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About Daily capital journal. (Salem, Or.) 1903-1919 | View Entire Issue (Dec. 23, 1918)
THE flAILY CAPITAL JOURNAL, SALEM, OREGON. MONDAY, DECEMBER 23. 1918. PAGE THREE TODAY AND TUESDAY AFTERNOON m !!f . . - - Vj.i v v v s. Dorothy Gish 1 : : in "BATTLING JANE" "It's Some Picture" Then There's' FATTY Arbuckle TOO Beginning , XMAS EVE in "BORDERWIRELESS" OregoN CHIKES3 DELEGATES ARRIVE Seattle, Wash., Dec. 21 Chinese del egates to the Versailles peace confer ence will arrive in Seattle Tuesday and hurry across the continent to make Btoani9liip connections. Marshall lAn horne, representative of the state de partment is hero to greet ithem. X Mrf rmni F h 1 t'll. 1 W-V lfWl Jm sv vlV a. will J. A I 1 OHIO! ffOW Before aristmis-To HALF PRICE t procure jewelry, etc., at ., t OF THE SACRIFICE JEWELRY SALE OF POMEROY & WALLACE I STOCK. 'EVERYTHING EARLY ; Ask To See The Following Articles $1.50 Gold Handle Knives For Waldemar Chains 75c $6, $8, $9 Latusca Pearl Beads, $3, $4, $4.50 Lodge Emblems, Buttons and Charms ONE-HALF PRICE Ladies' Gold and Filled Lavalliers HALF PRICE Brooches and Bar Pins HALF PRICE Cut Glass, all kinds and designs . HALF PRICE Gold and Silver Hat Pins Hajf Price and Less Parisian Ivory Goods Brushes, Combs, Hair Re ceivers, Powder Boxes, Files, etc. . HALF PRICE Large size jar Wrights Silver Cream, 25c , Ladies' Set Rings HALF PRICE Ladies' Bracelets HALF PRICE Cuff Buttons . , HALF PRICE Thimbles, Gold and Silver HALF PRICE McGILCHRIST & DIRECTOR J 125 North Commercial Street Open COURT SUSTAINS ACT OFIiraUGfllC. RiOM PLRATKIG HEWS Associated Press Wins Suit Of Long Standing Against Hearst Papers.' Waahiagton, Dec. 23. a dEfcisien, that has far reaching Affect on news paper worx, tne Associated1 Press today won its case in the supremo court of the United States against Hearst's In ternational News Service on the chariro of pirating news. The oourt sustained too injunction granted in lower courts to prevent the I. if. 3, from "pirat ing' Associated. Press news dispatches. The court clearly emphasized that news lis a commodity in which the per son, or organization disseminating it has a" property right. . After statingthat.it is doubtful whether, the class of news used could not come under the copyright law, jus tice Pitney said: - . "News is "stock in trade" with large and elaborate organizations to collect it for the purpose of profit." Decided 5 to S The case was decided by a vote of five to threo, Justices McKonna, Holmes and Brandeia dissenting and Justice Clarke taking no part in the decision. The case grow out of allogcd "pi racy" by the I. N. S. of A. P. dispatch es at Cleveland!. In dissenting Justice Holmes arguod that the International News should be allowed to use A. P. nows if duo cred it were given and if its publication were held up several hours, the num ber of hours to be decided by the courts. He disagreed that the case should be deemed on the question of a property rijrht in news. Justice Brandeis srguea that the wholo question should, be decided by the. legislative branches of the govern ment, asserting "thore is no adoquate law on the subject now." Would E entrain Pirating Tho original bill in lower courts was tiled to restrain pirating of Associated Press nows in threo ways, namely: ' By bribing , Associated Press en ployes; by obtaining news from Asso ciated Press members and by copying news from 'bulletin boards. Lowor courts upheld the first two contentions and it was only on these points that tho court docidod todaj. Eecrardin2 the value of news as a commodity the majority opinion said: "The peculiar value of news is in the spreading of it while it is iresn; vntlD I ACT TO lib SULD, JNUIHIJNU AS OUR HELP IS LIMITED. ' Alarm Gccks A few left $1.50, special 95c $2.25, special $1.65 $2.50, special $1.75 Ladies' Wrist Watches, a few left One-Third Off Militarj Wrist Watches One-Third Off From $4 Up. Sterling Silverware, Extra Special One-Half Price Sterling Silver Frames One-Half Price $6.00 Set Knives and Forks, $4.50 $2 Set Spoons $1.35 $7 Set Rogers Bros. Sil- ver Bouillon Spoons $4 ' 11 Candlesticks and Shades Half Price Ladies' lies!. Bags $10.50, special $4.50 $ 8.00, special $3.50 $ 4.75, special $1.75 $6.50, special $3.25 Military Brushes Half Price and it is evident that a valuable prop erty interest in the news, as news, can not bo maintained by keeping it se cret. "The service thus performed for. newspaper readers is not only inno cent, but extremely useful, in itself, and indubitably constitutes a legiti mate business. The parties are compet itors in this field; and on fundamental principles, applicable here as elsewhere, wnen tho rights or privileges of the one liable to conflict of those of the other, each party is under a dm to conduct its own business as not un necessarily, unfairly Xa injure that of the other. - Is Stock In Trade "For to both of. them alike, news matter, however little susceptible to ownership or dominion in the absolute j sense, is stock in trade to. bo gathered at tne cost or enterprise, organization, skill, labor and money, and to he iis triDuted and sold to those who will pay money lor it, as for any otner merchandise. "Stripped of all disguises, the pro-. cess amounts to an unauthorized inter ference with the normal operation of the complainants legitimate business, precisely at the point where the profit is to be reaped, in order to divert a ma torial portion of the profit from those who have earned it to those who have not; with special advantage to defend ant in the competition because of the fact that it is not burdened with any part of the expense of gathering the news. The transaction speaks for itself and a court of equity ought not to hes itate long in characterizing it as un fair competition in business. "Tho contention that tne news is abandoned to the public for all pur poses when published in the first news paper is untenable." No Bight to Monopolize "It is to be observed thit the view we adopt does not result in giving to complainant the right to ironogolize either the gathering or the distribu tion of the news, or without complying with the copyright act to prevent tne reproduction or its news articles; rrni only postpones participation by com plainant's competitor in the process of distribution and reproduction of news that it has not gathered!. "The habitual failure to give credit to complainant for that which it is taking is significant. Indeed, the en tire system of appropriating complain ant's news and transmitting it as com mercial product to defendants clients and patrons amounts to a false repre sentation to them and to their newspa per readers that the news transmitted is the result of defendant's own in vestigation in the field. "We are' inclined to think a dis tinction mav be drawn between the utilization of tips and bodily appropri ation of news matter. "The proofs as they now stand, rec ognize such a distinction; both parties avowedly recognize the practice of tak ing tips and neither party alleges it to be unlawful or to amount to unfair competition in business." 'JOURNAL WANT ADS PAY rDDr.DTI TMITV : kuoukvuu. onur. Diamond Rings, Diamond t Earrings, Diamond Stick Pins. ONE-THIRD OFF Ladiss' Umbrellas SilkIvory Handles $12.00, special $7.00 $10.50, special $6.50 $ 9.00, special $5.50 $ 8.50, special......$5.00 Carving Sets Only four sets left $12.00, special......$7.50 $10.00, special.-.....$6.25 $ 9.50, special $5.75 Ladies' and Gentlemen's Watches, all Makes One-Third Off Talking Machine Special :: $150, special $85.00 :: $100, special $65.00 :: $1.00 Records '. 60c :: 75c Records 50c See what you can buy for t 25c, 50c, 75c, $1.00, in our Special Trays. Cameo Rings. Band Rings Gentlemen's Gold and Z Filled Chains. One-Third Off Baby Rings HALF PRICE Evenings Until Christmas 6 Bell-ans Hot water Sure Relief RELL-AN& CarFOR INDIGESTION Street Fighting At Essen . 1 Is Reported From Zand i ... ... Zurich, Dee. 23. Bloody street fight ing at Essen between the forces of the workmen's and soldiers' council d 8partaus was reported. U a dispatch received today. There were manr cas ualties. The . Spartacidss apparently were defeated. Rioting started when leaders of a strike at tho Bottorr mine were arrest-1 ed by agei.4s of the woi .men's and miners' soldiers' council. The Spartatideg obtained reinforce ments, attached the prison, released the comrades and imprisoned the soviet rep resentatives. Shortly after an armed mob march ed upon the Moiller mine and altwityt ed to destroy the plant. , Workmen 's and soldiers' forces, planting machine guns at strategic points, mot the rioters with a deadly fire and dispersed thorn. Many fell. . Court Martial To Try Colonel WolTen Dec 30 Tacoma, Wash., ec. 21. a general tourt-martial to try Colonel Frank H. Wolven, ranking colonel at Camp Lew is, was ordered today to eonvone De' cembor 30. Colonel Wolven wai ar rested late yesterday by order of Ma jor -General Joseph D. Lcitch, auw.wd of collecting commutation for quarters, fuel and light to which ho had no right under army regulations. The off icor and his family have been living nen the military reservation, but it is al leged he drew commutations for a house m Washington, D. C. Colonel Wolven is a dental surgeon and as been in charge of all dental work at camp. Because of hig position as a regular army colonel, it was found impossible to obtain sufficient officers of equal or highej. rank to try him, and Brigndior Generals Edward J. Mc Clerand and Peter W. Davison have been ordored here from Camp Kearny, Ual.. to sit in the court. Captain Her bcrt .W. Meyers, former' Seattle attor ney, will act as judge advocato to pros ccuto the case, j :. , Before coming to .Camp Lewis Colon el Wolven was stationed at tho Pre sidio, San Francisco f Jurymen Are Drawn For . ' January Term Of Court The following is a list of tho general venire or jurymen drawn for January 1919. term. Marion conntv. tn meet nn Monday, January 6th, 1919, 10 o'clock a. m.: W. H. Btcusloff, Salem No. 2, mcr chant. ' . .' A. M. DrorbanghEast Salem, farmer A. u. Uiles, Salem No. 1, carpenter F. M. Fresh, Sublmity, farmer. John O. Gritton, Croisan, f armor. Thomas J.. Hall, West Gorvais, mer chant. - W. T. Gromra, East Hubbard, farm er. Henry Zoru, Champocg, farmer. F. 8. Gilbert, Snlem No. 5, clerk. B. C. Hnlley, Salem No. 5, rotired. J. M. Kromling, E. Hubbard, farmer. Geo. C. Will, Salem N0 15, mcrchnnt, J. J. Hall, E. Woodburn, retired. ' Henry Saalfeld, W. Mt. Angel, farm er. Bugeno Titus,, Stayton, capitalist. Arthur A. Schwab, E. Gervais, farm er. L. W. Potter, Pringlo, farmer. E. Allen Proctor, Scollard, farmor. ChaS. G. ltansnm. AuniRvilln. hanlrnr F A. Lcgg, Salem No. 17, architect. Lieonara tsnrmck, Brooks, farmer. M. M. Mugce, East Salem, farmor. H. S. Gilo, Salem No. 10, merchant. M. W. Maynard, Salem No. 4, carpen ter. E. E. McKinnev. W. Stavton. fnrmnr W. T. Eamsden, Salem No. 15, farmer i. u. ivcster, Jellerson, carpenter. C. V. Clodfelter, Jefferson, farmor. Fred Edor, East Gervais, farmer. J. P. Feller, Donald, farmer. Royal Arch Masons Hold Installation r Multnomuh chapter No. 1, Eoyal Arch Masons, at their meeting Thursday eve ning of last week, installed the follow ing officers: . tileu C. Niles, Excellent high priest. David A. Wright, king. C. P. Davis, eaptain of host." Will Bennett, principal soujourner. E. A. Choate, royal arch eaptain. II. W. Skiff, master of the third voil. J. F. Jones, master of the second veil. Claire Vibbert, master of the first TeiL W. S. Walton, treasurer. ' W. H. Dancy, secretary. H. Scboemakcr, sentinel. The installation ceremonies were In charge of Lot L. Pearce, past high priest and Al Steiner, past grand higi priest. The Journal Jeb Department will print yon anyiliing la the statioaery Lne do (t right aid sav yn real none. ' M2tcn: Cox Tells About Travels Over In Hawaii Milton M. Cox, who is on the TJ. S. S. Monterey, stationed at Pearl Harbor, Honolulu, in a letter to his parents Mr. and Mrs. J. B. Cox, 2063 State St., Salem, tells of some-of his travels in the Hawaiian Islands. He writes: - ' "We left Pearl harbor and went to Hilo, vn tho island of Hawaii and we sure had. a fine time. It was the first niair of war that has visited Hilo for two years and we were well treated by the people. ''They gave a dance and then a spe cial train and all the men given liber ty to go on special scenie trips along the roast. Then we went to see the big volcano about 38 milw from Hilo. The roads woro vory pretty and they made me think of Oregon with the big trees on both sides of the road. "The extinct volcano of Kcalackua 770 feet deep. The sides are just as straight as a wall and it sure is an awful feeling to look straight down 770 feet. Then we came to the big crater. At first all we could see was- a field of smoke and blnck lava, we had to walk half a mile to the crater. The bed of the pit was 500 feet below u9 and it was just a stream of molten red hot rocks boiling like a pot of hot water. Believe mo, if hell is as hot as that volcano, I never want t0 get tnat close again. "New places would break out and the rocks from the crater would start down the side and hit the bottom. We stared there until after dark and all wocould see was a living mass of fire running just like water. We scorched cards over some of the hot rocks back away from the crater." WALTEB H3NES PAGE IS DEAD Pinohurst, N. C, Doc. 23. Walter Runts Page, until recently ambassador to Great Britain, is dead here today after an illness of many weeks. Funeral services will bo hold Tuesday in Pago memorial church. ASK FOR and GET Hlorliclt's - The Original Halted MRk For Infants and Invalid OTHERS are IMITATIONS Heimcth Dewitz Cited For Distinguished Service . Private Helmuth Dewitz t- Company D, 127th infantry is the first Salom man to be cited by the War department for heroism. Ho is tho son of Mr. and Mrs. Fred Dewitz of 1205 North Broad way. Privato Dowitz enlisted at Dallas in company L' but wiis later transforrcii It is evident that in an engagement following the timo whon ho was cited for heroism, that ho was wounded as a letter has been roceivod by his parents here written Oct. 26 in which ho notes that he was in a hospital recovering! He is 21 years old and was born in Salem, Inter attending the Salem public Bchoow. Before enlisting, he worked on Kairffo'st&WtfCfi a Safe i irst t$ frv&iaKs! How often lockjaw and bloori ooisorhg result from the neglect ol a Mit'ht scrsfch or little c ui ! Ham lin's VVisard Oil is a r.ifc aarl cHc: th'e first aid treatneut. It is'a pov,-. '-hi! antiseptic aiid fhould Lc np f.licd iniiiindiati.lv to wound of tVj Wild to prevent danger of infection . It i3 jnotbvng and licaiiv.)! and rpiicHy Hvcs wrrt pain and iliflam-ii.-it ion in cases of strains, bruists, cul.1, burns, bites and 'stints. Just as .-Hif.til;, too, for stiff reck, soie foet, ro'A norm, ca&kcr sorts, earache and ioothnche. Get it fre-ru tiniegisis for 30 cents If not satisfied return the hoL:h and get your mojiey back. Ever coustvatcd or have sir!: headache? Just try Wizard Liver Whips, pleasant little pink pills, .''O cents. Guaranteed. Journal Want Ads Pay Gifts for For the Man FISHES Rod Reel. Fly Book Basket For the Boys Cap Pistol Air Gun Rifle Bicycle Velocipede Roller Skates BLQO0 POISONING We wish you all a Merry: Christmas A Reminder to you if you did n't buy HER "that " gif tWe still have a few of the finest . Furs that ever came to Salem. -We make them up. in any style to suit. Our prices are right, " r Open evenings until 8 p. m. West :Fur. Go. t 217 South High St ' ' a farm and also in logging camps in Polk county. The official notice as given out by the war department reads as follows: Vvt. Helmuth Dewitz, Company y 127th infantry. (No. 81023.) For hero ism in action at Juvigny, north of Sois sons, France, August 31, 1918. Privata Dowitz astxsted in attacking a strong enemy machine-gun nest and capturing 32 prisoners. Later, with another sol dier, Pvt. Dnwitz established a machine gun position under heavy fire from both artillery and machine guns, using a captured Gorman gun to deliver fir upon enemy positions. Home address, Mrs. Fred P. Dowitz, mother, 1255 Broadway, Salem, Oregon. TUENEE TO HAVE BIG! SAWMILL A deal of largo magnitude was con suiimted last week wherein (J. M. Mill er of Aumsvillo was the purchaser of tho large timber hi i&ings of L. A. Tur ner that lies northwest of thig city op posite tho S. P. railroad. Mr. Miilor is dismantling his saw mills at Aumsvillo and Scio, tho two to bo moved hero, constituting one large mill which will bo situated about a mile north of town with trackage spur. Ho expects to begin cutting in about two months and expects to employ from 20 to 30 men. It is estimated that it will rciniro about bix years to cut all the timber. Turner Tribune. ' 1 ' J Sailing Of More Transports Announces War Department Washington, Dec. 21.-Sailing of the following, transports from Franco for the United States was announced by the war department .today: Acolua left Docembor 18, with 2929 sick and wounded; 2824 men, 105 offi cers. , i. . Tjisdonari left December 18, with cng uni comanl 112 men and' 17 casual of ficers. Sam Land sailed December 17, with 18 cawal officers. LalFrance left December 17, with headquarters 63rd field artillery bri Carter's little Liver Pills You Cannot be vOk AJtemedy That Constipated and Happy Smill Pill Small Dole bmtll Price A Carter's! b?llt?Z BARTER'S IRON PILLS many colorless fscus but wlll greatly help most pale-faced people Men and Boys Who GOLFS Balls Bags ' F ; Clubs " Score Books DRIVES an AUTO Spotlight U Mackinaw Lined Gloves 31 Robe Vacuum Bottle Watch Knife Football Tennis Racket Water Pistol Jerse Bicycle Lamp Flashlight Electric Marbles Carbide Baseball SALEM. ORE. gade; advance school detachment 11th division; batteries C and F, 137th field artillery wilth (supply company, ord nance dotachment, medical detachment from Arkansas, Mississippi, Alabama, Illinois and District ef Columbia; cas ual companies 314 and 319 inclusive; medical detachment casuals, sick and wounded totaling over 1000 mon and officers. . - 1,1111 IM HAH Vr UI 1- II II n I III IUr MM M M If viiiair sf mm F aa! r A I If AMsTtTu Damaawa Di enne bram Mntiiarn I vier And Bowels. ; Accept "California" Syrup of Figs only look for .tho name California oa the packago, then you are sure your child is'having the best and most harm less laxative or physic for the little stoinacr, liver and Ibowols. Children! love its delicious fruity taste. Full di rections for child's dose on each bottle. Give it without fear. 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