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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (March 20, 1917)
BABY IS MONARCH
ALWAYS IN OMAHA
"Infantry" Probe Bereals Many
Great Men and Women
Were Once Babies.
LOW DEATH BATE HERE
r Br A. R. OROH.
Here's a bulletin that comei, all pal-
Mating and excited, from the chil-
Iren'f bureau, Department of Labor,
Washington, D. C, and telli ui that
"plans for Baby week are under way
in thirty-four states," "aeveral Itate
. committees hare selected some one
phase of infant' welfare for emphasis
this year," and so on.
Why, bless you, children's bureau,
Washington, ,D. C, every week is
' Baby week in Nebraska. We don't
confine the saving of babies to one
week. Bless you some more. Of
course, we don't.
If you'll look over statistics you
will find that Nebraska has by far the
lowest infant mortality rate among
the states of the union and Omaha
the lowest among the cities of the
It's a great pleasure to write about
habits. I was once a baby myself.
Many of the greatest men and women
in the world started life as babies.
And here's a problem for you. What
has become of the baby that you
once were? It hain't died and yet
it doesn t exist. It has disappeared
completely from the earth.
When Did Baby Go f
You say you have "grown up." Yes
hut does that exolain the disappear
ance of the baby? You don't bear
the slightest resemblance to that
eight or tea-pound morsel which, you
were told, was once you. Funny, isn't
) Turning now from pllilosophy to
physiology, we remarked that every
week is Baby week in baby-healthy
Nebraska. It is even so. The "baby
exhibit" is dated up solid from now
The exhibit consists of a large
number of panels illustrating every'
thing . that should be known
ibout baby diseases ana now to pre'
vent and cure them and about the
genera! care of the baby. It was
assembled by the Woman's clubs of
Umaha and Lincoln and the state
Anti-Tuberculosis society, Mrs. K. R.
J. Edholm directing the work. It is
sent from one town to another. This
summer it will circulate among a
large number of home economics
clubs throughout the state.
The baby exhibit is only one of
many activities continually being car
ried on for baby's health in Nebraska,
and particularly in Omaha. 1 .
Omaha is the .best place oa earth
for children to be born. In Fall
Kiver, Mass., 240 babies out of every
1.000 born die before they reach the
age of one year. In Omaha less than
one-fourth that many die. ... '
Perfection is a duality of babies
more than of any other living thing.
Botanists will tell you that -no rose
an be perfect. Physicists maintain
that a perfect vacuum is impossible.
But any mother will tell yon that her
baby is perfect
Even when her baby grows up lie
or she is perfect. Outsiders may dis
sent from this opinion, but the mother
will maintain it. And she ought to
know better than- anyone else,
oughn't she? You remember the
, mother who saw her son, John,
marching with the soldiers and ex
claimed, "Oh, look I All the soldiers
are out of step except my John."
The smallest baby born that grew
up weighed seventeen ounces at birth.
That's hardly bigger than a man's
I know a man who has a baby
weighing about 120 pounds. He says
she is the sweetest baby in the world.
They're going to get married as soon
as he gets "raisccr to $18 per.
With Strike Off
Much Freight is
Starting to Move
The calling off of the strike has
had the effect of starting an immense
volume of business moving out of
Omaha. Last Friday and Saturday
practically all the roads laid embar
goes on all classes of freight and as
a result nothing except the perish
ables were moving to any extent
Now all embargoes except those on
grain to seaboard have' been lifted
and freight is moving forward.
Shipments out of Omaha are unu
sually heavy, notwithstanding that a
great deal of freight went forward
during the latter part of last week in
anticipation of a freight tieup. Three
trainloads of meat have just started
for the east and as much aa a train
load of butter, eggs and produce tak
en, out of cold storage.
Omaha Will Get Chance
When Cruisers Are Named
Josephus Daniels, secretary of the
navy, has promised Mayor Dahlman
to remember Omaha when naming
the new cruisers.
''I would be very glad to consider
your suggestion to name a vessel after
Omaha when I come to assign names
to the cruisers authorised by a recent
ict of congress," wrote the secretary.
The mayor wired the secretary: "In
naming the new battleship cruisers
please remember Omaha, the best
city in the union and the gateway to
the great west, which gave our presi
dent the grandest reception of any
:ity in the country, a city ready to
lo its share at the nation's call.' .
Mayor Dahlman has known Secre
ary Daniels for twenty years.
lewelry Thief is Scared ' , '
Away Before Getting Loot
thief, who is the terror of all jewelers,
attempted his game in Omaha Sun
day night at the Leibowitx jewlery
itore at 218 South Fifteenth street
The crook was frightened away after
he had cut a triangular piece of glass
from the window and $1,000 worth of
lewelry was. easily within his grasp.
Just two doors north of the Leibo
witx store a thief broke the transom
glass over the front door, crawled
through and stole three dozen silk
shirts, $8 in cash front the money
drawer and several pieces of jewelry.
The place is , owned by Meyer
JKozitiky. ' 1
MADE BY UNIONS
(Coatlaaed Trmm Pat Oa,)
Eliiha Lee, chairman of the man
agers' committee, was as follows:
"In the national crisis precipitated
by the event of which we heard this
afternoon, the national conference
committee of railroads join with you
in the conviction that neither at home
nor abroad should there be fear or
hope that the efficient operation of
the railroads of the country will be
hampered or impaired. -
"Therefore you are authorized to
assure the nation there will be no
strike and as a basis for such assur
ance we hereby authorize the com
mittee of the Council ot National De
fense to grant to employes who are
about to strike whatever adjustment
your committee deems necessary to
guarantee the uninterrupted and effi
cient operation of the railroads as an
indispensible arm of national de
Statement by Mediators.
The mediation ' negotiationa and
their results are summed up in the
following statement issued at 6
o'clock this morning by the commit
tee from the Council of National De
"We desire to express our appre
ciation of the large and patriotic ac
tion of the railway managers' com
mittee, which has put beyond perad
venture the possibility of a nation
wide railroad strike. The railroads
have met the full demand of the
Adamson eight-hour law. This con
cession was secured as the culmina
tion of two days and nights of nego
tiation. "Our first effort was to secure a
postponement of the strike,' which
was fixed tor Saturday night.. I his
postponement was secured by pre
senting to the railway managers a
memorandum agreement drafted by
the brotherhoods which, with some
particularity, expressed - the pro
visions of the Adamson law. We
asked the railways to agree, that
if the Adamson Isw was held to be
constitutional, this tonstruction and
application would be given to it. The
railways agreed to this at a joirit ses
sion between the brotherhood chiefs
and the managers. And with much
difficulty the chiefs stayed the strike,
an act that was vital to the sucess of
our efforts at further mediation.
We next sought some adiustment
that would be effective should 'the
law v be held unconstitutional. In
this regard many propositions were
made to both sides until the railroads
expressed a willingness to place the
whole matter in the hands of the
committee. This action' proceeded,
as the letter of the railway managers
states, from a desire to demonstrate
to the country that the railroads
would not allow their own concep
tion of railroad policy to stand in the
way of the fullest use of the roads at
a time of severe national strain. The
committee considered the matter and
decided that in view of the action of
congress in passing the 1 Adamson
law and the 'necessity -for immediate
action, it was best to adopt at once
the memorandum agreement' of the
previous day as applicable under- all
conditions. Then the provisions of
the eight-hour law, by agreement be
tween the roads and the men, became
the basis of the settlement, and
whether the supreme court holds for
the avliditv of the law or against it.
there will be no strike. '
"FRANKLIN' K. LANE, -"W.
"DANIEL WILLARD, ,
Mediators Write Manager!.
The committee sent the following;
letter to Elisha Lee. chairman of the I
conference committee of the railways:
'"We are in receipt of your favor of
this date, placing in our hands for
immediate adjustment the matter of
the differences between your commit
tee and the railroad brotherhoods.
' We have brought this letter be
ore the brotherhoods with the state
ment that in our judgment it was
advisable to put into effect the pro
visions ot the Adamson law whether
it be held valid or otherwise. This
was acceptable to them. Thus by
your own action, urgedthereto by the
highest reasons of national concern. '
you have avoided a national calamity.
we wouia ne delinquent in a true
sense of gratitude if we failed to ex
press our sincerest appreciation of the
action you have taken. We trust that ,
it promises a long period of heatry
co-operation between the railroad
managements and their employes." ,
The agreement signed by the rep-1
resentatives of the brotherhoods of
the roads and by the commission i
reads as follows:
'In all road service excent nasirn.
ger where schedules now read 100
miles or less, nine or ten hnura nr
less, overtime at ten or1 eleven miles
per hour, insert 'eight hours or less
for a basic day and twelve and a half
mites per hour for a soeed basis.' for .
the purpose of computing overtime. I
uvertime to be paid for at not
less than one-eighth of the daily rate ,
per hour. ' 1
"In all yard service, switching and
hostelry service where schedules now
read 'ten, eleven or twelve hours or
less shall construe a dav's work.' in.
sert 'eight hours or less shall consti- 1
tute a day's work at present ten hours'
"Overtime to be paid for at not less
than one-eighth of the daily .rate per
"In varda now working nn an alcht.
hour basis the daily rste shall be the
present ten-hour standard rate, with
overtime at one-eighth of the present
standard daily rate.
"In case the law is declared uncon
stitutional, eight hours or less at pres
ent ten-hour nav will constitute
day's work. . '
f""" inc present
mileage basis will be maintained: On
roads now having a flat ten-hour day
in passenger service the rule will be
amended to read 'eight within ten
hours.' i ..-, -
"For all classes of employes In
short turn around passenger service
where the rule now reads 'eight with
in twelve hours,' it will be amended to
read 'eight within ten hours.'
"For such territory as has no num
ber of hours for a day's work iii short
turn around passenger service the
eight within ten-hour rule applies.
Overtime to be paid for at not less
than one-eighth of the daily rate per
'The general committee on indi-
Adamson Eight-Hour Wage Law
Is Held Valid
Act Fixing Honrs and Pay of
Men Engaged In Banning
Trains is Held Con
stitutional. FOUR JUDGES DISSENT
Washington, March 19. The
Adamson eight-hour railroad law was
held constitutional and valid in all
respects today by the supreme court
The decision makes eight hours the
standard of a day's work and wages
for men in operation of trains and
legalizes the wage increases which
went into tentative effect on its pas
I The decision was 5 to 4. Justices
Day, Pitney and Vandevanter an
nounced their dissent from the bench
and later Justice McReynolds an
Justice McKenna concurred in the
majority opinion, but on slightly dif
ferent grounds. Justice Day read his
own dissenting opinion and Justice
Pitney delivered the other dissent
ing opinion, in which Justice Van De-
- In dissenting Justice McReynolds
held that congress did not have
power to enact the law, but that the
majority decision now gives it au
thority to fix trainmen's maximum
and minimum wages "and to require
compulsory arbitration of tabor dis
putes which may seriously jeopar
dize movement of traffic, and to take
measures 1 effectively to protect the
free flow . of commerce against any
combination, whether of operatives,
owners or strangers."
vldual railroads may elect to retain
their present overtime rules in short
turn around passenger service 'or the
foregoing provision, but may not
make a combination of both to pro
duce greater compensation than is
provided in either basis.
In the event the law Is held to be
constitutional, if the foregoing set
tlement is inconsistent with the de
cision of the court that application
will be adjusted to the decision. If
declared unconstitutional the above
stands with all the provisions ss writ
ten. 'The foregoing to govern for such
roads, classes of employes and classes
of service represented by the national
conterence committee ot railroads.
Schedules except as modified by
the above changes remain as at pres
ent." W. G. Lee, head of the trainmen
and spokesman for the brotherhood
chiefs, declsred today that the settle
ment of the controversy was "the
grestest victory ever won for labor."
"Nearly uu,000 men," he said,
'have won the eight-hour datr with
out sacrificing a cent of their money
for it We are now in a position to
go back to our men with the greatest
thing ever put over for labor."
Conferences will be held here to
morrow between the railway manag
ers and the brotherhood chiefs to de
cide basis of computation of back
pay, 'inasmucn as tne new agreement
is to; be retroactive tagfhning Janu
ary 1. It is estimated unofficially
that ne men have coming to them
i IL i I
A f MATINEE ' K y'K-A tA MATINEE Y. J JJt I ' W II
i i AS NIGHT , 1 AS NIGHT
THE BEE: OMAHA, TUESDAY, MARCH 20, 1917. "
by Supreme Court
between $12,000,000 and $13,000,000.
In announcing the opinion. Chief
Justice White reviewed the negotia
tions leading to enactment of the law.
He did not read from a prepared
opinion, giving it apparently from
memory. He told of the president's
efforts to avert the strike last Sep
"He suggested - arbitration. The
employers accepted and the employes
refused," said the chief justice. "He
then suggested a basic eight-hour day
standard. The employers rejected
that and the . employes accepted.
How the president went to con
gress was then recited.
"Congress passed the law, that is
before us, and the carriers refused to
recognise it, he continued. He said
the agreement to expedite the case
was very laudable.
In the early course of the opinion
the chief justice said the law was
both an eight-hour day act and also
a wage-fixing statute. He said it
strips the parties of power of con'
tract" as to wages. He said the
eight-hour provision wss the para
Regarding whether the law is an
hour's of labor or wage fixing law,
the chief justice said it was both. He
said the question of fixing hours of
labor by congress was out of the case
Public and Private Rights.
The chief justice cited the "hours
of service act" as an instance of
"hours of labor legislation by con
gress, and said transportation was of
both private and public interest
"The dividing line is so marked
that government wilt ot destroy -the
private right," said the chief justice.
"The power to regulate rests upon
both the private and psMic interests
He then said the right of private
parties to fix private wages was an
inherent right and to take it away
would be unconstitutional, but added
that, considering what congress in
tended to do and the failure of the
railroads and employes to reach an
agreement, to say that the govern
ment authority did not have the power
"to fill the void would be to declare
that the private right had destroyed
the public right."
He said power of congress was not
an "emergency power" and recited
the congressional power to fix rates,
prohibiting rebates and a "myriad" of
regulations to protect the public in
terest. He said that power had been
extended to employes, citing the
"hours of service" act and others, and
held there was authoritv of congress
to' act because of the failure of the
railroads and employes to reach an
, . Majority Opinion Text
. The majority opinion as delivered
by Chief Justice White, follows: .
"Was there oower In congress un
der the circumstances existing to deal
with the hours of work and wages of
railroad employes engaged in inter
state commerce is the principal ques
tion here to be considered.
Its solution, as well as that Of
other questions, which also arise, will
be clarified by a briet statement ot
the conditions Out of Which the con
troversy arose. ...
1 wo fystcma con'ro.'leo in Marrn, ;
'jf y. ;
JL - .
1916, concerning wages of railroad
employes; one an eight-hour stand
ard of work and wages with addi
tional pay for overtime governing on
about 15 per cent of the railroads; the
other a stated mileage task of 100
miles to be performed during ten
hours with extra pay for aoy excess,
in force on about 85 per cent of the
"The organizations representing the
employes of the railroads in that
month made a formal demand upon
the employers that, as to all engaged
in the movement ot trains except pas
senger trains, the 100-mile task be
fixed for eight' hours, provided that
it was not so done as to lower wages
and provided that an extra allowance
for overtime calculated by the min
ute at one and one-half time the rate
of the regular hour s service be es
"The demand made this standard
obligatory on the railroads, but op
tional on the employes, as it left the
right to the employes to retain their
existing system on any particular road
it they elected to do so.
Terms of Demands.
'The terms of the demands were as
follows, except the one which re
served the option which is in the
margin and others, making article 1
applicable to yard and switching and
"Article 1. fa) In all road service
100 miles or less, eight hours or less
will constitute a day except in pas
senger service. Miles-in excess of
loo will be paid for at the same rate
"(c) On runs of over 100 miles
overtime will begin when the time on
duty exceeds the miles run divided
by twelve and a half miles per hour.
"(d),. All overtime to be computed
on the minute basis and paid for at
time and one-half the pro rata rate,
"(e) No one shall receive less for
eight hours or 100 miles than they
now receive for a minimum day or
100 miles for the class of ensrine used
or tor service performed.
(t) lime will be comouted con
tinuously from time required for duty
until release from duty and responsi-
Dinty at end ot day or run.
-"The" employers refused the de
mand and the employes hrough their
orgsnizations by concert of action
took the steps to call a general strike
of alt railroad employes throughout
tne wnole country.
Action by President
"The president of the United States
invited a conference betveen the par
ties, He proposed arbitration. The
employers agreed to it and the em
ployes rejected it. The president then
suggested the eight-hour standard of
work and wages. The employers re
jected this and the employes accepted
it Before the disagreement was re
solved, the representatives of the em
ployes abruptly called a general strike
throughout the whole country, fixed
for an early day. The president, stat
ing nis ertorts to relieve the situation
and pointing out that no resources
at law were at his disposal for com'
pulsory arbitration to save the com
mercial disaster, the property injury
and the personal suffering of all,
not to say starvation which would
be brought to many among the vast
body of people if the strike was not
prevented, asked congress, first, that
the eight-hour standard of work and
wages be fixed by law, and, second,
that an official body be created to
observe during a reasonable time the
operation of the legislation, and that
. . .... iw.ajnonnnonnnnpip jp-
an explicit assurance be given that
if the result of such observation es
tablished such an increased cost to
the employers as justified an in
creased rate, the power would be
given to the Interstate Commerce
commission to authorize it. Congress
responded by enacting the statute
whose validity, as we have said, we
are called upon to consider.
"The duty to do so arises from the
fact that the employers, unwilling to
accept the act and challenging the
power of congress to enact it, began
this typical suit against the officers
of certain labor unions and the United
States district attorney to enjoin the
enforcement of the statute.
"The lew was made to take effect
only on the first of January, 1917.
To expedite the final decision before
that date the representatives of labor
unions were dropped out, agreements
essential to hasten it were made and
it was stipulated that oendintr the final
disposition of the cause the carriers
would keep accounts of the wages
which would have been earned if the
Statute was enforced so as to(enable
their payment if the law was finally
The Dissenting Opinion,
Following is the synopsis of the
dissenting opinion on the Adamson
law by Justice Vandevanter:
, "Mr. Justice Pitney, for himself
and Mr. justice vandevanter, deliv
ered a dissenting - opinion express
ing concurrence in tne view of Mr.
Justice Day that the Adamson law
is unconstitutional because congress,
although confessedly not in posses
sion of the information necessary for
intelligent smd just treatment of the
controversy between carriers and the
trainmen, arbitrarily imposed upon
the carriers the entire and enormous
cost of an experimental increase in
wages without providing for any com
pensation to be paid in case the in
vestigation should demonstrate the
impropriety of the increase."
Justice Day, in his dissenting opin
ion, said the legislation amounted to
"deprvation of the railroads of prop
erty without due process of law."
In concurring in the majority opin
ion, Justice McKenna differed in that
he believed the law "an hours of
service" statute and only secondarily
a wage-fixing law, and thus within the
power of congress." ...
Remainder of U. P. Bridge
: Is to Be Moved This Week
Wednesday of this week has been
set as the date for moving the east
approach of the Union Pacific's new
bridge over the Missouri river into
place. Work on the approach, a steel
truss span 376 teet in length, has
TUESDAY AND WEDNESDAY '
, "HIS SWEETHEART" . . .
, A Quaint, Appealing Photodraaaa.
11 to .11
Wmn'Q&TM5te KMC? '
Latest Metro Comedy
"A Modern Romance"
MONDAY, TUESDAY, WED., THURSDAY
been going on several weeks and it
is now finished.
, The approach that is to be moved;
it similar in construction to the main
Ispan, 1,000 feet in length, now in use.
'It carries double track and has been
constructed by the -same company
that built tne main span.
In tk. TrtumptiMit "CYRIL"
Nifht, 50c to fa; Matlnw. SQc to fl-M
THURS., FRI. AND SAT- MCH. 22-t
ThjEta,t John E. Kellerd
In ShakHPMraui Rtwrtolra.
- THE BEST OF VAUDEVILLE
Bill. MtlKM. 2:11: Nlfct. CIS. TKIl WmL
Mr. Martin Back Pmsnti
DOROTHY SHOEMAKER CO.
MURIEL WORTH. DoMhM 4 SKwirt. Man A Tal
ly. Allaan Stanlv. Wllllas 4 jHlai, MIlarM. Or
skna Ttanl WMklr. 1
. a,i.lln... iallry, 10a: Bait Stall dxatat '
Salurtay no SatSixl. Ot; NWili. IO--M-;H.
i nnvn NIGHTS. U-sa-SO-TOc. f
i ESU I U Mat. Tomorrow, XSe
I "busyTzzy" I
I A Mualeal Comedy . ?
tCrttt(tt7t Daily Mats., lS-aS-SO
aa 3 Eroo'fi. IS
........ i unnau i ,
COME WEEP IT) AND MOUKN () WITH .
Tile? SDADT!llfi UinnW Mualeal
int, arvnnna niarvnv
Tein nf Joy, not Orlif. Hirry Coopw, ehllt pallbMrM
or uugnur. ana a nuo oi smkii. dmuv
of Uiirtr aoneit lo aoodjieai wldowa liraia aud
othorwlM.I (Fllll Pertormancl Frldiy Nlarlt.l i
LADIES'. DIME MATINEE EVERY WCEK DAY
Sal.. Mat. ana Weak, FRED IRWIN 8 BIO SHOW
"GIRL IN THE MOON"
Julian Hall Van and Paarca
EVANS, LLOYD CO.
"THE BATTLE OF THE SOMME"
Official War Flcturaa
Boyd Theatre, Mch. 27-28
Boston National Grand Opera Co.
Orchaatra at 80 Chorus of SO
TUESDAY EVE., TOSCA" VillanI,
Zaaatallo, Baklanoff, Lusari, MSraa
aoni, Conductor. '
WEDNESDAY MAT., "IRIS" Mlura,
Kittay, Chaltaare. Moranaoai Conductor.
WEDNESDAY EVE., "BOHEME" Tayte,
Martin, Man-, Maraoaa Qaorriari,
SaaU Now at Boa Ofilcat
Orchestra $3.00. M OO, ..
Balcony tl JO, $2.00, $3.00, $4.00. .
Gallery All eaata $1.00.
On the Big Organ
"Sap Is tahaa
from b$i of th$)
boat known works
' of Iho famou
French - author,
d Paullu Prod-
r ortek kaa craototl
frosm tfcia famous
rolo that will
ltttgar hi tho mind
foravor u oao of
hor voir frootaat
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