan mous consent a little later to have h name recorded as voting against tr amendment, though this was denied. Nine Republicans Against It Nine Republican Senators vote against, the amendment. The rollcall follows: For Adoption Republicans Hall. Borah, Brandegcc, Ca per, Cummins, Curtis, Dillingham, l'a France, Frelinghuysen, Gronna, Hardie Johnson (California), Jones (Washington Kenyon, Knox, La Follette, 1.enroot, Lodg McCormick, McLean, Moses, New, Newberi Norn's, Page, Penrose, Phipps, Poindext< Sherman, Smoot, Spencer, Sutherlar Townsend, Wadsworth, Warren. Total, 3li Democrats Gore, Shields. Total, 2. Grand total . Against Adoption Republicans Colt. Edge. Hale, Ketlog Keyis, McCumber, McNary, Nelson, Storlii Total, 9. Democrats -Bankhead, Chamherlain. C berson. Dial, Fletcher, Gay, Gerry; Harr Harrison, Henderson, Hitchcock, .Jones (N< Mexico), King, Kirby, McKellar, Mye Nugent, Overman. E^omerene, Bansdell, H< inson, Sheppard, Simmons, Smith (Arizom .Smith (Maryland), Swanson, Thomas, Tra mell, Underwood, Walsh (Montana), W iiims. Total, 31. Grand total . Walsh Withdraws Vote Senator Walsh, Democrat, Massacll setts, voted for the amendment. 1 inter withdrew in the absence of 1 pair, Senator Stanley, Democrat, Kentucky, who opposed the amendmc others absent or paired and not V' ing were : For Adoption Calder, Republican, New York Rp Democrat, Missouri; Elkins, Republic West Virginia Femald. Republican, Mail Watson, Republican, Indiana. Against Ashurst, Democrat, Arizona BeckHl Democrat, Kentucky: Johnson, Democi South Dakota Kendrick, Democrat, W mink' Martin, Democrat. Virginia Ow Democrat, Oklahoma; Phelan, Democi California; Pittman, Democrat, Neva Smith, Democrat, Georgia; Smith, Democi South Carolina; Wolcott, Democrat, 1>. ware. Anotlier development of the day v the announcement by Senator James Phelan, of California, t*Mit he wo vote for a strong reservation embo ing the idea of the Johnson ame ment. This is not only the defect of a Democrat from the anti-reser tionist camp, but is a defection fr the forty Democrats on whom Sena Hitchcock has counted on beyond qu tion. All nine Republicans who vo against the amendment united aft ward i:i a statement that they wo vote for "effective reservations," a with a view to expediting the ratif tion of the treaty they would V against all textual amendments. John-ion Files Substitute As soon as the vote had been ta Senator Johnson introduced a sub tute amendment giving the Uni States equal voice m the league V "any member of the league." ^vm Shields has also pending a substit amendment for the Johnson am« ¡nent, while the Moses amendm pertaining to the same idea, save t it seeks to protect every nation nga the six votes of the British Emj instead of only the United States, mains to be voted on. At. the conclusion of seven hours' hate to-night Senator Hitchcock tempted to have another vote, Senator Lodge moved a recess until morrow. Mr. Hitchcock demande roll coll on whether the Senate wi remain in session |o-night, but beaten. 48 to :',i",. j Coal Strike Certain Nov. 1 He Declares Refusal of Operators to Negotiate a New Wage Agreement Is Hehl Re¬ sponsible for Walkout 25 District Chiefs To Meet To-morrow Government Blamed for Not Forcing Owners to Discuss New Contract SPRINGFIELD, 111., Oct. 27..Con¬ fronted by the demand of President Wilson that the strike call, which would stop production of soft coal in the United States, be rescinded, John L. Lewis, acting president of the United Mine Workers of America, to-night by telegraph invited twenty-five district presidents of coal producing" states and members of the miners' scale commit¬ tee to meet with the international ex¬ ecutive board at H) A. M. Wednesday to consider the strike issue. Tlie action of Mr. Lewis, he stated, was prompted by a desire to move with full deliberation in a situatijrti, the seriousness of which cannot be gain¬ said. Thirty-two members' constitute the full scale committee of the central com¬ petitive field, which comprises the states of Indiana, Ohio, Illinois and westei-'.i Pennsylvania. Declines to Forecast Action "District presidents and members of file scale committee are being called in," President Lewis said, ''to counsel with the executive board by reason of the President's statement. What final action will be taken I cannât pre¬ sume to forecast." The exectlive board would have au¬ thority, lie stated, to postpone or sus¬ pend the strike order, subject to the will of the membership of the union. lieiore sending the telegram to the (list riet presidents Mr. Lewis, who was then preparing to go to Indian¬ apolis to take charge of the strike sit¬ uation, declared the strike order was still in effect, and the 000,000 miners in the bituminous field would walk out to a man unless the operators made concessions. "The statement of President Wilson opposing the strike thus far has had no results, so far as we are concerned," he stated. Lewis said no word reached him from government sources during the day. Lewis expectes to reach Indianapolis at 2:40 p. in. to-morrow, where he will make preparations for the meeting Wednesday of the international execu¬ tive hoard. He said to-night he ex¬ pected no developments prior to this conference. Average Pay Declared $1,228 Branding statements that coal miners were earning $10 or $15 a day as "absurd." Mr. Lewis said the average pay of miners in the bituminous field lor 1918, which he declared was the best twelve months in mine workers annals, was $1,228. lie refused to say what the maximum earnings of ;>. miner under favorable circumstances might be, hut said the earnings of "day men" amounted to between $4.25 and $."> a day. These include track layers, drivers, mechanics and laborers. Coal diggers, he stated, can make more money than that. He explained that wages of miners were curtailed by the fact that mines operate on the average only three or four days a week. This condition, he said, made necessary a shorter day and week in order to furnish continuous employment, as embraced in wage de¬ mands suggested by miners early in the conferences. Other demands in¬ clude 00 per cent increase in wages, time and a half tor overtime, elimina¬ tion of the strike penalty clause, etc. Holds Operators Responsible In a statement issued to-niirht he said, to clear up popular misapprehen¬ sions about exactly what took place in the joint conferences, Mr. Lewis again placed responsibility for the strike on the operators. The state¬ ment follows: "At the .biennial convention of the United Mine Workers at Cleveland, .September 0 to 2.'!, attended by 2,04iJ delegates, a wage program and policy were outlined ami scale committees were selected who were instructed to present demands to the operators. "On September 2."), at Buffalo, the miner; and operators met. in joint committee. The miners presented their demands and were met by a blunt statement that the Washington agree¬ ment had not expired because the war was not ended and peace had not been promulgated by the President. No Counter Proposals "No counter proposals were submit¬ ted by the operators, who seemingly wore determined to avoid making a new agreement. This committee ad¬ journed for a week and reconvened in Philadelphia on October il, where the same circumstances obtained and sine die adjournment took place on Octo¬ ber 11.' ".The miners insisted at all times that they were ready to consider demands from the standpoint of merit alone, but consideration on this basis was denied by the opernti rs. "The government, m conference? with operators and miners last week at Washington, endeavored to secure a re- Conthiuod on page jive Text of Message Vetoing Prohibition Enforcement WASHINGTON, Oct. 27..Following in the text of President Wilsons message vetoing tlic Volstead war-time prohibition enforcement measure: "To the House of Representatives: j "I am returning without my signa¬ ture IL R. 6810, 'an Act to prohibit intoxicating beverages, and to regu- late tho manufacture, production, use and sale of high-proof spirits for other than beverage purposes, and to insure an ample supply of alcohol and promote its use in scientific re¬ search and in the development of fuel, dye and other lawful industries.' "The subject-matter treated in this measure deals with two distinct phases of the prohibition legislation. One part of the act under considera¬ tion seeks to enforce war-time pro¬ hibition. The other provides for the enforcement which -vas made necessary by the adoption of the con¬ stitutional amendment. I object to and cannot approve that part of this legislation with reference to war- time prohibition. Objects Satisfied by Demobilization "It has to do with the enforcement of an act which was passed by rea¬ son of the emergencies of the war and whose objects have been satis¬ fied in* the demobilization of the army and navy, and whose repeal I have already sought at the hands of Congress. Where the purposes of particular legislation arising out of war emergency have been satisfied sound public policy makes clear the reason and necessity for repeal. "It will not be difficult for Con-* gres3 in considering this important matter to separate these two ques¬ tions and effectively to legislate re¬ garding them, making the proper distinction between temporary causes which arose out of war-time emergencies and those like the con¬ stitutional amendment of prohibition which is now part of the fundamen¬ tal law of the country. "In all matters having to do with the personal habits and customs of large numbers of our people we must, be certain that the. established proc¬ esses of legal change are followed. In no other way can the salutary obJ2Ct sought to be accomplished by great reforms of this character be made satisfactory and permanent. "WOODROW WILSON. "The White House, 27 October, 1919." Carranzistas Implicated in Jenkins Case State Department Kxpects Mexican Government to Return Fund Paid Captors of U. S. Consular Aiicnt WASHINGTON', Oct. 27. .Official information from .Mexico City indi¬ cates that Carranza soldiers unques- tionably were implicated in the kid- naping of William 0. Jenkins, the American consular agent, at Puebla, who was abducted October 19 and re¬ leased only after his friends in Puebla had paid to the kidnapers $150,000 in gold.' State Department officials have not been officially notified of the implica¬ tion of the Carranza military, but it is known they look to the Mexican government to reimburse promptly the friends of Jenkins. The American government, it was said to-day at the State Department, does not intend to pay any of the ran- som money either directly or indi¬ rectly. Officials expressed belief that President Carranza would be glad to repay the friends of the consular agent. The Department had no news regard¬ ing the release of Jenkins during the day except a message form the Ameri¬ can Embassy in Mexico City saying that Third Secretary of Embassy Manila reported from Puebla ttvit Jenkins liad sent word from within the Federal lines that he was free and was returning to Puebla. Reports regarding Jenkins's physical condition and details of his kidnapping have been asked of the American Em-] bassy by the Department, and it was announced that information regarding the case would be made public as soon as received, It is feared that Jenkins was mistreated by his captors, as it was reported unofficially that he was going to an American hospital for treatment. The Department, however, had no information confirming the re¬ ports. Both the State Department and the War Department are cooperating with Mexican authorities in an investiga¬ tion of the deaths of Lieutenant Cecil II. Connelly and Lieutenant Frederick B. Waterhouse, army aviators, whoso bodies were found in Lower CaifTor- n i a. The information at the disposition of the State Department, it was said to-day, is not sufficient to warrant the official charge that the two men were murdered, although that has been fe- ported to the department. Senator Myers, Democrat, Montana, to-day had the Senate defer action of his resolution calling on the President 'to use the armed forces of the United States to rescue Jenkins and punish! his captors. Mr. Myers said he (le-; sired to await confirmation of the re- lease of Jenkins before pressing for' action. Army Air Service Loses $15,000,000 WASHINGTON, Oct. 27. -After elim- inating the Senate provision of $15,000- 000 for the army air service and reduc- ing the appropriation for the Alaskan railroad from $17,000,000 to $6,000,000, House and Senate conferees reached an agreement to-day on the fir t general 'deficiency bill of this session. The conferees also reduced from $73,312 to $64,000 the appropriation oi the expenses of the interi.atior.nl labi r conference to bo held here, and elimi¬ nated the appropriation or' $35,000 for the national industrial conference, ex¬ pense of that meeting having been paid out of the contingent fund. The Sen- ate appropriation of $5,000,000 for the vocational education board was re- ' tainedt^ ! Mr. Wilson 9s Gain Is Satisfactory ¡Physicians State He Will Be Able to Consider Labor Problems To-day New York ï'nbune Waahinoton Bureau WASHINGTON, Oct. 27..President Wilson again to-day transacted some officia! business from his sick bed | when he vetoed the prohibition en- ¡ forcement bill and returned it to the | Senate unsigned, lit; also signed par- I dons in several cases, which he re¬ quested the Department of Justice to place before him. Dr. Cary T. Grayson, Mr. Wilson's personal.physician, said to-night the President had had "a good day,"' though he issued no official announcement. The only bulletin from the White House was issued at noon, following the morning consultation, in which Drs. Grayson, Ruffin, and Stitt par¬ ticipated. The three physicians signed the announcement, which said: "The President's progress contin¬ ues, as during the last few days, satisfactorily." The prohibition enforcement bill was sent to the sick room at 12:30 o'clock. With the bill was a state¬ ment, from Attorney General Palmer, which said the biii, as enacted, was not contrary to the Constitution. No recommendation seeking the veto of the act was addressed to the President by the Attorney General, it was said officially at tin- White House. The President dictated the 350-word letter addressed to the House of Rep¬ resentatives returning the bill un¬ signed. After the letter had been typed it was brought to the sick room by Secretary Tumulty and signed by the President with lead pencil. The signatures on the pardons also were applied with lead pencil. The President was said by Dr. Gray¬ son to be more anxious to-day to re¬ sume his official duties than at any time since his illness. He inquired about the coal strike situation and the industrial conference. Dr. Grayson intimated the President would be able to-morrow to consider any plan that might be presented by the Cabinet on reconvening the indus¬ trial conference. The Cabinet will meet to-morrow as usual, and decide on the list of delegates to make up the conference for reference to the President. Diamond Anklet at Pier Canses Much Neckstrain 80-SoIitaire Ornament Adorns Chanipagne-Hued Hose of Mrs. Peter Cooper-Hewitt "The lady with the glittering ankle" attracted unusual attention on the Cu- nard pier yesterday after the Mauro- tania had landed its passengers, and customs officials were frequently in¬ formed by curious travelers that there was a misplaced diamond bracelet on view within a few, yards of the assign ment desk. "I must look into this," said an in¬ spector on the staff of Deputy Sur¬ veyor Alexander McKeon. and forth¬ with he approached the woman trav¬ eler and asked her name. She said she was Mrs. Peter Cooper Hewitt, and presently he had a look at her declaration. Everything was regu¬ lar, he said, and added that folks who put diamonds in a conspicuous place like that had nothing to conceal from customs officials. The glittering band wag clasped around Mrs. Hewitt's left nr.k'e. which «as encased in champagne-colored hose. The anklet is said to contain eighty solitaire diamonds. Bank Robbed ni $ 10,000 CINCINNATI, Oct. 27. The safety deposit vault in the Hank of Alex¬ andria, at Alexandria, Ky., a few miles ¡south of Cincinnati, 'as blown open by cracksmen early to- ¿, and $40,000 in liberty bonds taken. »^.. Prohibition Enforcement Wins hv Yole Of 176 to 55 If Senate Refuses to Take Up Measure To¬ day Drys Plan to Force It Through To-morrow Army Demobilized, Veto Message Says _ r "'War Emergency Satis¬ fied, Policy Makes Clear Reason for Re¬ peal," President Asserts By Carter Field New York Tribun» Washington Hun au WASHINGTON. Oct. 27. The prohi¬ bition enforcement bill, although ve¬ toed by President Wilson late to-day, will probably become law through being passed over his veto within forty-eight hours. Within three hours of the veto mes¬ sage reaching the House of Represen¬ tatives that body had repassed the bill by a vote of iTfl to 50, or more than three to one, instead of the two-to-oue required by the Constitution to pass a measure over an executive veto. Efforts to bring up the bill immedi¬ ately will be made in the Senate to¬ morrow by Senator Sterling, who rep resented the Judiciary Committee and had charge of the bill when it origin¬ ally passed. £f unanimous consent ;- refused, it will be necessary for the "drys" to break ttn the executive sea sion which is considering the peace treaty by forcing an adjournment. Then on the following day the prohibi tion enforcement bill can be taken up and passed, if there is no oratory to delay matters. Little Discussion Is Expected Prospects are there will be little dis¬ cussion. Senator Hitchcock, while he seemed to believe there would be con¬ siderable opposition to passing a bill over the President's veto, said there would be little time for its considers tion. This represents how one grout» of "wets" feel about it. On the other land. Senator Underwood, who has been one of the "wet" leaders evei since prohibition has been an issue, took the view there was no point in holding up a law providing for the enforcement of an act already on the books. "If the law is^on the books it should be enforced," he said. The only effect of the veto, so far can be discovered to-nijht, is that in New York and some other places where the selling of 2% per cent beer was to have been suspended at midnight to¬ night, selling may continue at the same risk as previously until the Senate bw passed the bill over the veto. So that forty-eight more hours of sellinz is the prospect. Veto Surprises Congress This is bared on the comment of Attorney General Palmer sent out to newspaper men who wanted to know the effect of the veto. He sent out word that the situation would not be changed by the veto, except that 2.75 beer could be sold in places where the courts had held it to be legal. The President's veto was one of the greatest surprises he has given Con¬ gress for a long time. The reasons for his veto caused even more surprise than the act of rejecting the bill when members had a chance to read the message. The President virtually took the po¬ sition that in combining war-time- en¬ forcement with enforcement of the constitutional amendment Congress was attempting to enforce an act.war- time prohibition.of which he did not approve and which ho had recom¬ mended should be repealed. He ig¬ nored the fact that Congress had re jected his recommendation for the re¬ peal of war-time prohibition by an overwhelming vote In the House and bf a vote 55 to 11 (five to one) in the Senate. Prospects for a "wet Christmas" art as much up in the air as ever. No or.« ¡s sure whether the ratification of the peace treaty will be immediately fol¬ lowed by a peace proclamation by the President, which would be followed by a lifting of war-time prohibition, or whether it must wait until the tust with Austria is ratified. The iCf-si dent's comments indicated to most peo

Transcript of ADVERTISED. IN THE TRIBUNE IS GUARANTEED ... › history › pdf › house-override101919...ALL...

Page 1: ADVERTISED. IN THE TRIBUNE IS GUARANTEED ... › history › pdf › house-override101919...ALL MERCHANDISE ADVERTISED.IN THE TRIBUNEIS GUARANTEED Vol. LXXIX No. 26,644 First toJLast.the

ALL MERCHANDISEADVERTISED. IN THE

TRIBUNE IS GUARANTEED

Vol. LXXIX No. 26,644First toJLast.the Truth: News . Editorials Advertisements

ffirthtnu WEATHERShowers to-day; to-morrow, fair ami

cooler: fresh westerly windsFull Kfport on Vage 20

(Copyright, 1913,New York Tribu ne Inc.l TUESDAY, OCTOBER 28, 1919 * * *

*"" vr';> 1? ( within commuting distance .THREE CENTS

Elsewhere

House Repasses Dry Bill 3 Hours After It Is Vetoed;Senate Expected to Override President in 48 Hours;Lewis DefiesWhite House,Then Calls Miners' Parley

Harbor MenBegin 4War'By Big RiotIn Brooklyn

Two Strikers Shot andScores Injured by Mis¬sies ; Police ReservesMake Fourteen Arrests

500 Are AttackedOn Way to Work

President of Longshore-men and Shipping Offi-cials Say Situation IsBetter Despite FightingThe striking longshoremen who have

tied up the business of the port forthe last three weeks in defiance of theorders of union officials began theirthreatened "war to a finish" yesterdaywith a riot in South Brooklyn, in whichit is estimated more than 2,000 pierworkers participated.Revolvers, bricks, clubs and fists

figured in the combat. Two strikerswere shot, and scores of othersinjured by missiles.. Fourteen arrestsWere made. The fighting was finallyquelled by more than 100 policemen.

In the face of these disturbances,T. V. O'Conner, president of the Inter¬national Longshoremen's Association,and heads of the United States Ship¬ping Hoard assert that the situationin the harbor ñr"improving, that moremen are returning to work daily, andthat no new steps will be necessaryto get vessels moving if the presentrate of progress continues.The strikers, on the other hand, ir,

in effort to forestall any move on thepart of the shipping interests to getmen to piersi on tugs, announced yes-terday at a meeting at their headquar¬ters. Twenty-fourth Street and Thir-teenth Avenue, Brooklyn, that they hadenlist d the sympathy of the MarineWorkers' Affiliation, and that ThomasL. Dclahunty, head of that organiza-tion, would order a walk-out on thetogs carrying strike breakers.

Strike Formally OrderedCircu'ars also were distributed by

the Btrikers formally ordering the'*alk-ou\ and announcing that thetwenty-four insurgent locals hadformed an independent body of the1. L. A., with new leaders.The clash in Brooklyn started at

*a. m., when about 1,500 of the in-

¦argenta tried to keep 500 longshore¬men from, going to work on the Bushterminal piers at the foot of Forty-lecor.d Street. As the conservacivcpiemen approached the waterfront atSecond Avenue they were« attacked bythe insurgents, who were composedin the main of Italians. More than 100revolver shots were tired, bricks flewiast and clubs, knives and lists wereused freely.A dozen policemen at the point were

.mothered in the struggle. A riot callwrought 100 reserves. They chargedthe fighting mob, and wielding theirnifh*. st r. right and left managedto »catter the disturbers. The streets»ere lefl strewn with wounded long¬shoremen, many revolvers and heaps*f brick and other missiles.

Only When UnconsciousThose arrested were taken into cus¬

tody only after they had been beateninto uncoi cious le .-. Policeman Mc¬Carthy, of the Bergen Street station,.a» struck on the head by a brickburied from ¡\ roof, while a bullet pene¬trated the sleeve of Policeman Terryafter fr,!¡r shpiá had been, fired at him.The two men shot, but not fatally,

»'re SaHator Spicalli, of 678 Clintonstreet :\u<¡ received a bullet wound inwe h g and Andrew Follocio, of 477Hiekj ...¦., wf,<, was wounded in the*:<le. The injured were treated in the;Ung : land » ollege, Holy Family ami>or.v< g B, .,., pitáis.H

.'.''¦ were found on many of.Bese arreste^}, and Beveral carried;I W, \v. membership cards. Those¦eld for carrying concealed weapons**rp Frank Pctrizzi, L03 HarrisonMrc"'; Antonio Castono, 10 Unionstreet; Demetro Falcone, 48 Unionotr»er, and Giacomo Manerapano, 80rj"0n Street. For rioting the follow-jgfwere held: .John Muro, 17 Union..tree*, Peter Visconte, u\ Congress»treet; Genero Garguilo, 120 Mulberry)g****! Carlo Angelo, 2*;h Forty-secondi'T,J Paul Piorcnzo, L330 FortiethI?-"'"; Matto Blanco, 130 Columbia?»*.«*; Micha«! Lagorcia, i^»; Hamil-n street, .,, ,j Francesco Gianitti. 135Uluo.h , .,,.,.

,*' " ."¦ - held without bail for a1

""her hearing on Thursday^Vaccarelll With insurgentstirif"" ''''' meeting of the Insurgent*"*«; committee yesterday afternoon1Brt','"'1 ."'" " u> f«P°rters, Richard .Jn.ii'Lr' '¦'¦" '''airman, announced that2»«onty and F. Paul A. Vaccarelli,* ''¦ the conciliators appointed byT^^ry of Labor Wilson, hud ad-,i,,,?'' '¦."". Butler asserted Dela-^ / had promised that if any tugs

,. "**> »trike-breakers to the piers ofj, »nipowners he would call out the''.:". of the« boat,-..

'.<¦ «(fort« of the insurgent«, how* »¦ hn ., viewed v/ith alarm either«fo l'rr'1''* shipowners or official«On» t ,'.-"' l;i,,; Shipping Board,that * otuá» of the board declaredmm .rom the i i point of view the con-

Coruinued on page three

Ilylan Appoints WomanTo Magistrates' Bench

Mrs. Jean ¡I. N'orris, assistant secre-]tary of Tammany Hal! and co-leaderwith George \V. Olvaney, of the 10thAssembly District, was yesterday ap¬pointed to the magistrate's bench byMayor Hylan.

Mrs. Norris is the first woman ap¬pointed to a court in this state. Tam¬many leaders yesterday declared thatthe Mayor was forced to choose be¬tween her and a candidate backed bythe Hearst crowd."The Mayor," said a Tammany man,

"elected to take sides with Tammany,which is backing Governor Smith in hislight on Hearst. It was a little stepand whether he will go further thefuture alone will tell."Another Democrat said the Mayor

was attempting to play the rôle ofpeacemaker in the Smith-Hearst fight."The Mayor believes he can smooth

things out for Hearst," he said.Mrs. Norris has been identified with

Tammany Hall ever since women wereenfranchised. She is vice-chairman ofthe campaign committees of SupremeCourt Justice Robert L. Luce- whoseappointment by Governor Smith re¬sulted in the break between Mr. Hearstand the Governor.and Senator JamesA. Foley, Tammany candidate for Sur¬rogate.

Attended Fordham UniversityShe was a prominent worker in the

suffrage movement. She is also presi¬dent of the National Women LawyersAssociation and a member of the NewYork County Lawyers Association andthe committee on Surrogate's Prac¬tice. Mrs. Norris attended the Girls'High School in Brooklyn and laterwent to Fordham University and theNew York Law School. She is awidow and lives at the Martha Wash¬ington Hotel.

"I am very proud of my appointmentand grateful to Mayor Hylan," she saidyesterday in her office at 1G5 Broad¬way. "I hope it is the entering wedge

and that the time will come when therejwill be women sitting on every bench inthe country. The courts need thebenefit of the woman's point "f view."Women jurors? Yes, in theory 1

believo that women should sit onjuries. In practice, however, Í believeit has not been quite successful, anduntil it has been tried out morethoroughly I prefer to reserve de¬cision."

Mrs. Norris was notified of her ap¬pointment by mail yesterday morningand immediately went to City Hall,where she was sworn in.

Assigned to Women's CourtMayor Hylan wrote the following

note to Chief Magistrate McAdoo prais¬ing Mrs. Norris and asking that shebe assigned to the Women's Court:

"My Dear Judge McAdoo: 1 havethis day appointed Mrs. Jean U.Norris a city magistrate of the Cityof New York, and I hope you will as¬sign her to the Women's Court."The appointment of a woman judgeis the second change in the procedureof the Women's Court which has been

made within the last six months. MissKose Kothenberg was assigned asprosecutor in that court at the timewhen public indignation was rousedover the conviction of several youngwomen who were afterward found in¬nocent by the Court, of Appeals.Mrs. Norris was appointed for a

thirty-day period in the place of Magis¬trate Breen, who is ill. This appoint¬ment, however, can be extended fromtime to time.

Chief Magistrate McAdoo assignedher to sit with Magistrate Marsh mthe Women's Court for a week, tofamiliarize herself with the routine.She will assume her duties regularlynext week, and her work will probablybe confined to the Women's Court andto the Court of Domestic Relations, theChief Magistrate said.

Hearst RefusesTo Debate, butAttacks Smith_

Charles F. Murphy PreparesLibel Suit Against "Jour¬nal" and Its Owner forQuestioning HisPatriotismWilliam Randolph Hearst declined

last night to accent Governor Smith'schallenge to meet him in a debate inwhich both men would be bound toanswer all questions concerning theirpublic and private lives.The Governor came here last night to

debate with the editor-politician atCarnegie Hall to-morrow night.On Sunday night Colonel Jefferson

Do Mont Thompson, as chaif^wn of aspecialy formed Committee pjf OneHundred, informed the Governor and.Air. Hearst that the committee had en¬gaged Carnegie Hall for the debate andurged both to accept. Governor Smithanswered at once that he would meetMr. Hearst, Mr. Hearst's reply toColonel Thompson, who is a specialdeputy police commissioner in theHylan administration, follows:

"I am surprised that Boss Murphydid not send me the invitation youhave obligingly forwarded, since itwas Tammany that hired CarnegieHall for Wednesday night before thehall was tinned over to you.

"t have no intention of meetingGovernor Smith, publicly or pri¬vately, politically or socially.

Hearst's Innuendo"I do not have to meet him, as I

am not running for office; and I cer¬tainly do not want to meet him forthe pleasure of the association, asI find no satisfaction in the com¬

pany of crooked politicians."Neither have 1 time nor inclina¬

tion to debate with every publicplunderer or faithless public servantwhom my papers have exposed, forthe reason that every pilloried rascalin every city where my papers tire

published always tries to divert at¬tention from the real issue of hispolitical crookedness by makingsome sort of a blatherskite on¬

slaught upon me."I have no explanations to niako

for attacking the milk trust and thetraction trust and the politicianswho have surrendered to these richand powerful plundering corpora¬tions and are committed to 20-centrniik and 10-CCnt street car fares.

"1 have no apologies to make for::ot supporting the judicial sectionhands of the New York CentralRailroad or any of Mr. Murphy'shand-picked appointments to thebench."The only apology 1 would have

to make would be for having sup¬ported Governor Smith, and that Idid because of the perjured pledgeof that individual, made publicly inmy papers on August '¿, 1918,

"I had no confidence in the pro¬gressive sentiments of CandidateSmith, and in reply to his requestfor support I asked for a publicpledge, as the private assurances ofmen of his type have no weightwith ¡ne whatever.

Cite« Smith's Words"On August, ~, 1 ;* 1K, Candidate

Smith made the following forma!Ktatemont, which wus printed in niynewspapers for several days, andupon which the editorials were builtwhich advocated the election of Mr,

Continued on /><jj/<t six

German OperaTo Be Sung inEnglish Here!

Justice Giegerich Vacates Re-straining Order and Pro-gram Is Hastily Changedfor Performance To-night

Justice Giegerich refused yesterdayto grant the permanent injunctionsought by the Star Opera Company torestrain the police from interferingwith its production of German operaat the Lexington Theatre. The newsdid not startle the man in the boxoffice at the Lexington Theatre lastnight. He was selling tickets for to-jnight's performance."We're going to put on the operain English," he said, serenely. "The

only objection 1 can see that peoplehave for it is because it is in Cernían.We'll give it to them in English."So the audience at the theatre to¬

night will hear Cernían opera sung inEnglish on twenty-four hours' notice,and some of those who have learnedlip-reading at the movies may be ableto satisfy themselves of the law-abid¬ing intent of the opera company.

Opera Company Explains.The following statement was issued

at the theatre"The management of the Star OperaCompany, which was inhihted in the

production of opera in the Germanlanguage by the city authorities, an¬nounce that it will continue with theproduction of its operatic program illthe English language until it can begiven in German."The first opera to be produced will

bo Carl Marie Von Weber's 'The F'rceShooter.' That will be given to-mor¬row night."As most of the players of the Star

Opera Company are natives of thiscountry, the management decided togo right ahead with its program. Themanagement as well as the artists en¬

gaged are resolved not to be deprivedof their right to earn their living bythe exercise of their profesión, andthey appeal to the fair thinking, musicloving public for support."The first rehearsal of 'The Free

Shooter' was held to-day. TheodoreSpiering will conduct the perform¬ances."

Vacates Temporary OrderJustice Giegerich vacated the tem¬porary restraining order that pre¬

vented the police from carrying outthe order of Mayor Hylan that thereshall be no performance of Germanopera until after the treaty of peaceis ratified. The opera company hadadvertised performances for this week,beginning to-night. The decision of

¡Justice Giegerich, based on both lawand public policy, will he effectiveuntil the case can be heard by a jury,if it is ever carried that far, or atleast until the Appellate Division haspassed on the matter, if the StarOpera Company decides to press thecase any further.

It was the American Legion whichout. of patriotic motives induced MayorHylan to issue his order halting thepresentation of German opera, and itwas the same body that fought the German opera company in its efforts toforce its presence on the community byoperating under an injunction. In thisthe American Legion had the support ofthe Corporation Counsel. Justice Oiegorich took cognizance of the patrioticfeeling aroused by the présentation ofGorman music in defiance of the wishesof men Just returned from war and suf¬fering its effects, and mothers and other

Continued on page nix

Johnson'sAmendmentLost, 40.38

Proposed Treaty ChangeGiving U. S. Equal VoteWith Britain DefeatedWith 6 "Antis" Absent

Phelan, Democrat,For Reservations

Nine Republicans OpposeMeasure; Senate Nowto Consider Substitutes

New York TribuneWashington Burean

WASHINGTON, Oct. 27..The Senateto-day rejected the Johnson amendmentto the peace treaty, which would hav<given the United States an equal votiwith the British Empire in the leagueassembly, by a vote of '10 to 38. Whiltapparently a change of one vote woul<have brought a tie, actually the Administration side could have increase»the majority to 8, as six anti-amendment Senators we're absent withoupairs.The actual strength of the Senate oi

the amendment, had every Senatebeen present and voted, would has-been 52 to 44 against the amendment.The vote came as .a complete sur

prise, unanimous consent for a voton Wednesday having been refused lasweek. It came when Administrate'Leader Hitchcock, attempting to puthe Republicans in the position of dolaying the treaty, asked unanimouconsent at 1 o'clock for a vote at 1:3("A'hy not vote right now?" inquireRepublican Leader Lodge.Unwilling to be put in the position chimself delaying action, Mr. Hitchcoc

consented to the annoyance of somSenators on his own side, who wercaught downtown. Democratic Seratora who were out of the Senate wit!out pairs when the vote was completewere Ashurst, Kendrick, Phelan, Smitlof South Carolina; Smith, of Georgnand Owen. Mr. Ashurst asked unanmous consent a little later to have hname recorded as voting against tramendment, though this was denied.

Nine Republicans Against ItNine Republican Senators voteagainst, the amendment.The rollcall follows:

For AdoptionRepublicans Hall. Borah, Brandegcc, Ca

per, Cummins, Curtis, Dillingham, l'aFrance, Frelinghuysen, Gronna, HardieJohnson (California), Jones (WashingtonKenyon, Knox, La Follette, 1.enroot, LodgMcCormick, McLean, Moses, New, NewberiNorn's, Page, Penrose, Phipps, Poindext<Sherman, Smoot, Spencer, SutherlarTownsend, Wadsworth, Warren. Total, 3liDemocrats Gore, Shields. Total, 2.Grand total .

Against AdoptionRepublicans Colt. Edge. Hale, KetlogKeyis, McCumber, McNary, Nelson, StorliiTotal, 9.Democrats -Bankhead, Chamherlain. Cberson. Dial, Fletcher, Gay, Gerry; HarrHarrison, Henderson, Hitchcock, .Jones (N<Mexico), King, Kirby, McKellar, MyeNugent, Overman. E^omerene, Bansdell, H<inson, Sheppard, Simmons, Smith (Arizom.Smith (Maryland), Swanson, Thomas, Tramell, Underwood, Walsh (Montana), Wiiims. Total, 31.

Grand total .

Walsh Withdraws VoteSenator Walsh, Democrat, Massacll

setts, voted for the amendment. 1inter withdrew in the absence of 1pair, Senator Stanley, Democrat,Kentucky, who opposed the amendmcothers absent or paired and not V'

ing were :For Adoption

Calder, Republican, New York RpDemocrat, Missouri; Elkins, RepublicWest Virginia Femald. Republican, MailWatson, Republican, Indiana.

AgainstAshurst, Democrat, Arizona BeckHl

Democrat, Kentucky: Johnson, DemociSouth Dakota Kendrick, Democrat, Wmink' Martin, Democrat. Virginia OwDemocrat, Oklahoma; Phelan, DemociCalifornia; Pittman, Democrat, NevaSmith, Democrat, Georgia; Smith, DemociSouth Carolina; Wolcott, Democrat, 1>.ware.

Anotlier development of the day vthe announcement by Senator JamesPhelan, of California, t*Mit he wovote for a strong reservation emboing the idea of the Johnson amement. This is not only the defectof a Democrat from the anti-resertionist camp, but is a defection frthe forty Democrats on whom SenaHitchcock has counted on beyond qution.

All nine Republicans who voagainst the amendment united aftward i:i a statement that they wovote for "effective reservations," awith a view to expediting the ratiftion of the treaty they would Vagainst all textual amendments.

John-ion Files SubstituteAs soon as the vote had been ta

Senator Johnson introduced a subtute amendment giving the UniStates equal voice m the league V"any member of the league." ^vmShields has also pending a substitamendment for the Johnson am«¡nent, while the Moses amendmpertaining to the same idea, save tit seeks to protect every nation ngathe six votes of the British Emjinstead of only the United States,mains to be voted on.

At. the conclusion of seven hours'hate to-night Senator Hitchcocktempted to have another vote,Senator Lodge moved a recess untilmorrow. Mr. Hitchcock demanderoll coll on whether the Senate wiremain in session |o-night, butbeaten. 48 to :',i",. j

Coal StrikeCertainNov.1He Declares

Refusal of Operators toNegotiate a New WageAgreement Is Hehl Re¬sponsible for Walkout

25 District ChiefsTo Meet To-morrow

Government Blamed forNot Forcing Owners toDiscuss New Contract

SPRINGFIELD, 111., Oct. 27..Con¬fronted by the demand of PresidentWilson that the strike call, whichwould stop production of soft coal inthe United States, be rescinded, JohnL. Lewis, acting president of the UnitedMine Workers of America, to-night bytelegraph invited twenty-five districtpresidents of coal producing" states andmembers of the miners' scale commit¬tee to meet with the international ex¬ecutive board at H) A. M. Wednesdayto consider the strike issue.

Tlie action of Mr. Lewis, he stated,was prompted by a desire to move withfull deliberation in a situatijrti, theseriousness of which cannot be gain¬said.

Thirty-two members' constitute thefull scale committee of the central com¬petitive field, which comprises thestates of Indiana, Ohio, Illinois andwestei-'.i Pennsylvania.

Declines to Forecast Action"District presidents and members of

file scale committee are being calledin," President Lewis said, ''to counselwith the executive board by reasonof the President's statement. Whatfinal action will be taken I cannât pre¬sume to forecast."The exectlive board would have au¬

thority, lie stated, to postpone or sus¬pend the strike order, subject to thewill of the membership of the union.

lieiore sending the telegram to the(list riet presidents Mr. Lewis, whowas then preparing to go to Indian¬apolis to take charge of the strike sit¬uation, declared the strike order wasstill in effect, and the 000,000 minersin the bituminous field would walk outto a man unless the operators madeconcessions."The statement of President Wilson

opposing the strike thus far has had noresults, so far as we are concerned,"he stated. Lewis said no word reachedhim from government sources duringthe day.

Lewis expectes to reach Indianapolisat 2:40 p. in. to-morrow, where he willmake preparations for the meetingWednesday of the international execu¬tive hoard. He said to-night he ex¬pected no developments prior to thisconference.

Average Pay Declared $1,228Branding statements that coal miners

were earning $10 or $15 a day as

"absurd." Mr. Lewis said the averagepay of miners in the bituminous fieldlor 1918, which he declared was thebest twelve months in mine workersannals, was $1,228. lie refused tosay what the maximum earnings of;>. miner under favorable circumstancesmight be, hut said the earnings of"day men" amounted to between $4.25and $."> a day. These include tracklayers, drivers, mechanics and laborers.Coal diggers, he stated, can make more

money than that.He explained that wages of miners

were curtailed by the fact that minesoperate on the average only three orfour days a week. This condition, hesaid, made necessary a shorter day andweek in order to furnish continuousemployment, as embraced in wage de¬mands suggested by miners early inthe conferences. Other demands in¬clude 00 per cent increase in wages,time and a half tor overtime, elimina¬tion of the strike penalty clause, etc.

Holds Operators ResponsibleIn a statement issued to-niirht he

said, to clear up popular misapprehen¬sions about exactly what took placein the joint conferences, Mr. Lewisagain placed responsibility for thestrike on the operators. The state¬ment follows:"At the .biennial convention of the

United Mine Workers at Cleveland,.September 0 to 2.'!, attended by 2,04iJdelegates, a wage program and policywere outlined ami scale committeeswere selected who were instructed topresent demands to the operators."On September 2."), at Buffalo, the

miner; and operators met. in jointcommittee. The miners presentedtheir demands and were met by a bluntstatement that the Washington agree¬ment had not expired because the warwas not ended and peace had not beenpromulgated by the President.

No Counter Proposals"No counter proposals were submit¬

ted by the operators, who seeminglywore determined to avoid making anew agreement. This committee ad¬journed for a week and reconvened inPhiladelphia on October il, where thesame circumstances obtained and sinedie adjournment took place on Octo¬ber 11.'

".The miners insisted at all times thatthey were ready to consider demandsfrom the standpoint of merit alone, butconsideration on this basis was deniedby the opernti rs."The government, m conference?

with operators and miners last week atWashington, endeavored to secure a re-

Conthiuod on page jive

Text of Message VetoingProhibition Enforcement

WASHINGTON, Oct. 27..Following in the text of President Wilsonsmessage vetoing tlic Volstead war-time prohibition enforcement measure:

"To the House of Representatives: j"I am returning without my signa¬

ture IL R. 6810, 'an Act to prohibitintoxicating beverages, and to regu-late tho manufacture, production, useand sale of high-proof spirits forother than beverage purposes, andto insure an ample supply of alcoholand promote its use in scientific re¬search and in the development offuel, dye and other lawful industries.'"The subject-matter treated in this

measure deals with two distinctphases of the prohibition legislation.One part of the act under considera¬tion seeks to enforce war-time pro¬hibition. The other provides forthe enforcement which -vas madenecessary by the adoption of the con¬stitutional amendment. I object toand cannot approve that part of thislegislation with reference to war-time prohibition.Objects Satisfied by Demobilization

"It has to do with the enforcementof an act which was passed by rea¬son of the emergencies of the warand whose objects have been satis¬fied in* the demobilization of the

army and navy, and whose repeal Ihave already sought at the hands ofCongress. Where the purposes ofparticular legislation arising out ofwar emergency have been satisfiedsound public policy makes clear thereason and necessity for repeal.

"It will not be difficult for Con-*gres3 in considering this importantmatter to separate these two ques¬tions and effectively to legislate re¬

garding them, making the properdistinction between temporarycauses which arose out of war-timeemergencies and those like the con¬stitutional amendment of prohibitionwhich is now part of the fundamen¬tal law of the country.

"In all matters having to do withthe personal habits and customs oflarge numbers of our people we must,be certain that the. established proc¬esses of legal change are followed.In no other way can the salutaryobJ2Ct sought to be accomplished bygreat reforms of this character bemade satisfactory and permanent.

"WOODROW WILSON."The White House, 27 October,

1919."

CarranzistasImplicated inJenkins Case

State Department KxpectsMexican Government toReturn Fund Paid Captorsof U. S. Consular Aiicnt

WASHINGTON', Oct. 27. .Officialinformation from .Mexico City indi¬cates that Carranza soldiers unques-tionably were implicated in the kid-naping of William 0. Jenkins, theAmerican consular agent, at Puebla,who was abducted October 19 and re¬leased only after his friends in Pueblahad paid to the kidnapers $150,000 ingold.'

State Department officials have notbeen officially notified of the implica¬tion of the Carranza military, but itis known they look to the Mexicangovernment to reimburse promptly thefriends of Jenkins.The American government, it was

said to-day at the State Department,does not intend to pay any of the ran-som money either directly or indi¬rectly. Officials expressed belief thatPresident Carranza would be glad torepay the friends of the consular agent.The Department had no news regard¬ing the release of Jenkins during theday except a message form the Ameri¬can Embassy in Mexico City sayingthat Third Secretary of EmbassyManila reported from Puebla ttvitJenkins liad sent word from within theFederal lines that he was free and wasreturning to Puebla.

Reports regarding Jenkins's physicalcondition and details of his kidnappinghave been asked of the American Em-]bassy by the Department, and it wasannounced that information regardingthe case would be made public as soonas received, It is feared that Jenkinswas mistreated by his captors, as itwas reported unofficially that he wasgoing to an American hospital fortreatment. The Department, however,had no information confirming the re¬ports.Both the State Department and the

War Department are cooperating withMexican authorities in an investiga¬tion of the deaths of Lieutenant CecilII. Connelly and Lieutenant FrederickB. Waterhouse, army aviators, whosobodies were found in Lower CaifTor-n i a.The information at the dispositionof the State Department, it was said

to-day, is not sufficient to warrant theofficial charge that the two men weremurdered, although that has been fe-ported to the department.

Senator Myers, Democrat, Montana,to-day had the Senate defer action ofhis resolution calling on the President'to use the armed forces of the UnitedStates to rescue Jenkins and punish!his captors. Mr. Myers said he (le-;sired to await confirmation of the re-lease of Jenkins before pressing for'action.

Army Air ServiceLoses $15,000,000

WASHINGTON, Oct. 27. -After elim-inating the Senate provision of $15,000-000 for the army air service and reduc-ing the appropriation for the Alaskanrailroad from $17,000,000 to $6,000,000,House and Senate conferees reached anagreement to-day on the fir t general'deficiency bill of this session.The conferees also reduced from$73,312 to $64,000 the appropriation oithe expenses of the interi.atior.nl labi rconference to bo held here, and elimi¬nated the appropriation or' $35,000 forthe national industrial conference, ex¬

pense of that meeting having been paidout of the contingent fund. The Sen-ate appropriation of $5,000,000 for thevocational education board was re-' tainedt^

! Mr. Wilson 9s GainIs Satisfactory

¡Physicians State He WillBe Able to ConsiderLabor Problems To-day

New York ï'nbuneWaahinoton Bureau

WASHINGTON, Oct. 27..PresidentWilson again to-day transacted someofficia! business from his sick bed

| when he vetoed the prohibition en-¡ forcement bill and returned it to the| Senate unsigned, lit; also signed par-I dons in several cases, which he re¬quested the Department of Justice toplace before him.

Dr. Cary T. Grayson, Mr. Wilson'spersonal.physician, said to-night thePresident had had "a good day,"' thoughhe issued no official announcement.The only bulletin from the WhiteHouse was issued at noon, followingthe morning consultation, in whichDrs. Grayson, Ruffin, and Stitt par¬ticipated. The three physicians signedthe announcement, which said:

"The President's progress contin¬ues, as during the last few days,satisfactorily."The prohibition enforcement bill

was sent to the sick room at 12:30o'clock. With the bill was a state¬ment, from Attorney General Palmer,which said the biii, as enacted, wasnot contrary to the Constitution. Norecommendation seeking the veto ofthe act was addressed to the Presidentby the Attorney General, it was saidofficially at tin- White House.The President dictated the 350-wordletter addressed to the House of Rep¬resentatives returning the bill un¬signed. After the letter had beentyped it was brought to the sick roomby Secretary Tumulty and signed bythe President with lead pencil. Thesignatures on the pardons also wereapplied with lead pencil.The President was said by Dr. Gray¬son to be more anxious to-day to re¬sume his official duties than at anytime since his illness. He inquiredabout the coal strike situation and theindustrial conference.

Dr. Grayson intimated the Presidentwould be able to-morrow to considerany plan that might be presented bythe Cabinet on reconvening the indus¬trial conference. The Cabinet willmeet to-morrow as usual, and decideon the list of delegates to make upthe conference for reference to thePresident.

Diamond Anklet at PierCanses Much Neckstrain

80-SoIitaire Ornament AdornsChanipagne-Hued Hose ofMrs. Peter Cooper-Hewitt"The lady with the glittering ankle"

attracted unusual attention on the Cu-nard pier yesterday after the Mauro-tania had landed its passengers, andcustoms officials were frequently in¬formed by curious travelers that therewas a misplaced diamond bracelet onview within a few, yards of the assignment desk.

"I must look into this," said an in¬spector on the staff of Deputy Sur¬veyor Alexander McKeon. and forth¬with he approached the woman trav¬eler and asked her name.She said she was Mrs. Peter CooperHewitt, and presently he had a look ather declaration. Everything was regu¬lar, he said, and added that folks who

put diamonds in a conspicuous placelike that had nothing to conceal fromcustoms officials.The glittering band wag claspedaround Mrs. Hewitt's left nr.k'e. which

«as encased in champagne-colored hose.The anklet is said to contain eightysolitaire diamonds.

Bank Robbed ni $ 10,000CINCINNATI, Oct. 27. The safetydeposit vault in the Hank of Alex¬andria, at Alexandria, Ky., a few miles

¡south of Cincinnati, 'as blown open bycracksmen early to- ¿, and $40,000 inliberty bonds taken. »^..

ProhibitionEnforcementWins hv YoleOf 176 to 55

If Senate Refuses toTake Up Measure To¬day Drys Plan to ForceIt Through To-morrow

Army Demobilized,Veto Message Says_

r

"'War Emergency Satis¬fied, Policy MakesClear Reason for Re¬peal," President Asserts

By Carter FieldNew York Tribun»Washington Hun au

WASHINGTON. Oct. 27. The prohi¬bition enforcement bill, although ve¬toed by President Wilson late to-day,will probably become law through beingpassed over his veto within forty-eighthours.

Within three hours of the veto mes¬

sage reaching the House of Represen¬tatives that body had repassed the billby a vote of iTfl to 50, or more thanthree to one, instead of the two-to-ouerequired by the Constitution to pass a

measure over an executive veto.Efforts to bring up the bill immedi¬

ately will be made in the Senate to¬morrow by Senator Sterling, who represented the Judiciary Committee andhad charge of the bill when it origin¬ally passed. £f unanimous consent ;-

refused, it will be necessary for the"drys" to break ttn the executive seasion which is considering the peacetreaty by forcing an adjournment.Then on the following day the prohibition enforcement bill can be taken upand passed, if there is no oratory todelay matters.

Little Discussion Is ExpectedProspects are there will be little dis¬

cussion. Senator Hitchcock, while heseemed to believe there would be con¬

siderable opposition to passing a billover the President's veto, said therewould be little time for its considerstion. This represents how one grout»of "wets" feel about it. On the otherland. Senator Underwood, who hasbeen one of the "wet" leaders eveisince prohibition has been an issue,took the view there was no point inholding up a law providing for theenforcement of an act already on thebooks.

"If the law is^on the books it shouldbe enforced," he said.The only effect of the veto, so far a«

can be discovered to-nijht, is that inNew York and some other places wherethe selling of 2% per cent beer was tohave been suspended at midnight to¬night, selling may continue at the samerisk as previously until the Senate bwpassed the bill over the veto. So thatforty-eight more hours of sellinz is theprospect.

Veto Surprises CongressThis is bared on the comment of

Attorney General Palmer sent out tonewspaper men who wanted to knowthe effect of the veto. He sent outword that the situation would not bechanged by the veto, except that 2.75beer could be sold in places where thecourts had held it to be legal.The President's veto was one of the

greatest surprises he has given Con¬gress for a long time. The reasonsfor his veto caused even more surprisethan the act of rejecting the bill whenmembers had a chance to read themessage.The President virtually took the po¬

sition that in combining war-time- en¬forcement with enforcement of theconstitutional amendment Congress was

attempting to enforce an act.war-time prohibition.of which he did notapprove and which ho had recom¬mended should be repealed. He ig¬nored the fact that Congress had rejected his recommendation for the re¬peal of war-time prohibition by anoverwhelming vote In the House andbf a vote oí 55 to 11 (five to one) inthe Senate.

Prospects for a "wet Christmas" artas much up in the air as ever. No or.«¡s sure whether the ratification of thepeace treaty will be immediately fol¬lowed by a peace proclamation by thePresident, which would be followed bya lifting of war-time prohibition, orwhether it must wait until the tustwith Austria is ratified. The iCf-sident's comments indicated to most peo