davidaulloa/AmericanStories huggingface dataset:
Evening star., 1947-02-24

The illness of DR.. Hans Kinder,
announced by j. e. Mulch, the
orchestra's manager before the con-
cert began, gave the directing of the
National Symphony to Howard
Mitchell for yesterdays program.
He, in turn. relinquished the baton
to Joseph Wagner for the conduct
ing OF the first local performance
of Mr.. Wagner's Festival Process
sions." With another local premiere
featured, that Of Robert Russell
Benefits Overture to an Imagi-
nary Drama" and the appearance
of Eugene List as soloist in the
Shostakovich piano Concerto" ,"
the Sunday afternoon concert was
filled more than usually with in
terest.
There was also a larger than
average audience to hear Mr.. List,
who has been before the public eye
recently in various. ways and has
played here several times before.
The Shostakovich concerto gave
him many opportunities to show
his mettle both as musician and
as a brilliant technician. Further
more, he evidenced his good taste
in considering 1t with as much care
for musical performance as
though 1t made such demands upon
him. In general 1t is banal work
although taxing enough from a
technical standpoint. 1t has no
grace in thought or construction and
in lighter portions suggests Pro-
kofieff, but in less charming fashion.
Plenty of animation is put into
the first and final movements for
which Russian themes are chosen.
These could have received greater
emphasis both from Mr.. List and
| the orchestra and would have placed
more definite character on the
concerto. AS it was, what should
have been sprightly was so In tempo
only. The Lento Is unimaginative
and the Moderate redeemed by the
trumpet solo excellently played by
Lloyd Geisler. The Concerto has
vigor and elan which offers Diff
culties met by Mr.. List with skill.
The rousing finale released a storm
of applause that was carried over,
after Mr.. List has responded sew
eral times, to Mr. Mitchell and Mr..
Geisler.
In his directing Mr.. Mitchell had
both plan and authority. He bal
anced the orchestra well IN the &C
compartment of the concerto and
showed initiative in the reading OF
Moussorgsky's Night on Bald
Mountain" and LISTS lies Prel-
udes." In the latter, the orchestral
tone was rich and sonorous.
Mr.. Wagners familiarity with
conducting gave special zest to the
performance of his Festival Process
sions." His adroitness in combining
the spectacular possibilities OF his
subject produces a work OF fellcitous
craftsmanship, of glittering colors
and of skilled orchestral pictorial
ton. The ceremonious and the riot
GUS are threaded together in kalei-
doscopic pattern of rich tones with
fine comprehension of the juxtapost-
ton of effects. It is brilliant and in
ventive writing that has the polish
of the expert. Mr.. Wagner directed
it with fire which communicated
itself to the audience. He was re-
called again and again with unabat-
ing enthusiasm.
Argentine -Pianists Perform.
In the Hall of the Americas In
the Pan American Union the dis
tinguished Argentinian -pianists
lila and John Monies, were pre-
sented in recital under the patron.
age of the Ambassador of Argentina
Evening star., 1947-02-24
HELP WOMEN.

ALTERATION HANDS for women's dresses
and /. suits; e., 5-day wk. GARFlNck55ias'
ALTERarIoN + II; 4: IN opERAToRs-5-day, 20
WooDWARD & LoTHRoP, S:3o-6 daily.
ARTISTS, experienced in fashions and
day week, 20 per cent discount on all
dept. eoLpENBERd's. IN and K sts.
ASSISTANT MANAGER-capable, knowl-
son: Give details, backeround, age, etc.
fI1 BANK 'yBs; BookkEEEprNG MACHINE opera;
ADDs R oatt uNioN Tags4
BaSh Ban lssh sTESoGkAPHEksopeningsfoP saa IpT for p
Apply. Mr.. offutt, UNION TRUST CO., 18TH
BEaHrIeiAN saa III nY for downtown shop, with }o
sTUpIo STUD OF HAZE pEsIeSiNG. Washing @
BEAUTTcfAN BN HcI SpYgE EXPERT. all around. Sal
aTy asek plus E. c9mm,ssion aaga 9 to g. 6h9dsa'
BEAUTiCiANs. must be experienced, all
aN1 around operators g With following greferred
BEAUTICIAN-Must be 1st class or do
ziso Is ae epsrator 'is for Wed, d Fl and sat
BEAUTY OPERATORS (2l-Salary plus
good commission; HEADS, 1928 Conn.
EEa4Y TseD6GIKsR D6pKRRFoR RE RSl1 snlcur,.t and
shampoo girl for high class clientele; 5-
day week. PAUL 81 VINCENT, 1928 M st.
BookkRPREgER kRRPEgE L Pnssdsa in auditing DEBT.
good wages to experienced person. Apply
manager EBBrrr HOTEL 1000 Il @a4 ST. a"'
BoOKKEEPER-clerk and typist, perm. po-
sition, with oil destablished automobile
Arm: unusual opportunity for person with
ability. Address Box TOM. Star. giving
qualifications, exp. and telephone number.
-25
BOoKKEEPER, assistant accounts Isceiv-
able; newspaper office: knowledge OF typ
ing necessary; 5Ia-day week starting SAL
ary, S162 mo-; advancement. co. 1900.
BOOKKEEPER, must be thoroughly exper.
in detail work double entry, payroll, gem
eraI ledger and payroll taxes; ia-day wk.:
good salary to the right person. Boz
BoOKKEEPER, experienced. This is
permanent and interesting position with
good opportunity for advancement in old
established organization; must be typist
and capable Of taking full charge Of all
bookkeeping and collections; 5-day week.
Apply NORTHWESTERN NATIONAL M
sURANCE CO. 400 woodward Bldg. -29
TSnrx
Evening star., 1947-02-24

ALTERATION HANDS for women's dresses
F ST. at 14th. -2S
ALTERATION oPERATORs-5-day, 40
hr. week. Apply employment ONCE, 9th a.,
Evening star., 1947-02-24
HELP MEN and WOMEN,

BooKKEEPER, th0roughly exp in double
ance and tax returns. Apply MR.. WILL
LIAMS, bet. and pm, 812 st. NV.
JUNIOR BACTERIoLoGIsT, experienced
in public health lab. work preferred;
must know typine. Apply "A pm. ALEX
MAN AND WIFE, over 40, no children:
for farming nearby Md; wife to do g.h:w.;
manent Job and good salary with furn.
house Apply 1921 7th st. NV. Phone
MA. Oslo. -25
MARRIED COUPLE. employed husband.
energetic wife, manage new rooming house
Just opening in WASHINGTON; furnished
Evening star., 1947-02-24

conducted the National Symphony
in a concert in the same hall some
FIVE years ago, Jose Maria Castro has
a light and graceful style that is
finished In production.
The two piano arrangements that
formed the latter half of the pro-
gram consisted Of works by Felipe
Boero, Carlos Lopez Buchardo, Al
berto Williams, Constantine Cato,
Julian Aguirre, and Carlos Guastav-
ino. These composers are represent
ative of the development of the
writing talent in Argentina from the
great Alberto Williams to the
younger Guastavino and the oppor-
tunity to hear examples of their
style was a welcome one. The con-
cluding number was Milhaud's
"Scaramouche."
Evening star., 1947-02-24
CLASSIFIED AD RATES

| AONaA
Three Lines (Minimum)
l time - Bic per line
IL times Sic
3 to times consec-
| utlvely 29c
II times or longer
conSecutively - 26c
Advertisements under Personal
and Special Notices SC per line
additional.
OUT-OF-TOWN RATE
Four Lines (Minimum)
Flat rate per line 45c
Out-of Town Rate is charged
ON all advertising Is miles or
more from Washington.
Claims for errors must be made
in time for correction before
second insertion.
When canceling classified ad-
vertisements be sure to make
note of the cancellation num-
Der. This is important in case
your statement does not show
credit for the cancellation.
If advertisement was prepaid,
retain cash register receipt,
which bears a serial number,
with date, and Identifies your
advertisement.
lost and Found Advertise
ments appear on Page AS.
Evening star., 1947-02-24
AGENTS.
FITTING PAR

CORSET FITTING PARLOR in your home.
Free training sales cooperation by So
table repeat business. Address mgr,
Suite 709, 10l5 Chestnut st., Phila. z, Pa.
Evening star., 1947-02-24

| and many other skills. Qualified Army,
Navy Marine or coast @ duard veterans snsc;a Wno
ties for months or more may now enlist
in the new Regular Army at grade de-
oc occupa tional specially Service. New high
Army pay and the opportunities for ad-
vancement make an Army career more at,
find out the special grade you will receive
under this new War Department regulation
ARPRly ss tae aea u ofb s ARMY st RECRUITING
MEN WANTED for steady work at good
pay as streetcar and bus operators; aver.
weekly earnings. $50; no experience neces-
sary; all training paid for; opportunity for
ton, free transportation. Apply in person
GsskoeyA Gss cAPh TANsT Ea M
Rss 6ssyn SlaS Rouee e. e Cabin joha Roue
Friendship Heights streetcar to door
MESSENGER, white boy, Is or 16 ,or to work
ments, insurance, and other employment
so4 Star Buiidins, The EVENING STAR,
NIGHF h9i "a cLEsk, aHs for small hotel; man. So
erences. Apply AsToR HOTEL, 1926
Nc NTGHT TN MAN colored o must understand
stokers and switchboard: hours II p m; to
7 am. Call resident manager. Wo. 6970.
OFFSET PRESS |,lats oREEAroR Or eSperieScsd Y sd
Davidson or multiiith. Call MA. 3lol'
PARTS # MANAGER 1. fpE new noos gMG t5qsk co
pRx oPERaro s AsS ksi va o4 oH nF work.
time for or studies Il student ( Cali Ho 300.
PHARMACIST, excellent salary; oS yOnasTful Selr.
CAMPBELL DRUG STORE 47ao 18th
PPiHEoToGRApHER, best location in Sc,
near Navy Yard and Marine Barracks. for
pictures while ,.a you Tait, on percentase
ton County. cH. O353 and CHI 1920. "a
ply McREYNoLDs sUPERMARKET, 1897
sas Mss ssss sDay h2pf % Sc work ssds S s
PROFESSIONAL ENGINEERS-Mechani
and electrical engineers, experienced de-
signing steam and electrical power plant
atiiities i Plants Textile I'll experience desirable
Structural aiTU m 't steel and reinforced concrete
installa ish a lions s." and structures We have
tSqae h9mss foE Eecs9s nsT H1cbseeps fmp0sss ssd
Engineers, established 1916, New Hayen.
sARse is&Ssor sss:s NAs 9as gIozsf aiSs
RADIO SERyICEMAN for. outside and in
side service: very good salary, good hours,
opportunity for advancement. Apply Mr.
Halle, LACY'S. INC. 500 st. NV. -25
REAL ESTATE SALESMEN--,We have open
ings for statesmen to sell homes in ne.
and Sc, also Petworth area. Good oppor-
tunity for thrifty worker. MARSHAL J.
WAPLE CO, 1924 14th St NV. D1. 3346.
REFRIGERATION INSTRUCTORS-Loca
Washington school: 500 weekly, 50-hour
week: must have sfiye years experience.
Write Box 430-D. Star.
SALESMAN, with car, for wholesale house;
appliances. housewares and other fast
moving items. GENERAL DISTRIBUTORS,
92g Eve ST. NV. ID
sALEsMAN-Position of security and fu-
ture TO sales-minded man with car, exper.
selling to grccers; S45 wkly.. plus comm
employees benefits. raises after month s
familiarity of our broad wholesale line
Replies held confidential; write fully. Box
T4-M. Star. -2b
SALESMAN, clothing: must be exper. in
selling better quality clothes or sports.
wear: splendid opportunity in one OF
Americas prominent mems stores. Apply
once. THE YOUNG MEMS SHOP. 1919
y st. .v. 10
Evening star., 1947-02-24

Classified Advertising is
the outward and visible sign
of reader confidence and re-
sponSe. The Star prints
each week a larger number
of Classified Advertisements
than all other Washington
newspapers combined and
on Sunday, the big day in
Classified Advertising, double
that of its Sunday competi-
tors combined.
Evening star., 1947-02-09
that any plaintiff comes from that
department.
From the south clock.
PRELIMINARY ACTIVITIES.

Note: No department Is 3 minut
rom the time clock.
Evening star., 1947-02-09
I THE MODE Important Mems Corner

(See OPINION, page A-7D
Evening star., 1947-02-09

to / 500 feet, under bad walking con-
ditions, which would take them from
zero to a maximum OF IL minutes.
The court held that between the
| time they got the work train and the
time they reached the actual point
where they do work Is so short that
the issue is insignificant, and ac-
lcordingly we shall. not allow 1t as
work time"
This, of course, was walking one
way, making at least 24<minutes
daily which was "de minimis."
Bendix Case Cited
In Short Periods.
In Cameron Us. Bendix Aviation
Corp, IS F. Supp. $40, where plain
|tiffs were seeking to recover for time
waiting in line to punch the clock,
the court held that periods ranging
from fraction of minute to 212 or
|3 minutes time did not constitute
considerable" periods of time within
the meaning Of the administrators
ruling, employment" within the in
tent Of the act. This was de min
imis.
In Buslow VS.. Connor Lumber &
Land Co.. II Labor Cases, par. s.,
|220, the court held that minutes
spent by an employe in preparatory
activities prior to starting time could
not be recovered since the amount
involved was insignificant" This
case used the words "de minimis."
In 1944-1945 Wage and Hour Man
ual at page 1893. in response to an
inquiry, the Public Contracts Admin
istrator, who is also administrator of
the Wage and Hour Act, held that a
period of some 3 to 10 minutes to
permit the employe to get from the
time clock to his place of work would
not be regarded as working time
under the act. Thus, 20 to 40 min
utes a day, if counted four ways,
would be de minimis.
From the CIO (amicus c,lriae)
on behalf Of plaintiffs, came a ref
erence to the Wage and Hour
Manual 1944-1945, at page 242,
Wkl1SAA 4ACAeA t41dU t1lC CAAAjAOJCl COulQ
not deduct a 15-minute lunch per-
iod because the time consumed was
''too short to utilize effectively in
the employees own interest and is
more akin to a waiting period or
short rest period"
This is not in point unless we
must consider it as "de minimis in
reverse" and Is therefore against
plaintiffs.
Ulle v. Diamond Alkan Co., cited
by plaintiffs and found In 8 WFIR
104S, is not in point since this was
decree entered by consent of the
parties covering portal-to-portal.
De Minimis Not Involved
In Coal Miners Case.
In 2 CCH Labor Law Reports,
0-4. 33080, there is an opinion of
the solicitors Office of the Depart
ment of Labor, addressed to the
National War Labor Board, and
cited by the CIO (amicus curiae)
which merely held that miners
should be compensated for travel
from the rim of the mine to their
actual working place. The question
of de minimis is not involved.
Before the Supreme Court in this
Evening star., 1947-02-09


BY Supreme Court.
On the other hand, defendant,
while contending that 'portal-to-
portal" was not properly before the
Supreme Court, consumed several
pages in its brief denying applica-
bility of the Tennessee and Jewell
Ridge cases and citing many in
ferior courts on similar fact situa-
tions. But here again we f1nd' de-
fendant emphasizing that:
ut took a minimum of twelve to
fifteen minutes to get the workers
into the plant"
It must therefore be apparent
that If the portal-to-portal ques-
= ton is now in this case it was not
injected nor inserted therein by the
Supreme Court.
It's here because defendant COM
Evening star., 1947-02-09

"Q) That at the rate Of miles
per hour q man walks 2.93 feet per
second or 176 feet every minute.
go That at the rate of 2h miles
per hour a man walks 1857 feet per
second or 220 feet every minute.
"(3) That at the rate of miles
per hour a man walks a. feet per
second or 264 feet per minute.
go That at the rate of miles
per hour a man walks 5.86 feet per
second or 352 feet per minute.
"(5) That the following table in
dicates the distances in feet from
time clocks to the several depart
ments in this particular plant:
Evening star., 1947-02-09

activities" which throughout the
opinion Is always divorced from
walking time" II the Supreme
Court meant to include walking
from" the job as walking time.
wouldn't it have said so?
That is the first point.
The second is that the Supreme
Court (page eight slip opinion) re-
fers to walking time" as being COM
pensable when it bore no relation
whatever" to the convenience and
necessity" of the employees and was
pursued necessarily and primarily
for the benefit Of the employer and
his business"
1t is elementary to this court that
one who is on his way to his own
lunch in cafeteria set apart for
him by his employer, or outdoors, is
walking there for his own 'conven-
fence and necessity" and not "nec-
essarily and primarily for the bene-
fit of the employer and his business"
The cafeteria affords him an op-
portunity to eat his meals amid
clean and comfortable surround
ings. Here he gets away from his
work. Here he meets with his fell
low employees and talks about sports
of the season, fishing, hunting, foot
ball, baseball. and some of their own
common pleasures.
A cafeteria in a plant that size
could not be located in every de-
partment. 1t had to be in one CEN
trail place. And while it undoubted-
ly helped the employer by increas-
ing productivity, it was just as i'm
portant, If not more so. to these
workmen as individuals, since these
employees were on piecework. The
lunch hour provided them relaxa-
ton, and an opportunity to make
more money when they returned to
their jobs.
Can we then say that the walk
ing time at noon, under these cir
cumstances bore no relation what
eyer' to "the employees, convenience
and necessity? Can we by any stretch
of reasoning say that when an en-
ploye eats his lunch he does so
necessarily and primarily for the
benefit of his employer" We think
not. Such reasoning is specious and
deceptively beautiful.
And since only walking time"
for the convenience or necessity Of
the employer and necessarily and
primarily for the benefit Of the en-
ployer" was specified as the kind Of
walking time to be computed as
working time, what more clarifying
statement from the Supreme Court
to eliminate the noon hour walking
time can this court receive?
Hazards to Miners Offers
Different Picture.
Plaintiffs contend that the Ten
nessee Coal and Jewell Ridge cases
govern the case at bar. Well, :let us
analyze those cases even though the
court has never subscribed ito the
thought that either of them has very
much in common on the facts with
this case. Miners going down mine
shaft, jumping into a transport We
hicle where at times some turned
their ankles and others broke their
legs: crouching down so as to avoid
(See OPINION, Page A-7)
Evening star., 1947-02-09

The impracticability Of determin-
ing the distance to each work bench
being apparent to all parties, this
court informed counsel that from
the above stipulation S he would
select the mean distance" as the
point in each department to which
walking time would be computed.
The mean distance was explained on
the record to be not "as the crow
flies" but as the halfway point
along the routes taken by the en-
ployees in going to their work
benches.
Plaintiff Witnesses Unbelievable
at Times.
AS we anticipated, the testimony
on how long it would take a person
walking at an ordinary rate along
the most direct route from time
clock to work BENCH" was at great
variance, and at times plaintiff wit
nesses were unbelievable. One plain
tiff witness said she would walk 1916
feet per minute, which is .83 miles
per hour. Defendants witnesses said
they walked through the plant at
between 282 and 800 feet per minute.
Plaintiffs witnesses, in an obvious
effort to build up walking time,' -
discovered much impedimenta and
many difficulties in the paths that
they had to take although there
was no hint of such impedimenta or
difficulties when plaintiffs were
testifying in the original suit. Their
entire testimony was very unsatis-
factory and made little impression
upon this court.
If the plaintiffs witnesses were
telling the truth, they went to work
each day under the most adverse
conditions possible. In truth no
obstacle race could have had more
hazards, one witness saying that
boxes were strung all along the
entire 500 feet she had to walk. On
the other hand, defendant in the
main also reversed its field, and
took a much smaller figure in COM
putting walking time than it did in
1943.
After hearing the testimony, and
both parties having consented that
this court might utilize its knowl-
edge of the plant itself, we arrived
at the conclusion that with due con-
sideration to intermittent presence
of any trucks, or train of trucks, or
the coming and going of other en-
ployes, rate of $50 feet PEP minute
from the south clock, and 275 feet
per minute from the north clock
under travel conditions usually ex-
isting in that plant, would be fair.
On that basis the time taken to
travel from time clocks to the sew
eral departments is as follows:
From north clock.
Evening star., 1947-02-09

Here again We found the evidence
most conflicting, and it is our con-
clusion that when plaintiffs. testify
ing in the hearings before the
master four years ago, stated that
the time necessary for preliminary
activities was practically nil, they
were much nearer the truth than
they were at our recent hearing.
From the evidence we find that:
(a) Putting on aprons and over
alls, which was the custom of about
five-twentieths of the employees, con-
sumed less than half a minute a
day. This was voluntary, and for
the benefit and comfort of the en-
ploye himself.
(b) Removing shirts varied with
the weather, was also voluntary, and
would consume only few seconds.
(c) There was no taping of arms,
except by one woman who had met
with some kind of an accident. Some
put a piece of tape between the
thumbs and the foreflnger, probably
five seconds, and this was also
voluntary. ........ s.
I'd Only few who were in the
small dipper department creased
their arms; that this was voluntary
and consumed about 80 seconds a
day.
(E) Putting on finger cots and
taking them off, each twice, would
take about l minute;
(F) Putting on gloves and taking
them off would take less than a
minute, but this was confined to a
comparative few in one or two de-
partments, and those who put on
finger cots did not put on gloves.
Preparing Equipment
For Productive Work.
(G) The only preparing of equip
ment for productive work was TAX
ing off the water that had accu-
mulated on and stirring the glaze.
It took time not to exceed 2 min
utes at the start of the workday
and the evidence, we believe, indi-
Gates that this was done after start
ing hour. In addition it was part
of the job and was considered in
the rate of pay at which this par
ticular function was compensated;
CID Turning on light and ma
chinery switches was practically nil
in time consumed, or 2 seconds;
and that opening windows was not
done by anybody but the foreman;
Cd There is no evidence that
these employees had to assemble and
sharpen their tools;
CD The scraping of the block con-
sumed minute or so and that this
was repeated throughout the day
the man was working. But this
was part of that particular en-
ploye's job since it was repeated
time and again during his work
hours, as clay might gather on the
block. It was all considered in his
rate of pay;
(K) Taking off clay from the jig
ger machine was another part of
the job that took less than minute,
and was repeated throughout the
day;
CD In the slip house department
where the men had to change
clothes that 5 minutes a day should
be allowed since the evidence proved
that this had to be done before
starting on the employees own time,
but not after work-then he changed
on the company time. This particu-
lar group did not go out to lunch,
we're paid for the full half hour, and
walking time plus preliminary activ-
tiles here amounted to 968 minutes
per day;
(M) There was no cleaning up
performed by plaintiffs after work.
ing hours. In fact, the cards indi-
cate that the employees in many in
stances we're at the time clock
within three or four minutes Of the
Evening star., 1947-02-09

pany oversold it's defense before the
master four years ago in explaining
why its employees reported IA min
utes before starting hours. This
was quickly taken advantage Of by
plaintiffs in the interim between
the Court of Appeals and the Su-
preme Court.
In fact when the Supreme Court
held that this court was wrong in
granting overtime for what we be-
lieved was real production labor, it
found itself in the position where it
must in all fairness at least inquire
into the extent of walking time and
preliminary activities to which de-
fendant company was apparently
admittedly subje:ting its employees,
and which seemingly reached the
proportion of Is to 80 minutes each
day,