Chroniclingamerica.loc.gov
CURES ECZEMA QUICKLY RIGHT TO COM? Sew Discovery Has Revolutionized the
finding the pole, but should simply re? sult In explorations in the far north, the Times is to be repaid the $4,000 out of
the news, magazine and book rights of the expedition so far as they will no
MAY SUCCEED HARRIMAN
and they can get -whatever they want oP need without working.
Relapse of Carlisle, Students.
Young men and women who have heeit
Treatment of Skin Diseases.
toward the liquidation of this claim.
educated at Carlisle soon fall bark Into
Nothing In the history of medicine has erer
Court Dissolves Injunction .Tproarhed the success of the msrrrlou* ekln
remedy known .. pnslam, which. It is safe to
Peary Narrative. .it, baa cured more caaes of eesems and akin
diseases than any remedy ever offered for these
Yours very truly,
on
R. E. PEARY. f
Dissolves the Injunction.
'After inspecting this document and
listening to" further argument, in which
Mr. Beck contended that the Times had
Long Continued Fertility of the the aboriginal habits of life. Some of them make a brave tight against the tra?
Umatilla Valley.
ditional Influences that surround them; occasionally some of them Insist upon liv?
ing and farming and working as the
white people do. but It is a hopeless strug?
NOT BINDING AS A BOOK Ilia. The eatress of pnalam 1* not at all surprising
no right to copyright Peary's account
of his Journey to the north pole as a
srhrn It la ronsMered that eren a very anall
bock, Judge Hand dissolved the injunc?
"DRY FARMING" EMPLOYED gle and thev yield sooner or later because there is no one to encourage or sustain them. The white people In the valley an I
t ^MammMM_
the surrounding towns never lend them a
quantity applied to the skin atnps itching Imme?
tion.
helping hand. The only members of the
by Judge diately and cures chronic caaea in two weeks.
The rery worst rases of eczema, as wall as
acne, herpes. trtter. pilea, aalt rheum, rash,
Claim
of
New
York Times Denied Learned Hand.
The court said:
"I am Inclined to think the injunction
was bad because it was granted on the
supposition that the copyright existed.
crusted humors. scaly scalp and every form
Pearv only had the right to copydlglit
ALEXANDRiAAFFAIRS $4,000 EXPLORER GOT of itch. yield to it readily. Bieralshea such as
plraplea. red nnees, muddy and Inflamed skin dls-
the >book, and not the Times."
AS LOAN
appear almost immediately when pool am la ap>
plied, the complexion being cleared o?ernlKht.
Erery drugwlst keeps both the 60 cent alee (for
Bight
to
Exclusive
Publication
of
Fifty Thousand
Acres
Alloted
in
white race who will associate with an
Indian are precisely the people that
Severalty to Indians.
he should not know. Although the peop>
of the churches pray for his welfare and
contribute money for his education, they
will not admit him to their homes, and
CARLISLE
STUDENTS
RELAPSE
he Is compelled to seek companionship elsewhere, usually in the saloons and dis?
reputable places. Every Indian l?oy or
girl who goes to a t'?wn or to take a
Young
Men
and
Women
Educated
place as a household servant is a social
outcast, and unless there is a circle of
minor troubles* and the $2 Jar, and either of
these may be obtained in Washington at Ogram's, O'Donneli'a, Affleck's and the People's Drag 5tore, aa well aa other reliable drag store#.
Advance Sheets Tested by Rival New York Newspapers.
Changes Among Teachers in
in the East Fall Back Into the
Aboriginal Habits of Life.
them large enough to furnish the socl.il diversions that an Indian, like every other
human being requires, they soon drop
back into the semi-barbarous habits of
life that are practiced by ordinary mem?
But no one Is even asked to purchase poalam
the Public Schools. without first obtaining an experimental package
whk-h will be sent by mall, free of cbargs. upon request, by the Emergency Laboratories, 12 West
DECREASE IN ENROLLMENT 85th atreet. New York city.
MBoAvNemKeEnBiRtllSttofTSLeOacduinrgeC.OUNniFfEorRm Corpo$r1a0t0i,o0n00 Company. STARTLING ?
DMeEmEanTd IN CHICAGO MONDAY Harry Respectively. Law for Protection When
Granted. When Credit Is
MATTER IS BEFORE CONGRESS
Purpose of Government to Sustain
Might Advisory Suppress Bankers Shown in
De?
WEALTH WILL BE SPLIT UP; cision by Controller.
FEAR OF HOARDS BASELESS NEW YORK, September 11..Large del?
egations of eastern bankers and business men will attend the national conference
looking to the establishment of a uniform bill of lading, which will be held In Chi?
Another Added to List of Vast Fortunes Left by cago on Monday. This conference, which
Grocery Company. has been called by the bill of lading com?
Americans, and Looked Upon United mittee of the American Bankers' Asso?
ciation, will precede the annual conven?
tion of that association.
Menace, to Be Scattered Among Heirs. For the past three or four years, bank?
ing, shipping and commercial interests of the country have endeavored to secure .legislation that would safeguard the bill
Overlooking of lading as an Instrument of credit, con?
Among tending that the failure of the carriers
.to assume responsibility for the bills of lading that they issue had resulted In
extensive frauds and the loss of several
million dollars annually by the banks of the United States. They have contended further that unless the alleged evils were
remedies thS banks would refuse to accept
Fright. Negro's bills of lading as a basis of credit. Sev?
eral banks had already taken that stand,
and the fear that similar drastic measures
might be adopted by bankers generally
resulted in concerted action being taken
to secure the adoption of uniform and
satisfactory laws that would settle the controversy.
The entire question came up before the
interstate commerce commission, which
recommended that the reforms proposed by the bankers be adopted, but decided
that it had no legal power to enforce this recommendation against the car?
riers.
Bill Now Before Congress.
A bill covering bills of lading issued on Interstate shipments is now before Congress, and four states have enacted into law the measure proposed by the
American Bankers' Association.
The Canadian railroads have adopted
Erlvate the recommendations of the American
Interstate commerce commission, but the American railroads have not yet done so. However, they have made efforts to
SHERMAN* ROASTS meet the wishes of the shippers and THE UMPIRE bankers, and it is hoped that some def?
BURIAL TO BE SIMPLE inite understanding will be reached at
the Chicago conference.
The purpose of the United States gov?
ernment to sustain the uniform bill of
lading scheme is shown In an advisory
opinion given by the controller of the
Treasury, ruling on a memorandum of
Judge agreement submitted by the United
States Express Company to the Pitts?
burg branch of the United States geo?
logical survey. The controller says the
Washington. agreement would change
of the United States from
the that
otboli8geatiaso?n
sumed under the standard form of the
bill of lading now used Such a change,
he added, would not be advisable, as it
would tend to defeat the use of a stand?
ard form by allowing the express com?
"Dry Farming." panies to dictate the terms on which
it would receive goods from the
United States for shipment, and would
thereby destroy any uniformity as to
the conditions of such shipments.
OLD THEORY OF THE POLE.
Taught Symmes
It Was a Hole
Opening Into Earth's Interior.
Th? exploits of Dr. Cook and Lieut
Peary in the polar regions recall the fact
that nearly a century ago the north pole
wo*1 known.to some geographers and the
public as "Symmes* Hole." This name cam* from -the theory advanced by John
C. Symmes. and accepted by many, that there were openings at the ends of the
axis of the hollow sphere or earth.
Hence with some "Symmes' Hole" sound?
HARRIMAN STOCKS STILL ed as well as the north pole. ?
Tha school children were taught that
CAUSE FOR SENSATION Greenland was bounded on the north "by
Peary's Agreement Newspaper some unknown ocean or by the north
pole'*; the British possessions.New Brit?
ain.by "Davis' straits to the limits of the
Hudson Bay Company's charter and
westward to sn unknown extent," and
Europe anrf Asia by the "frossn ocean."
The existence of the earth's axis was
learned, but the nature of the poles has
remained nature's secret till the recent discoveries exploded the theory of
Symmes of an opening there Into the In? terior of the earth.a theory whose few supporters have been diminishing since the death of Symmes, about 1830.
^arehou Colored Men Punish Girl's Assailant
SPARTANBURG. S. C.. September 11..
_un^r Charged Infuriated by the attack of a white man
S^ on a young girl of their own color,, the
Against negroes of a thickly settled neighborhood
about two miles from this city, yesterday wixed the girl's assailant and, after ad?
ministering a severe whipping forced him
to leave posse of
the country. The sheriff and
citizens, heavily armed, went
a
to
the scene of the trouble threatened race riot.
to
avert
a
Health Demkepat nregdulasr. Washington Bepayment. That the bowels be
Neglect sickness. means
bowels quickly Sluggish are
regulated by "iuJXwn rtJ?mnnLo*w*i U,Thev dfsufrb SbJ.mmST1 (2 ?sld Everywhere. la boxes 10c sad 29c. ?
NEW YORK, September ll.-Argument on an order requiring the publishers of
the World and the Sun to show cause
why they should not be enjoined from printing: the narrative of Lieut. Peary's trip to the north pole exactly as appears
in the New York Times was heard yes-
terday by Judge Learned Hand, sitting In the United States circuit court.
Alfred A. Cook of the Arm of Leven-
trltt. Cook & Nathan, who procured the
order, represented the New York Times
Company at the hearing; James M. Beck of the firm of Sherman & Sterling ap? peared for the Sun Publishing Company
and W. H. Van Benschoten of the firm of Bowers & Sands the Press Publishing
Company. Col. James Moloney was pres? ent as special counsel of the New York
Times.
The proceedings were opened by Judge
Hand asking Mr. Cook if the copies of Lieut. Peary's book had been mailed to the librarian of Congress at the time of the Issuance of the preliminary re? straining order at a late hour Thursday night. Mr. Cook replied that the two copies . required by the copyright law were then en route to Washington and
that there had been sales of the copy?
righted book. This "book" consisted of Peary's dispatches In pamphlet form.
Historic Events.
"If the theory upon which the appli? cation for this injunction Is based was pushed to its logical conclusion," said
Mr. Beck, who, by agreement, made the argument for both the World and Sun, "one of the most Important events In the history of the world could be kept
from the public excepting such as were
readers of the New York Times. It
matters not whether Lieut. Peary was
the first or second white man to reach
the north pole. The event was an his? torical olie and through this proceeding it is sought to enjoin the World and the Sun' from publishing a great his? torical fact accomplished by a United States naval officer engaged on a public
mission. If the results of Lieut. Peary's northern trip can be kept from all the people save those who read the Times,
then the scope of copyright protection
has been made to cover a wider circle
than applied to matter hitherto written.
In case the editor of tlva Times de?
cided to Burpress the story, then, under the new construction of copyright, Peary's story could be kept from the people of the entire world."
Judge Hand said he did not consider that the copyright law was intended to choke off the printing of a vital fact, but simply to protect the rights of the author of a literary production. He admitted that the moving papers which had been hurriedly drawn up were poor andi re? quired them to be supplemented*
' Not a literary Production.
"The only averment contained in the
papers." continued Mr. Beck, "is that the
defendants printed a cablegram from
London containing a bald statement of
facts.a summary which in no wise could
be considered a literary production in
form or character. Their claim If follow?
ed to a logical conclusion would have
prevented the newspapers of the world
from publishing the fact that the Span-
lards had been whipped at Manila, If Ad?
miral Dewey had previously entered into
an agreement with the Times.
"It cannot be that the report of a naval
officer engaged on a public mission is
property and can be copyrighted
y a single newspaper. It would be in?
formation for which the people of the na~ tion were paying and were entitled to as
soon as known. The copyright laws were
framed to protect literary work, the ad?
vancement of science, etc., but not to
monopolise the recital of an historical
fact."
When Judge Hand spoke of the appear?
ance of the summary In the World and
the Sun exactly as It was printed in the
Times, Mr. Beck referred to it as being
similar to a train timetable and added
the comment that printed in book form it
was a pretense and a fraud unsanctioned
by law.
"It is one of those subterfuges which the law permits," said the lawyer, who
admitted that the summary, as it doubt?
less appeared in the London Times, had
been
city
cabled to
before its
the respondents
appearance In the
in this Times
here.
Printed Cook's Narrative.
"If you examine the New York Times
of September 2," continued Mr. Beck,
"you will find It printed Dr. Cook's Btory of the trip to the north pole exactly as it appeared in the Paris edition of the Her?
ald."
After some further discussion Judge
Hand said he nent injunction
would until
not grant a perma?
he had Inspected the
contract of the New York Times with
Lieut. Peary. Counsel for the Times ob?
jected, but the contract was finally pro?
duced.
Those who inspected it were Interested
to note, in view of a claim in the com?
plaint alleging that "complainant incur?
red large expenses," that the Times did
not pay Commander Peary anything out?
right, but merely advanced him $4,UOO as
A loan. This money was to be repaid to
the Times from the proceeds of syndicat?
ing or otherwise disposing of Peary's dis?
patches. Commander Peary was careful
to stipulate that the Times had no con?
nection with the expedition on which he
was about to embark.
With
Peary's agreement with the Times fol?
lows:
New York, July 6, 1908. The New York Times, New York City.
Gentlemen: I herewith acknowledge re?
ceipt of the sum of four thousand dollars (*4.000) from the New York Times, on be? half of Itself and its associates.
It is understood that in making this,
advance the Times does not assume any
responsibility for or any connection with the expedition on which I am about to embark and which baa for its object the finding of the north pole. The money is advanced to me as a loan, to be repaid
to the New York Times and its associates
out of the proceeds of news and literary rights resulting from this expedition, it being understood that If for any reason the expedition is abandoned before the
fall oi 1908 the money is to be refunded
to the Times. If the expedition is suc?
cessful and the pole is discovered I prom?
ise to use every means in my power to reach civilisation and wire to the Times
the full story of the discovery over my signature. The Times Is to have the sole rights to the news of the discovery, and Is to have the exclusive right to its publication in all parts of the world.
Plan of
My understanding is that the Times,
on Its part, agrees to syndicate this
news, both in Europe and in America,
and to give to me the entire amount it
receives after deducting the cost of cable
tolls, etc. The Times and its associates
will pay what they consider a reasona?
ble amount for the use of the material in
their own publications. From the sum
thus raised the $4,000 is to be repaid, ana
I am free to sell the magazine and book
rights to my best advantage. It is under?
stood. rights
however, that should by any possibility not
the new^, realise the
sum of 94.000 any deficit will be reim?
bursed to the Times from the magasine
and book rights.
Should the expedition not succeed in.
State
ters
Commission Char?
SCENE IN COURT
Funeral Services for Capt. Ferdinand
Faulkner and
M.
Nash,
Speoitl Correspondence of The Star.
ALEXANDRIA, Va. September 11, 1909. The public schools of this city will be reopened Monday next at 9 o'clock, fol? lowing the annual summer close-down. Many changes have been made in the teachers, several new ones having beenappointed and a number of the regular teachers advanced to other grades. The work of issuing permits was concluded yesterday afternoon by the clerk of the city school board.
The schools will reopen with a total
of 1,490 pupils in attendance, against 1.732
last year, which is a decrease of 242.
This number is divided as follows:
White boys, 557; white girls. 529; colored boys, 178; colored girls, 226. No more permits will be Issued until Monday, Sep? tember 20, next.
Charter to
The state corporation commission has granted a charter to the John C. Letts
Grocery Company, (incorporated, this city, with a maximum capital sock of $100,000 and a minimum capital stock of $1,000. The objects of the concern are to conduct a grocery business. The following are named as officers: John C. Letts, presi? dent, Washington. D. C.; A. Brylawski. vice president, Washington, D. C.; Alex?
ander Wolf, secretary, Washington, D.
C.; Douglas Stuart, attorney, Alexandria. An amendment has been granted by the
commission to the charter of the Famous
Clothing Company, incorporated, this city decreasing the par value of the stock of the concern from $100 to $10 per share.
Aged
One of the most startling scenes enact?
ed in the police court in recent years was put on without preparation this morning when William Singleton, an aged one-armed negro, was arraigned to answer a charge of being drunk on the street. When Singleton was placed in the
dock he fell upon his knees and with
agonizing cries and subsequent supplica?
tions he exclaimed: "Lord, have mercy
on me; I didn't do no wrong!" The audi?
ence without the rail could not refrain
from levity, and after considerable diffi? culty Singleton was hustled down to the prisoners' den, and he was afterward sent back to Washington, In which city
he said he resided.
Other cases disposed of were as fol? lows: Frank Williamson, stealing a coat from" Claude Jackson, fined $5; Henry Richardson, colored, assaulting and beat? ing Arthur Majors, acquitted; Sidney Lewis, suspicious character, acquitted; William Level 1, colored, drunk and dis? orderly conduct, fined $5; Harry Day, colored, threatening actions toward James Huie, colored, acquitted; Robert Coleman, colored, drunk on the street, acquitted
Funeral Services.
The funeral of Harry M. Nash, whose
death occurred Thursday last, took place at 9:30 o'clock this morning from St. Mary's Catholic Church. The services were conducted by Rev. L. F. Kelly, as? sistant pastor, and the burial was made
in St. Mary'b cemetery. Members of Alva Aerie, Fraternal Order of Eagles, of which the deceased was a member, attended the
funeral services.
Capt. Ferdinand G. Faulkner's funeral will take place at 3 o'clock tomorrow att-
ernoon from his home, 125 South Payne street. The services will be conducted by Rev. J. R. Sevier, pastor of the Second Presbyterian Church. Members of Andrew
Jackson Lodge of Masons and the Order of Railway Conductors will attend the funeral. The former will have charge o?
the commitment services.
Brief Mention.
A meeting of the Alexandria county
board of supervisors was held this morn?
ing at the Alexandria county courthouse.
A number of bills were audited and or?
dered to be paid, and other business of a
routine nature was disposed of, after
which the meeting adjourned.
Henry Thompson, residing on Princess
street between Royal and Fairfax streets,
this morning reported to the police that
three chickens were stolen from his yard
last night. The police are also investi?
gating the theft of a dress valued at *20,
Btolen several days ago from the house
of Jennie Myers, North Lee street.
Arrangements have been made for the
annual meeting of the alumni of St.
Mary's
o'clock
Academy, which will
tomorrow afternoon
be at
held at 3 that in?
stitution. At this meetinr officers will be
chosen and other business of a routine
nature disposed of.
A meeting of Perseverance Tent, No.
1098. Order of Rechabites. was held at
Its hall last night. Mrs. Annie Few. dele-
gate-elect from the local tent, will leave
tMhoendaannyuanlexmteeftoirngPhoiflatdhealtphoiradetro,
attend which
will convene Tuesday next.
A meeting of Potomac Lodge of Odd Fellows was held last night, when the
degree of the order was conferred upon
several candidates.
WATCH GONE WHEN HE AWOKE
Bobbery of Forrest Bunch
Leonard Cumberland.
Leonard Cumberland, a young man
about twenty-one years of age. was held
in $2,000 bond for the action of the
grand jury by Judge Mullowny In the
Police Court today upon charges of rob?
bing Forrest Bunch, an associate, of a
watch and pin in the Smithsonian
grounds a little over a week ago. Cum?
berland denied the charge and was com?
mitted to jail In default of bond.
..A day or so after the robbery oc?
curred." testified one of ..the defendant gave me
a
the witnesses watch to sell
for him. It was later identified by Bunch
the pair were drinking the
nlifht of the robbery and going into the Dark to sit for a while Bunch fell asleep. When he awoke the next morning, he said, his watch and pin were gone. De?
tectives Berman and Cox made the ar? rest.
,
John son of lumber county.
pint of barn.
WJMowo.dph.he.irnMascitksWCoyu.rdlelwaoMohfdcuiCgcfFuhhrrl,lolemhoneeudihsggavhhfiv,tloiluneanyg,deadwGrreiasunarnlroktetlhthdayte,
JUDGE ROBERT S. LOVETT, VICE PRESIDENT UNION PACIFIC
RAILROAD COMPANY.
1
as a
That the piled-up wealth of the great
captains of finance will in time become
Great Fortunes Divided
so huge that all the rest of the country's
population will one day be dependent
Numerous Heirs.
upon a few money kings is a cry often rafsed; but the actual facts show that
these vast accumulations soon become
widely distributed and los?? practically all
of their power with the second genera?
tion.
E. H. Harriman left a fortune of ap?
Six children inherited Jay Gould's $"2,ooo,ooo.
Five children and his widow in?
herited Cornelius Van^rbilt's $72,-
oOO.OOO.
His widow inherited $R3,778,00 ................
................
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