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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Sept. 28, 1920)
TTIE MORNING OREGON! AX, TUESDAY. . SEPTEMBER 28, 1930 13 RESTRAINING Danger of Monopoly Too Great, Says McCourt. CITY'S SUPPLY INVOLVED Conrt DiMrolres Temporary Injunc tion Against Distributors nd Others. Under the new "iron-clad" market ing agreement signed by membera of the Oregon Dairymen's Co-operative league since last June the possibility of a dangerous monopoly controlling the supply of milk in Portland is Been by Circuit Judsre McCourt. who denied the league a restraining order yesterday against the campaign of local milk distributors and the Nes tles Food rroducts company, and va cated a temporary, injunction which had been granted. "The acts of the officials of the league, done in an effort to compel an increase in the price of milk, in dicate the possession of a power and control that might be exercised In-' Juriously to the public interest and the public good," commented Judge McCourt in his opinion. In effect the jurist held that the old system of co-operative market ing carried on by the league brought all the beneficial results to league members of the new contract agree ment without the danger of a dicta torial monopoly. With their former arrangement, producers were able to stabilize milk prices and to secure a fair price, yielding a reasonable profit and en abling him to continue in business, pointed out Judge McCourt. "It would appear that the result claimed is all that could be desired 8'id that restraint of trade beyond what was necessary to produce that result would be unnecessary" and therefore unreasonable." he continued. "The marketing agreement with its fines and penalties and forfeitures and exclusive marketing privileges over a long period, was not present in the former organization; the re sult to which the producers wVre en titled was secured without it." ReNtraJnlni; Order Vacated. The court held that before granting an injunction "tne court ougnt to De fully satisfied that some right is bout to be destroyed or irreparably lost." "It is not necessary," the court fur ther held, "at this stage of the case to determine the validity of . the plaintiff's marketing agreements. The purpose of the court in this opin ion is to declare the rules of law ap plicable to such agreements and to reserve that decision until the final hearing of the case." The temporary restraining order vacated yesterday was granted in August on the application of the league in an action begun against 11 milk distributors of Portland, the Nestles Food Products company, Frank S. (Jlass, representative of the Nestle company; A. M. Work, man ager of the Portland-Damascus Milk company, and C. M. Gregory, publicity man for the distributors. The con troversy began in July when the league announced an increase of 40 cents per 100 pounds in the whole sal price of milk, making the mar ket price $.1.60. The plaintiff Insisted that the acts of defendants In advertising and pub licity calculated to encourage mem bers of the league to break their contract rights under the marketing agreement. The defandants main tained that their acts did not const! tute Interference, and that the mar keting agreements unreasonably re strained trade, and were therefor against publio policy and void. Leafrae Membera United. The Judge called attention to the fact that the league in a sense was a competitor of the distributors, as many league members have been de livering milk direct to consumers for years. When league members ceased to deliver milk to defendants o threatened to do so because of con trol exerted by the league pursuant tn. the marketing agreements, this furnishes the distributors some ex cuse for attempting to Induce breaches of these contracts, but not complete justification for such action, Vi held "However, they may properly be taken into account tn determining whether a temporary injunction should be granted." he said. "Par ticularly Is this so where not one of the more than' zuuo contracts nns been violated as a result or aeiena nts' efforts, but on the contrary league members on the whole have become stronger in their attachment to the organization. Common Law Applied. Oregon happens to be one of the few states which has no statute pro hibiting contracts or agreements in undue restraint of trade, and Judge ?.fcCourt applied the common law rule In his opinion. "The contracts under consideration do not effect a complete restraint of the trade of the parties thereto, but only a partial one, and if such trade was wholly restrained it would not amount to a monopoly, as others are engaged in the same trade and pur suit. "By the marketing agreements un der consideration over 2000 competi tors have individually covenanted with each other, and with the plain tiff, to place in the control of five of their number all of the milk pro duced bv them for a period of 5V4 years. Thereby control has beenj given of 70 per cent of tne mllK supply of a city of 300,000 inhab itants for the period mentioned, and competition among members has been liminated. Monopoly Too Great. "The entire income of the parties la given into the hands of the execu tive committee with the power to retain and apply a large part thereof before making returns to the pro ducers. Indirectly this control ex tends to the capital of the producers including their herds, farms and equipment, which in the aggregate amount to more than $5,000,000, and also the labor of the producer and members of his family. "it Is true that the plan of the organization was submitted to the director of the bureau of organiza tion and markets of tne Oregon Agri cultural college, and received his tacit, it not express approval, and that the purposes of the producers In becoming members thereof were honest and intended by them to pro mote and preserve their respective ln i.r..i hut rood intentions and good purposes do not relieve a contract of invalidity lr us rem " unduly restrain trade; the validity of such a contract Is to be determined not by what has been done underwit, but by what may be done under it." Reaannable Profit Eipertfd. It is a well settled general rule that combinations among agricultur ists or stock raisers are entitled to no greater privileges than combina tions among any other class of people, pointed out Judge McCourt. 'Co-operation among .persons en gaged in the same trade, calling or industry is natural and necessary, and indeed cannot be prevented, and when confined to proper limits results in profit to those co-operating and ben efit to the public served by them. Human nature, however, is the same whether to individual on the farm. In the counting house or in public office; the power and opportunity to oppress cannot Bafely be entrusted to him in any case. "Agriou ltnral producers until lately have insisted upon the strict enforce ment of laws and statutes against combinations in restraint of trade. There is a wide field for co-operation in the production and marketing of milk short of a control that oppres sively and injuriously affects the public. There v is room in that field for activities that will secure for the producer a fair and profitable price for his product and yet not fall under the ban of the law." in conclusion, the judge commented: "However, the marketing agreements constitute the chief component of a combination possessing powers which. If aided by the injunction prayed tor by plaintiff mighft result in an un reasonable restrain of trade that. without such Injunction, would not arise. In these circumstances the re strictions upon trade provided by the parties to the combination should not be supplemented with the strong arm of equity by the issuance of a tem porary Injunction." - MILK COMMISSION IS NAMED Dairymen Declare Middlemen Get 100 to 100 Per Cent Profit. SEATTLE, Wash.. Sept. 27. (Spe cial.) When the citizen of Seattle buys milk by the bottle he is paying 100 per cent more than it costs to pro duce. When he buys a glass of milk In a restaurant he is paying 300 per cent more than the dairyman sells his product for. The public pars from 100 to 400 per cent profit to the middleman for all the milk that it drinks. These were 'the charges leveled at the distributors and restaurant men today by J. A. Scollard. spokesman for the United Dairymen's association, who appeared before Mayor Caldwell with a plea for arbitration in the fight between the shippers and the distributors. A commission of three disinterested men was appointed by Mayor Caldwell following the conference. The com mission of experts will analyze the present situation and act as a board of arbitration. The esperts appointed include Jo seph Passonneau, director of farm markets, State Agricultural college, at Pullman; A. R. Priest, head of the civic bureau. Seattle chamber of com merce, and F. K. Smith, chief food and dairy Inspector for the city health department. Seattle retailers issued an ultima tum last week that the increase of 50 cents a hundred pounds of milk, asked by the dairies, would not be accepted. LEWIS LEADERS ELECT HEAD OP REPUBLICAN' COM MITTEE IS" V. Ii. BEVlXtiTOX. L. Voorhies of Chchalis Chosen Secretary; J. M. Benedict of Centralis Treasurer. CHKHAL1S. Wash.. Sept. 26. (Spe cial.) V. L. Bevington, a prominent farmer of Union precinct, adjoining Chehalis on the south, yesterday was elected chairman of the Lewis county republican committee. K. L. Voorhies of Chehalis was named secretary and J. M. Benedict of Centralia, treasurer. There was a good attendance of re publican precinct committeemen and the meeting was harmonious through out. The executive officers of the party were named as recommended by the candidates chosen at last week's primary. J. E. Leonard called the meeting to order. Mrs. C. E. Prince was secretary. O. J. Albers of Chehalis was re elected state committeeman from Lewis county and will attend the meeting in Seattle Thursday. Party headquarters will be opened imme diately in Chehalis for the campaign by which it is expected to elect every candidate on the republican ticket. Lewis county democrats today elected Don G. Abel, a young Che halis attorney as chairman of their organization. F. C. Kdmlssion of Cen tralia as vice-chairman. Mrs. Cora Black of Centralia, secretary, and Clark R. Jackson of Chehalis, treas urer. J. H. Roberts of Centralia was chosen state committeeman. Don G. Abel, A. E. Judd of Chehalis and Thomas McCleary, postmaster of Cen tralia, were designated executive com mittee to handle the coming campaign. WOMEN PREPARE TO MEET Delegates Arriving in Vancouver Tor V. C. T. V. Conclave. VANCOUVER, Wash.. Sept. 2". (Special.) Delegates to the state convention of the Woman' Christian Temperance union, began aruvlng this afternoon for the sessions Tues day and Wednesday. The convention meetings will be held in the First Methodist church. Mrs. Mary HarrisAmor, a speaker of national reputation", spoke in the First Presbyterian church tonight. She will speak again Tuesday even ing. - The convention will begin its more important business tomorrow morning at 8:30 o clock, and at 6 o clock Tues day evening, a fellowship dinner will be a feature. i Charge Purchases Made Today Will Go on October Accounts Payable Nov. 1 Electrolysis the most successful method of removing superfluous hair from the face, where the growth is a blemish or produces incon venience. Our expert operators thoroughly understand this work. For further infor mation visit the Beauty Parlors, 2d Floor. The Standard Store of the Northwest Olds, Wortman & Kin: Reliable Merchandise Reliable Methods 1000 Trading Stamps given to every purchaser of a Hoover Electric Cleaner. Buy yours at this store and get the benefit of this cash saving. 1 Tuesday Notes of Interest at the Standard Store ELKS TO START DRIVE Money to Be Raised for Benefit of Salvation Army. LEWISTON', Idaho, Sept. 27. (Special.) Under auspices of the Lewlston lodge of Elks, the Salvation Army drive will be conducted the week of October 7. Dr. J. F-. Atkin- Bon, past exalted ruler of the lodge, will be chairman of the Nez Perce county committee and V. A. Noel will be secretary and treasurer. Nez Perce county's quota is $4255. Every New Style Feature is Presented In Our Showing of Fall Suits No expense has been spared to uphold our reputation of being the leading style store of the northwest, our present showing of Women's Suits being without- question the finest collection in these parts. Whether your taste is for the plain tailored styles or the more elaborate models trimmed with embroidery or fur, you will find here a pleasing style at the price you have in mind. Suits of Tricotine, Serge, Silvertone, Velour, Duvet de Laine, Yaluma, Chiffon Velvet, Evora, and many other fabrics which are so popular this season. The prices range from $39.50 to $275.00. Suits at $45.00 Women's Suits of navy blue Tricotine. Attractive model with box plaits in back and flare peplum trimmed with rows of buttons. Smartsuits for all occasions. Convertible collar and tailored cuffs. Shown (j4 (T Cf in sizes from 16 to 44. Moderately priced at v)JJJ Suits at $49.50 Women's new Fall Suits of high-grade silvertone material one of the season's most desirable fabrics. Shown in rich autumnal browns and blues. Coat has inverted box plaits in back and flare peplum QA Q r A trimmed with tucks and buttons. Priced at IVi7efcVF Suits at $57.50 Women's new Fall Suits of wool velour. Smart plain tailored model with ripple peplum embroidered in fancy design. Narrow belt, -convertible collar and tailored skirt. Shown in reindeer, French blue and CJP7 fs navy. Beautifully tailored. Priced at only I OU Suits at $68.50 Women's new Fall Suits of velour in brown, navy and dragon blue. Coat in box effect, fastening with one large, button. Narrow belt, trimmed with rows of novelty stitching and slot pockets A very IIQ CA attractive style. All sizes. Priced at only tDOO.OU We Show a Complete Line, of the Celebrated Phoenix Hosiery Phoenix Hosiery is known all over Amer ica and is one of the most widely distributed makes on the market. In co-operation with the manufacturers we shall feature a spe cial showing of Phoenix Hose all this week. Some of the Popular Numbers Phoenix extra quality silk hose with lisle tops the pair Phoenix serviceable 6i'.k hose with lisle tops. Priced, the pair Phoenix serviceable silk hose with wide ribbed tops the pair Phoenix all-silk hose with lisle Mem. All sizes the pair Phoenix Richelieu ribbed silk QO JC hose with lisle tops the pair 50.frO Silk lisle hose at 80 and 93 the pair. S2.60 S1.80 $2.15 S3.05 $2.50, $3.00 Silk Hose at $1.95 $1.75 Silk Hose Special at $1.25 Center Circle, 1st Floor Women's full fashioned pure thread silk hose in one of our best makes. Lisle reinforced heels, soles, toes double garter welt. Black, white and colors. All G" Qp? first quality. $2.50. 53 grades J-.ieJ Bargain Circle, 1st Floor Women's brilliant silk hose of first quality; rein forced heels, toes and wide garter tops. Full line of sizes in black and white also a few good colors. Q" OK $1.75 hose special the pair wltttO WOMEN'S $2.00 extra quality thread silk hose with lisle heels, Q-f Q toes and tops. Black, white and colors. Priced Special the pair D-I-v)cJ tfi Si Hi Home Needs at Special Prices This Week Bath Towels Reduced Main Floor Best quality Bath Towels in all weights and sizes on sale at re duced prices this week. Now is the time to replenish -your needs. 86c to $1.75 towels at 65 to $1.50 OUTING FLANNELS, good heavy grades, priced special 35, 45 yard Sheets and Pillow Cases Bleached Sheets of good firm qual ity. Full 3 yards long; spe- (PO Ck( rial. Housekeepers' Week tD.IU Hemstitched Pillow Cases, size 45x36 inches; special, each Bleached Pillow Tubing, 45 rn inches wide; special, a yard Ovrl 75c Comforter Batts $1.75 Wool-finish Comforter Batts in the full comforter size. These are of our best quality. Specially priced for this week, each Bleached Indian Head mill-end pieces, but standard 36-inch OQ width. Special per yard -Ot $1.75 jut icgy Sale of M.J.B. Coffee 4th Floor We are pleased .to an nounce a substantial reduction in the price of M. J. B. Coffee. New style cans, vacuum packed to preserve its freshness and aroma. None better. 1 Pound Cans 49c 3 Pound Cans $1.41 5 Pound Cans $2.30 Pie Filler 35c Pkg. 4th Floor Mother's Lemon Pie Filler pure, wholesome, easy to prepare and economical. See demonstration at Cerax booth in Grocer Depart ment. Price 35 the package. New Dates New shipment of Dromedary dates just received. Delicious. 25 pkg. Curtain Sale -Third Floor $2.75 voile curtains with fancy medallion edges. Pair $3.00 voile . curtains. special voile special voile special Priced $3.50 Priced $4.00 Priced the pair curtains, the pair curtains, the pair S2.35 S2.60 S2.95 S3.40 89c Draperies Regular $1.25 art cre tonnes. Priced special the yard Regular $2.50 double-faced Terry cloth in pretty patterns. CJO ff Priced special the yard 5-.vU $3.00 colored drapery J0 A (T 50 inches wide. Yard 5tO $1.25 colored madras; 36 QQ inches wide. Priced the yard "OL s tfi Hi tfi ifi IS The campaign committee will be head ed by J. M. .Gilmore. ana members are Dr. P. T. Harris, B. F. Savage, F. "W. Straw, Lea McCarthy, William Echter- nach, E. M. Enrhart and C. r . Osmers. The advance gift committee com prises J. M. Gilnre, E. M. Ehrhart. F. W. Straw; county sub-district com mittee, V. A. Noel, B. F. Savage, J. M. Ciilmore and C. F. Osmers: publicity committee, B. F. Savage, V. A. Noel, Dr. F. T. Harris and William Echter nach; speakers' committee. Dr. J. F. Atkinson. Leo McCarthy, J. M. Gil more andi' K. M. Khrh,art. SNAKE RIVER FISH PLENTY Seiners' Daily Catch, Xcar Lewis- ton, Averages 500 Pounds. LEWISTON, Idaho, Sept. 27. (Spe cial.) Salmon fishing in the Snake river near this city has grown into a profitable business during the past few years, and the present season is the best the seiners have had. Since the season opened September 5 the daily catch has averaged 500 pounds a day. Local markets are handling most of the product, and home canning of sal mon is growing in favor. The fish average about ten pounds each and some have been caught this season which tip the scales at SO pounds or better. Kelso Charch Has Harvest Services. KELSO, Wash.,' Sept. 27. (Special.) The I'resbyterian church held its annual harvest home services Sun day, which were attended by large congregations. The church was beau- ASK. FOR and GET n ft The Original Malted fVSilk for Infants and Invalids Avoid Imitations and Substitutes w s 7 f . 3wi. L -W- - -3L The Joy Of A Perfect Skin ,K Know the iov and 'iK happiness that comes t ro one tnru possessing Ja skin of purity and beauty. The soft, dis tinguished appearance it renders brines out your natural beauty to its fuU est. In use over 70 years. win Kill That Cold With FOR Colds, Conghs CASGARA QUININE AND La Grippe Neglected Colds are Dangerous . Take no chances. Keep this standard remedy handy for the first sneeze. Breaks up a cold in 24 hours Relieves Grippe in 3 days Excellent for Headache Quinine in this form does not affect the head Cascara is best Tonic Laxative No Opiate in Hill's. ALL DRUGGISTS SELL IT tlfully decorated In grain, fruit and vegetables for the occasion, and Rev. R. A. Walmsley. pastor, delivered a sermon whose keynote was the har vest season. The fruit, canned goods and vegetables that composed the dis play, which would be creditable at any fair, was auctioned off this even ing for the benefit of the Presby terian orphanage. Snow Falls in Blue Mountains. WALLA WALLA., Wash., Sept. 27. (Special.) Half an inch of snow fell Saturday at Toll Gate, on top -of the Blue mountains. THIS LITTLE HOLDS WOW REAL UK JO Went to Work at N. P. Ii. R. ""Shops and Has Remained There Ever Since,Despite Difficulties Praises Tanlac. Miss Josephine Schoesser, residing at E. 3111 Thirty-fifth Ave., Spokane, has demonstrated during the . past three years that when called upon a woman can hold down a "man-size Job." When the labor situation became so acute during the war this plucky little woman went to work as oiler in the shops of the NortlTern Pacific railroad. That she "made good" is evidenced by the . fact that she-still holds her position in a most com mendable manner. And Miss Schoes ser has worked continuously in sp'te of the fact tbat her health has not been good. She is a member of Main tenance of Way Union No. 10S. She made the following statement a few days ago: "I believe If I had taken Tanlac sooner I would have been able to work still harder, because since I began taking this medicine I have gain'ed twelve pounds, my strength has been increased wonderfully and I have been relieved of a case of stomach trouble that has bothered me for a long time. "I had to be very careful of what I ate. Most of the substantial foods would upset me, cause gas to form on my stomach and my heart would palpitate so .fast it frightened me. At times I had such severe smother ing spells I could hardly get my breath. I often had sharp pains in my stomach and attacks of headache that nearly drove me distracted. Sometimes such severe pains would attack me between ymy shoulder blades that it hurt meto move my arms. My condition was getting worse all the time and it looked for a while like I was going to have to give up my position, and I don't be lieve I would be at work now if it had not been for Tanlac. "I have taken six bottles of this medicine and my stomach trouble has been entirely overcome. I have a splendid appetite now, and can eat anything I want without the least discomfort afterward. Gas no longer forms on my stomach, and the heart palpitation and smothering spells never trouble me now. I never have a headache now and I sleep like a child all night and when morning comes I feel ready for my day's work. I shall always feel grateful for the wonderful good Tanlac did me." Tanlac is sold in Portland by the Owl Drug Co. Adv. Their Medicine Chest For 20 Years IT is characteristic of folkg mft-er they pass the allotted - 4threo score years and ten," to look back over the days that are gone and thoughtfully lire them orer. I find myself, at seventy-one, frequently drifting' bark a quarter of a century, when I see navself in the little drug store I owned at Bolivar. Mo., making and selling a vegetable compound to my friends and customers what was then Vnown only ss Xr. Lewis Medicine for Stomach, Liver and Bowel Complaints. Por manryeafs while I was perfecting my formula "I studied and investigated the laxatives and cathartics on the market and became convinced that their main fault was not that they did not act on the bowels, bat that their action xras too violent and drastio, and upset the system of the user; which was due to the fact that they were not thorough, enough in their action, some simply acting oa the upper or small intes tines, while others would act only on the lower or large intestines, and that they almost invariably produced a habit re quiring augmented doses. I believed tbat a preparation to produce the best effect must firt tone the liver, then acton the stomach and entire alimen tary system. If this was accomplished, the medicine would produce a mild, but thorough elimination of the waste without the usual sickening sensations, and make the user feel better at once. After experimenting with hundreds of different compounds, I at last perfected the formula tbat is now known as N atari's Pemtdy, which X truly believe goes further and does more than any laxative on the market today. The thousands of letters from users have convinced me I was right, and that the user of Natars's Remesy as a familv- medicine, even though, he may have used it for twenty-five years, never has to increase tiio dose. JSr knowledge of medicine and the re sults of Its use in my own family and amcngxny friends, before lever offered it f-r sale, caused me to have great faith ia future's Remedy from the very first. And nOTvas I find myself nearintr the age vrh.cn I must bow to the inevitable and go to another life, my greatest pleasure is to sit each day and road the letters tuat each mail brings from people as old or older tiian I, who tell of having Used tUturt's Remedy for ten, fifteen and twenty years, end now they and their children and grandchildren havo been benefitted by it. It is a consoling thought, my friends, for a man at my age to feel that aside from lis own success, one baa done something for his fellow man. My greatest satisfac tion, my greatest happiness todsv, is the knowledge that tonight more than ene million people will take a Nature's Rmtetfy (NRTsbW) and will be better, healthier, happier people lor iU X hope you will be one of them. A. H. LEWIS MEDICINE CO., ST. LOUIS HO. SMITH. FALL. OUT. CAM.