davidaulloa/AmericanStories huggingface dataset:
The labor journal. [volume] (Everett, Wash.) 1909-1976, 1921-09-02
JUDICIAL VETO WHOLLY WITHOUT
AUTHORITY IN THE CONSTITUTION

(By Chief Justice Walter Clark
Of The Supreme Court Of North
Carolina in n-Federationist)
The three fold division of con-
5titutional government is into the
legislative or law-making depart
ment usually divided into two bodies
j. e., a senate, and ahouse Of rep
resentatlves; the executive, and the
judicial.
The only interference with the
supremacy of the law making de-
partmenU is that in this country,
but in very few others, the eXecu-
tive has a qualified veto upon the
action of the legislature. In Eng
land the veto of the King though
not formally abolished has not been
exercised for more than two cen
tuies-i. e., not since 1907. Even
the power Of the house Of lords,
their senate, has been practically
abrogatcd for many years by the
act which provides that when the
house of commons has passed an
act which the house of lords has
rejected but which the house of
commons has again reenacted, it
becomes law without the consent Of
the upper house.
In this country the President re
tains the veto power which was put
in the constitution one century and
a third ago, but it is not an abso-
lutte veto, merely a qualified veto
which can be over-ruled by a two
thirds vote in each house and this
has been very often done. Even
qualified veto by the executive is
aoW obsolete almost everywhere eX-
oept in this country. In most Of
our states, though never in all, there
IS a qualified veto which enables
he Governor to prevent the enact
mont Of any act unless it is again
passed as in congress, though all
the state constitutions do not re-
quire two-thirds majority for that
purpose.
The above statement contains all
the authority that exists anywhere
The labor journal. [volume] (Everett, Wash.) 1909-1976, 1921-09-02
THE OFFICIAL BULLETIN OF THE
WIN. STATE FEDERATION OF LABOR
MINERS HOLDING FIRM
Morale Stronger Than Ever

Tho morale of tho s+rikinr miners
in Western Wasbinoton is nbenom-
nn,I "a stril-a since the IGtf
Gn,, of Nf,rnb Nth onI,, r,aaro,
@ rojiof fp,.niebnd v.ssi'lv t6oi,. ranEs
a,n ,,,-Lrai.o-, ord fhoir do+orn,i,,a.
e., a. ,1,'osa,.,'a o,,l +bair or%ani1atio,
S+1a,oo,. than i 80 boan in an1
Tn,iod in tha controvarsv
0n Lost Smnda7, o,,o, > 00O minors
With +bai,. y,;veS aod families as
san'i,,oJ IN tba TaII gron1ds al
F,anl,Iir j., mass dan,onetra+io,
1ar,as DTrcan If SEATTLE and
p1nsi1oa+ G['l'. cbort ~ nf tba Stoto Fed-
aro+;o,, I3,, Of Iabo, u'aro inv;tod os
~ stooI,ars h,It Sncrata,1, n,Ircan
was, ,,nohio 70 at+a,d and WIS aL-
sa,+ fron, +bo nv ~, y,aco+ion Lr+
ooroad tn sneoI, fo,, tbor9 Of som.
r}7+,I,o J,+o IT, Pa,. Polinsn,,
~, nf Bl.ci| nion1ond hriafIy cd
J.oseod H. assl,,,,bIod ,t,;I,ore a,,d
,,,(rad +l,a,,, ~ s4o,,d l,, tbai,. o,.-
,ro,i1o+;a, ond Jonlaroi tba+ w..
'S2"iIil"d Se'r';-'' i1ho,, -,,oS +ba o,oat bono
SO f'''i1o h,,r,anit,, i'i4 prosido,+ Frars ~
tba Nv, Gas+Ia ionai o1so snol-a
brioflv DracpdiOU President Short
and discpesod The Injunction tba+
t'.iJ nJ hnon , 'se od oaiSt , ,''( ~ 'o
I,('u hars "f +bo Nv, ',i1 CogtIo incoI % ~, ,,r,
bGIa ~ tit +b f,,(, 'y,t ; u
.l,T+'',T '''0l With w, +ho scabs Loinn
;,iSo,+oJ i,,S WY - % flIia ~, ,1Ianas Iai,n
pnptaiI1zi I5,npt1 IC of p1snI- nia,,,o7,d ,ra
-;J.J - 10 ',|+N' "+ +Ll ,,"'4i,, '''-'''"
9S A. r"Soo,Iob " @ i,'Sa,.-1 - sor,o eo mon
boa bnon ;',,+o,,tod i,,,i, 'jN J,,rina. +bo ias+
"a ,,,|u 0 i''pJi aaaI 'JU bos ''l .' et' bso
,,rod,,.od v ~ h,, M 4bo ;r",,o,,iorcoJ ,' st,(i,,.
blooi'or.' ooiI R,,+ ~, t,o ca,,+To,.,, !.
=. Inoa7+od tbo+ tbo b,Nnl,ors ha,'I
oo,, pJI I,@s+ TI@ ''j' Jastntod % i, tbrorrb nc
oCrinotain,, o, ',,, ~ haD5Io tbn ',7acl,i,i
avn ,'pvSoi bio NAV, ,,o,o i,iurad d,,,
~ tLIno 'r', doIS ,e' ,ttol,,,+ '' ~ ara',,
tia,, tHo w a. @ ,,'an i i [ooo,fod 1,'.
So,,n,.oI stU,l finme,.s , j., ~, nffo,,t =.
-,,,oo' oa, ,,,h;la onntbo,, Lo6 W..
II,r u ,oI.o,, a. No., ,,,as ,,ocl,ad
onf nf tbo n,ino on etretcber
connIotaly couornd NV blankats in
diratinG tbat he was either billed
The labor journal. [volume] (Everett, Wash.) 1909-1976, 1921-09-02

the employment guaranteed. Others
are planning to open suit.
The entire town OF Black Dia-
mond marched TO Franklin; every
available automobile, truck and con-
veyance Of any kind was marshalled
out to carry the women and chill
marched in army formation up the
road that leads from Black Dia-
mond to Franklin Most of the
members of the New Castle local
with their families drove over for
the occasion, as did the miners Of
the Cumberland, Bayne and Dur
ham fields, as well as from as lar
away as Burnett, Wilkeson and
Carbonate. The meeting was held
on The old baseball grounds at
Franklin that 30 and 40 years ago
had staged many similar demon
strations under the old knights Of
Labor
Not a single man has broken
ranks at Black Diamond and
Franklin, and not over a half dozen
in the entire field. The morale
of the miners, faced now with
necessity of fighting for the ex-
istence of their organization, is the
strongest that has ever been dis
played by even that great fighting
organization in all of its existence
in the State Of Washington. Steps
are being taken to resist the evic-
tion orders and the miners are de-
tcrmined to fight it out no mat
ter how long it takes on what the
cost may be.
President Short in addressing
them declared the injunction had no
foundation in law and was a usur-
patton of power by the courts,
plainly withheld from the courts in
the constitution. Hd informed
them that it would not be violat-
ing thel obligations as law-abiding
citizens in the slightest by refusing
To recognize the injunction, and ad-
vised that they continue to eXer-
else their constitutional rights in
informing the imported strike
breakers of the real condition of
affairs and persuading them to re-
frain from taking their places.
The hearing on the temporary
restraining order issued against the
New Castle local union and the
District organizations as a whole
viii be heard on Sept. s, in Seattle.
A law passed at the behest of the
State Federation of Labor, in 1919,
similar to the Federal Clayton Act,
lays the foundation for dissolving
the injunction as was shown when
similar action was taken against
the molders union during their
strike last spring, at Seattle Judge
Griffiths Immediately dissolved the
injunction and threw the entire
case out of court, sustaining the
molders union in every contention.
If fair hearing is given the
case Of the miners, the same re-
suit will accrue to them when their
case comes to trial The miners
are being sued for 100000 dam
ages because Of alleged injury and
loss sustained by the Pacific Coast
Coal Company through the ac-
tivity of the miners pickets at New
Castle
The labor journal. [volume] (Everett, Wash.) 1909-1976, 1921-09-02
CERTIFICATE
OF NECESSITY

Olympia, Wash, Aug. S).-Hear-
ings on disputed applications to OPP
crate automobile stage lines under
the Certificate of necessity and
convenience" law are to be held in
Everett, September 2 by the De-
partment of Public Works, accord
ing to the schedule of dates set
by the department. The follow
ing motor transportation lines are
involved: Everett to Bellingham;
Seattle to Bellingham; Edmonds to
Everett; Tulalip to Everett via
Marysville. The hearings will be
held at the Everett Chamber of
Commerce.
The above telegram would lead
the reader to believe that House
Bill No. ia, passed by the legisla-
ture last winter, had become law,
Notwithstanding Referendum Peti-
tion Nc. II, having received more
than enough signatures to have the
measure referred to the people in
1922.
Is It possible that the Governor
will put this law into effect when
Referendum Petition No. II holds
it up until the people pass upon
it. Nobody would be surprised at
anything that the Governor would
do.
The labor journal. [volume] (Everett, Wash.) 1909-1976, 1921-09-02
UNEMPLOYMENT
And Its
Possible Results
(By w. w. SHORTY

"Man never fastened one end of
a chain around the neck of his
brother, that Gods own hand did
not fasten the other end around the
neck of his oppressor." ."-Lamartine
The problem forcing its attention
strongest upon the wage worker
and all other citizens. is that of
unemployment. Starvation is di-
rectly knocking at the door of thou
sands of workers homes and is
threatening that of all others. Ev-
ervone views the coming winter with
grave forbodings. The old timer
predicts the toughest yet expert
enced. The average worker says:
"She looks d. tough" The av-
erage business man says: "Busi-
ness all shot to the dogs" All are
agreed that things are rotten, and
all are praying for a change for
the better What is the cause =?
is a question that naturally arises.
In the first place, there has nat
urally been a falling off in the eX-
port markets due partly to world
establishments but principally to the
unwarranted and eXtortionate rates
of exchange on European money
being extorted from crippled Eu-
rope, and which almost prohibits
her from buying any part of our
surplus production from us. How
ever, this condition alone would
only have reduced to no particular
ly harmful extent employment in
America. 1t is the second reason
that is bringing such disastrous re-
suits to all concerned; it is it that
is bringing stark starvation or the
fear of it to every workers door;
it is the gigantic conspiracy of
large employers of labor supported
by the large moneyed interests of
the nation to starve labor into sub
mission and destroy their organiza-
tions.
Frank Morrison. Secretary of the
American Federation of Labor, hit
the nail on the head a short time
ago when he said in a public state
ment "It's a lockout-you can't
call it anything else; it's a DELHI
crate shutting down of labor to
starve it into submission even il
the country goes to ruin" The
dominant and domineering interests
The labor journal. [volume] (Everett, Wash.) 1909-1976, 1921-09-02
Who Gets the Profits?

Washington, Aug. 27. - Fruit
growers at Hope, Ark, forwarded
Senator Caraway of Arkansas Sc
ries of figures that may answer
the question, Who gets the pro
fits? ?"
One car load of cantaloupes was
sold to Pittsburgh, Pa, for S5S6.20
Freight charges from Hope was
S361.1 drayage, $1731; commits
sion, $58.62; crates, packing and
loading, $187.28; total, $624.37
leaving "a loss of $3S.17 to grower
A car load of cantaloupes was
sold to Chicago for $448.60. Freight
commission and loading charges
totaled $355.97, leaving $92.63 tc
the grower for his expenses, labor
and profit
Thirty bushels of peaches were
sold to st. Louis, Mo-, for $75
Express and commission charges
totaled $5473, leaving S20.27 tC
the grower.
Fifty-nine bushels of beans
peaches and cucumbers were sole
to Topeka, Kan, for 1925. Elk.
press and commission charges were
$3.50, leaving the grower but
$29.30.
The labor journal. [volume] (Everett, Wash.) 1909-1976, 1921-09-02
FORD CUTS AWAY
/. c. c. RED TAPE

Henry Ford is too persistent
as well as pestiferous in we'll do
ing to please the railroad gang.
He cuts through governmental
red-tape with the facility that a
not knife cuts through butter. He
proved this to the satisfaction Of
the Interstate Commerce Com
mission when that body refused
permission to the Detroit, Toledo
d Ironton Railroad to reduce its
freight rates 20 per cent on July
20, because 30 days had not
elapsed since other reductions had
been made. Without the delay of
a day Ford filed schedule max
ing the reduction effective Sep
tember l, which meets all the re-
quirements of regulations and
makes it unnecessary for him to
secure special permission to do
the public a real service.-"La-
bor."
The labor journal. [volume] (Everett, Wash.) 1909-1976, 1921-09-02

of the country have determined to
break-not only the wage stand
ards of the workers-but the labor
organizations that stand in the way
of unbridled exploitation. Normally!
(That weasel word) to them means
the right to exploit the workers
well-being or of that of the nation
as a whole. Money is being with
held from legitimate industry and
enterprise. Large industrial con-
Germs are and have been shutting
down or working part time. Their
purpose is no longer hidden. They
declare openly now that there will
be no revival until labor's wage
standards are smashed, but in al
most each case there is coupled with
the demand for wage reductions the
demand for the open shop-the non
union shop. They know the workers
will not surrender their organiza-
tions voluntarily and starvation is
the plan of campaign to force them
into submission now being so re-
lentlessly pursued.
There is no just reason why
there should be an idle employee OF
a starving family in our great ma
ton. There is an abundance for
all, and the natural needs of tho
nation are sufficient to keep all
normally employed if permitted to
function naturally. Every interest
of the country and its people is be
ing sacrificed in this criminal con
spiracy to destroy the American
Labor Movement and the American
standard of living for the American
workman.
The small business man; the
small employer; the average pro
fessional man or woman, are all
finding themselves almost as much
the victims of this conspiracy as
the wage workers. The demand
for curtailment of public improve
public funds is also part of the
scheme. Every wage worker is q
taxpayer either directly or indi-
rectly. There is no immediate pos
sibility of reducing taxes, but there
is immediate possibility of starving
thousands of workers by stopping
public works and public improve.
ments; hence the demand of big in
terests to relieve unemployment by
continuing or increasing public
works would interfere with THEN
general program. There should be
demand made for the development
of every public improvement that
would provide employment of any
The labor journal. [volume] (Everett, Wash.) 1909-1976, 1921-09-02
TO Be Held at Silver Lake
Monday, September )

Next Monday, September 5, or
gained labor will picnic at Silver
Lake.
The Interurban will take the peo-
pie to the lake every half hour all
day for 25c round trip.
The picnic will be pulled off on
the interurban side of the lake.
There will be full program of
sports, the winners to receive
prizes.
There will be bathing, boating
and dancing. Dancing at the lake
will begin at 2 =. m. and end at
5 p. m. Prizes will be given to the
best lady and gentleman walters.
A prize will be given to the
oldest couple on the grounds.
Substantial prizes will be given
to the men with the largest and
second largest families on the
grounds.
Fifty-yard dash for Boys under
10.
Fifty-yard dash for Girls under
10.
Young Ladies' 75-yard dash.
Young Mems 75-yard dash.
Boys Potato Race
Girls Egg Race.
Boys Shoe Race.
Cigarette Race for Men.
Ladies' Race-75-yard dash.
Mems Race-75-yard dash.
Refreshments can be obtained on
The grounds.
Run out to the lake Monday and
have a good old fashioned picnic.
You will be glad you attended.
Dance in the Evening
Monday night there will be a
grand dance at Fraternal Hall to
the music of Donnelly's orchestra.
The labor journal. [volume] (Everett, Wash.) 1909-1976, 1921-09-02

F. by any constitutional authority to
prohibit or interfere with the en-
actmcnt of any statute by the law
making body Of any country. in
1903 Chief Justice John Marshall
secured by his personal influence
decision by the supreme court Of
the United States that that court
could set aside and hold invalid any
act Of CONGRESS- which majority
Of that court should, at any time,
hold to be in conflict with the con-
stitution of the United States. Such
doctrine had never been advanced
by any court, in any other country
save once in England and then the
parIiment had promptly hanged Chief
Justice TressiIian and eXiled the
balance Of the court for life to
France. The offensc was never re
pcatcd. 1t has never been followed
by the courts in any other country,
though all of them now have written
constitutions except only in Eng
land.
This decision Of the United States
supreme court was rendered in the
case of Marbury VS. Madison by the
influence of Chief Justice Marshall,
bitter personal and political en-
envy of President jefferson, and is
in direct opposition to constitutional
government everywhere which has
never recognized any authority Of
the courts to vitiate Legislation or
to exercise any function in regard
meaning Of the language used by
- -1..4. IL i L.
The labor journal. [volume] (Everett, Wash.) 1909-1976, 1921-09-02
By FRANK MORRISON.
(Secretary American Federation
of I.ahnrl

Vi lLdDOID
Labor Day, 1921, sees the most
! gigantic and widespread lockout of
wage earners in the history of this
country. Approximately 100000
men and women, anxious to labor
are without employment, and at
least 20,000,000 persons, or about
one-fifth of our population, are di-
rectly affected by a tragedy that
we hope may not be intensified the
coming winter.
The failure of a large element of
our citizenship to awaken to this
| grim situation is in contrast to
their attitude whenever a consider
able group of wage earners vol
unfairly suspend work to enforce
better living cnoditions. Then stern
demand is made that Industry
function" All other questions are
subordinated to that of breaking
the strike, regardless of method or
cost.
The causes for present conditions
are associated with every great
war, and are as inevitable as the
laws of mathematics. Wage earn
ers must accept this fact and re-
ject the propaganda of those who
profit by war and whose excuses
for present conditions take every
conceivable form.
Back of the world war were i'm
perialistic and monarchial forces
that are disappointed with the out
come, but their principles still eX-
ist among a comparatively small
but powerful group in every land
including our own. TO make this
group powerless should be the pur-
pose of every patriot.
| have no illusions on the end of
war, but wars can be minimized if
there were no profit in these up
heavals that pauperize the many
and enrich the few.
There is no moral reason why the
government should conscript it's sol
diers and not apply this theory to
dollars and machinery. If the SOL
dier is injured he is given dole.
If he is killed, his dependents are
given a small pension.
The dollar, however, is assured
full return, with every resource of
the nation behind that pledge. Ma
chinery and all the processes of pro-
ductiOn are used with the guaran-
tee that the owners will be given
return equal to their highest prof
its and the plants returned in as
good condition as when comman-
deered.
Agitation to end war or even
we conscript soldiers and permit
profiteers to set their own price
on the governments need in its
hour of distress. 1t should be ma
tional characteristic that the men
who stay at home shall make no
more profit than do the men who
risk their lives on the battle front
If we conscript the flower of our
youth to fill our armies, nothing
should be considered too sacred to
support these armies.
Another after effect of war is the
control of credit by private finan-
ciers. The American Federation of
Labor has declared that credit is
Inherently social and that it
should be a government function,
operated for the benefit of the
people. AS now administered it
permits financial agencies to levy
toll upon the people "as high as
the traffic will bear"
With profit taken out of war,
with dollars and machinery con-
scripted, and with the credit Of the
people taken from private finan-
ciers and administered by the gov
ernment, future wars would be less
attractive to those who increase
their power at the cost of their
coI1ntrv
The labor journal. [volume] (Everett, Wash.) 1909-1976, 1921-09-02
BRITISH WOMEN ON
PLANE WITH MEN

An important step in the direc-
tion of equality between the sexes
has been taken in the British
House of Commons, as a result
Of discussions regarding the ad-
mission of women to positions
in the civil service. A resolu-
tion was unanimously adopted
providing that after transition
al period of three years women
shall be admitted to civil service
in the United Kingdom under the
same conditions and regulations
as govern men.
Women appointed to posts in
the civil service will have the
same status and authority as
men. The question of remunera-
tion as compared with men shall
be reviewed within three years.
Former soldiers are safeguarded
in a provision of the resolution.
81 Iabor."
The labor journal. [volume] (Everett, Wash.) 1909-1976, 1921-09-02
LaborDay,1
BY SAMUEL GOMPERS,
president American Federation
nf u hnn.

of Labor.)
March on Men and women OF
labor, march on!
Garry forward the banner of hui
man freedom and progress.
Carry forward the banner of lib
erty.
Labor day is a day upon which
tor celebrate the growth and prog
ress of our movement, and day
upon which to fix our determina-
tion to continue the struggle.
The organized labor movement is
the protector and defender of the
wage earners of our country. 1t
is the power that stands between
the workers and exploitation by
those who never willingly yield to
the curtailment of autocratic power.
The organized labor movement is
necessary because it is the only
agency through which the wage
earners can secure justice; the only
agency through which they can de-
velop democracy in industry; the
only agency through which they can
bring more of light into their life
and work.
The organized labor movement is
the champion of all wage earners,
fighting their battles everywhere,
striving to promote their interests
on every field. The place of every
wage Garner is within the union of
his trade or calling.
This Labor Day should be the
mark from which all move forward
in a great campaign to bring into
the organizations of labor all who
have not yet joined in our great,
humanitarian, progressive work.
This Labor Day, 1921, should be a
day upon which to begin a great
forward movement of labor. From
this day forward let every man
and woman of labor be a volunteer
organizer, carrying the message of
organization everywhere, flying the
inspiring banner of trade unionism
everywhere, knitting the fabric of
labor everywhere, closing up the
ranks everywhere, bringing solidar-
ity and determination to our move
ment everywhere.
Trade union progress rests upon
organization.
Progress for wage earners, where
ever they may be, rests upon organ
ization.
The unorganized are unheard. The
unorganized are unheeded.
The unorganized are unknown to
the organized powers of greed and
exploitation.
The unorganized are unprotected
from the assaults and injustices of
industrial tyranny.
The unorganized are helpless be-
fore the merciless forces of united
employers seeking to get from la
tor the last ounce of effort in re-
turn for the least possible wage.
The unorganized have no relief
except in organization; no strength
except in unity.
Organize the unorganized.
Unite and federate the organized.
Build for progress, for humanity,
for freedom and for justice.
Build for better world, a noblef
humanity, better concept in in
dustry and fuller, broader oppor-
tunity for all to live and to par
take of the happiness of living.
Begin this Labor Day. Organize
unite, federate.
Now for the five million mark!
The labor journal. [volume] (Everett, Wash.) 1909-1976, 1921-09-02
UNION LABEL CAMPAIGN FORGING AHEAD
Western Dry Goods Company May BE Signed Up For
Use Of Label

The Union Label campaign con-
Quoted by the label department Of
the Washington State Federation
of Labor is well under way A
letter has Just been received from
John j. Manning, of the label de-
partment Of the American Fedora
tion of Labor, informing the Fed
Grafton that $500 has been forward
ed to Portland, Oregon. to assist in
financing a Joint campaign in be-
half of the union label in the
states of Oregon and Washington.
Mrs Gee of the garment workers