davidaulloa/AmericanStories huggingface dataset:
Birmingham state herald. (Birmingham, Ala.) 1895-1897, 1897-03-28
KNOCKED OUT.
Southern Enterprise ON Top-Bru.on &
Condor, snufnf Manufactures Win
Before Supreme Court over
w. e. Garrett & Sons.

In November, 1893, George B. Wilson,
Henry d. Moore and John o. Gilmore. of
Philadelphia, Pa, operating under the
name of w. E. Garrett & Sons, sued
Bruton & Condor for using the 6-ounce
bottle and label. When the case was
heard, Chancellor Malone dismissed the
suit on the grounds that the bottle was
a stock bottle and in common use by all
snuff manufacturers, and because the
label used by Bsuton & Condor was not
an infringement.
The case wen: to the court of appeals
and was reversed. Bruton & Condor
appealed 10 the supreme court. and not
only established their right TO the use
of the bottle and label ia question but,
practically, made the Levi Garrett &
Sor" label Common property, by proving
that the snuff sold under this label was
manufactured, not by Levi Garrett & Son
but by Wilson, Moore & Gilmore, who
are operating under the firm name of
w. e. Garrett & Sons.
All the snuff manufactured and offered
to the trade by Wilson, Moere & Gill
more is packed under labels representing
W. E. Garrett & Sons as the manufaet-
urers, except that offered in 6-ounce boz
ties, which bears the name of Levi Gar
rett and Sons asithe manufacturers.
The decision of the supreme court in
favor of Brutoh & Gordon was unanl-
from the decree rendered by 59he supreme
court:
This court is of the opinion, and so
orders, adjudges and DEGREES, that the
statements of the label upon which COM
plainants sue, to wit: Manufactured
and sold by Levi Garrett; & Sons, at No.
12S South Front street, atzethe Draw
Bridge, Phila.,' are false and that such
use of such false statement is fraudu-
lent"
This decision is exactly in line with
the decision of the United States supreme
court in the case of the Manhattan Medi-
cina company against Wood, which was
nearly identical in facts with this case.
Judge Fields of the United States SUI
preme bench, in rendering opinion, said:
"A court of equl will exte7d no aid
to sustain claim to a trade mark of an
article which is put forth with mis-
repres: n;1rtion 10 the public as to the
manufacturer of l.he article and as to
the place where 1t is manufactured.
1t is fraud upon the public which no
court of equity will countenance."
Birmingham state herald. (Birmingham, Ala.) 1895-1897, 1897-03-28
Order Splint Coal. Phone
ll45 and GA. ennswedt
ELLEN BEACH YAW
The Wonderful Singer Charmed All Tier
Hearers with the Music CT
Her Voice

With the above heading the San Fran
cisco Examiner commences its criticism
OF the Yaw concert given in that city. We
quote the following from that article:
For her first number Miss Yaw sang
Dell Acqua's "Villonselle," bit of rather
vocal gymnastics, but very pretty, end
ing on an e fiat, thrown off as nonchal-
lantly and easily as her preliminary mods
had been to the audience. A persistent
ard unanimous recall was rewarded by
PATHS Laughing Song" sung most de-
lightfully in faultless style and very dra-
ma tically.
Miss Yaw was evidently an immediate
success, and a second recall produced a
score or two of Coming Through the
Rye" the first bit OF vernacular she had
yet given u.s.
A murmur pervaded the audience for
a few minutes, which plainly showed
that Miss Yaw had won warm favor and
that everybody was satisfied; that be-
sides possessing a remarkable vocal
range, she could sing and do it in proper
style, and above all eloquently.
Miss Yaw, supported by Miss Georgi-
ella Lay, pianist, and the great violinist,
Macmillan Dick gives a grand con-
cert at Seals Bros music hall on Tues
day evening, March 30.
Birmingham state herald. (Birmingham, Ala.) 1895-1897, 1897-03-28

Everybody invited to at
tend our Grand Millinery and
Dress Goods Opening for the
Spring :and Summer, which
will take place Monday and
Tuesday, March 20 and 80.
CAHEEN BROS.
Birmingham state herald. (Birmingham, Ala.) 1895-1897, 1897-03-28
WONDERFUL,

1t is not customary for a man to blow
his own horn, so / will abstain from a
long talk. have often thought, can a
man in my business be public benefac-
tor? ! must admit yes. Ihave placed an
article on the market within the reach
of ALL Doctors, lawyers, and merchants
are using this goods, and claim It is worth
anteed six years old, for sale at VIM
Wise. 209. 211 Nineteenth street. at Use
per full quart. Every bottle bears my
guarantee label.
Birmingham state herald. (Birmingham, Ala.) 1895-1897, 1897-03-28
DAILY BULLETIN.

birmingham, Ala. March 1897
Local observation curing twenty-four
hours ending at D. M. central time:
Birmingham state herald. (Birmingham, Ala.) 1895-1897, 1897-03-28
Proposals for Printing the
Code of Alabama.
Office of the Secretary of State,
M0ntpOnoprU Marob 2 1907

Sealed proposals will be received at this
Office until IL o'clock noon, April 1, 1897,
to print the Code of Alabama as provided
in an act approved February II, 1897.
The maximum prices for printing and
binding the Code has been fixed at $3.25
for the two volumes.
Each bid must be in a sealed envelope
addressed to the Secretary of State en-
dorsed bid for printing and binding the
Code of Alabama" and must be accom-
panied by a bond In not less than 100000
with resident sureties.
The right to reject any and all bids is
reserved.
J. X. JACKSON,
Secretary of State.
Birmingham state herald. (Birmingham, Ala.) 1895-1897, 1897-03-28

Visit Hirsch's on their OPEN
ing days, Monday, T eslay
and Wednesday. March 20, 80
and 81. A feast of fashion is
in store for you.
Birmingham state herald. (Birmingham, Ala.) 1895-1897, 1897-03-28
CROSS EYES STRENGTHENED

and eye. ear, throat, nose and chest dis
urday afternoons at the Dros Ralph M.
Russell Medieo-Surgical Institute, Third
avenue and Nineteenth street. Birming-
ham. Ala. Phones 658 and 423.
Birmingham state herald. (Birmingham, Ala.) 1895-1897, 1897-03-28
TIE WEATHER..

Georgia-Fair; winds shifting TO east
er1y; warmer in northern portions Sun
day evening.
Alabama-Fair; easterly winds; warm
er in northern portion of Alabama.
Observation-Disclosures; warmer in northern
portion; sioutheasterly winds.
Birmingham state herald. (Birmingham, Ala.) 1895-1897, 1897-03-28

q indicates trace OF rain or snow; indicates
ike and TALL. below zero
BEN NJ. JACOBS.
Local Observer. Weather Bureau.
Birmingham state herald. (Birmingham, Ala.) 1895-1897, 1897-03-28

A good Judge of music to discern the
merits of the SCHUBERT Piano. They
speak for themselves. One sight viii
convince you of their superior qualities.
But while you are admiring the beauties
of the Schubert, do not overlook the
KINGSBURY, which is the best medium
grade piano on the market Write for
prices and terms Organs for sale on
easy terms and at low figures.
Sewing machines for sale on easy pay
ments and close prices. Write me be-
fore you buy, as will make it to your in
terest.
New 1897 model bicycles in stock. Sold
on easy terms. -. ~
The Cambria freeman. [volume] (Ebensburg, Pa.) 1867-1938, 1897-02-19
High Leavenng Power.-Laest u s. Govt Report
R6H:a!!! a! BakiRg BsMaegE
ABSOLUTELY PURE
oower.-Latest u. S. Govt Report
saves His SNOW.

al always save my snow, said the
keeper of a downtown boarding house,
'.and have now on hand three barrels
full. That will last me until the next
snow. when l hope to pack away anoth-
er supply. For freezing ice cream, pud-
diugs. Roman pcnch and other things
in that line snow is much better than
ice, for the reason that it can be packed
into the freezer easier. 1t is also colder
than ice, and works much more rapidly
than ice, besides doing the same work
with half the quantity of salt and with
much less trouble. 1t may be a Yankee
trick, for | learned it up in Vermont,
but it is good one, | assure you. /
have always a number of empty barrels
in the cellar, and | get the men who
come in for free meal to fill them
They are always glad to do the work,
and am glad for the result, for it saves
me considerable in my ice bill. When
the snow is put in barrels they should be
covered up to keep out the air as much
as possible. The temperature now Is
such thai there is not much melting,
Last year my ice bill was so small III
comparison to what it otherwise would
have been that the ice man complained
My boarders do not. however, for, as the
snow cost me but little, | could afford
ice cream oftener than otherwise"
The Cambria freeman. [volume] (Ebensburg, Pa.) 1867-1938, 1897-02-19
Plans for a New Capt. oil.

Harrisburg, February Is Governor
Hastings to day signed the joint resolu
ton authorizing him to solicit plans for
the proposed new capitol building He
will at once arrange to facilitate the
work of building by getting plans. Next
Monday night on the re-assembling of
the legislature the governor will send in
communication on the condition #
the revenues Of the commonwealth and
his views on the matter of raising mon
ey for the building of a new capitol.
Captain Delaney, the superintendent of
public buildings and grounds, is hust-
ling with large force of workmen to get
Grace Methodist church in shape for the
reassembling of the Legislature. New
desks were placed in position to-day.
The Cambria freeman. [volume] (Ebensburg, Pa.) 1867-1938, 1897-02-19

NOT since the day that Senator Quay
declared the time had come when he
wanted to own governor, and when he
nominated Delamater against the wishes
of his party, says the Harrisburg Pdtri-
OF, has besn so arrogant and impndent
as now. His winning fight for the state
craftsmanship, his success in directing
the present legislature up to this time,
his ability toprevent Mr.. Mckinley from
naming the Pennsylvania of Mr.. Han
mas choice for a cabinet position, the
docility of the Governor, all combine to
make him feel that he is now impreg-
nable and that he may "run things" in
this commonwealth as he pleaseS.
Tne Philadelphia newspaper that
most particularly echoes the senator 5
utterances represents him as saying in
that city the other day that he had
been so busy recently that he had no
time to attend to politica. affairs in Phil
adelphia. His exact language then fol-
lows;
"You see, 1 had the job of electing
my colleague, and having accomplished
this | concluded that other matters could
take care ot themselves"
Here We have the Delamater business
over again: l had the job of electing
my colleague. l accomplished this.
In Senator Cameron, Quay had a close
personal friend-a benafactor, indeed
and one who gave him frequent if not
constant aid. Ia Penrose, Senator Quay
has man he owns, one for whom he
J undertook the ''job'' of electing Job
he accomplished. VIII the Republi
| can party quietly smart under such
indignities?. Where are the Wanama
makers, the Dolans, the Blankenburgs
The Cambria freeman. [volume] (Ebensburg, Pa.) 1867-1938, 1897-02-19
May Practice Law i'm Jail.

Wiliiamsport, Pa , February IS -
James b. Dentworth, who was yesterday
sentenced by Judge Burlington, at Pitts
burg, to term of three months i'm
prisonment in the Lycoming county jail,
arrived here at noon to-day in charge of
United States Marshal Gregor; but it
was 10 O'Clock to night before he was
taken to prison.
During the afternoon and evening the
convicted pension lawyer was at work in
his office, arranging his business prepar-
atory to going to prison A table has
been placed in his cell, and Mr.. Den
worth expects to conduct much of his
business while in Jail.
An effort is being made by prominent
Grand Army men here to secure a par
don for Mr.. Denworth. Senator J
Henry Cochran has consented to present
the papers to the authorities at Wash
ingtOn.
The Cambria freeman. [volume] (Ebensburg, Pa.) 1867-1938, 1897-02-19

In the event. says the New York Sun,
of general European war, with Eng
land in the foreground, the United
States would be deeply interested IN the
course of events The war would GER
tainly affect this country in some meas
ure, and in several ways.
1t would be foolish TO attempt to make
any forecast of the results of war 50 gl-
gantic, saDguinary, and destructive.
Great changes would surely be brought
about by it.
1t is possible that, at the end of the
war, the Dominion of Canada would be
one with the United States, with the
consent or at the urgent desire of Its peo-
pie. 1t is likewise possible that all, or
nearly all the islands of the West In
dies, fronting our country, would be
| ioined to the American Union.
In the event of general European
war, hostilities would not be confined to
Europe They would very surely extend
| to Asia, to Africa, to Australia, and to
those parts of America in which the war
ring powers possess provinces, Islands,
or any piece of territory. Were France
hostile to England, for example, 1t Is
probable that her navy would attack
British Guiana, British Honduras, the
British West Indies, British Columbia,
Newfoundland, and Eastern Canada.
In that event, there would be wal ol
European powers very near the southern
part of our own country, the western
part of it, and this part of it. 1t is pos
sible that the people of those region:
who would be liable to suffer from wal
on account of a quarrel in which they
were not concerned, might seek for safe
ty by asking us to receive them into the
American Union.
No man can conceive the change
that might be brought about through
long and sanguinary general European
war, with England in the combat, ant
all her foreign possessions in ii
her possessions in Asia, il
2 Africa, Australia, and America. ]
/ is possible that. before the end OF tn
nineteenth centupy, the American fla
may be the protector of Halifax, Que
bec,, Winnipeg, Vancouver, Bahama
; and Jamaica, as well as of Cuba.
The Cambria freeman. [volume] (Ebensburg, Pa.) 1867-1938, 1897-02-19
A "Mind Reader'so Scheme.

Cedar Rapids, Ia, February IS -
Paul Alexander Johnstone, heralded as
the most eminent mind reader N the
world, in company with DIR. T. NJ
Walsh, has been here for two or three
weeks. Late Sunday night Johnstone
and Walsh were arrested on charge of
conspiracy and placed under bonds to
appear tomorrow morning. The charge
will be that Johnstone, while preteudiu G
to read the palms of people, has been
telling appalling stories to the victims,
declaring they were afflicted with some
unseen and dreadful disease that sooner
or later would cause their death. He
would then recommend them to Dr.
Walsh, who fieeced them
The Cambria freeman. [volume] (Ebensburg, Pa.) 1867-1938, 1897-02-19

The Department of Agriculture in
some figures lately published estimates
the total corn crop of this country last
year at 2,2S3, ,OOO,OO bushels figure
surprising the totals of some former
years which were considered phenome-
nal. Not less noteworthy than the I'M
mensity of The corn is the fact that
while quantities of 1t still remain un-
marketed, they having been having
bread riots in Spain, and thousands are
dying of famine in India. The moral is
the people of Europe and Asia should
learn to use our corn meal as food sta
pie, and that our government through
its consulates should disseminate gen
orally the information respecting Its
cheapness, palatability and nutritious
quality which it promulgated in Ger
many few years ago.
The Cambria freeman. [volume] (Ebensburg, Pa.) 1867-1938, 1897-02-19

AN act making it compulsory upon
every qualified voter to cast a ballot al
each and every general election has
been introduced in the senate. Judges
of election are required to prepare cor
rect list of atl voters who have failed tC
vote; this list to be transmitted to the
clerks of courts. The persons so failing
to vote are to show cause before the
court why fine should no be imposed
Sickness or absence from the district il
which the election is held is a valid ex
cuse for not voting. The fine is fixed a
50 and costs.
The Cambria freeman. [volume] (Ebensburg, Pa.) 1867-1938, 1897-02-19
Arrested the Man who Saved Him.

Buffalo, \. y. February II Conrad
klack went to the Erie Basin yes
terday, cut holes in the ice, arranged his
fishing lines and sat down to smoke.
Presently he removed piece of loosened
brass from the steamer Harrison, and
was arrested. Policeman Griffin started
across the ice wi b his prisoner, when
suddenly the ice broke and Griffin went
through. His OvercOat was heavy, the
see was thin, and he was in danger of
drowning. Instead of trying to escape,
Klack stretched out on the ice, and, at
the risk of his life, rescued the police
man. Then both men went to the sta
ton house, where the rescuer was
locked up.
In police court Judge King refused to
entertain a charge against Klack, telling
him 10 go with an untarnished name
Then the court added: "It is too bad
that there are not more men like you in
this world.
The Cambria freeman. [volume] (Ebensburg, Pa.) 1867-1938, 1897-02-19

THE local managers of the inaugura-
ton affair seem to be at their wits end
to know what to do to secure interesting
features for the duadrennial circus.
The news that the Pennsylvania militia
will celebrate the day by staying at home
and attending to their legitimate busi-
ness appears to be almost appalling to
the gentlemen who have this end of the
show in charge. A fluke had been
found both in Ohio and New York, the
two states which, with Pennsylvania,
have always been dependent upon to
supply the warlike features of the specta-
Gle, and the failure of PENNSYLVANIA to
respond was as the last straw. If affairs
do not speedily assume more favorable
complexion the military feature will lie
an utter failure, and any announce
ment to the effect will be sufficient to
keep tens of thousands of civilians al
home who would otherwise swell the
throng.
Some of the gentlemen connected
with the management openly cnarge
that cool relations between McKinley
and the political managers, Foraker,
Bushnell, Platt and Quay, of the three
great states which usually contribute most
noise and glitter to the pageant, are re-
sponsible for the inaction of the militia,
and many others are free to confess that
there is good ground for the suspicion.
The Cambria freeman. [volume] (Ebensburg, Pa.) 1867-1938, 1897-02-19
Lawyer BrOOke's Three " idOws,

New York, February 16-A morning
paper says: Three widows, each hold
ing proof of her marriage, survive the
late Charles w. Brooke, whose recent
death robbed the American bar of one
of its brightest lights. These women all
live within a radius of fifty miles of each
other, all knew of the relations which
they separately bore to the dead barris-
ter, and, most remarkable yet, none
seems to bear any malice towards the
other, or to centure the man who,
they claim, was husband to them all.
The last wife was Mrs. Skillman.
whom he married in Philadelphia in
1895.
The Cambria freeman. [volume] (Ebensburg, Pa.) 1867-1938, 1897-02-19

On Sunday night Williom T. st. John
the former president of the Mercantile
national bank and one of the principal
champions in the East of the cause OF
free silver, died at his residence in New
York City of complication of kidney
and stomach troubles. St. John was
treasurer of the national Democratic
committee during the last campaign.
He was personal friend and admirer
of William ]. Bryan and would proba-
bly, have been secretary of treasury if he
had been elected.
The Cambria freeman. [volume] (Ebensburg, Pa.) 1867-1938, 1897-02-19

LYMAN ]. GAGE, of Chicago, who Will
abe ppointed as secretary of the treasury
by Mckinley, once wrote a private let
ter to John p. AItgeld, governor of Ill
inois, asking him to pardon the Hay-
market anarchists. Because the gov
ernor saw fit to do so, he was at once
dubbed an anarchist and our Repub-
lican friends since then have called him
all the names they could lay their
tongues to. Let them rise now and ex-
plain Mr.. Cages letter if they can.
Simply because Mr.. Gage is gold stand
ard, greenback retiring man they are
willing to overlook acts which in a Dem
ocrat they loudly condemned, and this
forgiveness extends even to the fact that
Gage voted for Grover Cleveland once.
If Bryan had been elected and had been
about to put such man in his cabinet
there would have been snch an uproar
from the money sharks that one would
think the income tax was being collect
ed.
The Cambria freeman. [volume] (Ebensburg, Pa.) 1867-1938, 1897-02-19
EX-COngressman Arrested.

West Chester, Pa, February ia
sensation was sprung on this communi-
ty when Smedley Darlington, president
OF the Chester County Guarantee Trust
and Safe Deposit company, was arrested
at the instance of Mrs. Mary A Bur
nett, of Malvern. The warrant charges
embezzlement and was served on the
ex-congressman at his office in West
by Constable Spackman, of Malvern.
Mrs Burnett charges that Darlington
permitted 81, 800 of her money to be re-
ceived by the company when he knew il
was insolvent. \ hearing has been fixed
for next saturday. Darlington sa, it is
all spite work.
The Cambria freeman. [volume] (Ebensburg, Pa.) 1867-1938, 1897-02-19

AS RESULT of restricted amount of
business done during the past year in
the United States there is large accu-
mutation of idle money. In this par
ticular the banking situation seldom has
been so strong. Money is so plentiful
In New York that combination of the
city bankers to refuse to call loans at less
than two per cent per annum broke
down simply by the pressure of idle
money in trust companies and other in
stitutions which was offered in any de-
sired quantity at rates fractionaIly lower.
Money is so plentiful that it is being
loaned to London in large amounts to
get the benefit of the per cent. rate
there. Since the first of January the
cash holdings of New York banks have
increased over twenty-five millions, and
their reserve above the required % per
cent. limit is now over fifty millions.
The Cambria freeman. [volume] (Ebensburg, Pa.) 1867-1938, 1897-02-19

THERB are trusts and trusts Smoe
can control the market by their own re-
sources, while others could not live
without the tariff. The sole question is
how these combinations make use of
heir power to suppress rivalry in trade.
Mere combinations to buy materials
cheaply and produce cheaply without
enforcing constraint upon dealers can
not properly be subjected to penal laws.
But the sugar trust, as well as the
cigarette trust, arbitrarily and tyranni-
cally prohibits retail dealers frem selling
any other product of the same kind in
connection with its own. Competition
In trade is thus put out of the question.
This is the very essence of commercial
oppression, and every monopoly exercis-
ing it should be seized by the strong
hand of the law
Nor should it he lost sight of that
many combination in trade can be de-
stroyed simply by removing the protec-
tive duty that is behind it.
The Cambria freeman. [volume] (Ebensburg, Pa.) 1867-1938, 1897-02-19
Dogs Bite Killed Her,

Salisbury, Md, February IA Stella
Ward, aged sixteen years, was bitten by
a pet dog last September at her home
near here. The wound was so slight
that no attention was paid to it. Even
the scar had nearly disappeared. Two
days ago the girl was stricken with hy-
drophobia. The physicians at first were
puzzled, as the family did not mention
anything about the girl being bitten.
The dog has disappeared and it is not
known whether he was affected with ra-
bies at the time he bit her or since.
Last night Miss Ward died in terrible
commissions.
The Cambria freeman. [volume] (Ebensburg, Pa.) 1867-1938, 1897-02-19
Big Fire i'm Ottawa.

Ottawa. ont. Feb. 11.-At $40
O'Clock this afternoon a disastrous fire
started in the packing room of the pub
lie works department in the upper story
of the western block of the parliament
buildings. Owing to the Intellectual
work on the part of the firemen and for
lack of water, the flames spread over al
most the entire roof and at 10 O'Clock
tonight is still in progress. The offices
burned were for clerks. Some old re-
cords have been burned but most of the
valuable papers were removed. The
stationary Office and photograph gallery
of the public works department are in
the portion of the building burned
There is no insurance. The loss is es-
timated at 100000