Evening Star Newspaper, March 28, 1940, Page 4

Supreme Court Nears Argument in Apex Anti-Trust Case Decision May Indicate Extent to Which Labor Is Subject to Act « Early determination of the extent $o which labor unions may be sub- Ject to the Sherman Anti-Trust Act was in prospect today as the Supreme Court neared argument in the Apex Hosiery case, in which the Phila- delphia company is seeking $711,000 from a C. I. O. union for damages growing out of a strike. Apex got the judgment against the American Federation of Full- Fashioned Hoslery Workers in Dis- trict Court under the triple-penalty provisions of the Sherman Act, but the union won on appeal to the Third Circuit Court of Appeals, which said that no intent to restrain trade had been proved. The Supreme Court is expected to hear the com- pany’s appeal before the week is out. Ordinarily, that would mean a decision in about a month. Additional interest is lent to the litiation because of the current effort of the Justice Department to prosecute A. F. of L. building trades unions under the criminal provisions of the Sherman Act for alleged restraints in the building industry. One of those cases here already has brought a ruling by District Court Justice Peyton Gordon that the Teamstiers’ Union can be prosecuted for allegedly causing building project tie-ups. In a brief filed in the Apex case as a “friend of the court” the C, I. O. said yesterday that lower courts had ruled that unions “may not undertake to enforce pressures against a non-union employer for the purpose of making such em- ployer meet the prevailing incus- trial standards,” and that “applica- tion of this doctrine under our pres- ent economic conditions woud re- vive the anti-trust laws as the most serious threat to the development and functioning of labor organiza- tions.” Labor claims exemption from the Sherman Act under the provi- sions of the Clayton Act. The Apex company brief that “if now laoor seeks im- munity from the Sherman Act even when it resorts to violence ahd sabotage to accomplish its pur- poses, its appeal should be ad- dressed to Congress and not to this court.” The Court of Appeals said that Apex had its redress in State courts. London (Continued From First Page.) into sharper prospective by the re- call from Paris, at French request, of the Soviet Ambassador, and the British detention of two Russian ships in the Far East. Russia also was believed to occupy an important place in the allied discussions in thelight of the Finn- ish war settlement of March 12 and the reported efforts of Germany to draw Russia and Italy closer. It was reported that Lord Halifax discussed at some length yesterday with Russian Ambassador Ivan Maisky the degree of neutrality to be accorded Russia by the allies. British detention of the Russian ships Selenga and Vladimir:Maya- kovsky for contraband examination also was said to have been discussed, but Foreign Office sources denied that Maisky had protested the Brit- ish action. Stopping of Russia’s 3,972-ton Vladimir Mayakovsky, en route from Mexico and California with metals for Vladivostok, was reported yes- terday. The 2492-ton Selenga, carrying Chinese tungsten ore, was taken into Hong Kong January 13 and presumably is still there. The British press described navy interception of the Russian ships as merely a part of the general tight- ening of the blockade against Ger- many by shutting the Eastern “back door,” through which it was believed supplies from the Americas have been filtering via Russia. Reich Watches Allies’ Attitude on Scandinavia BERLIN, March 28 (£).—The allies’ attitude toward the neutrality of Norway and Denmark, whose ter- ritorial waters provide Germany a sea lane from the north, is being watched with “the most profound attention,” authorized German sources declared today. They said the Reich was reckoning with the possibility that the West- ern powers might “assume the right to police territorial waters” of the Northern nations, in view of a state- ment issued in Paris last night. Informed quarters left no doubt such a step would be met by Ger- man counter measures. The semi-official French news agency, Havas, in a statement out- lining the allied attitude toward neutrals, made a sharp distinction between active and passive neutral nations. It said recent activity of British warships off Jutland was due to “the passive attitude” of “certain neutral governments” permitting Germany to carry on a regular “war traffic.” The allies intend to police “doubt- ful” neutral waters, the statement declared. ALL GLASSES Complete with Examination $7.50 NO HIGHER ~ Why Pay More? ’ This Includes ® EYE EXAMINATION BY MEDICAL DOCTOR (Oculist) Vision Lenses. ryp! uhllncluf:‘d P it sos st pis il e @ Case and cleaner. i\ 2-Year Service Guarantee OPOLITAN OPTICAL N.wW said in its | i o A DIPLOMATIC TRIPLETS GET screen tests. Left to right, Edith, Mildred and Elena Boyd, 18 years old. Welles fGontbue EromiRk GEaze ) of six days going over and five days coming back.” ‘The Under Secretary said he had no plans to go back to Europe. He was asked to comment on a report in The Hague, the Netherlands, that he was disappointed in his trip. “I was not within 200 miles of The Hague,” he said. “How could they get that?” . “I had every opportunity given to me to get the information for which I was sent,” he said. Among the other few direct quotes he permitted was this: “I had the privilege of mecting Reynaud.” Reynaud is the new French Prime Minister. Mr. Welles stood on a raised plat- form in the cardroom of the Conte di Savoia during the mass interview. ! He was calm, pleasant and expressed his apologies for not bring ahle to give more information. -He wore a dark blue suit, a white shirt with buttoned-down collar and a black | tie. He kept puffing on cigar ttes throughout the talk. Some mem- bers of his party stood outsiue the| circle of reporters, but Mr. Welles | did all the talking. “No Significance.” Mr. Welles had been abroad since February 17. At one point he asked: “What are you expecting, gentlemen, a set speech?” Other members of the party were Mrs. Welles, Thora Ronalds, Mrs.| Welles’ niece; Pierrepont Moffat, | chief of the Division of European Affairs for the State Department, and Hartley Johnson of the Consular | Service, Mr. Welles’ secretary. The Undersecretary was met down the bay by agents of the local of- fice of the State Department, Harry | M. Durning, collector of the port | and Rudolph Reimer, commissioner of immigration. He declined to be taken off the liner at quarantine by a Coast Guard cutter. He turned in his passport to immigration officials, in accord- ance with the ruling that all Ameri- cans returning from abroad must suTender their passports. When he returned recently from the Pan- ama Conference he declined to give up his passport. “This passport will be turned in with the greatest of pleasure,” Mr. Welles said, and then added quickly, befere any interpretation could be} put on the statement, “there is no | significance in that remark.” ‘The TUndersecretary’s complete itinerary in Europe was: Italy, for the Mussolini talk; Germany, via Switzerland; France, again through | Switzerland; England, and then Italy again, where he saw Pope Pius | XII and talked again with Musso-; lini, this time shortly before the Italian Premier met with Chancellor Hitler at Brenner Pass. Welles and President To Confer Tonight By the Associated Press. Sumner Welles, the Undersecre- tary of State, will be here tonight | to confer with the President, but | little optimism was felt by high offi- cials that European peace would fol- | low his fact-finding trip to capitals | abroad. Mr. Welles also will see Secretary | of State Hull. Secretary Hull indicated at his | press conference shortly after noon that Mr. Welles had not cabled from Europe any full reports on his } mission, but was bringing in person | MOVIE CALL—The daughters of Ambassador and Mrs. George Edward Boyd of Panama got a letter from Hollywood yesterday inviting them to take further —A. P. Wirephoto. all the information he had gathered on the plans of Germany, Great Britain, France and Italy. No high officials were willing to predict that the White House would make any move toward peace within the next few months. They were unanimous, however, in saying that Undersecretary Welles’ trip had been extremely val- uable in exactly the field for which the President designed it—gather- ing facts. All evidence received here indi- cates that the foreign leaders took advantage of Mr. Welles’ visit to un- burden themselves of their hopes, | desires, prospects and also charges | against their enemies. One high official here said that Mr. Welles' trip had been of great value in improving relations with Italy, in clarifying the views of for- eign chieftains, in putting forth the Undersecretary as a future con- tact man, in making him probably the best-informed statesman on present-day Europe, and in putting American ideas before the other governments. Observers adduced two facts as a framework within which to evalu- ate the effects of Mr. Welles’ jour- ney. The first was his categorical statement in Rome that he had not received any plan or project for peace from any European govern- ment and had not presented any. It is regarded as inconceivable, however, that his long conversations with European statesmen did not give him a good idea of their thoughts on peace. On the basis of Mr. Welles’ notes, the President, Mr. Hull and Mr. Welles could draw up a peace plan if they saw fit. But would they? Here enters the sec- ond fact . . . At a crucial moment in Mr. Welles’ trip. when he had reached Rome for the second time and Eu- rope was full of rumors of a “peace | offensive,” President Roosevelt told the world what sort of peace the United States sought. address March 16 he said: “Today we seek a moral basis for peace. It cannot be a real peace if it fails to recognize brotherhood. It cannot be a lastihg peace if the fruit of it is oppression, or starva- tion or cruelty, or human life dominated by armed camps. It cannot be a sound peace if small nations must live in fear of power- ful neighbors. “It cannot be a moral peace if freedom from invasion is sold for tribute. It cannot be an intelligent peace if it denies free passage to that knowledge of those ideals which permit men to find common MATCH YOUR ODD COATS TROUSERS $3-95 up Put those odd coats to work by matching them with Eise- man’s special trousers. Hun- dreds of pairs in all wanted materials, colors and sizes. EISEMAN’S F ST. AT SEVENTH In a radio| ground. It cannot be a righteous peace if worship of God is denied.” There seems little doubt that Mr. Roosevelt sought to lay out these bases in order to prevent any impression that Mr. Welles was bringing back a peace plan, or that Mr. Roosevelt would issue any peace proposal at variance with them. Welles Didn’t See Schacht Aboard Ship NEW YORK, March 28 (#).— Undersecretary of State Sumner Welles, returning on the liner Conte Di Savoia today, said he had seen no sign of Dr. Hjalmar Schacht, German finance expert in search for whom the British held up the ship 13 hours at Gibraltar. Mr. Welles said he was slightly under the weather from influenza, which he has had for six weeks, and paid little attention to the search. Mr. Welles said that in Berlin he had lunched with Dr. Schacht, who was removed as head of the Reichs- bank in 1939, and that “if Dr. Schacht was on the ship I didn't see him.” (It was learned that Dr. Schacht was at his Berlin home at the time the Conte Di Savoia sailed. Italian Line officials said a Swiss newspaper reported Dr. Schacht was on board the Conte Di Savoia.) A reporter jokingly suggested that Dr. Schacht might have been in Mr. Welles' trunk. “Like Mr. Morgan's midget, per- haps,” smiled Mr. Welles. 16 From D. C. Due to Get West Point Diplomas Sixteen District youths, 18 from Virginia and 10 from Maryland are due to graduate in June from the United States Military Academy. The West Point commencement will be held June 11, according to the June week program, just made pub- lic by Brig. Gen. Jay L. Benedict, superintendent. June week will extend from June § to June 11 and will include the usual horse show, presentation of awards and alumni exercises. District motor accidents during January and February of 1940 fell ‘off 467 from the 2,286 accidents dur- ing October and November in 1939. “MR. PAINT-UP SAYS” For Permanent Beauty .. “FAIRFAX® 4 *3100 %o Anyone Finding Water in “FAIRFAX" Paints! NW. B Eia0iso FRIDAY AND SATURDAY STORE-WIDE MONTH-END- z o MONTHS TO PAY reductiohs o" han- lar stock merc ':.2: for Spring 9" Summer wear . - SUITS as low 08 $15.99 \ TOPCOATS | 51299 SHOES os low 0 53399 HATS o fow o8 $2.6 E !UlNlSH;N@A—c:lE)sGSGo:IGES WOMEN' Deep Diplomatic Triplets Get Hollywood Call For Movie Tests Boyd Sisters, Daughters Of Panama Envoy, Sing, Dance and Play Guitar The Boyd sisters, who sing, dance and play the guitar, are s triple threat to Hollywood. Eighteen years old, dark, slim and comely, the daughters of Am-_i bassador and Mrs. George Edward Boyd of Panama work as a team, Several months ago the triplets, vacationing on the West Coast with: their parents, began to knock on the doors of movie studios. They called on Ginger Rogers, Irene Dunn and others for advice. A studio scout gave them a tryout. Yesterday the sisters got a long= awaited letter from Hollywood, s suggestion that they return immedi- ately for further screen tests. The grey eyes of Edith, younger by some 15 minutes than Elena and Mildred, sparkled when she talked about it. “The letter sounds good—grand,” she said, “because Dad told that agent that' he could not have us running out to the West Coast un- less there was something definite.” Both her father, Edith said, and her American mother, the former Elizabeth Bolling of Abington, Va., favor a stage career for the trio. The triplets, however, are unani- mous about a screen career. They also like to dress alike and go about together. They go in for swimming, tennis and basket ball. The next thing in their lives, said Edith, “is to work on dad so hell let us go to Hollywood.” Dad, it would seem, doesn't stand | a chance. Dies __ (Continued had worked for the American Fed-" eration of Labor, the Congress of | Industrial Organizations and the Communist party. He said he had been a business agent for the Amalgamated Associa- tion of Iron, Tin and Steel Workers | in 1933 and later served as an or- ganizer in C. I. O.’s steel organizing | drive. | The refusal to divulge names of | party members came when Chair- man Dies asked who kept the rec- | ords for Communist party district five in Pennsylvania, of which | Powers said he was secretary. Powers said there was no member- Attractive prices on quality dressed lumber. Easily in- stalled. Ready to paint. Prompt delivery. 1} u\o\“‘" O o o WOl “\\fi\fi )M‘-“ NATIONALLY KNOWN SIDNEY 14th and AN EXCLUSIVE ILD A PICKET FENCE! | EISINGER M ano Lumeer Co. Bethesda, Md.—WI. 6300 Headquarters for We Recommend Architects and Contractors COLOR-CREATION BY ship list, but that some one under him kept a record of dues. “Who keeps those records?” Chairman Dies asked. “The purposp of this commit- tee—,” Powers started to reply. “We don't want any dissertation from you,” Mr. Dies shouted at him, rapping his gavel heavily. After a further exchange of shouts, Powers said he wished to reply in his own way. “After my apswer is made,” he sald deflantly in a slight accent, “if it's not satisfactory you can say s0.” Mr. Dies settled back in his chair to listen, but quickly made the room ring with his gavel pounding when Powers said: “Mr. Dies has made it clear he intends to put us on a blacklist. I will be no party to putting mem- bers on a blacklist. You've got the wrong man here.” Seized Saturday. Dolsen was seized by commit- tee agents at Pittsburgh last Satur- day, when a membership card in- scribed with the name Franklin D. Roosevelt was taken in his room. Appearing before the committee here, he said he knew President Roosevelt was not a member of the party, but declined to answer various questions, Representative Eberharter, Demo- crate, of Pennsylvania protested on the House floor yesterday that the committee spent money to bring Mr. Dolsen here by airplane when it could have obtained all the informa- tion he supplied by mail. The committee also planned to hear another Pittsburgher this week. Representative Dunn, Democrat, of Pennsylvania said he was informed by the committee that a hearing would be given to Richard Lawry, suspended census supervisor. Mr. Lawry was suspended pending an investigation to determine whether he is a Communist. Goodman For Good Meats ARCADE MARKET, PARK RD. & 14th ST. COLUMBIA 1656-7-8 jon THIS week end—why not make it poultry? All E. T. GOODMAN'S chickens are raised right around _here—fresh and tender. BROILERS—or for FRYING or ROASTING. 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