Trainmen Who Go on Strike Will Lose Jobs The Omaha Daily Bee Part One NEWS SECTION PAGES 1 TO 10. THE WEATHER FAIR VOL. XLVI. NO. 69. OMAHA, THURSDAY MORNING, AUGUST 31, 1916. TWENTY-FOUR PAGES. SlI.'.uV.S"'?;: SINGLE COPY TWO CENTS. RAIL EMPLOYES WHO WALK OUT WILL BE FIRED President of Santa Fe Says Trainmen Who Strike Will Be Discharged From Employ. Judge Sears Issues Order to Restrain Conductors Strike; President Asks that Strike Order Be Recalled at Once; Railroads Put Embargo on Shipments of All Freight CALIFORNIA WOMAN CANDIDATE FOR FEDERAL OFFICE Mr. Joiephine Marshall Fernand it the demo crat candidate for congress to represent the Fourth district, opposing the incumbent, Congressman Julius Kahn. PLACES WILL BE VACANT To Forfeit All Seniority atd 1 Other Sights and Privi leges Now Held. TAKEN ON AS NEW MEN ' Chicago. Aug. 30. President E. P. Ripley of the Atchison, Topeka & Santa Fe this afternoon issued a statement to employes of the road no tifying them that the positions of those who fail to report for work next Monday will be declared vacant and that employment of new men will be permanent, barring ill-behavior. Mr. Ripley's statement to employes of the Santa Fe it is said, will be fol lowed in substance by presidents of other'roads. It says: "All Employes: You are notified that the Brotherhoods of Engineers, Firemen, Conductors and Trainmen propose to leave the employ of the company in a body. To the extent that this is carried out it will auto matically throw out of employment persons connected with the company in other departments. It is. therefore, important that a full understanding of the -conditions be set forth at the outset. You are advised, therefore, that: "1. All employes employed by the company failing to respond to the call for duty will be considered as having been discharged and will be re-employed only as new men. forfeiting all seniority and other rights and priviU eges. 2. New men taken in by the com pany will be retained so long as their services are satisfactory. "3. Men remaining in the employ of the company will be given the prefer ence of positions, other things being equal. "4. Those who may be temporarily thrown out of employment thrdugh no fault of their own will,be consid ered ai absent on vacation without pay and will no! forfeit any .pension or insurance rights." The presidents made the trip from Washington to Chicago on a special train. Those in the party included E. P. Ripley, president of the Atchison. Topeka & Santa Fe; A. J. Earling, president of the Chicago. Milwaukee & St. Paul; Louis W. Hill, president of the Great Northern; R. H. Aishton, president of the Chicago & North western; H. R. Curry, president of the Monon, and W. G. Baird, presi dent of the. Chicago & Alton. "We have no reason to believe oth erwise than that the brotherhoods will make good their threat to strike on Labor day," said Mr. Aishton. X J T - 1 , inr. ivipiey, representing ntmseir and the others, made a statement to the public warning prospective trav elers that delays might be expected and notifying shippers of the freight embargo. "It will be the purpose of the com pany," says the statement, "so far as is in its power, to provide such trans portation as is necessary for the health and subsistence of the com munities dependent upon it, to move at least one train each way daily for the transportation of passengers, mail and express. Strike of Freight Handlers Averted Chicago, Aug. 30. A general strike of 6,000 freight handlers, affecting practically every railroad in Chicago, set for today, was averted this after noon when the Chicago, Rock Island & Pacific railroad agreed to the de mands ofthe unioe for permission to collect dues on company property, the point at issue. The Weather For Nebraska Fair. .8 p. ni , Comparative Ijoral Record. 1916. 191. . 1 9.T 4. 1113. IliftKil yesterday . Lowest yeatrday . .lira it temperature . rroclHiatlnn 'Jiiipralur and .13 6.1 70 04 .01 .00 precipitation, dpar- lur from the normal; .orim) tumpsraturA 3 Jjprirlency for the day 1 '.o al pxceea ittncf March 1 3.51 Normal iiwlpttarjon , . .. 10 inch Ikfii'iery for the day 01 Inch To'nl rainfall ulni-fl March 1....J1.42 Inrhra lcficirn,y atnee March 1 10. at Inch'a r.xcesM for cor, period. H16.... 0.J Inrhca lJricin.-y for cnr. period. 1914.. 6.B1 Inrhca Report from -Htatlon at 7. P. M. Station and gtia Tfm. Hiffh- Rain of WealhM". 7 p. m. Chynnt cloudy fi I 'a vcdport, clar AO .jeuvr, cloudy , it Dm Molnea, part cloudy K0 Tiodf City, cloudy "ft Landtf part cloudy .... "0 North Platte, cloudy .... "A Omaha, cloudy T eat. fall. .11 f'uflblo. part cloudy .... Pa it Lak clear II Sam a Fa, clear II ftherldan. part cloudy . . 7 IMoui City, cloudy .... 7 71 7t , Valentine, cloudy T4 U A. WELSH, Local Forecaittr. I . m 9 4 pi ni j MRS JOSEPHINE PIARSHALL- FERNAND. BULGARIAN TROOPS CAPTURE DRAMA Greek City and' Three Forts Seventy-Five 'Miles' North -,' east of SalonM TaVen. FIGHTING IN MACEDONIA ' Paris, Aug. 30. The city of Drama, in northeastern Greece, has been seized by the.Bulgarians after a battle with the Greek garrison, telegraphs the Athens correspondent of the Ma tin. The dispatch says that the Bulgar ians captured three torts and took prisoners the Greek .garrison of 120 men, and that a number of soldiers were killed. ""This news is confirmed, the correspondent adds, by refugees who have reached Athens. Seveoe fighting is in progress on the Macedonian front. The war of fice report of today says the French gained ground west of the Vardar. river. Bulgarian attacks west of Lake Ostrovo were repulsed by the Ser bians. The entente allies bombarded Bul garian positions on the Struma front and near Lake jJoiran: Violent ar tillery fighting continued in the re gion of Ostrovo and Petrenik. Drama-is one of the principal towns in northeastern Greece, seventy-five miles northeast of Satontki, in the dis trict cast of the Struma river, which the Bulgarians have been occupying for the last fortnight. There have been other reports of fighting be tween Greeks and Bulgarians, but the j French war office on Friday last stated the Greek garrisons at Kavala and Drama were still in possession of the towns and had not been attacked. It was announced at Athens last week that Germany and Bulgaria had given a written understanding to Greece that their troops would not enter Ka vala, Drama or Seres. Minneapolis Mills ; Will Close Soon as j Strike is Started . i Minneapolis, Aug. 30. Every flour mill in Minneapolis will be closed thirty minutes after the order for a j nation-wide railroad strike becomes effective, according to an announce ment today by the Washburn-Crosby company. "All the mills in the city are filled to capacity and with no available stor age space and no way to move the ! output, it will be necessary to discon-; tinue operation immediately the i strike order becomes effective, said ! an official of the company. Coast Artillery Troops on Border Duty Ordered Home! Washington, Aug. 30. Twenty-! eight companies of coast artillery troops, approximately 6,000 men, now on border duty as provisional mfantry i units attached to the mobile army. I were ordered back today to their posts in the tastern ami western de partments. More than 10,000 addi tional national guardsmen, ordered to the border recently, will take the place of the artillery troops. j MM WEST ROADS FACE STRIKE OF SHOPMEN Twenty-Two Lines Threatened ; With Possible Walkout of JUf t-. IMr Employes-- ; TAKE BALLOT VERY SOON St. Louis, Mol, Aug. 30. Twenty two large western railroads, 'it was learned here today, are facing a pos sible strike of shop employes. Men in the mechanical departments are preparing to take a strike ballot Sep tember 9 if negotiations fail for a wage increase of 5 cents an hour and an eight-hour day. Among the roads affected are the Wabash, Missouri Pacific, Iron Moun tain, Missouri, Kansas & Texas; St. Louis & San Francisco, and the St. Louis Southwestern, all of which have their general offices here. Brotherhoods Say Clayton Law Bars Court Injunction Washington, Aug. 30. The injunc tion issued in Omaha, which probably is the forerunner of others, brings up squarely for the first time in a labor dispute the effect of the Clay ton anti-injunction law. Brotherhood leaders sav injunctions are in direct violation of the law. Its constitutionality never has been test ed, but the present crisis may bring one about. The section which the labor lead ers say protects them from injunction against calling or enforcing a strike follows: "No restraining order or injunction shall prohibit any person or persons, whether singly or in concert, from terminating any relation of employ ment, or from ceasing to perform any work or labor, or from recom mending, advising or persuading oth ers by peaceful means so to do or from peacefully persuading any per son to work or to abstain from work ing, or from ceasing to patronize or to employ any party to .such dispute, or from recommending, advising or persuading others by peaceful and lawful means so to do. or from pay ing or giving to or withholding from any person engaged in such dispute any strike benefits or othermoneys or things of value nor shall any of the acts specified in this para graph be considered or held to be vio lations of any law of the United States." The heads of the brotherhoods say any court order directed against them with a view to. preventing a. strike would be ineffective for the reason that the strike order has passed from their hands and they have not the power to recall it. ' Hiram W, Johnson Named for Senator San Francisco, Cal., Aug. 30. "We have done the impossible politically," said a statement issued here today by Governor Hiram W. Johnson, claim ing victory over Willis H. Booth of Los Angeles for the republican nomi nation for United States senator. The governor's supporters estimated his plurality at 15,000. This was not con ceded by the Booth adherents, who made no claims. CONDUCTORS OF U. P. RESTRAINED BY COURT ORDER Judge Sears of District Court Issues Temporary Restrain ing Order Forbidding Them from Striking. FINAL HEARING SATURDAY Conductor Brings Suit in Behalf of Himself and Fellow Workers. TO ASK FOR FEDERAL AID Union Pacific railway conductors will not be allowed to strike. When suit was filed yesterday morning by, Edwin A. Hamilton a conductor on his own behalf and in behalf of all other conductors simil arly situated, it took Judge Sears just thirty minutes to grant a temporary restraining order preventing a walk out. The hearing is set for Saturday morning at 10 o'clock. The injunction reads: "It is ordered that the defendants and each of them, in their individual capacity and in the capacity of offi cers of the Order of the Railway Con ductors of America, as well as their successors in office and all persons acting for them or in conjunction with them, be and are hereby restrain ed until the conclusion of the hearing for a temporary injunction, from in augurating, declaring or calling or carrying on a strike of the members of the Order of Railway Conductors employed by the Union Pacific rail road, and from issuing, circulating or promulgating said strike order, from expending any of the, funds of the or der or any other moneys in the con duct of said strike and from doing anything or taking any action what ever in the furtherance of the strike. Officers of the conductors' order are restrained from taking steps to expel Edwin A. Hamilton from the order by reason of bringing this action." Conductor Hamilton, in the com plaint, makes the officials of the or der the defendants in the action upon which Judge Sears bases the restrain ing order. Cause of Action. The suit is based on the alleged fact that according to the constitu tion, which is the organic law of the order, the president of the order is authorized to call a strike on any line of railway if two-thirds of the mem bers employed on that line have voted in favor of the strike, but that less than two-thirds of the members of the order employed on the Union Pa cific railroad voted in favor of the strike. The strike was declared, ac cording to the petition, upon a sec tion of the statutes of the order which was amended at the recent ses sion of the grand division of the or der held at St. Louis early in May, and provides that in a general or con certed wage movement if two-thirds of the membership employed on the lines of the parties to such a move ment vote in favor of striking, a strike may be ordered on all lines, regard less of what may be the result of the vote on any individual line of railroad involved. It is contended that this provision of the statute is in violation of the constitution of the order. Mr. Hamilton recites in his petition the advantages accruing from his membership in the order and his de sire of remaining a member, and don tends that if he refuses to go on a strike he will forfeit his membership in the order and his rights and bene fits accruing to him from such mem bership. He further states that in the event he does join in the strike he will lose his position with the Union Pacific, his seniority rights and his right to a pension. Judge J. J. Sullivan appeared for Hamilton. Defendants in Case. The following are made defendants: A. B. Gnrr.liton, president of th Order of Hallwuy Conductor,. Chrleii H. Friday, rhelrman of the rn rel committee of adjustment. C. 8. Hoffman, rhalrman of the lnrat committee of adjuatment of blvlalon No. lift on the Union Parlflo. W. 8. Pox, chief conductor of-Dtvlelon No. 121. F. Petersen, secretary-treasurer and cipher correspondent. R. K. Woodworlh. chairman of the local committee on adjustment, No. SI4. F. P. Dreibue, chief condurtor of Division No. IK. ft. M. Wilson, secretary. treasurer and cipher correspondent, Division No. IK. G. C Yoel, chslrman of the local commit, tee, No. H. J. M. Vernon, chief conductor of Division No. Hi. J. O. Mcllvaln, secretary-treasurer of Di vision No. SA. H. C. Mecomber, cipher correspondent of Division No. 36. Paralysis Epidemic Is Again Increasing N'ew York, Aug. .10. The confi dence of health department officials that the epidemic of infantile paraly sis was under control was shaken to day by another increase in the new cases reported. There were eighty nine, against seventy-three yesterday. The deaths were twenty-two against thirty-two yesterday for the twenty four hours ending at 10 a. m. There has been a steady increase in the num ber of new cases reported since Sunday. Summary of Strike Situation Judge Sears issues restraining order to prevent conductors of Union Pacific from striking. Hearing set for Saturday morning. Railroads prepare to ask for federal injunction if trainmen strike Monday. President Wilson will make an effort to have the railroad brother hoods call off or postpone the order for a general strike of train em ployes called for Monday. Unorganized employes of railroad companies protest to President Wilson against action of brotherhoods. Many roads have issued embargoes against the receipt of all freight, and it Is predicted that it will be general within forty-eight hours. New York milk companies are arranging line of motor trucks to bring milk to the city in case rail traffic ia suspended. New York police department will take charge of distribution of fuel and food in case situation becomes acute. 1 Minneapolis flour mills will cease operations as soon as strike order becomes effective. Senate committee on interstate commerce will hold public hearing! Thursday on strike billi suggested by President Wilson. Each side will be given three houri. U. P. EMPLOYES SEND PROTESTTO WILSON Petition to President Says the Brotherhood Leaders Are Drunk with Power. FLAUNT PUBLIC INTERESTS The following petition from Union ' Pacific employes, signed by Ira A. Stevens, chief timekeeper; M. M. Lesher, department inspector, and Daniel Foley of the local freight house, constituting a committee pur ported to represent 80 per cent of the employes of the Overland system, has been telegraphed to President Wil son: "We note with much disappoint ment and many misgivings as to our own future and as to the future of the public generally that notwith standing your urgent personal apeat the four leaders of the railroad broth erhoods have refused to hold even temporarily the strike call, which they have ordered to go into effect Sep tember 4. By this action these four leaders not only flaunt the interests of 80 per cent of their fellow em ployes, but they flaunt the interests of the general public, they flaunt your own personal appeal, they flaunt the congress of the United States, which is now endeavoring under your lead ership to solve this problem and as nearly as possible bring justice to all sides. ' Don't Want Strike. "From our daily association with members of the engiuemen and train men's brotherhoods we are con vinced that individually these men do not want to strike. They voted for a strike because the ballot was so fixed that there was no opportunity to vote for arbitration. "Many of these men have grown old in the service and have the best positions that wage earners can se cure. They own their homes and hold enviable positions in their communi ties. The only reason any of them would go on strke would be because the four leaders in Washington had ordered it. "We are calling this to your atten tion for the purpose of urging you to appeal to the 400,000 members of the rank and file of these unions to re main at their posts until congress can work out a settlement. We feel sure that if yon i'ill personally ap peal to these men over the heads of their leaders, who arc drunk with power, you will find an almost uni versal response. "These four men are leading 400, 000 to destruction. They cannot ex pect public sympathy if they ignore public interests.' Hughes Will Not Change Plan for a Week in Mountains Estes Park, Colo., Aug. 30.-The threatened railroad strike situation will not hasten the departure of Charles E. Hughes from here, accord ing to an announcement made today. It was said Mr. Hughes will leave at 2 o'clock tomorrow for Loveland, Colo., according to schedule, where he will meet Governor Carlson of Colorado and deliver an address at the Loveland fair. Resuming his itinerary, Mr. Hughes will go to Denver, Topeka, Kansas City, reaching St. Louis Saturday. He will stay in St. Louis Sunday. Speculators Not Impressed by Talk Of Railroad Strike New York, Aug. ,10. In the face of countrywide preparations of railroads to meet the threatened strike, dealers in the railroad securities on the Stock exchange did not take the situation seriously today. 1'rires were de pressed at the outset, but .there were sharp and general recoveries before midday. Rails anil United States Steel were well supported. Senti ment in financial and industrial cir cles was reported less pessimistic. EMBARGO IS PLACED ON ALL SHIPMENTS Railroads Send Notice That All Freight Will Be Handled At Shippers' Risk. ASK AID OF THE COURTS "Instruct all agents as follows: Notify all regular shippers that, effective at once, all sllipmcnts except live stock and perishable freight will be ac-epted without liability for loss, damage or de lay on account of strike. Stamp or write on all receipts the fol lowing: 'Received without lia bility for loss, damage or delay by srike.' Procure stamp if pos sible. "Live stock and perishable freight will not be accepted for transportation if same would' not arrive at destination on our line or connecting ..line, on regular schedule, on or before Saturday, September I, and shippers should be notified accordingly. Notify connecting lines that no live stock or perishable freight will be ac cepted from connecting lines un less same would arrive at desti nation on this line or connecting line on or before September 2. , "Effective with this notice, ex plosives will not be accepted for movement from local stations or connecting lines." The foregoing, which is officially designated as an embargo, has been issued by all of the railroads oper ating in and out of Omaha. It is the first public move upon the part of the railroad officials that they recognize the possibility of a strike of the rail road trainmen being called next Mon day morning. The embargo notice is uniform he country over, it having been agreed upon by the railroad oflicials. Prepare for Strike. With the issuance of the embargo order, railroad officials of the execu tive, the operating and the traffic de partments are busy in an effort to counteract the effects of the strike that most of them now admit is cer tain to come next Monday. In the Union Pacific headquarters officials of the legal department la bored all Tuesday night, working on two phases of the impending labor trouble. The outcome of one of the phases developed when officials ap peared before Judge Sears of the dis trict court and secured a restraining order against the company conductors to prevent them from going out on strike. The second phase of the legal prop osition is one in which all of the rail roads will join and when the time comes will find its way into federal court. In reference to this proposi tion, no action will be taken until the men walk out, in the event they do. Then, if they go out, a blanket injunction will be sought, restraining trainmen and other railroad employes who are out on strike from trespass ing on railroad property, from inter fering with the movement of trains and from interfering with men en gaged in the movement of such trains. Up to the Government. If the restraining order is granted and railroad attorneys say that it will be, the whole proposition will be in the hands of the government and the striking employes of the railroads will be amenable to the provisions of the federal laws. It is asserted that in event the men out on strike should interfere with the men operating train, or should they molest, or attempt to molest railroad property, or trespass on rail road grounds, United States marshals would take charge of the situation. In the event they should be unable to cope with the difficulties that might arise, the federal soldiers would be called. The assertion is made that now that the state troops have become regular soldiers, they would be brought back from the Mexican border and dis tributed along the railroad lines and at terminals and at such other points where their services might be needed. While railroad officials assert that the application of such drastic meth ods is not anticipated, they want to be ready for the emergency in the event it should arise. WILSON MAKING EFFORT TO DELAY RAILWAY STRIKE President Attempting to Post pone Suspension Until Con gress Can Consider Issue. BROTHERHOODS SAT NO Officials Insist That Only a Settlement Can Prevent the Men Striking Monday. SEE SECRETARY WILSON Washington, Aug. 30. With both sides making last hour preparations for a great railroad strike Monday morning, President Wilson today turned all the influence of his admin istration toward persuading the 1 'brotherhood leaders to postpone or : rescind tnetr strike order until con gress has had an opportunity to act. There were intimations that should the labor leaders continue firm, Presi dent Wilson even might make a public appeal to the railway workers them selves to direct their leaders to post pone it. Despite denials of the labor leaders that President Wilson or anyone else had asked them to postpone . the strike, there were abundant evidences that such was the case, and somehow there was a feeling in congress, in ad ministration circles and in other places that a way would be found to. avert the walkout. No one knew what it was, but the feeling prevailed. After a conference with Secretary Wilson at the Department of Labor, the brotherhood leaders reiterated that no other power on earth except a satisfactory settlement would avert the strike, and that they had no power , to rescind the orderv Nevertheless, efforts were continued to bring about ' a postponement. v Omaha Injunction Discussed. The first legal phase of the situa tion developed with the temporary in junction issued by a local court in Ne braska restraining the conductors from calling or enforcing a strike on the Union Pacific. This brought up for the first time the effect of the much discussed Clayton anti-injunction act passed by congress at the be hest of labor. The brotherhood lead ers unreservedly expressed the opinion that the injunction was con travention of the law and could not stand. There were intimations that similar injunctions might be sued out in different parts of the country where the sentiment of the men is known . to be against the strike. While effort was being made to prevent the strike, both sides con tinued to make preparations to meet it. The senate interstate commerce committee also considered a law pass-t ed by congress in 1862 authorizing the president to take possession of railway and telegraph lines when in his judgment public safety might re quire it. ' Settlement Only Remedy, "No power on earth except a sat isfactory settlement can now prevent a strike," said W. G. Lee, president of the trainmen. "We four heads certainly could not-, obtain a postponement of the strike it we want to, nor could we postpone it if we received messages requesting sucn acnuu irom every one oi tne. committee of 640 who were here last week. President Wilson has not ask-1 ed us to postpone the strike and he understands, as we made it very clear : to mm on Monday night, that we ! now are powerless to act unless a ! satisfactory settlement is made.". I A. B. tiarrctson, head of the con ductors and spokesman for the em ployes, made a similar statement. Will Consult Gompers. Besides conferring with Secretary Wilson today, the brotherhood heads talked with several members of con gress at the capital. The brotherhood j ofrvials expected to confer today with Sai uel Gompers, president of the j American Federation of Labor. It i . i " - - i (l ununited on Vug Two, Column Four.) 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