The New York herald., 1921-11-11
Companies Hold Out for the
Open Shop When Copeland
Tries to Arrange Peace.
BIG DEALERS TO BE SUED
Health Commissioner Says
Stale Milk Was Sold in ViO-
lation of Code.

Three locals Of the Milk Drivers
Union were enjoined from interfering
with the distribution of milk in an
order obtained yesterday afternoon by
seventeen Brooklyn dealers from Su-
preme Court Justice Kelby. It was
the lrst injunction obtained against
the strikers in this city, and was is
sued simultaneously with the failure
Of a fourth attempt to end the strike
and the announcement Of Health Com
missioner Copeland that he had de-
| cided TO proceed legally against the
Sheffield Farms Company, Inc, for al
legged selling Of milk more than forty
eight hours after pasteurization. a
violation of the Sanitary Code.
Several acts of violence and at
tempts to iptimidate employees were
mentioned in the application for the
Injunction. The order was made re-
turnable Monday and mentioned locals
5S4, lat and 125. Many Of the dealers
who applied for the order are men,
bers OF the New York Milk Conference
Board. Collectively they do not rep
resent more thar 80 per cent. of the
milk distributed in the city. The same
three locals also have been enjoined
in four counties of New Jersey.
Two acts of violence were reported by
the police last night. Tracy Ogden.
I n rod I
perintendent of the Borden branch at
S21 East 1920 street, when on his way
home from work was attacked and
beaten and has not yet recovered suff1-
ciently TO tell what happened. He Is in
Mount Sinai Hospital with fractured
skull. Ceber Lawson Of 80 West Eigh-
ty-fifth street was beaten by three men
last night after he had left the Sheffield
station in West 125th street near Broad
way. In Roosevelt Hospital it was said
his condition was not serious.
Huclkster Selling Old Milk.
Ole Salthe, director of the Bureau OF
Food and Drugs of the Health Depart
ment, said Inspector James j. Cooney
found n huckstering wagon selling the
milk in Lexington avenue. between
Fortieth and Fifty-sixth streets, Wednes-
day afternoon. The 100 bottles in the
wagon, Mr. Salthe said, all bore caps
stating the milk was pasteuriZed Sun
day. Inspector Cooney coniscated the
/ milk and took il as evidence to one of
the departments storerooms. John
O'Sullivan of the departments legal
| bureau. will apply for summons for
| Sheffield Farms tomorrow in Municipal
Term, Magistrates Court, Municipal
Building.
mo milk was knowingly sold by this
| company that was more than forty
| eight hours DID," said a statement issued
| by Dan Horton of Sheffield Farms. "Our
| employees have been ordered in the most
emphatic manner possible. and want to
make it as emphatic as I can that no
regulation of the Board of Health should
! be violated in the slightest degree and
| that as great care should be taken in
| the handling of milk at this time as
during normal times"
| DR.. Copeland said the only evidence
he had upon which to base his charge
were the bottle caps. He said submit
ting of the milk to analysis would not
| show how old it was when confiscated.
In calling two of the largest distribu-
ters of the city to conferences with their
striking employees DR.. Copeland ignored
both the milk conference board. the dis
| tributers' parent body, and the Milk
| Drivers Union. Local 584, the organ
ization of the strikers. This was done,
! il was explained, in the hope that a
settlement might be effected through the
| absence of the persons who the oppos-
| ing sides said were the stumbling blocks
in the way of settlement These were
l. E,lkins Nathans, secretary of the milk
boa rd, and George w. Briggs, general
auditor and receiver of the milkmen 8
| local.
Both sides at Conferences.
Both conferences we're held in DR.
Copeland's office. The first, in the
morning, was between Lotion Horton and
other officers of the Sheffield Farms
Company and sixteen OF their striking
employees. At the second, in the after
noon, Patrick d. Fox of Borden's Farm
Products Company and his coofficers
faced twenty-five Of their striking work
ers. Officers OF the strikers union were
excluded from both meetings.
Mr.. Horton said later he entered the
meeting believing that the open shor
would be the basis for all discussions
AS it developed this question never was
brought up, and Dr. Copeland succeeded
in having Mr.. Horton agree to a pro.
posal that he go back to his board o,
directors and formulate new contra ct
that would be submitted to the strikers
through the Health Commissioner
Mr.. Fox would not agree to this
proposition. He made It clear that sr
far as his company was concerned n
was through talking 20 the union. its
officers or delegations Of Its former en-.
ployees
"Our directors will meet tomorrow
, morning." Mr.. Horton said "and will
submit contract along lines dictated
only by what they believe is best 70,
, the publics and their own interests. Th,
open shop and the other questions se
far as this contract is concerned. ar,
let. TO us.
This does not alter our determine.
tion not to deal with the union directl,
!, or indirectly. We viii negotiate with
| neither the union representatives no,
shop stewards"
The milk board said so per cent. a.
, the city's normal supply OF milk wa,
, available Yesterday. and Dr. Copeland
admitted that Il exceeded 20 per cent
: The huclstering wagons were continued
along Broadway and texington ave
: nuc, Manhattan, and Bedford avenue
: Brooklyn. and I'm addition a semi-hous,
! TO house delivery scheme was Instituted
This consisted OF milk wagon drlvinf
| up In front of the house and the drive,
, ringing the front bell to notify the oc
, cupants Of his presence. II was tried
out along Bushwick avenue, BrookIyn
und at other places. and reports to III,
, milk board indicated that 1t had me-
with success.