Historical Newspapers of South Carolina

Below is the OCR text representation for this newspapers page. It is also available as plain text as well as XML.

nilCM-MWHB" PATENT LAW (?IL'iVlN ?U NI-KS or tWTUNTfc <M> Ion of tinted state* Supreme i ourt <.|\c?? Patentes?? IVmrr to Hf?vlf> ?II \rtl? Irs I ?d In O-xrat U\< I'Mcrt. I , \ I'rhr und l?n x>rlhc 1 -\4a> ii,m Dl^-uuus Fffect I ?hi Pending \utl-lriist Kult?? il.trf Jumdec WlilU?. Dissenting, Majority Mi'nilM'w. Wnshlngt m. March 11.?The8u Court today held that the own fr>er of ? patent ha? an unnstrtcted mo upon all articles used In Its aperattoa, may tlx Its price and pre? scribe Its use. and thereby laid down a broad principle of doubtful applica? tion to many of the Government's Im? portant anti-trust suits now pending which Involve questions of patent P rights. The Court gtOSsj four to three. Chief Justice White, with whom dissented Ju-thSM l4tiuar and Hughes. In a spir? ited opinion, voiced his dread of ihe results of the Court's work, erkir.g <'ho could foretell the extent of mo opoly snd wrongful restrictions which would arise. As construed by the majority cf the Court, the Chief Justice declared the patent law could rea*-h out to Include within a patent every concehahl? thing used in every ^American ho mehold. * The Chl?f Justice declared that Congress should act to head off "un? told evils." which would follow the Court's construction cf the law. and arraigned the majority as having brok. en all precedents. The Court In Its m history, he sit Id. had never fulled to V do its duty to the whole people and to stand ss the protector of every household. Justice Lurton, who delivered the ^jjrsjuritj opinion, was Joined by Jus? tices BfcKenn i. Holmes and Van De ^van.er. W Officials of the department of Jus? tice were not Inclined to discuss the Court's deolsi* n or Its application to anti-trust suit*. Attorney General Wlckemham and Solicitor General Ij*hmaiin heard the decision and re? ded It as epoch-making. Mr. Leh? mann declined to make a statement and At orney General Wlck.>rsham was unwilling. imrins the Isst two years the de? partment of Justice. In It* prosecutions sjaslef ? ,?, Sherman law. has encoun g&ter re ind more the question of ^tr. . gl ?atentees. Home official* ent have predicted that ults of the future would be fought along these lines. That <1*.est ton was Involved In the case ^against the Electrical Trust, now set ? tled In favor of the Government, and some QgjsptsjlB think the same question might be Introduced In any anti-trust suit against any Industrial combina? tion. Hecaus- of the sweeping Import ttanre of the decision to the enforce? ment ?>f the Sherman law. It Is not Improbable that a rehearing may be asked for to bring the question be? fore a full bench of Justices. Justice Day Ik not participate, and the va caused bv the death of Justice r- Harlan has riot been filled, though Chancellor Pitney, of New Jersey, has been nominated, but not confirmed by the Senate. Foremost among the pending anti? trust suits which may be affected are those against the I'nlte.) shoe Ma? chinery Company, the Keystone X- ?Vateh Company and the so-calted "Coaster Krake Trust." A score or more of Investigations now under way by the department of Justice, In whl< h < < rj.orations are claiming the right* of pat mteeM to certain mono? polies and restrictions, are vitally af K farted. Department of Justice officials be? lieve the decision may throw out one feature of the case sgalnst the K. - ston?? W?t. h <*ornpK?.y. relation* to reselling prices. In the Shoe Maehln ?f ory Company case, in which SjSjQOtloni of patent rights are Involved, al? though It Is admitted the company may strengthen some portion* of Its defences by the decisions, the de? partment of Justice regards those suits as considerably broader than 01 she usual assa tra?t Msshi Isrrorvhsf patents, hee.mse of the Co\ rnm.nt's allegations of combination. The case ac tually before the Cour f#.iccrn?-d tlie right of the patentee of a rotary aiimeograph to bind the pur ?4ci?i- r of . i. h asaohlat to aas upon / n only ink whi-b to- maaafi The question aroae as to whether the llr??nse r- -friction was governed by contract law. over which the Mats Courts havi Jurisdiction, or whether It w ?? ? ontrolh d ?.v the p t ent law. and thus within the lurls JFiW- .ft oi the i deral Courts. Tim New York Ked ral Court Bgfced faff In? struct Ions. Se\ era I ttgncf the SjSJgettefl hoi srisen In the Federal Clr? sjtf Coi.rts. Most of tu.on had followed | MM ding $F iv ision snnounced by stattet Lor* ton. then n r*,rrn!t Tud:?e. sn t known SS tfce "?o?f,,n fastener case." In thai daSMMsj Judge Lurton held It was governed by patent law and con S'piently valid. Today he approved tnat decision, i I ?ne of the express reasons given by Chief Justice White for his dis? senting was to make It clear that if evils arise from the decision "their continuation will not he caused by the interpretation given to the statute, but will result from the Inaction of the legislative department In falling to amend the statute so ax to avoid such evils. The amendment would be some re trlction on the use of a patent. Chief Justice White first contended tM.it the "license restriction" was a collateral contract relation and crltl SSSSd the Court for "unwarrantedly extending" the Federal judicial pow? er over them. "The rulllng now made." said he, "In effect. Is that the patentee has the power, by contract, to extend his patent rights so as to bring within the claims of his patent things which are not embraced therein, thus vir? tually legislating, by causing the pa? tent laws to cover subjects to which, without che exercise of the right of contract, they could not reach; the i result being not only to multiply mo? nopolies at the will of an Interested party, but also to destroy the juris? diction of State Courts. SKAIiOARD ORADINO COMPLETED Work Heteon Hartsvlllc ami Bishop vllle Wound I p? Handsome Hank Building?< oast Lino Improve? ments. Hlshopvllle. March 13.?The hand? some and costly building w>lch the Hank of Hlshopvllle has In course of construction Is taking shape rapidly. It is being built of gray stone and is to have two mammoth colmuns, one on ?iich side of the street entrance. Humor has tixed the cost of erecting the building at thirty to thirty-five thousand dollars. A large grading outfit passed through town this week, giving out that all grading had been finished to the river. On this side the grading is finished to well within the incorpor? ate limits. It Is understood hefe. that 25 car loads of Iron have arrived in Hartsville for this road and that track laying had commenced from that P<dnt. The Atlantic Coast Line Is cry so llcltlous of our comfort and safety these days In addition to the new brick passenger station ticket office and baggae room our freight depot has been lengthened to 210 feet and the cotton platform has been enlarg? ed and sheltered. The capacity of the otton platform Is now pretty near the fifteen hundred mark. 1 Our country roads are execrable and our city streets In places are wowe. I Maybe we need vitrified brick roads. It Is said that such roads are costly. It can also be said that these openings which are now called roads are cost y. about $20.000 annually for this c ounty and not a yard that Is per? manent. ?? - <;m:n\ wkst cowictkd. Com lot al on One Count. Acquitted on the Other. tJIenn West, whose reputation as a blind tiger Is unsavory, was tried in the Ueconler's court Tuesday af? ternoon on two counts for selling whiskey. Mi was convicted on one. while on the other, in which It SOSIM there had been a mistake in the mak? ing out of the warrant, he was ac? quitted. Mr. C.eef I >. Levy represented the defendant, while Mr. John H. Clifton represented the city In the oaiSS, In the first Instance A. J. Dennett it was alleged. had bought whiskey from Qlona West, while In the second c ase he hid Secured whiskey troin Qlonfl West by sending Bllkltl Harten for the whiskey. Uart<?n has since left town, there was .mother warrant out for nln for selling whiskey, there? fore wa- not at the trial. It Is probable that other cases will be postponed for Several days as Mr. i>. i>. Moles, who represents the defendants in BOVOrul cases, will h,t\. to lie in Hlshopvllle In attend? ance upon court at that place. Mr. Cllftog has g|ao gone |0 Hishopvllle to ittend court and will not he In the city to prosecute the case-. Chantberlaln's Cough Remedy has won its great reputation and exten? sive snta py its remarkable euren of coughs, colds and croup. It tan be depended upon, Try it. gold J,y all dealers. There hu\o been aliaady unite a numbef of entflei for Ins City Nation? al Hank's diversified terming prises, Children Brs muc h more likely to contract the contagious diseases whan thoy have olds. Whooping COttgh, dlptherhv scarlet fever and consump? tion are dlsen es that nre often con r lOted when the child hug a COld, That is wh) i?n medtcnl authorities1 si\ bowers of colds For the Quick euro of colds you will lind nothing belter l nan Chamberlain's Cough Remedy II run always be depended upon and |S pleasant and safe to take. I 'of llej by all dealers. MURDERER ARRESTED ? DETECTIVES MAY HAVE YOUNG JACKSON'S SLAY Kit. Thought that one of .Several Hack men Arrested May Prove tiio Mur? derer?Bight With Negro Boye the Cause of White Lad's Death. Bpeelnl to The Daily Item. Florence. March 13.?Police and detectives hnve srrsstsd hack drivers who may. on further Investigation, prove to be parties who murdered Andrew Jackson A fight which oc? curred between Jackson and two ne gro boys In the early part of the day, followed later by an attack on young Jackson, which was more serious than was int? ruled, led to the murder and hiding of the body. The hackman is named Mclntosh; his driver who is supposed to have done the deed is named "Georgetown." MARRIAGE LICENSE RECORD, Mr. Rutledge Barkley and Miss Em? ma Jones Mai ited by Clerk of Court. ( Ins marriage license was issued Tuesday. Mr. Butledge Barkley and Miss Km ma Jones were the contract? ing parties. Immediately after having secured the license the young couple was II arrled by the clerk of court in the court room, a number of relatives ?mi friends having assembled to wit? ness ihe ceremony that made the two I f them man and wife. FIRST PRIMARY IN NFW COUNTY Many of Jasper Officers Nominated on First Ballot?Second Flection Bet for March 2?. Kidgeland. March 11.?The first Democratic primary election for Jas? per county, the newest among coun? ties of the State, passed off quietly today. Inclement weather probably kept down the vote, a total of 600 being all that was cast. Very little SXCltoinont was caused over the elec? tion, but in many cases the race was close. For Judge of probae. W. A. Sauls wins without opposition, A second race will ho necessary for sheriff. H. H. Porter leading G. L. Langford by one vote. The others in this race were W. S. Cooler and W. K. Hubbard. W. J. Kills wins for clerk of court oyer G. B. Conniffeo and IL D. Bur net. J. S. Berg wins for treasurer by a large majority over three opponents. For supervisor, W. H. Woods and W? A. Langford Will run in the second primary, there being three other can? didates for this office. W. A. Valgneur wins for auditor OVfV C. Miles Paudon. H. If, Jefferies wins for .superin? tendent of education. J. H. Mew. W, J. Nettles and J. W. Smith will run a second race for coroner. They having received the largest vote of the four candidates. For county commissioner W. D. Floyd is elected and a second race will be had between C. Kirby Smith and Theo Malpauss. Four others of? fered for this office. The members of the. legislature will not be selected until the August primaries, The second primary will be held on March lit;. COLUMBIA CANAL DECISION. Supreme Court Hands Down Opinion ill Important Case. Columbia, March 11?a decision was today handed down by the Su? preme court, in the case <>f the state against the Columbia Water Power Company, the Columbia Electric street Railway, Light and Power Com* any and the ('>'y Of Columbia, or? dering that the city of Columbia "ha allowed eight months from the tiling of this decree for the removal of Us bridge over the Columhls Canal; that the Columbia Street Hallway. Light and Cower Company, within three months of the filing of this decree, open the Columhls Canal by putting the locks in workable condition at the Broad River entrance to ti ?aal. This means thai within eight month- from date the Columhls Can? al must be opened for navigation from Qervali strei t, in thU city, as far up the stream as the conditions of the canal will allow. It is said by persons Interested that within a few months tins, if carried out, will accomplish the navigation of Ihe stream some five of -K mihs shove tin city of Colum? bia. The water company's bridge Hi M'S?- the canal is USed for the sup? port of a water main. part of the ? Ity's water works system. v*ti ? locks on tie- canal belong to the c rail? way company. You can say goodbye to constipa? tion with :i clear conscience if you use Chamberlain's Tablets Many have bee,, permanently cured by their me, For SSlS by all ?lealers. RELIGIOUS CENSUS TO BE TAKEN I Pastora i<? Furnish information at a Mass Meeting to be Hold on Muren ;ust. Th ? committee appointe d by the executive committee of the Men and Religion Forward Movement will get to work at once taking a religious census of the city. The results of this c 'Usus with the reports Of the pas? tors of each church will be received at a mass meeting to be held in the Presbyterian church on March 3ist, and active steps will then be taken to carry on B religious campaign In the city. The executive committee of the Men and Religion Movement met on Thursday afternoon and appointed a committee of forty from the com? mittee of one hundred, which was in J turn appointed several weeks ago to take up the movement in Sumter, who are to take a religious census of the city in the next three weeks, when thev will make their report to the executive committee. This com? mittee met Monday to organize for i the work in hand and divided itself J up, giving committees certain parts j of the city according to streets to work in. The subcommittees will call upon all of the citizens in their districts of the city and ask for information that is necessary in the taking of the religious census. The citizens are asked to give the information when the committees call upon them and to give the members of the commit? tee a cordial reception as they are doing this work for the good of the city and not for their own benefit. The information asked will be written out on a slip of paper and every man in the city will be given a slip of pa? per, as herewith reproduced, upon which to answer all questions. ^'tnt'et.No. Name. i'hut ch Membership. Church Preference. ?'hurch Attendant. Age, if minor.yrs. Male, Female. Which R. R. Attended. Remarks. Uht separate sheet for each name. The pastors of all of the churches are also to keep a record during the month <>f March of all members of the church and whether they are reg? ular attendants at church or not. All of this Information will be on hand at the mass meeting of all the churches which will be held in the Presbyterian church on March 31st, svhen active steps will be taken to cany on the religious campaign. ANSWER IT HONESTLY. Are the Statements of Sumter Citi? zens Not More Reliable Thun Tliose of Utter Strangers? This is a vital question. It is fraught with interest to Sum? ter. It permits of only one answer. It cannot be evaded or ignored. A Sumter citizen speaks here, Speaks for the welfare of Sumter. A citizen's statement Is reliable. An utter stranger's doul tful. Home proof is the best pro< f. William Yeadon. 27 Hayns worth street, Sumter, S. C, says: "I am confident that Doan's Kldnt y i'iiis act just as represented and arc wor? thy of endorsement. 1 have ta'cen them for dull backache and trouble with the kidney secretions, getting my supply at China's Drug Store. 1 have always received protr.pt relief and consequently 1 have no hesita? tion in giving this preparation my endorsement." For sale by all dealers. Price 50 cents. Foster-Mllburn Co., Buffalo, New York, sole agents for the United States. Remember the name?Doan's? and take no other. No. 22 Many a Man Is a critic because Ik* likes to he contr try. You can go contrary to the wishes ol v n u r friends and neighbors and sometimes get the best of them; but go contrary to the dictates of nature and yon al ways i^ct the worst ?>l it If Nature Says Spectacles, Why, Spectacles it must . hi'. Nature won't ac cept just Spectacles though; they must be right Spectacles, We i an give the Kind nature demands, and < >ur prices at e right, too. (iraduate optician in chaige. r W. A. Thompson. Jeweler and Optlciau. y ggg ii lenmntiimiii .msswpu. ny.nri CLECKLEY HELD RESPONSIBLE. Windsor Chief of Police in Jail us Result of Pitched Bettle of Satur? day. Alken, Merck 11,?The coroner's jury investigating the death of liand ford CtlShman at Windsor Saturday nl fht hold an inquest yesterday aft. r noon and after hearing number of witnesses and particlpante In the bat? tle, in which Cushman was killed and f< ur oth. rs wounded, returned a ver> dict that Cushman came to his death by a pistol shot flred by John deck ley, chief of police. Clockley is in jail Witnesses stated that Cushman was not a participant In the battle and \\;is unarmed, but was drinking. The bullet which cost his life entered ; bout live Inches below the collar bona end four Inchon to the right of the brollt bone. He lived only a short time after being shot. Cleckloy has made no attempt so far to secure ball, it is stab d that all who were injured in the battle will recover fr<>m t hejr wounds. The organization of the shoe fac? tory having been completed the Chamtx r of Commirci has an achieve? ment to its credit that, aside from everything else it has accomplished since its re-organization a year ago, justifies its existence. W. P. Baker was shot and prob? ably fatally wounded at Kingstree on Monday by J. C. Hudson. Tho diffi? culty grew out of a business dispute over the dissolution of the firm of Baker and Hudson. Help Wanted 1 appeal to every farmer, and every Mend of every farmer, to ?s? tet in the cotton acreage reduction movement. "The Rock Hill Plan," owing to the late start, could not be perfec tly organized in every county, nad Where it was organized, some farmers have, perhaps, been over coked. J. G. ANDERSON, ROOK HILL, S. C. "The Rock Hill Plan" VY agree to reduce our cotton acreage for 1912 as noted below: Ui||C PLANTED 1911 TO BE PLANTED NAWt ACRES 1912 ACRES (Paste on extra sheets if more room is needed.) Help in this light against the Hear* by c utting this pledge out and Cir? culating it. Don't let the recent ad%anc" i-i price fool you. Reduced acreage in cotton means better prices, diversification and good times. \nother big crop, or even an average crop, means hard times and business itagnatlon. Report sent in by.of. Get all the Signers you can and mall this to J. G. Anderson, Rock Mil. S. <\ Carolina Special High Class Klectrically Lighted Train Between CHARLESTON AND CINCINNATI -VIA Southern Railway PREMIER CARRIER OF TI?E SOUTH. In connecting wltk 0. N. O. and T. P, Pal way Consisting of Com? bined Bags'age *nd Smoking Car. first (lass OoaCB, Pullman Drawing Kooin Sleeping Cur. Pullman Observation Sleeping Car and Dining Car Service. Solid between Charleston and Cincinnati on the following conven-' | lent schedules : WESTBOUND NO. 27 F.ASTBOCND NO. 28 Lv Charleston .9.00 AM Lv Cincinnati.6 36 PM Lv Summerville.9.J8 AM Lv AsheviHe . 10-25 AM Lv Orangeburg.11.17 AM Ar Spartanburg.14? PM Lv Columbia.I.M PM Ar Columbia.4.M PM Lv Spartanburg... ....4.15 PM Ar Orangeburg .6.15 PM ArAaheville.7.36 PM Ar Summerville .I N PM Ar Cincinnati. 9.56AM Ar Charleston.6.45 PM Connecting at Cincinnati with through trains for Chicago. Cleve? land, Detroit. Seattle. St. Louis, Kansas l^ity. 3Denver, San Francisco, and Points West and Northwest. for further Information call-Southern Railway Ticket Office. S. H. McLEAN, D. P. A. W. E. MeGEE, J. L. MEEK., Coludmia, S. C. D. P. A. A. G. P. A. E. H. COAPMAN, S. H. HARD WICK H. F. CARY, V. P. and G. M. P. T. M. G. P. V FOUR FAMOUS TRAINS "NEW YORK AND FLORIDA SPECIAL" (January to April); "FLORIDA AND WEST INDIAN LIMIT? ED," "PALMETTO LIMITED" AND "COAST LINK FLORIDA MAIL." Din lng Cars? a la carte service. All year round through car service from New York to both Port Tampa and Knights Key, connecting with steamships to and from Havana. For beautifully illustrated booklets and copy of the "Purple Folder," address, T. C. Will I F. W. J.CRAIG, General Passenger Agent. Pass, l rathe Mgr. \\ ilmington, N. ( Atlantic Coa^t Line The Standard Railroad of the South Ramafies the "Na? tion a Garden Spot" Through the States of Virginia, North Carolina, South Carolina, Georgia, Alabama and Florida