THE OREGON DAILY JOURNAL, PORTLAND, TUESDAY, JUNE 26, 1917.
INTERNATIONA
NEWS
L
TO APPEAL DECISION
FOR
MONOPOLY
Appeal Will Be Based on Dis
senting Opinion of Judge
Ward of U, S, Court,
NO FRAUD WAS EVIDENCED
Attempt to Control information After
Zt Xs Made Public to Bi Challenged
try Connscl for News Service.
HAIG CONTINUES DRIVE IN BELGIUM
New York, June 28. (I. N. S.) Ap
peal to the supreme court of the
I'ntted States against a majority de
rision of the I'nltfd Statos circuit
'ourt of appeals asainst the Interna
tional News Service on a suit brought
by the Associated Press to restrain the
International News Service from re
writing any news rontained In news
papers or published on bulletin boards
was decided upon today. The basis of
the appeal to be made by the Inter
national News Service will' be the
minority decision of Judge Ward of
! lie l.nited states circuit court of ap-
l"-als, who In his decision declarid
i hut for the Associated Press to claim
i-ny property In the news aftT its
first publication was "pure fiction."
Haws Monopoly Charged
The International N'fWs Service In
Its appeal to the I'nited States su
preme court will assert that the aim
and object of the Associated Press In
its suit is to create a monopoly of
news and that, while the International
News Service alone is complained of,
should the decision ot the United
States circuit court of appeals be
permitted to stand, it would establish
a precedent under which the Asso
ciated Press could apply the law thus
made and could stifle competition of
every sort of news throughout the
United States.
It also will be contended that the
weapon thus forged could be turned
by the Associated Press against indi
vldual newspapers, and against the in
dividual correspondents of newspapers
throughout the country. In such a way
as to keep exclusive to the Associated
Press fand its member papers for hours
news of such a character that to re
strain Its general publication would be
to the detriment of the putlic policy
of , the United States.
What Opinion Means
W. A. Pe Ford, general attorney for
the International News service, when
questioned concerning the nature and
effect of the decision of the United
Stats circuit court of appeals, said to
day:
"The opinion of the majority of the
United States circuit court of appeals
in the case of the Associated Press
against the International News servic
is that no person or corporation may
publish or sell the substance of th
facts of news which has been pub
nsnea in newspapers and sold upon
' the afreets, where that news has been
furnished to that newspaper by a new
agency, until all the members or ell
ents or tnai agency (.eve bad an oppor
tunity to realize exclusively the full
commercial value of that news.
Decision is Unprecedented
"This, Is the first time that such a
decision has been made by any court.
"It defines and 'establishes a right
of property In news which has not
heretofore been recognized by any
court.
"It strikes down a source of news
that has been recognized by news agen
cies and newspapers as legitimate
since news agencies have been estab
lished and newspapers published.
"The decision was rendered in the
suit of the Associated Press (Its first
challenge of the legitimacy of such a
source of-news) at a time when the
International News Servjtoe""haa been
. debarred from certain sources of for
eign news by the action of the allied
governments.
"Judge Ward, radically disagreeing
with Judges Hough and Rogers, held
the law to be, as the International
News Service contends it is and has al
ways been, as followp:
Dissenting' Opinion Held
' " 'A distributor of news, that is, of
his Information about things that have
happened, nettner invents nor com
poses nor manufactures anything, nor
does he supply something which the
public buys because it believes It orig
inates with him and wants his article.
Nor does he ow.n the news, but only
his knowledge of the news. There
fore, analogies from property created
or protected by the patent, copyright
or trade mark statutes or by the prln.
clples regulating unfair competition.
are wholly inapplicable. The distribu
tor's knowledge of news which he has
gathered Is his property so long as he
keeps it to himself or communicates
It only to others on condition that
they will do so. He will be protected
against any one who surreptitiously
obtains this Information from one of
his members, subscribers or employes
or by any form of pilfering or unfair
means. Such were the cases of Kler
nan vs. Manhattan company, 60 How
pr. 1914; Exchange company vs.
Gregory, 1. q. b. d. 8 (1896); Exchange
' company vs. Central company, 2
chancery (1897), 48; Peabody vs
Norfolk, 98, Mass. 4 52; Dodge com
pany vs. Construction company (1893)
Mass. 62; Board of Trade vs. Had
2en company (1909); Fed. Rep. 705;
National News company vs. W. vJ
T. company. 119, Fed. Rep. 294; I1H
nols commission vs. Cleveland Tel
company id. ui; oara or Trade vs.
cnrlstie, 198 U. S. 238: Board of
Trade vs. U. S. 238; Board of Trade
vs. Cella 145 Fed Rep. 28; Board of
Trade vs. Tucker, 221 Fed. Rep. 305
Hunt vs. cotton Exchange, 205 u. S.
333. In every one of these cases the
mm
SUFFRAGISTS WILL BE
HEARD IN COURT ON
BANNER CAMPAIGN
i
Nine Arrested Today Are Re
j leased on Bail of $25 Each
: More May Follow,
BRIGHT LIGHTS AROUND RED CROSS
Washington. June 26. The dozen
' militant suffragettes arrested Monday
I for parading before the White House
I will probably be called to answer in
j court tomorrow. !
1 Counsel has been engaged and will
i carry on a fight, backed by liberal j
f finances from the National Woman's
J party. While a fine is the usual pan
; alty for conviction of unlawful as
I scmblage. a Jail sentence may be lm
I posed. i
I The women have not yet revealed !
PORTLAND newBboys are proud par-
tlcipants in the big Red Cross fund
drive. Their efforts Monday evening
netted them 1524. The lads were fur
nished the papers by the publishers
free of charge on consideration that
the entire proceeds should go to the
Red Cross.
The lads accepted the obligation with
true patriotic spirit. Armed with
cigar boxes or pasteboard boxes, the
boys scurried through the congested
sections ot the city with the evening
editions their clarion voices keeping
up a steady plea for the cause.
"Buy a paper and help the Red
Cross!" they shouted, and the earnest
ness of the street merchants won the
praises of hundreds of people.
In many instances dimes, quarters,
half dollars and dollars were paid for
a paper. One mafh paid $5 for a paper
which cost normally but 2 cents.
The newsboys campaign was directed
by Leo Dorfman, street circulator of
The Journal: Hyman Schwartz, street
circulator for the Oregonian; Paul
Schneider of the Evening Telegram and
Joe Bader of the News.
, .iiw wiey win iaKe a jail term and . Charles F. Berg, general chairman of
l fiJiS8?!1" 8 . k. "hether they wlli the "Mercy Monday" program, is high
' ,v rJ h'fer l"Lrl8 houW :iy Pleased with the day's results. The
!Seearan-tKg tyVerTrhnogw:'rMt, V'
lever, it is sa.d. for'lt is ticitly under- j V,"" Z?HZu.Z?
i sioon tne prosecutor will ask for short I j- "-
sentences if payment of fines is re- amount to ,3"00- Mr- Ber 8 "euten-
IUSed. lUClUUlIltS J. I . ,I1KUBD, WOO SUp-
Twenty-flve Cases to Corns TJb I plied spielers and speakers, worked like
Nine suffragists arrested today I X"" "'SL
WfTP TlPa r IOk w ;v.4woa ft... a wv.ui.O viu aC4
X 3
FORMER BKTTV-E UN
ROKDS
PRESS NT tNE
Despite the prophecy that the Brit I sh had reached the limit of their
effort after taking the Wystcha ete-Messines ridge last week, Field
sun-
plied by Ella C. Van Winkle. They I
are charged with violating the "peace '
and order" act and must appear in po-
lice court tomorrow morning. At that
time 25 cases against the militants
will come up for hearing.
The women are: Mrs. Annie Arneil,
W'ilmington, Del.; Miss Maud Jamison,
Norfolk, Va.; Miss Lavinia Dock, Fair-,
field. Pa.; Miss Hazel Hunkins. Bil
lings, Mont.; Miss Gladys Griner, Bal-I
timore; Miss Virginia Arnold, Ashe-I
ville, N. C Miss Mabel Vernon N-
lent work.
The grand concert In the evening
drew thousands. Those participating
were Dr. Stuart McGulre. baritone;
Mrs. Herman Polltx, dramatic soprano:
Monte Austin, "the boy with the big
voice," and Jay B. Tower, sang. The
Police band contributed stirring airs,
and W. II. Boyer managed the chorus
to perfection. The Portland Ad club
quartet earlier in the day rendered se
lections. The fife and drum corps boys
were roundly cheered for their efforts.
J. T. Wilson, auctioneer, worked off
a number of articles from the stand at
the Red Cross clock center Monday.
A prominent Portland business man
paid $11.50 for a gold ring with a ruby
setting which had been put up by a
woman whose husband is now in the
military service. The purchaser re
turned the ring and it was sold over
again. A woman sympathiser handed
over a brooch, which brought $25. The
purchaser turned the article back and
at the second sale it brought $20. A
gKrl offered for sale a ring, which was
bought in for $2.50. Dr. Q. T. Trom
bought in a model of the battleship
Oregon for $25. Myrtle Stedman.
movie actress, sold bouquets and two
boxes for the Peoples Amusement com
pany. Guy Talbot paid $5 for a rose.
A check for $50 was dropped into a
carboy by a woman friend.
H. N. Burpee, one of the house-to-house
campaign team chaptalns. carried
off the honors for the largest sum
raised in this featureiof the campaign
with a total of over $12,000.
When a large hand made American
flag was auctioned off at Sixth and
Alder streets Monday, in the interests
of the Red Cross, it was found that
the highest bidder happened to be of
the same name as the maker of the
Mag. As W. T. Vaughn, attorney, in
the Northwestern Bank building,
stepped up and paid $3.50 for posses
sion of the flag. Miss M. Vaughn,
whose skill and handiwork produced
the emblem, Btepped up also, inter
ested in the final disposition of her
work. Introductions revealed the coincidence.
Socialist Candidate Accused
Danville. 111.. June 26. (I. N. 8.)
Edgar Ballah, Socialist candidate for
county Judge last fall, was arrested
today by federal agents and charged
Iwjin circulating anii-arai jneraiure.
He was held under heavy bond.
Marshal Haitr made another tremendous smash at the German lines j vda; Miss Katherine Morey. Massa
i ' 1 1 ! 1 1' ii 1 1 u wl T " 1 . . 1 . : . . .
on a front oi two miles east or Messines.
and the village of Gaspard was occupied.
Trenches were stormed
Lemon Juice
For Freckles
Glrlsl Make beauty lotion at
homo for a few cents. ry Itl
Squeeze the Juice of two lemons into
a bottle containing three ounces of orch
ara white, shake well, and you have
quarter pint of the best freckle and tan
lotion and complexion beautifier at
very, very small cost.
Tour grocer has the lemons, and any
arug store or toilet counter will sun
ply three ounces of orchard white for
a few cents. Massage this sweetly
fragrant lotion Into the face, neck, arms
and hands each day and see how
freckles and blemishes disappear and
how clear, soft and white the akin he-
comea. Test It is harmless.
court found that the defendant got I
the news or the quotations surrep
titiously and enjoined him for this
reason. They abundantly support an
injunction on the first grounds men
tioned in the opinion of the court.
Sight Ends With Publication
" "But if the distributor publishes,
to use a word in this connection which
I think has been unreasonably criti
cised, or abandons or dedicates or
communicates his Information to the
world, his right af property in his
Information and his right to be pro
tected against the use of it is gone.
" 'The supreme court in the Chris
tie case, supra p. 250, likened property
in news to property in trade secrets.
The two are strikingly similar. The
owner of a trade secret will be given
protection against any breach of con
fidence in respect to it by his em
ployes and against any dishonest dis
covery of it by third parties. If, how
ever, he communicates the secret to
another without condition or if any
one by his own efforts, for instance,
by analysis of a secret compound,
learns how It is made, such persons
may use it without any accountability
to the original discoverer. That the
discoverer spent much time and money
m aiscovering tne secret would not be
regarded as a reason why such persons
learning it honestly should not make
se of it.
Nothing Underhanded Boown
" 'In this case the complainant fur
nishes news to its members for the
express purpose of their putting it on
heir bulletin boards and issuing it to
the public in their newspapers: This
is what they live on. After this it
seems' to me pure fiction to say that
any property in the distributor sur
vives. Everything in the nature of a
confidence about the communication
has ceased. That the rotation of the
earth is slower than the .electrical
current is a physical fact the com
plainant must reckon with in doing its
business. That news dedicated to th3
public with the complainant's consent
by the morning newspapers in New
York can be telegraphed In time to
appear in the morning newspapers of
San Francisco cannot qualify the legal
effect of Its dedication. There being
not the least evidence of anything
fraudulent or underhanded in this
method of obtaining news, I think the
injunction Bhould be denied.' "
"My attention is called to an inter
view given by the president of the
Associated Press to the Associated
Press and published In the morning
papers, in the course of which he says:
Stone's Statement Challenged
' This proceeding has greatly add
ed to the debt of the honorable news
papers of the country to Melville E,
Stone, the general manager of the As
sociated Press. For years, Mr. Stone
has Insisted that the pirating of news
could be stopped by an application to
a court of equity; that no such court
would, after the gross wrong done by
such pirating had been adequately ex
plained to It, permit It to continue,
and In the decislosn Just given his
long held opinion has been triumph
antly vindicated, a result mainly due
to the exhaustive preparation of the
case by him."
'If the president of the Associated
Press uses the word 'pirating' In
reference to the publication and sale
of facts of news rewritten from news
papers sold upon the streets, and means
to charge that the International News
service was guilty of an act of moral
turpitude in rewriting tne news so
published and sold, I challenge the
statement, and in support of that chal
lenge call attention to the following
excerpt from the opinion of Judge
Ward:
Tor "Freedom of the Hews
" 'That news dedicated to the public
with the complainant's consent by the
morning newspapers in New York can
be telegraphed in time to appear in
the morning newspapers of San Fran
Cisco cannot qualify the legal effect
of the decision. There being not the
least evidence of anything fraudulent
or underhanded In this method of ob
talnlng the news. I think the injunc
tion should be denied.'
"An appeal will be taken from this
decision, if it be followed in the final
judgment of the United States district
court, not so much to protect the Inter
ests of my client, the International
News Service, as to maintain the free'
dom of the news, which means the
freedom of the press."
iehusetts, and Vivian Pierce, San Diego,
.ai.
Other Pickets Arranged ror
The women's headquarters stated
that other pickets in relays would be
sent out later this afternoon.
j Miss Dock. a tiny woman of 60
years, made a determined effort
; against the six foot policeman to retain
possession of her banner,
j In the first group, Miss Arnold, who
led the procession, carried a lettered
banner with a legend, "How long must
t women wait for liberty?"
Miss Jamison brought up the rear
with a banner reading, "Mr. President,
I what will you do for woman suf
: frage?"
16 Arrested Monday
! Frill nn'lnir a viAn. .4 .... . . . .
Of Santa Barbara Woman; jmimant suffragists late Monday after-
i nuujcii were arrest ea. They
are: Mrs. Alexander Shlels, Texas;
Mabel Vernon. Nevada; Catherine Mo
rey, Boston; Annie Arniel. Wilming
ton, Del.; Maude Johnson. Norfolk, Va.;
Lucy Burns, New York; Elizabeth
Stuyvesant, Cincinnati; Bertha Crone,
.San Francisco; Mrs. Ella Morton Dun
can, San Francisco; Miss Virginia Ar
nold. South Carolina; Miss Florence
Youmans. Minnesota; Miss Levlnia
Roach, Philadelphia; Miss Pauline
WAUKESHA TEACHER
DETAILS AFFAIR WITH
HER VICTIM'S MATE
Miss Lusk Made Confidante
of Santa Barbara Woman;
Wants Roberts Prosecuted
Waukesha. Wis., June 26. (I. N. S.)
From the hospital cot where she is
recovering from two self Inflicted bul
let wounds. Miss Grace Lusk, pretty
teacher, today made a detailed confes
sion to District Attorney Tullar of her
affair with Dr. David Roberts, which Clark, New York; Miss Martina Hlckey
led up to the slaying of Mrs. Roberts Washington, D. C, and Mrs. Townsend
last week when she refused to give
up her husband.
Miss Lusk gave the dates upon
which she and the doctor made trips
various cities, and told of the ficti
tious names they used In registering
at hotels and the cities they registered
from.
The woman described how the doc
tor had promised to get a divorce and
marry her.
Her sentences were punctuated with
sobs as she went over the sordid de
tails, but after she had unburdened
her mind she regained her composure
and expressed a desire to recover and
see Dr. Roberts prosecuted for his
part in the tragedy.
Miss Lusk's statement that the onlv
person whom she told of her clandes
tine love affair was Miss Winnifred
T. Frye of Santa Barbara, Cal., made
Miss Frye loom up as one of the
star witnesses in the case.
Sheriff Morris will leave for Santa
Barbara shortly after the inquest to
morrow to take a detailed statement
from Miss Frye.
II. S. Army Aviators
Arrive in London
London, June 86. (I. N. S.) A
small contingent of United States
army aviators has arrived here, it was
learned today. They wore civilian
clothes, but bore, armlets with the
words, U. 8. Flying Corps."
Scott. Baltimore Md.
The suff-agists gathered a force of
19 at 4:30 p. m., when crowds were
coming out of the state, war and navy
buildings, and paraded in front of the
White House. Then they lined up in
front of the executive mansion and un
furled their banners.
, Police and a crowd charged the suf
fragists. '
Several flags were taken from them.
oome oi tne women battled for the
possession of their banners. Most of
these were sent to police headquarterJ
In accordance with the present po
lice policy, the women were all re-
leased on their own recognizance.
No Pension When
: Widow Has Property
Salem, Or., June 26. In an opinion
handed down today, the supreme court
; holds that a widowed mother with
'children under 16 years old, who owns
property, is not entitled to receive a
pension for the support of the children
; until the property is sold and applied
W-WTI ft
Lawn Fete Tonight
Trj VriT KOn ("TAOCi to the malntenance of the children,
lb 1 Ul JAiCU. UIUOO The opinion was rendered in
i case of i
' Marlon.
TeV in 1914)
the
Grace E. Buster vs. County of
Mrs. Buster was left a widow
with two small rhlMrAn a
Instrumental enough life insurance monev to r v y,r
husband's debts, including a, mortgage
on 80 jacres of uncultivated land in
Lincoln county. She applied to the
Alameda Parte People Will Give Str
Dance Program of
Music and Singing Arranged.
Alameda Park residents will be
hosts thin evening in the name of IVia
American Red Cross to all Portland juvenue court or Marion county for a
people at their much heralJed lawn pension for herself and children. A
fete and street carnival, to he held at pension or jio was allowed, from which
the residences of Mr. and Mrs. fjeorge sh appealed to the circuit court, con-
Reld and captain and Mrs. Delmer ; tending that tne juvenile court should
S
Shaver on the Alameda. The street
between tht houses has been closed
for tho occasion, and dancing will be
enjoyed. I
There will be booths with carnival
favors for sale, refreshments and all ,
the novelties of music and noise that !
go to make up the pleasure of such an '
event. The Elks' band will furnish;
the music, Harry Scougali will sing a :
baritone solo, a butterfly ?ance will !
be given by little Lorraine Platts, !
Frank Hennessey will sing patriotic !
solos with the band accompaniment.
Interpretative dances will be given by
iTiimpa is. bherman and Mrs Dudley
Clarke, soprano soloist, will close the
program with "The Star Spangled
Banner," accompanied by the band.
The atrair will begin et 8 o'clock and
last until 12, and may be reached via
the Broadway car to the Alameda.
Three Men Killed
In Old Cattle Feud
Muskogee, Okla., June 26. Reports
reaching here today from the sheriff
of Cherokee county say three men
were killed late yesterday near Cook
son, 25 miles southeast of this city, as
a result of a cattle feud of manv
years' standing. Frank Lucy, N. W. ;
Ballew and Ed Neely were the men
killed. It Is said Ballew rode to j
Neelys house, called him out, and
shot him to death, then went to the
Lucy ranch, a few miles distant. Bal- j
lew and Lucy exchanged shots, and i
Lucy fell dead. As Ballew started
away a shot from the house killed i
also have allowed a pension for her
children. The circuit court allowed her
a pension of $17.50 a month.
The supreme court reversed the
lower court and ordered the applica
tion for a pension dismissed.
Breaking of Dam
Caused Heavy Loss
Salt Lake City, June 26. With 25
miles of its double tracks gone in the
Price river canyon the Denver & Rio I
Grande main line is today out of serv
ice and will be for at least two weeks,
as the result of the flood that came
down with the breaking of the Price
j irrigation dam near Fairview Monday.
! All the bridges and culverts and the
Castle Gate depot and several houses
' are gone. It is Impossible to make an
' estimate of the damage dqne until the
waters recede, but that it will rea.'h
$1,500,000 is generally believed. No
lives have been reported lost, but from
all sides come inquiries for missing
persons.
i
or extreme
cleverness are
hom$ sliojn oris
me second floor
Seflia
al Fourth
g
Coats for Traveling
Wonderfully Smart Coats That
Were $19.50 to $24.75
$14.95
What woman who would not count her
self lucky to get a really modish coat for Si 4.95?
Summer traveling beach wear motoring call for one.
These comprise 48-inch lengths, in Velours, Burellas and
Tweeds. Large collars, belts, pretty Empire back effects.
Coats which sold at $19.50 to $21.75 and were under
priced to begin with tomorrow, $14.95.
Good News in Suits
Many Up to $27.50 at $14.50
47 splendid suits that 47 thrifty women are sure to snap
up in a hurry! Rargains, though you only want them
for three or four months' wear.
Res
mm n w
ILVWornson
Beer Keg Found
To Hold Several
Dynamite Sticks
him. Other reports claim Ballew and
Lucy killed each other.
Mottlsfont Is Still Held
Valparaiso, June 26. (I N. S.)
The Chilean government today refused
to release the British ship Mottlsfont
becauso she Is armed. The British
minister explained that the guns were
wr uutuuig purposes only, DUt tne
1 government was obdurate. The Mot
Fort Snelling. Minn., July Zt.
(IT. P.) Sentries at Fort Snell-
ing found 60 sticks of dynamite
If- hidden In a beer case on the W
it reservation today. They 8aw a
jjt mysterious person running
iif slong the brush some distance
5fr away. He escaped. Investiga-
it tion revealed the case of dyna-
ft mite, enough to shatter' the en- $
9 tire camp. The alleged dyna- 4r
4e miter wore shabby khaki and la
4 believed to have made his way 4t
jjt , Into the reservation disguised 0
as a soldier. -
...... ;
Was wrtttarto or ealMm sa sdrwu is. 1 tfsfont cargo ship of 4714 tonaJ
Surely You're Interested in
Charming New
Silk Skirts $4.95
We didn't think it could be done, when
the maker offered us handsome Silk Skirts
'that could be sold for $4.95.
But the proof is here tomorrow new
shirred models, splendid quality taffetas and
poplins, in stripes and plain colors, 4.05.
Two Dainty New
Blouses at $2
(as illustrated)
Several other styles, but
these show what lovely little
Blouses can be had for two
dollars.
New frills and viriitions of the
lire collar lacy as wel as
simpler styles. Some allover em
broidered. Fresh as the dew,
tomorrow $2.
A Sale of
Fiber Sweaters
Misses' and small women's sizes
only. Splendid bargains, while
they last..
Were $4.95 and $5.95
$3.29 and $3.95
I
I i.l Z.5WETT CO.
Li mi smiley:
124 M28JbtthJuJuaceWojhir
aa
Go East
Via
California
and
Santa Fe all the way
Francisco CagO
ToiJiansas City
.Denver
Los
Angeles
Yosemite Valley
Grand Canyon " on your way
Petrified Forest.
One-way fares via California practically the same as via
direct routes.
H. H. Francisco,
General Agent.
1S8 Third Street, Fort land. or.
now Malm 1274.
E. W. Zamsow,
Trav. Pas. Aft.
r r 9