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.
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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.
THE NATIONAL WEEKLY
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