davidaulloa/AmericanStories huggingface dataset:
The daily times. [volume] (Wilson, N.C.) 1902-1936, 1919-05-03
NOT THE
FIRST TINE
Judge Boyd Has Declared
Child Labor Act Unconsti-
tutional. Stopped
INTER. STATE. COMMERCE
INTERSTATE COMMERCE

Washington, May 2.-OfflclalS
of the department Of justice were
without information of the decision
of Federal Judge Boyd, at Green's
bore N. c., today declaring the
child labor section of the war rev.
enue law unconstitutional, and
could net say what the next step
in the case would he. 1t was stat
ed, however, that the decision
would not effect operation of the
law unless upheld by the Supreme
court. AS the case was brought
by an employe against cotton mill,
the government havi ngno direct
part in the proceedings, it was said
that the question of an appeal
would have to be decided locally
at Greensboro.
This is the secoud time Judge
Boyd has declareJ the child labor
law unconstitutional.
The previous case was brought
to test the Federal statute, which
denied the channels of interstate
commerce to goods made in factor
lie where child labor was employed.
Despite the rallying of well known
constitutional LAWYERS to the de-
tense of the statute, it was held
invalid by Judge Boyd. After the
supreme court upheld him, Congress
wrote a provision into the recent
act,> placing a privilege tax of 10
per cent, on products of factor
| years of age to any extent, or the
| employment for longer than hours
a day of children from II to 16
years of age.
/ In making permanent an injunc-
| ton granted temporarily stay of
execution of this law in the Char
| lotte, N. c., case here today, Judge
4 Boyd said that the Federal law tries
| to accomplish regulation of employ
ment by indirection under the
| taxing privilege in this instance
as the previous law attempted it
/ under the interstate commerce DOW
ers Both attempts he holds to be
invasion of the state rights.
1 The case was not argued at any
considerable. length and Judge
Boyd's opinion will be brief. He
will reduce it to writing right away
and the case will be taken by appeal
Tor writ of error to the Circuit Court
of Appeals or the Supreme Court OF
the United States. The case will be
continued in the Supreme Court OF
the United States and heard at ar
early date. The law is contained in
Title Il of the Revenue act of 1918
1t was expected that the argu.
ment of the case would take consid-
cradle time, but when the matter
came up this morning, Judge BOYD
early indicated that he was of the
Iopinion that the law is unconstitu.
Itional, and this made unnecessary
tany extended argument. The case
was brought by Eugene Johnson, BY
his father as next friend, against the
Atherton Cotton Mills, of Charlotte
The plaintiff was represented by ex
Judge w. P. Bynum, of this city
Julius Parker, of New York anl
Manley, Hendren and Womble OF
Winston-Salem. w. N. Wilson O
charlotte, appeared for the defend
lants, and District Attorney Ham
Imer represented the government. I
will be recalled that Judge Boyd helt
the Keating Child Labor Law un
constitutional, and was later sus
tanned by the Supreme Court of tn,
United States.
The daily times. [volume] (Wilson, N.C.) 1902-1936, 1919-05-03
Preparing for the Austrians

Paris, May 3.-With the meeting.
with the German peace delegates al
ready under way the question of
steps towards the approaching peace
negotiations have already been TAX
en- up. The delegation of Austrians-
will be housed at st. German a SUI
burb of Paris.
The daily times. [volume] (Wilson, N.C.) 1902-1936, 1919-05-03
PFEFFER ALLOWS BRAVES
BUT TWO MEASLEY HIT

Brooklyn, May 2.-Brooklyn op-
ened it's home season today with
a shut-out victory over Boston; 3
to O. Pfeffer and Rudolph had
pitchers duel until tile 8th inning,
when Krueger's triple scored two
runs. Malone's single on the 4th
scored. Wheat Kelly struck out
in his first three times at bat.
The daily times. [volume] (Wilson, N.C.) 1902-1936, 1919-05-03
BASEBALL CANES
ON YESTERDAY
St. Louis Won From Cincin-
natti and Brooklyn Shut
Out Boston.
THE GAMES TOMORROW

st. Louis, May 2.-Three st. Louis
pitchers allowed Cincinnati but
two hits, and the locals won to-
days game, to 1. Tuero, who pit
ched 1-3 inning, was largely re-
snonsible for the victory, scoring
two runs and .!riving in three
more.
The daily times. [volume] (Wilson, N.C.) 1902-1936, 1919-05-03
Terrific Explosion in Wilkesbarre
Mine.

Terrific Explosion in Wilkesbarre
Mine.
Wilkesbarre, Pa, May "a ter
rife explosion occurred today in the
Nottingham mine of the Lehigh and
Wilkesbarre Coal Company which
killed a number of miners and i'm
prisoned some SO according to re-
ports in the fire which followed.
Three bodies have been recovered
and fifty more are believed to be
dead,
Fifty Men Overcome by Gas.
Wilkesbarre, Pa, May 8, 8 p. NJ
Fifty men were overcome by gas, but
meme OF these were killed.
The daily times. [volume] (Wilson, N.C.) 1902-1936, 1919-05-03
SIX PITCHERS ARE USED
IN THIS EXCITING GAME

Pittsburgh, May 2.--The Chicagos
defeated Pittsburg in the opening
game here today by score of 4
to 2, each side using three pitchers.
Mayer had his hand split by liner
from Hoiocher's lat in the first
inning, and gave way to Evans,
whose wildness in the 4th and 5th
innings, coupled with timely hitting
by the visitors, scored all their runs.
Evans gave way t, a pinch hitter on
the eighth inning, and Adams
pitched the last. Tyler hurt his
side in pitching to Terry in the 5th
inning, and gave way to Martin.
who aIlo wed two runs whole on the
rubber. When the first man up
tripled off him in the 9Th, he was
replaced by Douglass, who prevent
ed further scoring
The daily times. [volume] (Wilson, N.C.) 1902-1936, 1919-05-03

New York, May 3.-The cotton
market opened steady at an advance
of from to % points under
scattered selling or realizing over
the week end prom nted by favorable
weather and a New Orleans report
acreage reduction
The daily times. [volume] (Wilson, N.C.) 1902-1936, 1919-05-03
BOLSHEWKI ARE
RETREATING
ALONG ALL THEIR FRONTS
ACCORDING TO A RE-
PORT PUBLISHED IN A
RUSSIAN NEWSPAPER.
ARRANGING FOR A RE-
CEPTION OF AUSTRIAN.
PEACE DELEGATES.

Helsingfors, May 3.-Retreating
along the entire eastern front the
Siberian armies of the Bolsheviki
forces are giving away a Russian
newspaper says.
The daily times. [volume] (Wilson, N.C.) 1902-1936, 1919-05-03
Petrograd Probably Captured.

Paris, May 3-Petrograd has
probably been taken by the Firms
according to a report which has just
reached Paris.
The daily times. [volume] (Wilson, N.C.) 1902-1936, 1919-05-03
FAIR TONIGHT AND WARMER

Washington, May 3.-Forecast for
North Carolina: Fair tonight and
western portion tonight; gentle
variable winds.
The daily times. [volume] (Wilson, N.C.) 1902-1936, 1919-05-03

New York, May 3.-Cotton fu-
lures opener barely with May 1888.
July $3.50; October 24.60; Dec.
24.09, jan 2375
At noon July was 26.70. and
Spots Wilson market middling bas-
is 27 cents.
The daily times. [volume] (Wilson, N.C.) 1902-1936, 1919-05-03

New York, May Sunday ma
jor league baseball permitter under
the new law, will be played in this
city May 4, President Heydler Of
the national league, announced to-
day, Philadelphia playing in New
York and Boston in Brooklyn. .
These games will take the place of
those scheduled here for Monday
On the following Sunday New
York will play in Brooklyn the
game scheduled for May IL. The
American League will follow the
same procedure Washington play
ing in New York
President Heydler and President
Ban Johnson of the American Lea
que will hold a conference next
week to arrange Sunday dates for
the remainder of the season. Pres
ident Heydler sal, new schedule
including these games will be drawn
up to avoid confusion. There will
be no departure from the 140
games scheduled, he explained.
The daily times. [volume] (Wilson, N.C.) 1902-1936, 1919-05-03

New York, May 3.-The market
closed steady with May 1886, July
1856, Oct. 24.67, Dec 24.19, Jan.
1882.
The daily times. [volume] (Wilson, N.C.) 1902-1936, 1919-05-03
M A r K E T S
COTTON.

New Orleans Says only H. per
cent acreage Reduction.
The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1919-01-28

in the United States. None CT these
have been abb" 10 suggest a plan ~
which the state can contest the july
men; OF the Supreme Cour:.
The fact is that neither tho Governor
nor tho Legislature r.n shirl, respcr
s!bility. Somr action is necessary. and
the failure TO act at the present time
IS almost certain 10 create a very en-
harrassinS situation. The legislature
is. OF course, entitled to n! the incorrna-
ton that the Governor can TiEc. ami II
should have tn" benefit of his study OF
the question. and both The Governor AID
.hA lawmakers should remember that
they arc West Nirgin.aus first and pol
jticians afterwards. II Is their business
20 make the best settlement Of this ques-
ton that they can make.
n West Virginia has TO pay this
money, we are rich enough to pay it
and can pay T. "" have fought this
case earnestly and W. have at least the
Of knowing that We have
donc all that we could honorably do. to
maintain our position. and to assert
that We believed TO b" our rights.
The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1919-01-28
THE ISSUE OF 1920

There are few men In America who
see with clearer insight or speak with
higher authority than Dr. Nicholas
Murray Butler. President OF Columbia
College. In ) recent public address. Dr.
Butler made, reference to the socialistic
tendencies Of the national administra-
tion. and In those socialistic tendencies
he sees one OF the great issues. the
American people will have to meet with
in 1920. Here are DR.. Buffers words:
We are coming 20 time. that Is
more serious than any time in the his
tory Of the Republic. In II" I'rcsdcn-
tial election of 1920 we shall be called
upon to decide tn" most momentous is
sue that has come before us since 1850.
AT that time our fathers had 60 de-
teIrnine whether the Union should re-
main intact or should tiSScivr In 1895
I'VE faced an issue OF the greatest i'm
portancc. 1t was q matter cf sound cur
rcncy or unsound EuIrcnGy. But gov
eminent can get along for q while at
least with unSound currency. However,,
in 1920 W, shall ha-a 10 make q decision
as Ia whether We are to maintain our
American form Of government whether
VT are 10 O'-Nelpp STU pfoSTeSS dtOIR
tho lines laid down by our fathers. or
whether We shall overturn the present
form OF government and try a new
and experimental typo Of State social
ism. W" know that III" Republicans
will b" on the sid" of .Americanism. and
will nc tho vnce Of the forward looking
forward stepping democracy. for it
stands for advance by evolution and not
hy revolution
Another distinguished American has
in The past few days given utterance to
the same thought. Charles Z. Hughes.
Chief Justice OF the Supreme Court OF
the United States in an address to the
New York City Ear Association the
other day said:
In increasing measure We are ruled
no; b. Congress. nor by the Executive
nor, by State Legislature. nor by Cover
nnrs. but BY department officials. whose
personal will. whose favor or distavor
measures for practical purposes The
rights of American citizens. But here
is the point:
Disobediancn TO the oureaucrat is a
crime. and citizen prefers 10 obey
rather than chance the disgrace OF AN
Indictment. For him due process Of
law is largely an unreality. for rcpui l.
ton is TOO dear to enable him to risk
the displeasure of the bureau chief or
even Of a subordinate who can enforce
his will by the fact Of a criminal charge,
We have made the world safe for
democracy. but we have raised up NJ
home q new danger which. tou hes
American citizenship more intim ely
than Tho mailed fist OF the German
Kaiser ever did.
The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1919-01-28
MARIAN REFINING COMPANY
DRILLS IN 4 FIVE HUNDRED
BARREL GU5HER IN PONCA
TO LOCAL SToCKHOLD-
ERS CAUSE ELATrON IN MANY
WHEELING HOMES.
Newhrk Field Holds Forth Further
Possi biltties to Company's
Investors,

Stockholders Of the Marian Refining
company Of this city will be very pleas
I'd to learn that the company has struck
deep sand we'll in the southern fields
which has proved Il Eusher.
a telegram received today stated that
the new we'll is producing 500 barrels
per day at depth OF 1890 feet and that
i. was the first produced in deep sand
developed in this territory. The Infor-
nation is 10 the effect that the wells
drilled in this section possess great
possibilities.
In Newkirk. northeast Of Ponca. the
company brought in Il we'll which PROM
Uses TO b. rich strike. The we'll has
flown with oil from tho top sand. and
when drilled again win undoubtedly
prove Il great producer. This is prac-
GcaIly L new field and the Developments
of the past few days Indicate that the
Marian Refining company has struck
II rich
In the southern field a number OF
good wells have been drilled within 4
short time but in the field northeast
Of Ponca tho rich strike above referred
TO is the first OF it's kind The num-
Der Of Wheeling stockholders In this
concern will be pleased with this turn
of good fortune. 1t is stated on good
authority that considerable OF the Mar
Ian stock Is in The hands OF local pro-
pie.
The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1919-01-28
RIPPING RHYMES
HONEST POVERTY.
BY WALT MASON.

II i. unpleasant to be poor when
cold winds sweep across the moor.
fresh from the arctic pole; ana
honest poverty looks stale when y
involves the lack Of kalc 10 buy a
ton OF coal. On summer days "" SIT
around the drug store or the vii
lagr pound and jccr at h"ap"d MP
wealth: why should a person lust
for gold for bonds and stocks aud
gems untold, If he has strength and
health We do not envy any gent
who is beneath the burden bent
that rich men always bear; while
we have roofs above our heads.
and frugal meals and truckle beds.
for wealth we do not care. Oh.
thus We spiel when days arc warm.
and there's no symptom Of storm.
we hand out just such rot: we
think we mean the things We say.
we shoe the plutocrat away, and
boost our humble lot. But when
the snow whirls by like smoke it's
blamed unpleasant TO be broke--H
Jars the honest soul TO cat the last
remaining prune. and feed the fur
nnce with spoon, a-huseandlns
the coal. Oh. then one longs for
precious stones and diadens and
silver bones, and bullion bars that
clank:' one winds the clock and
fires the cat and yearns TO be
pfutocrat with plumber in tho bank.
Copyright by George Matthew Adam:
The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1919-01-28
Our Daily Story
HM.

nandriSs Underline. the WORLDS lead
ing efficiency exphr'. fingered his ad-
vance 5000 fec and frowncd thought
fully.
You arc sure" h" asked that you
have advertised this beverage. lnka-
lrCsa Sucficicntl%"'
Qu:alu.. sccdbird nodded UP and down.
II sp"a, 100000 on HNbonr1is N
February alone" he said. "and you know
February * 4 short month.
Comparatively" admitted Underline
gruIg!nSly. You are equally SURE you
have mad" ;h: r,,in'! price Sufficiently
low
Tn cents n hut;ic.' replied Scedoird
Il couidn't puSElbly make II any lower
.han chat without making II less than
= Iinl"
Him." mind IT," efficiency expert.
And still j, dr"sn.t~ sell. Hin. kne"
II has all n" qualities Of popularity.
because dr7lnN t-ptil" ono" and had
stomach ach, practically nj once. HIM.
h:,yo X: Instead Of advertising II a'
ten cents Il hnttl" advertise that you
will send 4 sampi" bottle on receipt OF
tn cents.
Which Quinn" S""ibird did. ana IN"
orders ca.r.c IN so th8ck and faS, that
two pvStoffirT clerks wore Su: tochtNH l."
death when five tons Of envelopes. hast
iIS: stacked. Cnvcd IL.
tCopyriEht by George Matthew AdamSD
The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1919-01-28
A NEW GERMAN CAPITAL

Tho beautiful little German city Of
ftal The leaders of the German d"moc-
racy have very wisely decided that Ber-
lin Is not the ideal place for the eo-ma-
ton Of = Republic ard for ;he establish
meut Of stable government. The
forces Of Socialism and Bolshevisrn are
stronger in Berlin than any other city
in the Empire. On the other hand
Berlin signifies to I large ma jori,y OF
the German people the domination Of
Prussia and the continuation ~ the
3Prussian ideals that have brought Ger
many to ruin 1t mast not be l., got
Sten that in many Of the South Ger
snran states there has h"en IN antipathE
towards Prussia AMI Pcussianisul. The
arHlitary Successes of the Prussians
gave them 4 prestige. which for hale q
century enabled them 20 take. not only
'Ghe military leadership. but the poitt-
seal and commercial leadership OF the
Empire PruSS:an leadership brought
on the war. and rrussian leadership
drought the final result.
II is not strange, therefore. n the
: smaller states OF the Empire consider
able feeling is manifested against Bcr-
lin, the center and stronghold OF Prus-
sianisra. At Wisnar the new govern
meat will b. surrounded by the most
enli gttcoed and mos. liberal Influences
Of the German Empire. and thr selection
Of tho new capital may Dc taken as an
indication of the spirit which is now
controlling ,he leaders Of the German
democracy.
The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1919-01-28
Tuesday, January %, 1918.
>THE INDUSTRIAL OUTLOOK

Mr. Charles n. Schwab. who Is us
s.uaIly very optimistic. has given out an
Atnterv1ew b Paris Ia which he takes a
E,Siooxny view of business and Industry
Nor the immediate future. Only few
,,veeks ago Nh. sehvab Was quoted to
Tho eject that reconstruction work was
sseertain to bring a big demand Zoe Amer
E&can products ard ON era OF unequlled
Eprospertty was ut hand. Apparently
SMr. ScfrwaSs views have Undergone >
shenEe. There Is no merit in pesstnfsrn
Asand certainly no American business
]. man desires to take the, role OF q pro
Applet Of evil Nevertheless it is iuapos-
Sstble not to recognize tha; IN era 81 re-
Aadfustmcn. - 4; hand and unit! this re-
SsdMstreut has been thoroughly accom-
@pnshed we can not lo1S fer great hcsi-
- ness activity. Costs of all kinds have
$been advanced in America beyond IL
: precedent Wages have gone up to fig
= ures hitherto unheard ct. Products CT
=, labor have advanced in proportion. and
: these adances have brought IN advance
I'm the cost OF living.
: Reduction OF wages without the re-
ouction in The cost Of living will re-
-Sssult in hardship and suffering. II gen
sral reductions ara TO como somewhere
s~there must be a bcci Inning. These facts
might as well be faced. Today We arc
carrying on every branch of lranufac-
. ;strue az cost Of two 20 three times as
d, ;sgrcat as the same kind Of work was
Sldone before the war. and GA n-.h
:, higher Dast. esHst any ottrer country. In
sfhip building alone. It IS estimated that
~ 1870 have paid one hundred dollars per
zion moro for our mercantile marine
Than Great britain did. The problem Of
..our business men will be 10 carry
Through the adjustment OF wages. and
The readjustment Of manufacturing coE-
ditions with the least possible friction
land at the earliest possible moment.
= Until. however. the wide gap between
:, manufacturing costs in America and
2 like costs abroad. have been very consid-
j erabty reduced. we cannot look forward
TO sane industrial activity.
The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1919-01-28
Bo|shevik SympathizerS
Organize to Tell the
Truth About Russia

NEW YORK. Jan. :7-Organization
Of the truth about Russia committee.
By number Of American puoliclSts was
announced here tonight accompanied oE
a statement declaring that the SOVIET
government in Russia is governing that
country in an orderly fashion ana ad-
yocating that in the solution OF the Rus
sian problem the allies and the United
States should deal with Lenine,
The committee includes Alvin John-
son, AN editor Of The New Republic:
Henry f. Mussey, Albert ]. Mock and
William, Macdonald, editors OF The Ma
ton; Paul kellogg. editor Of The Sur
vcy; Martyr Johnston Harold Stca1hS
and Robert Morris Lovett. editors or
the Dial; Frank P. Walsh. former mem
b,~r of the War Labor Board; Jane Nd
dams. Of Hull House. Chicago. anu
lis purpose is explained las an Amer
lean movement together with authentic
information" on Russian affairs and IN
general to attempt to present TO Ameri-
can public opinion as accurate picture
az it is possible to obtain OF the pres
ent status Of the Russian revolution
The Soviet Government IL cescriocd
az never having been .pro-GrrTnan ana
rniu,. AZ leader or the NOR" mod
craze faction" who has been 'premrcd
to conriliate the western powers by re-
deeminy the Russian loans and ronin-
ing his activity to- efforts at internal
constitution.
His Influence in thc government is de-
,,lared TO be the dominating one as COM
pared with that Of Trutzky, who. IN con-
trast with I.enine. "adTocat" class war
throughout the world. and the over
throw OF governmental.
Tho committee says its information
shows that the Soviet government is
stronger today than it has been SING.
the October revolution Of 1917. has the
support of an overwhelming majority 1t
Russian people and its activities all
testify to the fact Soviets are now ue-
veloplng a construction program IN rus
STA .
The action Of the peace congress- IN
Paris in inviting NIL political factions
in Russia to the conference is endorsed.
"Tbis signifies as realization on IN"
mart Of the allied governments that Boil
shevism must be faced as reality
says tho statement.
Progressive activity hitherto under
taken has resulted only In strengthening
the Bolshevik on Russia
The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1919-01-28
ROADS AND NATURAL GAS

Here ar" some interesting figures sug-
gestire OF the possibilities OF road
making in the United States. and par
ticuarly in West Virginia. In the
country ut large we have about :,7SO,-
900 miles Of roadway Of some kind or
another. OF this vast mileage, about
$4,000 niles or one mile in ten has
been improved. BY Improvement we
mean the maintenance Of a hard surface
road capable Of standing automobile
traffic Such road has 4 surface
either concrete or brick and must have
foundation Of several inches solid
substance.
In West. Virginia, we have approx
uately $4,000 miles OF road. Of which
considerably less than 1000 have been
put into nrSt class condition. We need
in ttns state to build- as soon as pos
sfole. from tea to fifteen thousand miles
OF improved roadway. These roads
will be secured and the problem or la
Dor, which may become acute during
the coming year. will be solved TO a
large degree by the employment of idle
men in this work
We can set much OF the money nee
esary for this road Improvement. by
imposing tax upon the natural gas
wealth that is being taken out OF the
state
The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1919-01-28
War Chest Committees
Met Yesterday Afternoon

A meeting Of The cXecutiv" and finance
committee Of The OH" County War Chest
Association Inc. was held yesterday
afternoon at the one" ~ Mr. Howard
Eazlrtt. tho treasurer.
Plans fer Il distribution nf the war
chest funds W"r" discuSs"hi Som" pro-
gross was mad" hu' II VAS found n"C"a-
sury TO obtain 'un%id"I7Ihl" information
from various organizations D"'"r" any
plan for distribution "",lld II" adn,'t"d
Another meeting Of tn committee Will
b" hold IN the near future.
Encouraginr reports nr collections
Werr Slnfnitir cd
The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1919-01-28
ANNUAL MEETING

At the annual meeting in tn" Offices
of III" Wheeling Chemical Products com
pauy. tn" Stockholders reelected The
board Of directors. The company has
been making matches in the old lin"cda
brewery and is rapidly advancing IN its
trade. Tho officers Of IN" company arc.
A. A. Schramm. president: II. {. kal-
hi;zcr. yir" president: William Bayha.
secrctary-trrasur"r:. @. Y. SHidcr. gen
crIl manager.
The directors r'"l"":"d ""r": y. y.
Srhrnmin. Fl. &. kalbtz"r. Arthur Lang
han. =. T. Fiery. Adam k-"gl"r. L. i
S..hafrr Edward E"min.. q. V. SnId"r
and ii. .Arhcnz.