The Temple Daily Telegram (Temple, Tex.), Vol. 4, No. 39, Ed. 1 Thursday, January 5, 1911 Page: 1 of 8
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MEMBER ASSOCIATED PRESS
VOL 4. HO 39.
TEMPLE, TEXAS, THURSDAY MOBNING. JANUARY 5, 1911.
PRICE FIVE CENTS
&
9
ARGUMENT
HhS BEGUN
IN PROPRIETARY MEDICINE CUT
RATE CASE.
TRUST LAW INVOLVED
Action Wu Brought By Dr. Miles
Medical Company of Elkhart,
Washington, Jan. 4.—Do contracts
to prevent "cut rates" In proprietary
medicine# violate the Sherman anti-
trust law or the common law In re-
straint of trade?
That question was argued tod ay'be-
fore the supreme court of the United
States. Upon the decision of the court
is said to depend the continuation of
"cut rates" in proprietary medicines
in the United States. It probably will
be several weeks before the court will
announce its decision.
The question was brought before
the court by the Or. Miles Medical
company of Elkhart, Ind. A few years
ago that company entered Into cer-
tain contracts with dealers In medi-
cines throughout the country. ThOBe
w«re not contracts of sale, so the
compauy now contends, but contracts
of consignment, unded which the deal-
ers did not become the owners of the
medicines, but did become agents of
the company. One of the conditions
of the contracts was that the dealer
should sell only to certain persons
end at wtain prices.
John D. Park & Sons company of
Cincinnati, Ohio, did not enter Into a
contract with the Dr. Miles Medical
company, but the latter charges the
Clnclnati firm with Inducing others
who did make such contracts to break
the eruditions concerning persons and
price. The manufacturing company
went Into the courts, asking for an In-
Junctlbn against tie Cincinnati com
pany to prevent It from securing con-
tract violations and from selling the
medicine at cut rates.
Justice Lurtcn, then on the circuit
bench, announced the opinion of the
United States circuit court of appeals
for the Sixth circuit, In which the In
Junction requested by the manufac-
turer was denied. The case was ap-
pealed to the supreme court, and
Frank B\ Reed and Edwin F. Rogers
presented a brief In support of the po-
sition taken by the Dr. Miles Medical
company. Alton B. Parker and Wil-
liam J. Schroeder filed a brief for the
John D. Park * Sons company.
In the brief for the manufacturer
It was urged that the lower court had
erred in holding that even if the con-
tracts were construed as contracts of
consignment or agency, that they
were void because In restraint of trade
both at common law and under the
Sherman anti-trust law.
In* the first place. It was argued In
the brief that contracts between a
principal and an agent were not in
restraint of trade, whatever condi-
tions were included In the contracts.
Furthermore, It was contended that
ihe medicines embodied trade secrets,
md from the very nature of the arti-
cles the owner of the secrets was en-
titled to a monopoly therein.
In the brief prepared by Mr. Park-
er and Mr. Shroder It was argued that
the courts could not Insure an unnec-
essary monopoly In proprietary medi-
cines. It was argued that the manu-
facturer was asking for protection
granted only to patented articles,
without subscribing to the condition
PETITION TO
INTERURBAN
PATR0N8 TIRED OF FREEZING ON
«TREET CARS.
HARD ON MOTORMEN
Everybody Joins in Request For
Heating Arrangement*—Com-
pany Can't Well Refuse.
ly, that they will become available to
the public after a few years. Ex-
tended arguments were presented In
the brief to show that the contracts
violated the common law and the
Sherman act
Mir. and Mb*. Rogers will give
their dance tonight instead of Friday
night, this week only/ Come.
To the Board of Directors, Belten-
Temple Interurban Railway:
We, the undersigned citizens of
Temple and Bell county, also fre-
quent patrons of the Belton-Tempie
Interurban railway, respectfully pe-
tition you for no other but humane
reasons to equip your cars with heat-
ing facilities for the necessary com-
fort, especially for the motormen
and conductors:
P. A. Heckman, pastor St. Mary's
church; Jas. E. Ferguson, C. A.
Hughes, C. W. Caldwell, Jr., C. K.
Maidyn, J. H. Davis, Jr., T. A. Mat-
thews, W. D. Parish, O. McKay, A. J.
Jarrell, W. T. Stokes, J. H. Sample,
W. O. Huniiey, C. R. I^asd, F. K.
Downs, J. M. Ij«», L. Brown, James
E. Speer, P. L. Downs, Jr., Jno. J.
Cox, S. S. Cox, B. Booth, T. B. En-
gledow, W. W. Watts, B. T. Helms,
H. H. Smith, R K. Henderson, W. O.
Stoner, E. H. .P. Bain, W. F. Free-
land, B. G. Austin, Jno. O. McKay,
Chas. S. Cox, B. D. Baugh, J. W.
McLeod, Claude Neal, W. J. Wann,
H. G. Wagner, J. F. Hollingswerth,
J. T. Francis, Geo. R. Weber, W. B.
Blaine, H. J. Stavinoha, J. A. Stav-
inoha, L. M. Robinson, L. S. William-
son, Fred P. Hamlll (Mayor), A. L.
Flint, G. W. Barclay, Ernest Slu-
blckl, C. C. Dickson, P. E. Cheeves,
Tom A. Foster, W. J. 8tewsrt, E. C.
Johnson, R. D. Cheeves, J. J. Adam*,
W. W. Shepperd, M. T. Shepperd, T.
J. Slaughter, F. M. Nichols, B. J.
Roop, Jack Lynch, W. C. Brown, Geo.
Houghton, F. M. Spann, Jim Hough-
ton, Ivsn H. Jones. C. J. Daniel, C.
A. Davis, R. O. Oreshsfsn, John Mc-
Fadden, H. S. Newland, W. T. How
ard, J. A. McCalmont, E. O. Easter-
wood, W. R. Knight, J. W. Jones, J.
R. Layne, W. S. Lemly, C. I. Mitchell,
M. Oppenhelmer, Joe Sapplngton.
The above petition Is a taking of
form of wishes and complaints of
many patrons of the interurban line,
who have suffered from cold while
making the cross country trip. The
desire for a heating system for cars
Is not new at all but it is has been
accentuated during the present cold
spell and the circulating of the pe
titlon was undertaken yesterday by
Father Heckman. He stated that he
had been in doubt about people sign-
ing It freely, but that every person
to whom It was presented readily put
down his name, and with generally
comments as to it being "a good
thing." This demonstrated that there
lg a general complaint against the
cold cars, and those who have fre-
quently used them early In the morn-
ings particularly the school children
are sore sufferers when the weather
Is cold.
It Is stated that there is an elec-
trical device which can be placed In
cars which would cost little after
the expense of Installation. This de-
vice gives the motorman a warm coll
to stand on during his long hours
of service, and it also affords suffic-
ient heat to keep the passengers
warm, especially In the matter of
protecting their feet from the In-
tense cold which Is generated In a
swiftly moving car of an early
morning.
The petition will be circulated
The Latest Photograph of Miss Vivien
Gould, Who Is Soon to Wed Lord Decies
8
TEMPLE GETS S. B. ELKINS
FINEST STORE PASSES AWAY
MISSISSIPPI STORE PREPARING WEST VIRGINIA SENATOR DIES EH
TO MOVE TO NEW QUARTERS
Imposed upon patented articles, name- today an(1 jt i„ expected that
the request will be so unanimously
endorsed that the company will hard-
ly throw It Into the waste basket.
Just Sow
A married woman might he referred
to as it peach, but she hss to be di-
vorced before she becomes a peach tf
Reno.
HEN UNDECIDED,
come here, You gen-
erally find what you
want in Footwear,
and our Monarch
Shoe at $4.00 is an
excellent example of
the extreme values always to be found
here. '
New York, Jan. 4-—Mr.
and Mrs. George f. Gould
intended to announce the
engagement of their daugh-
ter Vivien to Lord Decies at
a dinner in their home, 857
Fifth Avenue, Jan. 19 next.
The dinner, for which invi-
tations are out, is to be one
of a series of entertainments
to mark Miss Gould's for-
mal, debut in society and at
once to celebrate her en-
gagement. As everybody
knows, it remains usually
KITCHEN STOVE EXPLODES.
Mr>. J. B. Mawhew of Waxahacihie
' rw*
*
for the parents of the lady
who has given her heart and
promised her hand to an-
nounce her botrothal a s
proof that tjiey approve it.
So, her friends say, Mrs.
Gould is rather disappointed
that the announcement
was made first in the Lon-
don Morning Post, a respon-
sible newspaper which speaks
authoritatively of those in
England's fashionable so-
ciety.
FINE APPOINTMENTS
WASHINGTON.
Claim Made That This Will Be the
Finest Store in State of Texas.
Work Begun.
WAS ILL LONG TIME
Has Narrow Escape.
Waxahachle, Tex., Jan. 4.—Mrs. J.
B. Mawhew had a miraculous escape
from death when the kitchen range
on which she was cooking was com-
pletely wrecked by an explosion. She
was painfully bruised by a flying
piece of the stove, but her injury is
not of serious nature. The kitchen
wrb badly damaged, windows thirty
feet from the stove being blown out.
A range also exploded at the home
of Frank Oldham, but the damage
was slight.
FINED FOR REBATING.
P| & R. Ry., Lehigh Valley Ry. and
Bethlehem Steel Co. Each Fined.
Philadelphia, Jan. 4.—Judge Hol-
land in the United States district
court Inflicted a fine of $40,000 each
on the Philadelphia & Reading rail-
way, Lehigh Valley Railroad com-
pany and the Bethelem Steel com-
pany, charged with unlawful rebat-
ing. The defendants announced they
will appeal the case to the supreme
court.
>
GUARANTEE SHOE CO.
"The Shoeists"
TO BE TRIED IN HOUSTON.
Men Accused of Killing; Negroes Near
Palestine to Stand Trial
Houston, Tex., Jan. 4.—Six white
men wpre lodged In Jail here today
from Palestine, charged with the
murder of negroes In the race trou-
bles at Slocum, Tex., near Palestine,
last July. There were twelve men
under Indictment, but the others
wore given bond. The cases come to
Houston for trial on a change of
vsnua from Anderson county.
GREAT DAMAGE TO
ORANGES FEARED
FLORIDA IS IN THE GRIP
FRIGID WEATHER.
OF
Coldest in Alabama For Twenty-five
Years—Damage Occurs ja
That State.
Is stopped. Women clerks in the oap-
Itol building remained there all
night, It being considered unsafe to
venture out. The wind blew down
the Young Women's Christian asso-
ciation building, In course of con-
struction, and many plate glass win-
dows were blown in.
Washington, Jan. 4.—Florida Is In
the grip of frigid weather tonight.
The cold weather swept as far south
as Miami and the extreme southern
portion of the mainland. Today the
thermometer stood at the freezing
point at Jacksonville, while in the
northwest portion of the state tho
mercury fell from 12 to 14 degrees.
Great damage to orange crop is
believed to have resulted.
Severe Damage.
Bay Mlnette, Ala., Jan. 4.—Orange
trees and truck gardens were severely
damaged in this section today by the
coldest weather in twenty-five years.
Street thermometers registered 12
degrees above zero. Ice nearly
inch thick coated ponds.
an
ANOTHER TRAIN ROBBERY.
Two Robbers Loot Mail Car in Wash-
ington, Shooting Mail Clerk.
Seattle, Wash., Jan. 4.—A mall
car on the Northern Pacific Coast
Line, Limited, which left here at 7
o'clock tonight for St. .Paul, was rob-
bed by two masked men who board-
ed the train as It pulled out of the
city. Henry O. Clark, mall clerk,
was shot and seriously wounded.
Little
Houston, Tex., Ja$T 4.—Reports
from the Texas citrus fruit belt are
that practically no damage was done
by the severe freeze Tuesday. In
some instances exposed orange trees
will lose the latest tender growth,
but this will not materially affect
the present year's crop,
Women Clerks Marooned.
Regina, Canada, Jan. 4.—The bllx-
sard which has been raging for two
days la so severe that all street traffic
NEGRO ELECTROCUTED.
Egg-Shaped Head of Prisoner Causes
Bobble in Execution.
Ossining, N. Y., Jan. 4.—Samuel
Austin, a negro Jockey, well known to
followers of racing on eastern tracks,
was electrocuted In Sing Sing prison
yesterday for the murder of bis wife,
whom he killed at Marmaroneck on
Sept. 4, 1909.
On account of the peculiar epg-
shaped bead of the negro the off!
clals had great difficulty In adjusting
the electrodes and two long shocks
were required to Insure death.
Honduras Capital Threatened.
New Orleans, Jan. 4.—General
Luis Duren, commanding flvo thou-
sand Honduran and Nlcaragusn revo-
lutionists. Is closing In on Tegucig-
alpa, the capital of Honduras, and
he will attempt to take the city today
or tomorrow, according to newa
brought to this city today by the
steamer Karen from Ceiba.
Another of the big new year en-
terprises, though not involving the
erection of a big new building, is
that of the coming removal of the
Mi«sissippi Store from the present
locatios on Main street to the block
purchased on upper Main street
facing the public square.
A new building is not to be con-
structed, yet there are to be such al-
terations, inside and out, on the old
structures, that the move will amount
to almost as much as building from
the ground In expense and in appear-
ance. This includes the interior fur-
nishings of the new store, which are
to be on a scale not to be seen iu
Texas at the present day, and which
will give the Mississippi Store the
front rank above any dry goods house
south of St. Louis. This is saying
much In knowledge of the fine es-
tablishments in other Texas cities
and it is not Intended to convey the
Idea that the Temple establishment
will surpass others In size, but it Is
meant that the luxurlousnees of the
furnishings, the conveniences of the
fixtures and arrangements and the
general "swell" appearance of the es-
tablishment will surpass anything In
the country.
The front of the building will be
of plate glass, passenger and freight
elevators will be put in, the interior
plan calls for plate glass show eases
with marble bases, mahogany wood-
work: throughout, and in general the
flneet furnishings that the most mod-
ern interior artlsta have produced.
The building to be occupied at this
time Includes a dimension space of
100 by 100 feet, with two stories, a
third story to be added later. The
ground floor will be utilized for the
dry goods, clothing and general stock,
sb Is the present arrangement In the
old stand, and the upper floor will
be given over ladles' read-to-wear
goods, millinery and that class of
stock. Upstairs and down, the same
lavish attention will be given to con-
veniences and appearances, and the
completed establishment Is going to
be the wonder of the state.
As "Is generally known, Mr. Jarrell
purchased this block last year, with
the Intention of occupying it. He
purchased also the building on the
corner. Just across the avenue from
the federal building now In course of
construction, and separated only by
a wall from the block he Is now
having fitted up. The corner space
will be absorbed later, It having been
purchased subject to a lease by the
Danlel-Davldson Furniture company,
which lease expires next September.
With that vantage point added to the
block now being remodeled, the Mis-
sissippi Store will begin to compete
In size as well as in quality of Its
appointments and It is a known am-
bition of Mr. Jarrell, the owner, to
make this store the peer of any In
the state, In every way.
The work of remodeling commenced
yesterday, with the removal of the
partitions, and It will be rushed to a
quick completion. The contract calls
for delivery of tke remodeled build-
ing March 1. Orders have been
placed for the fixtures and it is ex-
pected to have everything in readi-
ness for moving in early ln the month
of March.
As understood, the building now
occupied, one-half of which is owned
by Mr. Jarrell and the other half
held under lease of some years, will
be rented to some other firm by Mr.
Jarrell, but that at present there Is
no contract entered Into with a pros-
pective tenant.
Among His Achievements Wag the
Passing of the Elkins Anti-
Trust Bill
Washington, Jan. 4.—United States
Senator Stephen B. Elkins of West
Virginia died at 12 o'clock tonight af-
ter a lingering illness. Members of
the family were present when the end
came.
Death was due to blood poisoning.
He was conscious until within half an
hour of his death.
Senator Elkins became ill la the
early summer aud was kept in strict
confinement at his home in Elkins,
W. Va. On November 9 he removed
to Washington aud was reported con-
siderably improved. His ailnte«t nev-
er was definitely known, but according
to physicians tonigt the senator died
from a complication of diseases aris-
ing from septicaemia.
No funeral arrangements have been
made, but it is probable that the bu-
rial will take place at Elkins.
Among the achievements standing to
the credit of Senator Elkins is the
passage of an anti-trust bill sooo af-
ter he entered the senate, and Innum-
erable amendments to the railroad
bill* of 1607 and 1910. He first sug-
gested the use of the corps of engin-
eers of the army tor building the
Panama canal.
Senator Elkins was born la Ohio
In 1841. While very young he went
with his father's family to Missouri.
In 18G4 he went to New Mexico,
where he Anally became a delegate In
congress from that territory. While
so serving he married the daughter of
Henry Gassoway Davis, then senator
from West Virginia. Soon after mar>
riage he established his boms In the
latter state, where he built up a great
fortune, largely through the develop'
ment of natural resources. His first
election to the senate took place la
1893.
CRUSHED BY ELEVATOR.
Horrible Death of Houston Tailor in
Sight of Many People.
Houston, Tex., Jan. 4.—Peter Nel-
son, proprietor of a tailoring estab-
lishment here, was caught between
an elevator and the third floer today
and crushed to death In sight of
many people who were unable to aid
him.
After Steamship Lines,
New York, Jan. 4.—.-The United
States government today entered suit
under the Sherman anti-trust law In
the fede.al court of this city against
thirteen steamship lines, charging
them with attempt to unlawfully
monopolize transportation of steerage
passengers between the United States
and foreign countries.
Anti-Trust Law Questioned.
Washinggton, Jan. 4.—Officials of
the American Naval Stores company
today filed a petition la. the supreme
court for a review of their convic-
tion In the federal court on a charge
of violating the Sherman anti-trust
law. The question of sufficiency of
the measure as a penal statute la st
issue.
GALLAGHER GETS 12 YEARS.
Man Who Shot Major Gaynor Con-
noted For Attempt on Edwards.
Jersey City, Jan. 4.—J as. Gallagh-
er, who attempted to kill Mayor Gay-
nor of New York City as he was about
to sail for Europe last August, was
found guilty of atrocious assault with
Intent to kill Street Commissioner
Edwards of New York, who was shot
while attempting to aid Gaynor.
Justice Swayse sentenced Gallagh-
er to twelve yean in state's prison at
Trenton and to pay coet of prosecu-
tion.
OFFICIALS GRATIFIED.
First Day's Operation of Savings
Banks Satisfactory.
Washington, Jan. 4.—Gratification
is expressed by officials of the post-
office department today over the suc-
cess of the first day's operation of
the postal savings bank system In-
augurated yesterday. Telegrams In-
dicate that hundreds of persons la
the forty-eight cities where deposi-
tories were opened availed themselves
of the opportunity to deposit their
surplus cash. The deposits ranged
from one dollar to several hundred.
Judge Somerville Expires.
Richmond, Tex., Jan. 4.—Judge H.
L. Somerville, aged 78, dropped dead
it the breakfast table this morning
of heart disease. He was postmaster
here, a Conferedate veteraa and a
brother of Chief Justice Somerville
of the Alabama supreme court.
t Crave Comradeship.
We all need companionship of
SOft^—Bishop of Knareabgrouah,
Earthquake in Rutin.
Tashkent, Astatic Russia, Jan. 4.—•
Earthquakes early this morning at
Kopal Vyorni und other places in the
government of Semtryetehsnek. kill-
ed hundreds of persona and rendered
thousands of families homeless, f
Ucally all the storas and
of Vyorni, a city of 21,900
tents, warn
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Williams, E. K. The Temple Daily Telegram (Temple, Tex.), Vol. 4, No. 39, Ed. 1 Thursday, January 5, 1911, newspaper, January 5, 1911; Temple, Texas. (https://texashistory.unt.edu/ark:/67531/metapth471021/m1/1/: accessed April 23, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Abilene Library Consortium.