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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (May 27, 1913)
3 THE MORXIXQ OREGOMAK. IUESBAY, 31AY Zt, lUlo. " I " . . . f . iMMi. inn I, i i i in i I ' I PRICE RESTRICTIONS BT PATENTS INVALID CHARACTEEISTIO SNAPSHOT OF EX-PRESIDENT, TRIAL OF WHOSE SUIT FOR LIBEL BEGAN YESTERDAY. lose Cut Rates Permissible by Re tailers Is Decision of These Are Goo Supreme Court. See if You Agree With Her MANY MANUFACTURERS HI t ,. .., imiwi TTriniiTiiMiinrinnni n , n f . ;f.m. -mi'Hii r....r,j CHARACTERISTIC SNAPSHOT OF EX-PRESIDENT, TRIAL OF WHOSE SUIT FOR LIBEL BEGAN t 11 I . 3 inm ji"je. Til i hi isa.n . t ::.,'iii-,r--.'w;,3 TH9 Mil ! 9 Tl 1 MISS 1 ooro ' i tunics d Stories j . ' .v :"-'---:v:-;.r.;.r ..- r-x :: . .a Drag. Safety Rasor. Talking Ma chines and Thousands of Other Articles Jfow May Be Sold at low as Seller Wlshw. no era et of a. re The ns- wicntvr,Tfi' arv St. The called "patent monopoly" which thrent nd to prevent cut rates oy retane la all patented articles on the mark v.. rientrored today by decisions h. Cimramii Court of the United State -r, mnr tia1t tV.t owners of patents do not receiTe the risnt by the patent law to control the pnee at wmcn tallara muat sell to consumers. rfiil.n In wnF-n . arvnlled only to nerve tonlo for which a patent had brn leaned, but will control all pat ented articles sold nnder restriction Safety razors, talking machines and thousands of other pateniea irmi are a (Tec tad by the decision. i-kt . Kkt. fa Pi tee. Jostles Pay announced the majority decision, which held that while the patent law irave the owner exclusive rlpht to -vend" articles, that was not the same as a ngni to Keep u price." That, the court held, was no Many manufacturers had Joined the manufacturer or tne nerve wmo m iiiiialn the contention that hi. .,i.ni r.va him a rla-ht to sell or um his patented article under any condi tions as to resale price he mlht see fit to impose. A..l. m n.nirtmflt Of JU 1 1 1 v. " - - r tire recard the decision of tremendou Importance, putting an end to exletlni ' wlde(pread extensions of patent mo ii . .4 .h.rn'v ariainr a 11 n of d.-markatlon between the Sherman anti-trust law ana tne patent uw tkeraaaa Iaw lavelved. -f r..Mi.n f T ii m 1 1 rM has eon .V.V. . n.tentea sells his patented article be loses all control of It and Is powerless, espoc.aj.jr pf the snennan inii-irun tapilSD rai" pn tt Is said fhat the right to establish resale prices Is belnt: claimed by an a i most unlimited number of companies. The court reversed the policy adopted In the famous -rnimeoErapn -w . j - tiffin nver a vear iro when only seven Justices were on the bench, but allowed that case to stand so far as It form. I- ttav Csbsm Reversal. In the "raimeORraph case" Justices McKtnnt. Lorton. Holmes and Vands vanter upheld the right of patent own ers to place restrictions on the nature of articles to be used on the patented article sold. Chief Justice White and Justlres Huitbes and Lamar dissented. Today Justice Day. who was absent a vear (to from the court, and -Justice ntney. appointed since men, juiucu nith the Chief Justice and Justices n T . mur- in overrullnc the policy advocated by the four Justices who handed down ine coun. ""-"""" In the -mlmeoarraph ease." - Min.Ht InaMres contented themselves with a mere statement that they dissented. PRESIDENT SCORES LOBBY rfontlnoed From First wheat on the free list, along- with wheat flour. In the Underwood bill wheat Is srlven a duty on 1 cents a bushel, while wheat flour Is free of duty. It also was reported that the committee probably would recommend removal of the 10 per cent duty on cattle, sheep and hogs In conformity to the free llstlnr fr8n meata In the Underwood bill. Senator Pomerene. of Ohio, said to dav that a lara-e delegation of menu farturers of clotliliis; for men and women from Cleveland. Cincinnati and other Ohio cities called and in formed hhn that they did not care one way or another about the tariff du ties placed on ready-made clothing. Delay Oely la Asked. "They told me." said Senator Pome rene. "that they were ready right now to go into foreign markets and com pete with the foreign manufacturers of ready-made clothes. What they are asking la that the date for putting all the schedules of the tariff bill Into ef fect be delayed long eonugh after the taasage of the bill to enable them to adapt their business to the new rates." These men. the Senator said, repre sented the biggest centers of tie ready made clothing Industry In this country outside of New York. He added that the date of the going Into effect of the tariff rate be postponed waa being given consideration. Members of the Senate sub-committee which will close oral hearings to morrow night, were pushed to the limit all day and night and some of them htartng as many as 20 representatives of manufacturlnir nd other interests. Senator Johnson's sub-committee heard witnesses protesting against free sugar and sundry articles and a large representation of Southern cotton mills opposed to the rates of cotton and cotton goods. WMlrs aa Mlk Rates Opposed. Senator Stone's committee beard many witnesses protesting against woolen manufacturers and silk rates. Parwln P. Klngsley, who appeared before Senator -Williams" committee, appealed for exemption from Income tax of all Insurance business done for mutual benefit and protection and not for profit, and maintained that compa nies such as his came under that classl. rication. The committee took the mat. ter under advisement after Mr. Kings ley had given the assurance that the entire surplus of the New York Lies Company was held In reserve for the protection of policy-holders. In the Senate Senator Cummins ques tioned the methods by which experts of the finance committee had reduced with its specific rates in the Payne AKIrlch bill to the equivalent ad va lorem rates in the Underwood bill. He said that the equivalents were mislead ing in many Instances. Senator Sim mons said he would endeavor to ascer tain the method employed by the experts. Colombia A jra I n Rising. VANCOUVER. Wash.. May 26. (Spe. rial.) The Columbia River is again on the rise, after remaining stationary at nearly 13 feet for a week or ten days. During the past 24 hours the river has risen nearly one foot. fx p - ' , : & ti i'd '"Tf'ji i If i. - .- '-Sri Crf V-Fi THEODORK ROOSEVELT. Photo copyright by American Press Association. I. R. JURY CHOSEN Court Orders That All Be Locked Up and Guarded. JUDGE ISSUES WARNING 4 Miners Tevniterj, 2 Farmer, 1 Blacksmith, 1 Fireman and 1 Woodsman to Decide Suit Brought bj Colonel. rcoottnoed From First Psr persona who wished to vote for him Innocently bad used erroneously printed ballots. Opposing counsel worded the same inquiry differently when asking If a venireman would be prejudiced against either party to the suit. 'Would the fact that the defendant Is a neighbor and a citisen of this community, while the plaintiff is a resident of a distant state, prejudice you against the plaintiff?" was the way. In enTeot. tnat ir. roomi pui n. Mr. Belden would ask: Would the fact that one party to this suit is an ex-President of the United States, while the other Is a mere citisen, cause you to give more weight to the statements of, one side than to those of the other?" evea Veniremen Dismissed. ... ait . i w a n veniremen were dis missed for cause, two because they One of them said he could render a fair decision, "regardless of the evl j w iru , tr- aeomiwi stricken OODCn. AMD " . 1 " . dumb, an apparent victim of stage rngnu t v. Pnk.ir .s veara old. team- ster. said he lived in Ishpemlng. He ... ),. ollaireH libel took place In Ishpemlng would not influence him In forming an opuuuu. im. Innlr nnAn th. publication iHJ J WU juvn r of such a statement about .Colonel Roosevelt a. a Joke?" ' o, I WOUKl noi conawor u jvfc. r..nir.i hi Wlllla.ni P. Belden. counsel for Newett, Robear was asked: "Would the fact that the plafntiff has been the President f the United c--... . . vm anv different from whst you would feci if he were a plain citisen like Mr. Newettr "No. that fact would not anecc me. mva.. waiiM h. Influenced bv the fact that he has been President?" "No, sir." Right to Publish Bra us lit Out. Hue-o Krickson. of Ishpemlng. said he did not know the defendant; had no business or social relations with him. 'Would it make any difference to you that one party to this suit was resident or tne ttate oi .tew ion anu the pther a neighbor?" asked Attomey Poiind. "No." responded the wltriss. "If a newspaper declared that some one Is guilty of murder or burglary, would you regard It as a Joke or a seri ous matter?" Krickson thought It was serious. Attorney Belden asked if he had a preconceived opinion of the case. "No . came tne repiy. "Have you any prejudice aa to the right of a newspaper to comment on the actions of a public cnaracterr "No." Charles T. Rutledge. of Ishpemlng, son of a minister, who formerly lived in Ohio, said he was an automobile re pair man. He said friendship with the defendant would not bias his verdict. ' Colonel Roosevelt, sitting about 20 feet from the Jury box, listened atten tlvely to the examination of the venire men. T. R. Talks to Garfleld. Frequently ha leaned over to talk to James B. Garfield, who sat beside him. or, looking about the courtroom, noddedj to people oe reoognixeu. William J. Irving, a miner or Repub lic, near here, came to Marquette Coun ty from Armagh. Ireland, and is em ployed by the Cambria Iron Company, t developed under questioning by Mr. Pound. He does not read Iron Ore, the paper In which the alleged libelous editorial was written. "Have you any opinions which would prevent you from giving- a fair trial T" asked Mr. Pound. "I've made up my mtnd, yes, sir." "Challenged for cause," snapped Pound. 'Excused, said the court, and the miner departed. William Pryor. a clear-skinned young man In a business suit, thought he could be fair and that libel la a serious offense. Qaeatioa Brings Objection. Would you- have any hesitation in awarding satisfactory damages to a man If In your Judgment he waa li belled 7" Objection was msde by counsel for the defense that this was presuming a verdict of guilt. Pryor said he had no prejudice against the publication by newspapers or criticisms oi candidates for office. 'Tr against the characteristics, habits and conduct of candidates?" "No prejudice against such criticism." safd Pryor. Thomas Howard, a farmer, said he would award adequate damages if It was proven that a man was damaged by a libel. Office Weerid Make Difference. "Would the fact that the plaintiff had been President make you hesitate in giving Mr. Newett the verdict?" "Yes. it would." "Now. if Mr. Newett said the plain tiff was a drunkard, and Mr. Newett proved he was a drunkard, would you hesitate in finding a verdict according ly?" "No, I wouldn't hesitate then." William Stanaway, a clerk, was asked: "It has been charged that the plain tiff was an habitual drunkard, and the defense Is that the charge was Just lfled. Would you be able to give the suit a fair hearlngr Counsel for the defense objected to the question as being an lnoorrect statement, but Stanaway said he would give a fair hearing. W. H- Mathews, who described him self ss a "bottler of soft drinks." said he knew Mr. Newett. but "often they met but did not speak." Matthews thought he could try the case with fairness. C. B. Drlsroll. superintendent of con struction for a mining company at Negaunec, has known the defendant for to years. "You of course know H. O. Young?" asked Mr. Pound. "Yes." Dlsewsatoai Caaae for Dismissal. Mr. Young, a Republican, was until his recent resignation, member of Con gress from the Marquette district. Drlscoll was dismissed on challenge by Pound, largely because he admitted discussing the alleged libelous edi torial. John Veale. a ntghtwatchman. said he heard of the suit brought by Colonel Roosevelt, and that he had expressed an opinion as to the truth of the alleged libel. "You have, that opinion yet, haven't you?" asked Colonel Roosevelt's at torney. , "No. not now." "When did you lose It?" "Well. I may have expressed an opinion and didn't believe in It." "You read that article about Colonel Roosevelt?" "Yes, I did." "Did you form an opinion then?" "Yes. I did." Veale was excused for cause. Kxsxesaed Opinion Rejects. John I. Keeton, a clerk, had ex pressed an opinion, he said, but was not sure what it was. He was ex cused for cause. W. A. Wasmuth, a . beer salesman, came next. "You have taken sides about this question, haven't you?" asked Attor ney Pound. "No," replied Wasmuth. "You have no opinion one way or the other?" "No." "So you know Mr. Young?" "Slightly." "Do you want to sit on this Jury?" "It is a matter of indifference to me," replied the salesman. Robert Bruce, employe of a lumber company, said he heard of the charges about Colonel Roosevelt as published In the Iron Ore, but ho never read the editorial upon which the alleged libel is based. He said he knew of no rea son why he could not try the case fairly. Michael Hennessy, a farmer, said he had never heard any one express an opinion as to the falsity or truth of the editorial. He said he considered "Such charges serious If they were not true. None Aalc to Be Excused. Early In the night session. Judge Flannigan addressed the veniremen, saying: "From the time the jury is formed to the return of a verdict the Jury will be in close confinement, under guard of the Sheriff. Before counsel exercises any of their peremptory challenges I wish to ask if there Are any among you who are sick or whose presence at home for the next week or two is ab solutely necessary?" To which there were no replies. Samuel Grenfell and J. L. Waasmuth were excused on peremptory challenge from Mr. Pound. The defense excused George Williamson. HIUTANT PRISON Mrs. Pankhurst Locked Up for Another Period of Sentence. HUNGER STRIKE RENEWED Authorities Declare Suffragette Leader Has Recovered Sufficient ly to Servo Second Part of Three - Year Term. LONDON, May 26. Mrs. Emmellne Pankhurst. leader of the militant suf fragettes, is again In Holloway Jail. She was rearrested today, having. In the opinion of the authorities, suffi ciently recovered her health to war rant her serving another period of her three years' sentence. Mrs. Pankhurst declared vehemently that she would continue her hunger strike until she died, or the govern ment gave the women the vote. At the gates of Holloway Jail a score of militants tried to rush the prison. The House of Commons paused a new law this year known as the "Cat and Mouse" bill, permitting the prison authorities to release suffragettes suf fering from the effects of "hunger strike." and at the end of a short period to rearrest them without war rant and make them serve the re mainder of their original sentence. Mrs. Pankhurst's license released her for 14 days, but It was then extended In consequence of her feeble condition. ATLANTA POLICE IN ROW Rival Detective Agencies at logger heads Over Murder Case. ATLANTA. Ga.t May 26. There was no abatement today of the turmoil which has arisen in local political and police circles by the charge of bribe giving, graft and Incompetency In connection with investigation of the Mary Phagan murder case. Statements were issued by both factions. One of today's interesting develop ments was the publication of state ments indicating that two of the best known private detective agencies in the country were at loggerheads trying to solve the Phagan murder. It also be came known that the local" police offi cials have been seeking information from police departments from other cities for the purpose of discrediting the report here of one of the agencies. Both the Chief of Police and chief of detectives today declared their inten tion of making charges before the grand Jury next Wednesday that Mayor Woodward and Attorney Thomas B. Felder and others attempted to get possession of certain papers relating to the Phagan case held by the police. , Weather Cuts Prune Crop. . VANCOUVER, Wash., May 26. (Spe cial.) The prune crop this year prom ises to be at least three-quatrers of a full crop, says A. A. Quarnberg, 'dis trict horticulture inspector, who has heen makina- an insnection of or chards throughout Clark County. Tfce weather has not been ideal at all places In the county for a full crop, though practically all blossomed full. The temperature has been changeable and there has been much rain since, the blossoms came out, and this is not con ducive to a full crop. SEE THAT .CURVE Right Now TODAY If headaches follow reading, eye strain is the probable cause. fl You should consult us now and let our skilled specialists determine just what the trouble is. If, after a thoroughly accurate examination of your eyes, we find you do not need glasses, we will tell you so. Good optical work de mands high grade, compe tent, experienced men. jf You will find such men in our organization of op tical experts. ft We're upstairs; so were Franklin, Lincoln, Grant, and a host of other "good ones. " This is not conceit, but proves that the best isn't always the easiest to get at. ft Thompson Glasses cost $2.00 or more. THOMPSON OPTICAL INSTITUTE 2d Floor Corbett Bldg. Fifth and Morrison 1 Miss Viola Roseboro', Collier's new Story Editor, possesses the unusual faculty of choosing stories that thrill and happily entertain people. It this rare ability that won her the honored position, Official Critic of the Authors League of America. And it also led to her present con nection with Collier's Weekly. Miss Roseboro is no respecter of reputation. The most famous writer in America "has not the least assur ance his production will be accepted by Miss Roseboro. On the other hand, Miss Roseboro' readily accepts the writings of a man or woman she never heard of, pro vided the story, in her judgment, is of sufficient calibre. Be it remembered that Viola Rose boro' discovered O. Henry and Rexi Beach; that she brought to light Booth Tar king ton, Myra Kelly, Arthur Train, Stewart Edward White, Mary Stewart Cutting and Josephine Dodge Daskanv Below are briefly set forth the stories Miss Roseboro has chosen for this week's issue of Collier's. She regards them as exceptionally good. And we believe you will agree with her. In case you are not ayearly sub" scriber to . Collier's, ask your news dealer for this week's issue. It is out today 5c The Joke on the High Constable By Francis G." Burrows. Maybe you think it has become so that all Christmas stories. Thanksgiving stories, Decoration Day stories, etc are bores, but the High Consta ble will show you thai you are wrong. He is not wax-works made for the occasion; you will like him while you laugh at him, and love him when you stop laughing, and at last get warmed up to forget what you ought to forget on Decoration Day, and to remember what should be remembered. His Last Argument By H. H. Herr. Given a determined man and a burning cause when words have failed to win a victory, what form will argument next take) Will he rely on action or on illus tration? Or will it be on both? Bradford, of the Morning Chronicle, simply had to win his last argument. You will like his choice. Sending a Boy to Mill By C oTshpj; ard. Some happenings are such essential ly good stories that everybody who hears of them tells them again, and they get handed down in families, and become part of the program when one yarn is being matched with another. "Sending a Boy to Mill" is just one of these; a story, but not "fiction'; a happening, not dressed up and filled out, but told as the members of the Loyal Legion tell such heart-warming good jokes to each other.. The Story of a Modern Marriage By Emily Calvin Blake. Does the mod ' ern woman make a success of marriage ? Can she combine the pursuit of a profession and the rearing of children? Must she choose between work and matrimony? One woman solved the problem. Her account of the way she did it will interest both women and men. 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C Seacfarest, General Ascot Passenger Department i BACK EAST LOW FARE EXCURSIONS Enjoy an unusual vacation where seashore and city attractions combined are at your door. The maximum vacation life for the minimum of cost I 1 ii n ai. mi - A iH V: