Morning Oregonian. (Portland, Or.) 1861-1937, July 17, 1912, Page 5, Image 5

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Theatrical Manager Declares
in Suit That Injustice Is
Being Done.
Independent Movement Takes Form
at Psychological Moment and Is
Welcomed Validity or Pat
ents Is Questioned.
NEW YORK. July 16. Aliasing that
10 of the biggest film manufacturers
had banded together to restrict trade
and drive others out of the business,
the Greater New York Film Company,
headed by William Fox, a theatrical
manager, has begun suit in the United
States District Court against the com
panies, charging they are a combina
tion in restraint of trade.
The suit will be heard before a spe
cial examiner.
"The suit of William Fox against the
General Film Company." said Melvln
G. Winstock. general manager of the
People's Amusement Company, "on the
ground that It i a trust and In re
straint of trade. Is an Important one,
and is a move that has been expected
for a long time.
Wheels Revolve Within WheeU.
"The Patents Company is composed
of 10 film factories. This concern at
tempts to license the exchanges and
also the theaters. The General Film
Company is composed of the Bame 10
film factories, and this latter concern
acta as a distributor. If you do not
do as the Patents Company tells you,
you can't run the stuff distributed by
the General Film Company, and that
is the little wheel within a wheel by
which almost every decent exchange
la the United States was forced to sell
at to the General Film Company. Hav
ing both these ends in control they
now seek to get Into the exhibitor's
end of it by taxing him practically out
of all his profits by way of rentals,
thus making every branch of the in
dustry pay undue tribute to the picture
"Ever since this company has been
buving out exchanges and, with the
connivance of the Motion Picture Pat
ents Company, threatening to cancel
exchange licenses if the exchanges did
not sell out to the trust at the trust's
own price. It has been doing business
In restraint of trade and the General
Film, composed of the same men who
own the Patents Company, has borne
heavily and unjustly down on the
exhibitors. Through Alleged patents,
the validity of which are questioned
in the highest courts in the land, they
have attempted to license or not license
theaters, and they have put in force
rules and regulations arrogating to
themselves almost governmental pow
ers. Exclusive 1m Oemaaded.
"They have attempted to compel
theaters to use their goods exclusively,
and failure to comply with this rule
meant an absolute withdrawal of their
Mm. As far as our own. the People's
Company, is concerned, they have con
tinually discriminated against us In
programmes and prices, and many
times have given our smallest competi
tor a better programme and a cheaper
rate than we paid because we had to
use their films In all of our theaters
or none, for that was another of their
rules, an exhibitor could not run their
Alms in some houses and Independent
dims In others.
"The People's Amusement Company
Is the biggest single renter of films In
the United States and thou: we have
paid this trust nearly $500,000 in film
rentals since the organization of our
company, we got smaller considera
tion than did a man who had a theater
In Goble and paid them 20 a week.
"We have been awaiting an oppor
tunity for a long time to go indepen
dent. The psychological moment ar
rived recently, when there occurred a
break In the ranks of the independent
distributing forces. We sent our -ep-resentatlve
East and, finding It possi
ble to secure an exchange franchise, a
few Portland men not officially con
nected with the People's, but some of
whom owned stock therein, formed a
corporation with a capital stock of
(50.000 and started an Independent ex
change under the name of the Film
Supply Company of Oregon. Its first
and biggest customer was naturally the
People's Amusement Company, but
since the new exchange opened a few
davs aso applications for service have
been coming in at a greater rate than
even the company can possibly sup
ply and there is no doubt whatever
that the exchange will be a complete
F.ihlhltor. Caale lidfr Conditio?-.
"There are few exhibitors in the
. land who do not chafe under the in
equitable and unjust exactions of the
General Film Company, and It only
needed somebody with the proper cour
age and capHal to lead the revolt.
"As Oe general manager of the Peo
lle" for m-rc than a year I have been
watching the quality of the films
turned out by the independent facto
ries, as lias our hoard of directors, and
they content to the change of servio.
for our company only when we were
satisfied that the independent concerns
were turning out Just as good pic
tures as the trust. There is not an
unprejudiced critic in the land who
will not say that in many respects to
dav the independent concerns are is
suing and producing even better pic
tures and those which appeal more to
the common people.
"Mr. Fox will win in his suit, be
cause his cause is Just. There are
cood trusts and bad trusts, but a com
bination such as this, which seeks to
throttle the very existence or the ex
hibitor, who does all the battling and
Btruerline ar.d who today has done
wonders in fixing the high standard of
this f irm of entertainment, should be
either properly regulated or sup
Multnomah County Folk Get Cer
tificates of Instruction.
SALEM. Or.. July 16. Announcement
was made today by State Superintend
ent of Public Instruction Alderman that
SO teachers of Multnomah County were
successful in passing the recent exam
inations. They are:
One-year papers Maud Mlckel. Elsie
Chrlstensen. Sister Mary Oliver, Mar
garet Monroe, Rowena Arthur, Sadie
McKenzie. Bonnie I Williams. Barbara
Hoch, Anna L. Dudley. Sarah K. Tousey,
Elizabeth Oonover, Lydia Villineuve, H.
C. Anderson. Ethel Irene Calkins. Elea
nor Iorns. Sister Mary Benildls. Wil
liam H. Blood. Paul H. Sieg. Elsie K.
Lathrop. Letha S co bee, Florence I
Johnston, Lola E. Herald, Hulda M.
Kehrll. Alice M. Wheeler, LetUe H. Os
born. Lois McQuald, Stella A. Pennick,
Margaret K. Shantln, Ida May Johnson,
Alice B. Mclntyre. Lynette Fitxwater,
Clara Young. Lena Oilman. Jeanette
Roberts. Lula Wilking. Laura Thomp
son. Edith Bailey, Dorcas Ehdln. Alta
ririell. Helen Grace Abbott, Alice
Huirhes. Mary Sunderland. Ethel N
Johnson. Pauline Elliott, Margaret
Hammar, Mrs. Elsa Knowlea, Dorothea
Pike, Grace Frost, Katnerm JrTuman.
Edna Mae woit, emner ivate wiest.
Althea Hambree. Eva M. Boldman, Flo
rence Helen O'Bnen. Adrlanne McDan
iL Beatrice D. O'Brien, Bertie Nelll,
Gladys Lanthers. Ada Osfield, Ethel
Bryan. Laurose Bailey, Anna M. Green,
R. H. Searle, Mrs. Mary Stelneker, Ber
tha F. Arndt. Minnie B. Kearns, Flora
McNiven. Elizabeth Canning. Elmer
Ray Jones. George W. Metzger, Myrtle
Jenrles, Lrrace r. favics. wi.u raraer,
Helen MrSullivan. Frances M. Hughes,
Frances Potter, Bertha S. Stocks.
LJfe certificates Sister Teresa of the
Cross. Margaret Borboree, settle Rankin.
Otto Pence, "Who Wounded Herman
Emery, to Face Charge of As
sault With Revolver.
Though admitted to be Insane. Otto
Ward Pence, who shot Herman P.
Emery at the stage door of Pantages
Theater, July 10. must face a criminal
charge of making an assault with a
dangerous weapon. . This action was
decided upon by Deputy uisinci At
torney Fitzgerald yesterday, when
steps were taken to have the man re
leased from the County Jail, his victim
being on the road to recovery.
"I am going to make good and sure
that this man dses not try to kill
anyone else in Oregon." said the
ft had been proposed to turn the
demented man back to the custody of
the authorities at Steilacoom insane
Asylum, but this action is opposed by
the District Attorney.
"What assurance have we that he
will not be turned loose again, like he
was before, and come back nere to
murder someone T' demanded Fitz
Pence was released irom tne asyium
two davs before the assault, upon the
representation that he would be taken
back East, and his mother, who lives
in Tacoma. gave a bond to insure this
action. Instead, he came here, acquired
an Imaginary infatuation for a woman
performer at the theater, wroteher 11
letters in one day, and when denied
admittance to the stage to see her,
shot Emery as he tried to stop him.
The wound was at first thought fatal,
but Emery Is now recovering.
Pence will be held under the criminal
charge, and will not be released until
th authorities are shown beyond all
doubt that he will be kept restrained
as his condition demands.
Physician Thinks Spinal Injury Was
Caused by Shock to Mental or
Physical Condition.
ti.. nf W Vf. Jones, owner of
the skating rink and of the. "Old Mill"
concession at the Oaks, who was para
lyzed wnue swimmins " 1110
Monday night. Is proving a puzzle to
his physician. Dr. Frank M. Taylor.
a.,.. f tht vind are seldom en
countered. Suddenly, without a mo
ment of warning. Mr. jones oecame
paralyzed frqm the shoulders down
ward, and is still in that condition.
Just what injury Jones sustained is
now the object of inquiry. It was
evidently the spine that was hurt, but
If caused by coming In violent con
tact with any part of the tank, there
are no marks to show it. Neither has
Mr. Jones any recollection oi sucn an
Mr Jones leaped Into the big tank
Monday night, and that is all he re
members. He became helpless In the
water, but he made no outcry, and no
body noticed his condition at first.
Then he was seen by William aimer,
an attache of the bath house. Miller
thought Jones was acting strangely,
and rescued him as he was sinking the
third time. Mr. Jones was taken to
the Good Samaritan HospitaL
A severe shock caused by some men
tal or physical condition, is thought to
be responsible for the Injury to the
spine, though another theory is that
le may nave Dent ni
lown beneath him when he struck the
water. ... .
Mr. Jones is married, and lives at
Eighteenth street north. His le
covery is doubtful. -
Oregon Bankers Have Donated Large
Sum for Trophy to Be Shot for
Under Special Rules.
i -iM. onri revolver com-
netitlon of the Oregon National Guard
will oe neia on m """" . ,
near Clackamas, August 12-lo. A lars
number of prizes and medals will be
given for the Best snots.
The commanding officer of each reg
, - Hi -a .asm if four men and
i nit; n i bvuu IV. -1-
one alternate, to be selected from the
commissisoned ana ooii-coniiuu..
officers. From each company of In-
. . K..lanne onmnnnv and divis
ion of 'the Oregon Naval Militia a team
of four men and one alternate will be
chosen by the commander.
t. i. ..tA th,t nil members Of
teams shall have performed 75 per cent
or tne military amy, nuun
drills, encampments and other duties
oi a similar nature, uuniia
they have been members of the organi
n.nn.ta imm t nm mand i n g of
a K. . Aa tn tVlA OfTiCA Of
Adjutant-General Flnzer not later than
August 8, showing the names ana ran-,
of the members of the various teams.
A prize of between 1600 and $600.
given by the bankers of Oregon, Is an
nounced by Colonel John M. Poorman,
of the Third Infantry. This Is to be
A "TI. . CnlrAva Trftuht-" And Will
le shot for under rules and at a time
to be announced later.
West Sanctions Extraditon. r- t 11 w- i fi 1
Extradition papers were granted by
the executive oixices yesteraay tor o.
B. Deniell. who Is wanted in Portland
for larceny of an automobile. He is
now In Canada. This is the first inter,
national extradition which has been
Issued since Governor West took of
fice. The machine was the property
of the Pacific Auto M---c racing
Commissioner of Corporations
Will Cast Fortunes With
New Third Party.
Retiring Official Said to Have Ad
vised Colonel of Intended Move.
Letter to Taft Discusses
Issue Frankly.
WASHINGTON. July IS- Herbert
Knox Smith resigned today as Com
missioner of Corporations to Join the
forces of Theodore Roosevelt and the
new third party. He will be succeeded,
in all probability, by Luther Conant,
Jr.. of Brooklyn, N. T., the present
Deputy Commissioner of Corporations,
who is described as a distinctly Ad
ministration exponent. The change will
become effective on the close of busi
ness Thursday, July 18.
Mr. Smith will go to New Tork for
a conference Friday with Colonel
Roosevelt, when his political plans will
be mapped out. He probably will take
an active part in the campaign, dis
cusssing corporations, with particular
reference to the Sherman anti-trust
law. He admitted that he advised the
ex-President of his contemplated ac
tion and tentatively discussed the fu
ture at his conference last week with
Mr. Jtoosevelt.
Mr. Smith declined to discuss his of
ficial relations with President Taft, al
though he added his silence was not
necessarily to be Interpreted as mean
ing that his official conduct had been
restricted through a disagreement of
A close personal friend of Colonel
Roosevelt, Mr. Smith was a member
of the "tennis cabinet" during the pre
vious administration. His friends assert
that the Commissioner was displeased
by the publication in the pre-conven-tlon
campaign of the International
Harvester correspondence, in which
Mr. Smith's letters to President Roose
velt against the prosecution of the cor
poration under the Sherman anti-trust
law at that time figured prominently.
In his letter of resignation Mr.
Smith frankly advised President Taft
of his intention to Join the new party.
He said:
"I have the honor to ofTer hereby my
resignation as Commissioner of Cor
porations In the Department of Com
merce ard Labor, to take effect at the
close of business July 18. 1912.
"I do so because I Intend to support
the progressive movement and the new
progressive party. That movement In
cludes the principles that I believe in
and that I have earnestly tried to fur
ther so far as I could during my term
of Federal service.
"I feel that the new party repre
sents these principles more directly
and with more promise and power of
performance than either the Repub
lican or Democratic parties.
"I trust that you wilt pardon this
expression of my personal views; it
seems only courteous that I should
state to you the reasons for my action.
"I wish to retire from office as soon
as practicable and I believe that by
July 18 1 can so close up my otricial
work as to leave the work with no sub
stantial lapse in its operations."
Mr. Conant, the probable new Com
missioner, was born in Acton, Mass.,
39 years ago. He was connected with
the New Tork Journal of Commerce
and Commercial Bulletin for years.
(Continued from First Pase.)
of Equalization, saying he could not
remain with the Republican party be
cause he was a third party man; Dr.
John Doyle, Twenty-first District,
Springfield, a labor leader; Fred S.
Wilbur, Twenty-second District, editor
of an East St. Louis newspaper and
who was defeated for a Congressional
nomination at the primaries.
Battle Lasts all Day.
The "bolt" came after a full day of
battling. It was preceded by verbal
pyrotechnics which verged on the
brink of physical demonstration.
"Traitor" and "four - flusher" were
common phrases.
Walter Clyde Jones hurried out of
the. meeting room before the session
was half over, declaring the meeting
had been "packed by Deneen men," and
that the third party state cause was
He did not return.
Mr. Merriam refused point blank to
sign the calL He made a speech in
which he said he was "going back to
the Republican party." He declared he
had been induced to Join the movement
in the belief that a real third party
a real Republican party was to be
organized and that he had been mistaken.
Julis . Kespohl, after affixing his
name to convention call, burst Into a
room where J. Medill McCormlck. the
conference chairman, was explaining to
newspaper men what had happened.
"Take my name off. I don't want It
on any such a document, he declared.
Genuineness of Party Denied.
"And mine, too," came the voice of
Fred S. Wilbur, of East St. Louis, who
was searching for McCormlck on the
same errand.
About that time Simon and Doyle
came in on a like mission. They de
clared it was not a "real third party"
and that they "were through.
Another blow to the third party
movement was delivered today when 12
of the leading Republican editors of
the state met at Springfield and de
elded to oppose any third party plans
that proposed a state or county ticket.
The editors were somewnat aiviaea in
their preference as between Taft and
Roosevelt, but will present a united
effort against any third party state
This conference Is considered the be
ginning of a movement that will em
brace the press of the entire state
with the same object in view.
The "Bull Moose party" has lost
ground rapidly shlnce the Chicago con
vention and the country editors are
the first to discover that" the people
generally are not In favor of disrupt
ing the Republican party.
President to Make Appointments for
State Organizations.
WASHINGTON, July 16. With the
semi-official announcement today that
President Taft will appoint four Ohio
Republicans to Important Government
posts In Washington, It became appar
ent that one of the first moves In the
fight the Taft leaders are making for
th President's re-election will be an
attempt to strengthen their relations
with the Republican state organiza
tions throughout the country.
Taft leaders said tonight that the
W eoleirrai.
Men's Suits Reduced
Buy now and save much. Great reductions in the price of all Summer
clothing and furnishings. Come with the crowds and take advantage
of the many bargains on every hand. This is our regular, high-grade
stock; everything is fresh and new every reduction genuine.
Men's Shirts Reduced
that sold for $15.00,
now only
that sold for $20.00,
now only. ..
that sold for $22.50,
now only.
that sold for $25.00,
now only...
that sold for $30.00,
now only. . .
that sold for $35.00,
now only
Young Men's Suits are going at the
same reductions -
Blues, Blacks, and Full-Dress Suits
Boys' Knicker Suits Reduced
Men's Pants Reduced
Pants r.'0:. $2.65
Pants o"$t.: $3.00
Pants r.1:4'50: $3.25
D- that sold for $5.00, Q 7JJ
rants n0w only. .:. . . . . . P5-'
Pants X'.'!1.6:00: $4.50
Pants ry.'::.$7-.00: $5.25
Pants;' .'r.ff: $5.65
rants n0w only pd.vd
Pants o..8-50: $6.25
OnirtS $1.50, at only P 1 1
CLrf-that sold fordjl OC
OnUnS$2.00, at onlyPAJJ
CL:that sold forl QC
OmnS$3.00, at onlyM',
$1.50 Shirts
French cuffs with collar to
match, 95
Underwear Reduced
Garments $i .00, at only 79c
that sold foroe
r.. i
Udlllieillb$i.25, at only"
Garments 1.fn. at rvnlv 98c
that sold for $3.95,
now only.
that sold for $5.00,
now only. ...
that sold for. $6.50,
now only. ...
that sold for $8.50,
now only
that sold for $10.00,
now only.
that sold for $15.00,
now only ,
All Eussians, Sailors, and Norfolks at
the same reductions
Boys' Knicker Pants Reduced
that sold for 50c,
now only
that sold for 75c,
now only
that sold for $1.00,
now only
that sold for $1.50,
now only
D . that sold for $2.00, d ofi
rantS now only...... ipl.O
Blue Serge Knickerbockers
All Boys' Wash Suits,
Half Price
Regular 50c Wash Ties, 35
3 for $1.00
Regular 25c Wash Ties,
3 for 50
Straw Hate Half Price
Straws $2 .00, at only
Straws $3aoVatdoSy $ 1 50
All $5.00 Panamas, now
only $3.50
All $10.00 and $12.50
Panamas, now only.. $5.00
All Ladies and Misses' Fancy Man-Tailored Suits UAT P PRTPF
All Our Ladies', Misses' and Girls' Wash Dresses ITlVl-il 1 ivivj-i
third party would be fought through
the Republican state organizations.
Assurances have been received at the
White House from Republicans in
many states that they will not Join
the third party, and the recognition of
state organizations, the Taft leaders
here believe, will influence still others
to remain with the old party and thus
aid his campaign. Although It was
said that the President is not Teady
yet to fill several Important vacancies,
it was the general belief that the ap
points will be sent to the Senate be
fore Congress adjourns ana mat tney
will fit It with the plan to remember
Republican, workers throughout the
The contemplated Ohio appointments
would recoenlze, K C. Laylin, who con
ducted the primary campaign in Ohio
for Mr. Taft; Granville w. mooney,
former Speaker of the Assembly, and
ex-Representative Ralph Cole.
Carml Thompson, Assistant Secre
tary of the Interior, is slated to be
come secretary to the President, suc
ceeding Charles D. Hllles, who today
assumed his new duties as chairman
of the Republican National commit
Xoisv, Enthusiastic Demonstration
Due Tomorrow Night.
Since the nomination of Governor
Wilson at the Baltimore convention
two weekB ago, Oregon Democrats
have been accumulating large and
noisy quantities of enthusiasm which
.n raioanod at the Armory tomor
row night, when the nomination of the
National ticket will De raunea ai a
mass meeting of Democrats from all
. i- - rpVin nv-ncrr-flTTimA H-t the
Over U1B -
Armory Is scheduled to begin at 8
o'clock. . .
The committee on arrangements had
hoped to have Governor West as one
of the speakers on this occasion, but
he Is en route to Boise, Idaho, and can
not attend. The principal speaker,
however, will be John M. Gearln, ex-
.rt. l C ...... n Konfitnr. Others tO HCl -
dress the meeting will be Dr. Harry
Lane, Democratic nominee ii ...u. up
states Senator; C B. S. Wood. Thomas
O'Day and John H. Stevenson. Bert
B. Haney, chairman of the Democratic
Don't Blame Your
Over Worked Stomach
When your stomach will not digest
food, the worst thing you can do is to
take a lot of digestive medicines. True,
they give temporary relief, but your
stomach Is the sufferer, ioss oi op
r,fit. indtcrestiofl. dyspepsia and head
aches can only be permanently relieved
by removing the cause. In many cases,
.rinm romArlles taken to relieve these
conditions result In ruining the stomach
and preventing it from digesting iooq
In a natural way.
rf -mm want vour stomach to do its
own work properly, without resorting
to artificial digestives or jreaigesiea
fnnHi use Javne's Tonic Vermifuge.
Take small doses regularly, preferably
before meals, in a uttiei time your
stomach will again do its own work
and you will eat heartily, keep well
and enjoy living. Jayne's Tonic Vermi
fuge is not a digester in Itself, but It
tones up the stomach and Intestines,
giving you all the nutriment and
strength from the food you eat.
Many forms of supposed Indigestion
are the result of intestinal parasites.
U-Y. iflvnA'N Tonic Vermifuee is
unsurpassed. Insist on Jayne's; accept
no other. Millions nave praisea 11 lor
more than eighty years. Sold by drug
gists everywhere. Dr. D. Jams 4 Son,
Philadelphia, Pa.
state central committee,' will preside.
The exercises at the Armory, which
will include vocal selections by Mrs.
Rose Coursen-Reed, will be preceded
by the Initial street demonstration of
the campaign by Democrats, me com
mittee has engaged a band of many
pieces, which will start from Sixth
and Ankeny streets at 7:30 o'clock to
morrow night and parade through the
principal busine'ss streets before ar
riving at the Armory 30 minutes later.
The band will be followed by the mem
bers of the Progressive Democratic
Young Men's Marching Club, which has
been organized for the purpose of par
ticipating in all public functions during
the campaign.
NO. 2.
The new public utility law for Oregon
to go into effect in November provides that:
be imposed, observed and followed in lieu of those found
to be unjust, unreasonable, insufficient, or unjustly
discriminatory or preferentiaL"
By virtue of the above clause of the State
law, ample authority is given in the matter
of determining what price is to be charged
for electric light and power service.
In fixing the rate, the first factor to be
considered by the commissioners will be
the interest charged upon the investment.
To have two plants will necessarily
double this charge, and thus prevent the
lowering of the rate, which might take place
if no duplication of investment existed.
Every student of public utility knows
that two companies in the field prevent ef
ficient and satisfactory fixing of rates.
Then if this is the case, why create an
unnecessary burden upon the people of
Portland by granting a franchise to another
company to enter the field ?