davidaulloa/AmericanStories huggingface dataset:
Detroit evening times. (Detroit, Mich) 1921-1958, 1941-03-09
Van Wagner Power
Staked on Spring Ballot

important because if Kennedy
loses there will be two major
consequences:
Governor Van Wagner will
Il lose control of the state ad-
ministrative board and will
thereafter be strsitjacketed by
Republicans.
C-The states system /of high
- way control prQbdbly will
undergo radical changes.
But the campaign Undoubtedly
will be as interesting ms a May
pole dance because neither candi-
date plans to mention the name
of his opponent, each resting his
case on his own record as a road
builder. Campaigns without old
fashioned mud-slinging are very
nice-but very boring.
1t takes words like thief,
liar" traitor and "absconder
to make most voters sit up and
take notice. And even then il is
hard 10 get them excited enough
to 60 to the polls in the Spring.
The candidates, each a COM
petent and experienced highway
engineer, represent two views OF
thought. Kennedy is a state
man.; that is, a commissioner who
views the trunkline highways as
state-owned highways and who be-
lieves they should form a complete
network controlled from Lansing
with county roads serving as
tributaries.
Detroit evening times. (Detroit, Mich) 1921-1958, 1941-03-09
u. 5. Gir|-KiIIs Self
In Mexican Capital

MEXICO CITY. March s.
QNS)-Leaving a note saying u
am tired of life" Florence Helen
0verton. q. of FL Paso. Texas
shot herself last night and died
today in Juarez Hospital.
81 haven't been able tn make
anybody happy. not even myself"
she wrote. I'm tired. I haven't
the courage to face bad luck.
have wished to make you and
mother happy. hut ! haven't
done 80. Forgive me for what
am going to do.
Detroit evening times. (Detroit, Mich) 1921-1958, 1941-03-09
Set
On Mine Scale
International News Service Wire

PITTSBURGH, March Soft
coal producers and union leaders
approached their most potentially
critical negotiations since the
World War today, on their con-
ference table largely resting the
future of national defense.
Representatives of the btu
minous industry and the United
Mine Workers meet separately in
New York on Monday to frame
each sides bargaining points for
new contract effective April !.
On Tuesday the negotiatorS meet
jointly and open their biennial
session which by the months end
will have produced a new contract
governing wages. hours and work.
ing conditions in the Appalachian
soft coal fields for the next two
years-or reached a stalemate
which. barring contract extension
will send thousands of soft coal
miners on a holiday such as
developed in 1939-but this time
with more serious results.
Detroit evening times. (Detroit, Mich) 1921-1958, 1941-03-09
Control of Roads
Main Strug gle
of Campaign
By FRANK MORRIS

Detroit this week will witness
the opening Of a state political
campaign which is quite likely TO
prove the most expensive. the most
important and at the same time
the most undressing in the his
tory of Spring elections.
With standard bearers being
Highway Commissioner G.. Donald
Kennedy and Leroy c. Smith. Re-
publican nominee for that office,
the campaign will prove costly
because both of these gentlemen
are heeled with the stuff required
for well-organized political
battle.
Their contest is exceptionally
Detroit evening times. (Detroit, Mich) 1921-1958, 1941-03-09
Their Share Raised

Smith. who has been Wayne
County road engineer for 70 years,
is a county man. which means
that he views the road system as
an assembly of 70 county units.
He has been especially active in
other years as a representative of
county road commissions in their
constant battle to haul highway
money out of Lansing for local
use.
The counties were getting about
S13.0O0,000 a year when this fight
started. Last year they got $2S,-
500, 900 and this year they are
demanding $33. 100000. a sum that
would leave only S8,000,000 year
in Lansing for new trunkline con-
Struction.
In a way. the battle will repre-
sent a clash between 300 en-
ployes of the state highway de-
partment and a majority of the
S.670 who work for county road
commissions. Commissioner Ken
nedy has the support of some OF
the county workers, but Smith
has most of them. Being up to
their necks in politics, the en-
ployes of both the state and
county systems will be in the
trenches from now until April Z.
Kennedy First
Kennedy was first TO start
through the political woods. He
went flying up US-27 last week
making at least one speech a day
but devoting most of his time to
hand shaking.
He will be In the Upper PENN
Sula this week. He is talking
about the huge construction pro-
gram to be undertaken here as a
defense measure, about the need
for close cooperation with the
Democratic government in Wash
ington, and about the plans he
has prepared for new lake-front
scenic highways in tourist areas
and modern elevated and recessed
thoroughfares in the metropolitan
area.
Smith does not contemplate a
strenuous stamping tour. His first
address will be at Gaylord. Mon
day night. when about $50 COP
officials from Is counties will
gather to get the campaign under
way. He will speak in Battle
Creek. Thursday night. Most of
his campaigning will be by radio.
He has an exceptional radio voice.
Detroit evening times. (Detroit, Mich) 1921-1958, 1941-03-09
II You
Get Up Nights
You Can't Feel Right

~ you have 10 set up or more times a
night your rest Is broken and it's wonder II
YOU feel old and run down before your time.
Functional rather than organic systemic Kid
ney and Bladder troubles soften may be the
cause Of many pains and ymptoms simply be-
cause the Kidneys may be tired and not working
fast enough In filtering and removing irritating
excess acids. polsons and wastes from your blood.
So II you get up nights or suffer from burning.
scanty or frequent passages. leg pains. backaehe.
or swollen ankles due 10 non-organic non
systemic Kidney and Bladder troubles. you'll
make no mistake In trying the prescription called
Cystex. Because Il has given such Joyous. happy
relief in high percentage Of such cases.
Cystex Is sold under guarantee Of money back
on return OF empty package unless completely
satisfactory to YOU Cystex costs only 55e al
druggists and the guarantee protects you.
Detroit evening times. (Detroit, Mich) 1921-1958, 1941-03-09
$3.50 Luck
Grocer Collects on Bills
Tossed Into Fire

SAC CITY, Ia, March 8.-(INS)
-Vern Olson. Sac City grocer.
took home about $3.50 in bills owed
him by customers to check them
over. The bills accidentally were
tossed into a furnace. Luckily for
Olson. however, most of his
debtors had kept duplicate slips.
Others offered to accept Olson's
estimate of their account.
Detroit evening times. (Detroit, Mich) 1921-1958, 1941-03-09
THEY'LL Do II Every Time

CINCINNATI. March s.-INS)
George Hopkins, a 71-year-old
stee. lejack, has painted stacks
and steeples for so years without
the slightest injury. But as he was
Detroit evening times. (Detroit, Mich) 1921-1958, 1941-03-09
OTHER DISEASES
GRADUATE NURSE
In CONSTANT Attendance

Clip and bring-eaai.sas, --helass-AnAf--i ~
entities you "a complete examination. a.
stated above. for 50.
- = = = - - =
D.. Mead, VI. ~. Owner and Mgr.
/, Medical and surgical Clinic
4 1916 broadway. Across from broadway
: Market. Rooms sol -5O3. Tel. CA. 1910.
. Daily: 3 A. NJ. to 8 r. NJ. T-3-e Z
Detroit evening times. (Detroit, Mich) 1921-1958, 1941-03-09

For the Inside News OF
Washington. Follow Paul NAL
Ions Column in the Times.
Detroit evening times. (Detroit, Mich) 1921-1958, 1941-03-09

returning home from painting
Radio Station WINS S60-foot
tower at nearby Mason, he Stun
bled over a brick and fractured
three ribs.
Detroit evening times. (Detroit, Mich) 1921-1958, 1941-03-09
STO MACH
TROUBLES
Liver, Gall 81, oder, Blood and Skin
Disorders and Other Chronic ALL
ments Diagnosed and Treated

We are offering all who suffer. an ex-
animation, including blood pressure test
and a chemical urinaIysis diagnosis. and
explanation of their condition by n careful
phx steal and fIuorosropic
Detroit evening times. (Detroit, Mich) 1921-1958, 1941-03-09
x-RAY EXAMINATION
The MODERN
ULTRA SHORT-WAvE

Often gives results In most cases where
other treatments have failed, including
Sims. Iunbago. neuritis, bronchial catarrh.
common colds, muscular and Joint
plants and other acute chronic diseases
OTHER DISEASES
symptoms and ailments carefully diagnosed
and treated are Aneniia, Asthma. Nerye
Weakness. rheumatism. Also ear. muse,
throat varicase- veins and ulcers, gas
bIoating, dropped stomach and abdominal
pain.
Detroit evening times. (Detroit, Mich) 1921-1958, 1941-03-09

ADVERTISEMENT
Montana oil and mining journal. [volume] (Great Falls, Mont.) 1931-1953, 1941-02-15
White Collar Men

There Is complete exemption fol
employees engaged in bona fide execu-
tive. administrative, professional OF
local retailing capacity, or in the ca
pacity OF outside salesman, as such
terms are defined and delimited by the
Administrator. The Administrator has
said that in order TO claim exemption
under the act, an executive must be
one who has charge Of a plant or a
definite unit Of a plant who custom
arily and regularly directs the work Of
other employees; who has job requir-
ing exercise Of Judgment; who has the
power to hire and fire, or whose rec
concentrations as to hiring or firing are
given particular weight; and who is
compensated for his services on a SAL
airy basis at not less than $50 per week,
and whose hours Of work Of the same
nature as that performed by nonex-
empt employees do not exceed 20 percent
of the number Of hours worked in the
workweek by the nonexempt employees
under his direction The definition Of
an administrative employee who may be
exempt is one who receives at least
5000 per month and who meets other
qualifications which are listed in the
regulations. and in general indicate the
Montana oil and mining journal. [volume] (Great Falls, Mont.) 1931-1953, 1941-02-15
Proper Records

Right here / would like to emphasize
the Importance of keeping accurate
and true records of hours worked and
wages paid as required by the act. You
will see that you must keep a record
which is a true record Of conditions of
employment in order TO protect yourself
against possible employe suits where a
claim is made for more hours Of work
than was actually performed. If you
have accurate, complete records you at
least viii not pay for hours in which
the employed did not work. 1t is also
necessary to have a complete record so
that when an inspection is made by the
Wage and Hour Division, the fact that
you are in compliance with the act may
be easily and quickly established. The
record requirement is part Of the act
and failure to keep records Is included
in the listing Of unlawful acts subject
to the penalties which have Just dis
cussed.
I know that you are primarily inter
ested In the application of the law to
your particular problems In general, I
would say that the Wage and Hour
law does apply to the production and
processing of oil In that most employers
know or have reason to believe thai
Montana oil and mining journal. [volume] (Great Falls, Mont.) 1931-1953, 1941-02-15

70 make any general statement. It Is
question IN any one case whether the
agreement which was made and the
facts tn the case indicate employer
employe relationship or the relationship
Of a contractor for the producer. In any
case 1t would not appear that the con-
tracts for drilling q well, for instance,
made with individuals even though 1t
was claimed the agreement was made
with a partnership would indicated a
bona fide independent contractor ar
rangement. We believe that the courts
viii look through such an arrangement
and find that the individuals or part
ners win be considered as employees OF
the producer. However. our legal coun-
sci states that such matters must be de-
cided on the facts ia the individual
case and depend upon the answers to
q number of questions relating to the
extent Of the control exercised by the
producer over the well drillers and
other matters which would indicate to
the court the actual relationship.
Montana oil and mining journal. [volume] (Great Falls, Mont.) 1931-1953, 1941-02-15
CONTINUED from Page One)

The act provides that records of EN-
ployment should be kept as prescribe
by the Administrator. The Admlnlstra
tor has issued regulations, Part sic, L
which he has indicated the information
which is required as to hours, rates o
pay, wages. etc., of employees covered o
the act. These requirements are yer.
simple. It is required that general In
formation regarding the employe, suci
as Is kept on your Social Security rec
ords. be available It is also required
that there shall be shown on the recorc
the hours worked each day ana eacE
week and the pay received for the TO-
tai hours worked at straight time anc
as a separate figure the additional
amount for overtime, and that is about
all. The Administrator has not required
that the records be kept in any par
ticular form nor that any reports be
made; simply that such information
shall be kept available and that such
records shall be kept for four years.
These are the main provisions OF
the act. For its enforcement and ad-
ministration there was a provision In
the act that the Wage and Hour d.
vision should be established under Civil
Service in the Department OF Labor. /
am here as Regional Director OF Region
XII of the Wage and Hour Division
which embraces the states of Mime
sofa, North and South Dakota and
Montana
I would like to call your attention to
the fact that the requirements OF the
act are in the main very simple ana
that complete compliance with the act
Is not an involved matter. II II Is the
employers desire to come into com
pliance with the act, then all he has
to do is pay at least 80 cents an hour,
TO nav time and a half based on the
regular rate of pay of the employe Tor
hours over 90 in any one week, TO en-
ploy no child labor and to keep ade-
duate records of the conditions ana
facts of employment Those matters are
not difficult. It is only when an at
tempt is made to take an employe out
from under the coverage Of the act tnat
the matter becomes complicated. In the
search for ways and means OF aVolQHg
the requirements of the act various
schemes and devices nave peeh AZ
tempted. In nearly all cases the courts |
nave looked through the device or
scheme and have dug down to the FACTS /
of employment and decision has been
reached on that basis. I would, there
fore. like to advise you that II your en-
ployeS are covered by the act that you
apply the simple minimum wage, over
time. child labor and records provisions
to your establishment and you need not
fear either action by the Wage and
Hour Division or suits by employees.
would like to discuss with you
briefly the question Of coverage under
the act The law provides that the pro-
Of the act will apply to employees
who are engaged in interstate COM
merce or in the production Of goods for
interstate commerce. Our legal counsel
have advised that congress intended
that employees who are necessary to the
production of goods for commerce are
included in coverage under the act.
This means that those Of your en-
ployes, if you are engaged in producing
goods for interstate commerce. such as
watchmen, janitors and office help VINO
Montana oil and mining journal. [volume] (Great Falls, Mont.) 1931-1953, 1941-02-15
Drilling lis Seasonal

] know that many OF the operations
Of your industry IN Montana are sea-
sonal and that some operations can not
! be performed during the cold weather
II your employees are organized and be-
long to 8 union which Is organized as
bona fide. then you may enter into g
contract with them on an annual basis
providing either work for a year OF pay
for a year, and providing q limitation
of 1000 hours of work IN a year, and
thereby be exempt from the overtime
provisions of the act In other words, II
you wish to pay your employees regular
weekly or monthly pay, you may do so
by entering into collective bargaining
agreement with the union, which Is
made in accordance with the require
ments set forth In the act and its re-
lated interpretative bulletins and there
by be exempt from the time and a
half provision Of the act A copy of this
agreement must be forwarded to the
Administrator in Washington. This Is
required in order that the Administra-
tor may assure himself that the re-
quirementS necessary to claim eXemp-
ton because of operating under the
agreement have been met We have an
tnterpretative bulletin, No. 8, which dis
cusseS this type of agreement and
copies viii be furnished to you upon
request.
In closing 1 might say that we In
the northwest part of the country have
the most to gain from the uniform en-
forcement Of the act. We are living IN a
section where comparatively high wages
are paid. We are competing either di-
rectly or indirectly with industries in
other sections of the country which
have been paying from three cents an
hour to fifteen cents an hour for their
labor. This is difficult competition We
have been substituting through the
government employers in other sections
OF the country, many Of whose full
time workers were also on direct relief
because their wage was too small to
sustain them. Also we stand to benefit
from an increase In consumer purchas-
ing power of those families who are in
the lower one-third of our income
groups. The effect Of the Wage and |
Hour law is primarily upon them. |
Those people who have been In many |
cases living on a bare existence wage
and who now receive few dollars more |
FOR their work win spend the money
and In most cases viii |
spend it for products which the north /
west produces They will spend it for |
food, for some clothing, for better
houses, yes, even for gasoline, for those
things which we In this part of the !
country are attempting to sell In great
ar quantities. In general, the increase
IN prosperity of the northwest viii pro- |
mote prosperity in all lines Of business !
Montana oil and mining journal. [volume] (Great Falls, Mont.) 1931-1953, 1941-02-15
Pipeliners

In our opinion, then, the act applies
TO all Of the various clasSifications Of
employees engaged in drilling operations
such as the driller, the tool dresserS
and the roughneck. We also feel that
the pumper, the roustabout and the
gauger are employees engaged In the
production of goods for commerce with
In the meaning of the act. Other en-
ployeS who are engaged in operations
necessary for the production or in in
creaSing the production of the wells
are covered. We feel that employees Of
pipe lines which are used to transport
oil IN interstate commerce are covered
by the act. There is an exemption how
ever, from the overtime provisions
which applies to any employe with re-
spect to whom the Interstate Com
merce Commission has power to estab-
liSh qualifications and maximum hours
of service. Therefore, employees of pipe
lines whose hours are regulated by the
Interstate Commerce Commission are
exempt from the overtime provisions of
this act We feel that the employees en-
gagged in the maintenance and repair
of refinerieS or pipe lines are covered
by the act. We also feel that workers
engaged in the erection of rigs for
the drilling of oil or gas are covered
by the act. The Division has taken no
position as regards employees who are
engaged in the building of a new re-
finery or any facilities for refining oil,
or employees engaged In the conStruc
ton OF a new pipe line.
Montana oil and mining journal. [volume] (Great Falls, Mont.) 1931-1953, 1941-02-15

Russia claims It's new streamIined
locomotives viii speed 10s miles an
hour.
Montana oil and mining journal. [volume] (Great Falls, Mont.) 1931-1953, 1941-02-15
Exemptions

AS I stated before, the complications
OF applying the act arise when an at
tempt is made to apply the exemptions.
There are various exemptions In the
act, some exempting employees from the
overtime provisions, some eXempting
employees from the overtime provisions
for a certain period each year, and
others exempting employees entirely
from both the wage and hour pro-
visions. I would like to call your at
tention to the following types Of ex-
emptions. In case you have particular
problem where these exemptions might
apply, we will be very glad to discuss
the matter with you or have you write
us a letter giving all Of the facts. 1t is
not always possible for us TO give you
a direct and final answer to a letter
inquiring as to the application Of an
exemption because our attorneys say
that 1t is not possible to take a position
upon an ex parte statement Of facts
which means that in any case where
an exemption might apply we should
have the facts established by state
ments from both the employer and the
enDlOve
Montana oil and mining journal. [volume] (Great Falls, Mont.) 1931-1953, 1941-02-15
Explains Wage-HOur
Act to Oil Industry

may not in themselves handle the
product, are nevertheless entitled Il
the benefits Of the act Who Is or who
is not in interstate commerce is some
thing that cannot be definitely defined
4 It is necessary that we follow the de-
cisions of courts in cases that have
been decided in the past. The law does
not give the Administrator the author
ity to say that this establishment Is
( covered or that the other establishment
I IS not covered The question Of whether
/ or not an emplOye is engaged in inter-
state commerce or In producing goods
{ for interstate commerce Is a question
which must be finally decided by the
courts. However, the Wage and Hour
Division has gone much further in Is
suing advice and attempting to define
who is covered by the act than possibly
any other government agency in re-
lation TO any similar act. Our legal
counsel has studied decisions OF the
courts and the legislative history OF the
act in an attempt to determine def
initely the intent Of congress and TO
anticipate, as far as possible, decisions
of the courts The Division has issued
interpretative bulletins and regulations
In which they have attempted to ad-
wise employers and employees OF the
application of the act. These interpre-
tative bulletins and other opinions is
sued by the Division are merely opin-
ions and indicate the direction that the
Administrator viii take in the enforce
ment of the act, but they are not bind
ing upon the courts.
It Is the opinion Of the Division that
the courts viii hold certain types OF
employment as covered by the act.
/. We feel that the employees OF man /
ufacturers, miners and professors OF
goods which enter into interstate COM
merce are covered by the act. This in
cludeS those employees who are neces-
sary to the production of such goods. |
2. We feel that employees OF whole |
salers are covered by the act even |
though the wholesale sales are confined |
10 the state in which the establishment
is located. That Is, we feel that the
of goods produced outside
Of the state is a part OF interstate
commerce
3. We feel that employees engaged In
industries such as rail-
-oads, radio, telephone and telegraph
ire entitled TO the benefits OF the act.
4. We feel that the employees engaged
n the maintenance and repair OF high
ways, railroads, rivers, communication
ines and pipe lines are entitled TO the
benefits of the act.
5. We feel that employees Of banks
md OF like institutions are engaged in
Interstate commerce and entitled to the
,enefits of the act
Montana oil and mining journal. [volume] (Great Falls, Mont.) 1931-1953, 1941-02-15

including the oil industry. feel that Il
Is essential for all Of us 70 appreciate
the intent, the purpose and the effect
Of the Wage and Hour law and to SUD
port its uniform enforcement over the
entire country.
Thank you.