davidaulloa/AmericanStories huggingface dataset:
Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1902-09-06
HAULERS RESUME WORK
City Council Takes Up the Per-
picking Question.
GARBAGE QUESTION DISCUSSED
Temporary Arrangements Made For The Sep
aration Of The Garbage and The Hauling
Of The Good and Bad 10 Separate
Places.

City Council met in special Sc ssion
Monday to take up the new but per-
picking problem which confronts it.
namely 1.-THE disposal Of the city's
garbage Mayor Evans was in the
chair and Councilmen Cutler, Cline,
Staubly, Emmert, Parlett. Kline,
Brown and Hooge were present.
The Council took up about half an
hour in discussing the question and
then left tile rest to the street commit
tee, with power to act. After the adj
journment Of the Council the street
committeeman in conjunction with the
garbage contractor.
The street committee is about as
much at loss as TO what to do with
the garbage as the Council. now that
ii has been shown that the law prohib-
iting the dumping Of kitchen refuse,
etc. near public roads Will be enforc-
ed There have been complaints be-
fore this time about the dumping Of
garbage within tile city limits, right
at the very doors of so me of the resi-
dences, bat not in recent years have
steps been taken until this time by the
citizens to enforce the law provided
II the State code. On account of the
fine being imposed the garbage CON
tractor, Frank Zepp, did not let his
men collect the garbage on the streets
on Saturday and consequently an@extra
amount has accumulated.
After lengthy discussion the street
committee reached an agreement with
Contractor Zepp by which he will sep
arate the garbage as he collects 1T.
The Objectionable garbage on.which the
law prohibits being dumped within
one hundred feet of a public road will
jectionable garbage, such as ashes, pa
per. street sweepings and matter of
like nature, will be hauled to the old
dumps The places which objection
able garbage will be hauled will be Sc
lected by the street committee. One
of the available places which will
likely be used is the land of Robert
Miller, at the eastern edge of town
1he garbage haulers started out this
morning collecting and hauling away
the accumulated garbage under the
new arrangement which is only tenn
porary. The street committee assured
the garbage contractor compensation
for the extra work.
After places for the dumping of the
garbage are finally selected andarrang-
ed for it, it is the intention to abrogate
the present garbage hauling contract
and ask for new bids under the new
arrangements. This will be perfectly
satisfactory to the present contractor.
for he is compelled under the present
contract to haul the garbage ito such
places as directed by the street com
mittee -
Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1902-09-06
CIRCUS COMBINED LATEST TRUST.
Composed of Sells Bros. ,, Bailey shows
and the Wild West.

According to Peter Sells, one of the
proprietors of the Forepaugh & Sells
Brothers Circus. that circus has per-
fected a community of interest
with the Buaffo Bill Wild West aggre-
CATION and the Barnum q Bailey
shows. Mr.. Sells said yesterday that
the three aggregations signed con-
tract month ago, and henceforth they
are to be managed by the Barnum &,
Bailey Company, Limited, of London,
Finland.
Each company, said Mr.. Sells,
"retains its individuality and Will
stand on its own legs Still, there are
important things agreed to. The idea
is to have one of the big shows in the
United States each year, and one in
Great Britain and one on the Cont
nent. The Barnum e. Bailey Com
pany, Limited, of London, intends to
control the circus business of the Con-
tinent and Great Britain. as well as to
retain strong hold upon the field il
the United States The first result OF
the merger will be TO stop fighting
for territory :"
Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1902-09-06
LETTER TO D. G. wEsrENHAvEn

: Martinsburg, w. Va. Dear Sir !.
What would be the result of selling
poor paint with this guarantee?
IF you have any fault to find with
this paint, either now in putting it
on, or hereafter IN the wear, tell your
dealer about it.
1--WE authorize him to do what is
right at our expense.
That means any damages, don't it?
Here's another guarantee;
If your state chemist finds this
paint adulterated, we will pay his
bill, and send you $780,"
We stand by both of these guaran-
tees; as we are the maker, we know
all about it,.
Yours truly.
+. w. Devoe x Co.
P. S. G. c. Cushwa & Bro. sell our
paint.
Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1902-09-06
SAVE YOUR PROPERTY.
Have Your Buildings Protected by Good
Lightning Rods Properly Put Up.

Mr. Eskey of the Virginia Tighten
ing Conductor Company reports that
the company is doing an extensive
business in this section They have
rodden over eighty buildings in this
county since they entered the terrific
ry. They are still at work aud have
many more buildings to rod. The
damage which has recently been done
to buildings and the electrical storms
which are predicted for the next month
make it almost imperative that every
property owner should be protected
from tightening. This company has
an improved system and do not do
their work by the job but charge so
much a foot and each purchaser can
tell just how much it will cost to have
his building rodded The company is
thoroughly reliable and there is no
risk to be run in having work done
by this company.
Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1902-09-06

Josh Westhafer, fof Loogootee, Ind,
is poor man, but he says he would
not be without Chamberlain Pain
Balm if it cost five dollars a bottle, foI
it savedFhim'fro being a cripple. Nc
external-applications. equal to this lin.
iment for stiff and swollen joints,
contracted muscles, stiff neck, spraips
ard rheumatic andsmuscular pains. II
has also cured numerous cases of par
tial paralysis. 1t is for sale by Mat.
thaei's Pharmacy.
Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1902-09-06
Mr.. GERnARDT WILL LEAD
WILL coNDrcT CITY BAND FoR
THE PRESENT
He Took Charge Monday Night and VIII
Continue as Conductor Unul Prof.
Luscomb's Successor Is Em-

At the meeting of the City Band
Monday Mr.. L. Dew. Gerlardt con-
sented to take charge Of the band until
an instructor is employed. He at once
assumed the leadership and conducted
the band at last nights rehearsal
The band is on the look out for a
leader and steps are being taken to Sc
cure one. In the meantime Mr. Ger
hardt will conduct the band and the
leading players in the several sections
Of the band win take charge of the
new players and teach them
Owing to the fact that play will
be at the opera house on Friday and
several Of the players are members Of
the orchestra and are otherwise at the
opera house. No open air concert will
be given this week. After this week,
however, the concerts will be given
regularly until cold weather sets in.
The band contemplates giving concerts
in the opera house during the winter.
Mr.. Gerhardt's talent as musician
is something with which all the music
lovers of Martinsburg are familiar.
He is fully capable of conducting the
band and that he has consented to do
so until a regular paid instructor is
employediwill be the cause ofrejoicing
among the people. Martinsb urg is
proud of all her musical organizations
and wants to see the interest kept up
in every one of them.
Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1902-09-06
A Communication.

Mr.. Editor-Allow me to speak a
few words in favor of Chamberlain $
Cough Remedy. / suffered for three
wears with the bronchitis and could
not sleep at nights. | tried several
doctors and various patent medicines,
but could get nothing TO give me any
relief until my wife got bottle 0
this valuable medicine, which ha
completely relieved me.W S. Brock
man, Bagnell, Mo. This remedy is
for sale by Matthaei,s Pharmacy.
Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1902-09-06
A POSTMASTER'S PRIVILEGES.
One 90 Find out from Postmaster Gem
erai How active He Can BE In Politics.

A postmaster wrote Assistant Post
master General Winnie inquiring if he
had right to join political club, to
make voluntary contributions for the
good OF the party, and whether he
might act as delegate to political
conventions. The assistant postmaster
generals report was as follows:
"You are not prohibited from join
ing n political club or making volun-
tory financial contributions outside of
8 government Office or building. nor
ON acting as delegate 10 a county,
state or congressional convention. You
should not, however. serve as a chair
man of state or county committee,
nor take active part in conducting a
political convention, or make yourself
unduly prominent in local matters. -
Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1902-09-06
ACCIDENTALLY SHOT.
Fey at Berkeley springs Kills His Little


While cleaning double barreled
shot gun at his home, four miles west
OF Berkeley Springs, Charles Thomp-
son accidentally shot and instantly
killed his little sister, Margareta,
aged 10 years, the charge from both
barrels striking her in the back and
tearing a hole clear through her body.
H er brother, who is about 1S years
OF age, is unable TO tell how the acct
dent occurred, but thinks the heat
from the gun or friction from rubin
the sun caused it to explode He is
almost distracted over the occurrence
and is Frustrated with grief. Mr..
Thompson, the child's father. was
killed less than two years ago by a
passenger train.
Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1902-09-06
A Certain Cure Tor Dysentery and Diar


n "Some years ago | was one OF par
tv that intended making long bicycle
trip, says f. L. Taylor, Of New al
any. Bradford County Pa. /
was taken suddenly with diarrhoea,
and was about to give up the trip when
Editor Ward, of the Lacevville Mes.
senger, suggested thai take dose
of Chamberlain Collie, Cholera and
Diarrohea Remedy | purchased a bot
tie ana took two doses, one before
starting and one Oh the route. ! made
the trip successfully, and never felt
any i'll effect Again last summer
was almost completely run down viii
an attack of dysentery. ! bought
bottle Of this same remedy. and thii
time one dose cured me. " For salt
by Matthaei's Pharmacy.
Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1902-09-06
FULL TICKET NOMINATED
By the RepuL can Party Last
Saturday.
COUNTY CLERK BENDER WINS



Votes 10 Candidate Wilson.
The first lineup for the approaching
political fight was made@ Saturday,
the Republicans Of the county ASSEM-
bled ia the Central Opera House to
nominate candidates for the various
offices to be filed at the election on
November T.
After majority Of the delegates
from the several precincts Of the city
and county. whose names were bup-
lishe in Fridays Evening World, We're
seated. the convention was called TO
order by Mr.. George Y. Rathman.
After Mr. Rathman called the conven-
tion to order he vacated the chair to
Mr.. Charles M. Lamar. who was
elected temporary chairman. Mr..
John j. Hotel was elected secretary
TIE following ccmmiftees We're APP
pointed, after which the delegates nd
iourned to meet ia caucus in the room
o. he second leo of the building and
1. sssemble ia convention at 2 p. m.
ORNAMENT ORGANIZATION.
John Brown, ". D. Levy, Vim. r.
Armbreste4. 7. T. Keesecker, N. Fitz.
gereld, cold Cockrell, G. ". D. Fulk.
CREDENTIALS.
". Z. Oucalt, D. W. Snyder, Chas.
II. L-iller, r. Emerson, j. T. Pauld-
ing, G. i. Laise, A. j Clendenning.
BASIS OF REPRESENTATION.
". Fl. Miller John S. Cole, John
Turner, John Rinard, Charles Hooge,
Il. r. Henson c. r. Frankenberry.
RULES AND ORDER.
]. ". Emerson W. Il. Morgan, r.
S. Tolbert. w. NJ. Muliss, j. T. Glen
denning. Ohio Williams.
The caucus consumed more time
than was expected and the convention
was not called TO order this afternoon
until IS minutes before 3 O'Clock.
The caucus was not devoid Of excite
ment. One or two times exciting
scenes were averted. it is learned, by
intervention.
AT the convention this afternoon the
temporary organization was made per-
manent, with the addition OF Messrs
Charles f. Laise and Jas. Snyder as
assistant secretaries.
The total vote received in the caucus
by l. l.. Bender for the nomination for
County Clerk was 1913 3-5 Jno. B.
Wilson received SOL votes on the first
count and Z. A. Hobbs 337 go. Be-
fore the announcementw as made Mr..
Hobbs changed POP 2-5 of his votes to
Mr.. Wilson, giving him 753 20. but
still leaving good majority for Mr..
Bender. The vote necessary for the
nomination was 1854.
All If the districts excepting Mar
tinsburg and Gerardstown were solid
for Mr.. Bender.
In the race for the prosecuting attor-
neyship nomination Ward b, Lindsay
won. The vote was W. b. Lindsay,
l5091s Geo w. Feidt, 636 40; D.
w. SNYDER, 81 10; J.Nelson Wisner,
a..
Jacob Sites and Frank W. Van Horn
were selected as the candidates for tire
State Legislature.
John Grozinger and Charles Stuckey
were selected as the candidates for
county commissioners.
For the office of County Superinten-
dealt OF PLDlic Schools j. Dean Zeilof
was selected as ,he nominee
AFTERNOON SESSION.
The Republican convention after the
caucus on Saturday, afternoon passed
off as quietly as a Sunday Shcool con-
veutiOn.
Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1902-09-06
ENTkRrAINED.

An entertainment was given in the
hall on the third floor Of the Wilen
building last night in honor of Miss
Margaret LANG, of Cumberland, Md.
"A pleasant evening was spent by all
present. Music for dancing, which was
kept up until midnight, was furnish
ed by Marshal's orchestra.
Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1902-09-06
TOuIlg Plants

Every farmer knows that
some plants grow better than
others. Soil may be the same
and seed may seem the same
but some plants are weak and
others strong.
And that's the way with
children. They are like young
plants. Same food, same home,
same care but some grow big
and strong while others stay
small and weak.
SCOTS Emulsion offers an
easy way out of the difficulty.
Child weakness often means
starvation, not because of lack
of food, but because the food
does not feed.
SCOTS Emulsion reallyfeeds
and gives the child growing
strength.
Whatever the cause Of weak.
ness and failure to grow
SCOTS Emulsion seems 20 find
it and set the matter right.
scott BOVINE, Chemists, 400 pearl ST., New Yori
soc and 500; all druggists.
Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1902-09-06
many more are in attendance stopping
with relatives and friends.
TUE Nrnp1vTAyfs cs1-ccxen~r


THE MORNING SESSION.
At the morning session the commit
tee on time place and preacher for the
next association, Mr. J. Frank Thomp-
son chairman, reported recommending
Berryyille as place Wednesday. after
the 4th SUNDAY in August as the time
and Rev w. Hubbard as preacher,
with ReyT. s. Dunaway as alternate.
The report Of the orphanage located
at Salem, Va, was read by D. G. ..
Flaharty. The report revealed hear
~ cooperation in the support of the
work on the part of the churches, the
contributions this year are much lar
ger than last. The report was discuss
ed by Rev. Julian Broaddus and W. f.
Hatcher
The following resolution was Of
cred by w. J. Hobbord which was
opposed by D. c. o. Flaharty and
championed by w. Z. Hatcher and
others. The resolution was adopted by
hearty vote. II follows: whereas.
Judge Cambell Of the county court of
Amherst CO., Va, recently malicious
" assaulted and brurally horsewhip-
ped toe Rev. DR. g. H. Crawford.
superintendent of the Anti saloon Lea
gue of Virginia
Resolved, that we as an association
hereby express our great indignation
at this unbecoming conduct of one Of
our civil officers.
w. j. Hubbard
G. II. Shipman
J. NJ Hicdwoke.
The report on Home Missions was
read by Rev. N. 0. Sewers the work
of this Board is particularly hopeful
III Cuba.
Mr.. G. Fl. Shipman presented in
few earnest words the work and i'm
portance to the B. Y. p. u. and also
read report of the Sunday School
held i'll May at Luray, Va. DR.. Oliver
of Berryville and Rev. J. Posse, of
Leetown discussed the report.
The association adjourned at 1871
p. M, after one of the most pIeasant
and successful sessions in its history.
Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1902-09-06
SCHOOLS REOPEN.

All of the public schools of the city
and couny. except in Gerardstown dis
trict, We're re-opened Monday and the
scholars, after long vacation again
be gan the work of battling with the
problems contained in the school books.
Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1902-09-06
Pain. Your buggy for 1se

to 81. 90 with Devoe's Gloss Carriage
Paint. 1t weighs to ozs more to
the pint than others, wears longer, and
gives gloss equal to new work. Sold
by G. G. Cushwa &ABro.
Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1902-09-06

B. n. Martin, W. L. Henshaw, Jos.
Lyeth J. T. Paulding, W. f. Mulliss,
C. NJ. Lamar, G. j. Thomas, Geo, W.
Green, Ellsworth W. Gettle, W. II.
Kaufman, S. N. Widmyer. Ezra Her
ring, Geo. V. Rathman, John Groin
ger. IT,, n. Fitzgerald, W. f. Eberle,
Chas. Hooge, James johnson, Vim.
Mcdowell, George Anderson.
BoletiÌn mercantil de Puerto Rico. (San Juan, P.R.) 18??-1918, 1902-04-14

course of governmental Legislation and
action concerning them seems TO me to
indicate that Congress and the Exec.
lltive have taken the same view of
them. And the trademark act, espe-
cially hat part which concerns persons
domiciled in the United States, IS not a
treaty or convention or other interna-
tional act such that the phrase '4he
United States" employed in it, has
been regarded by the Courts as extend
ing to all places however remote within
our dorninions.
Moreover, the phrase United States
is converted in section 5 and I3 into
'fhis country, which may well be re
garded as too narrow to embrace an
after-acquired archipelago eight thou
sand miles across the ocean.
| think, therefore, that the residents
of the Philippines are not, as such,
entitled to the privileges Of the trade
mark law.
Cuba is foreign country and persons
BoletiÌn mercantil de Puerto Rico. (San Juan, P.R.) 18??-1918, 1902-04-14

|domieiled there are not domiciled in
the United States. The treaties of
Spain no longer apply in Cuba, and we
have no treaty or convention with
Cuba, unless what is known as the
Plat Amendment (3I Stat L. m. eo7)
may be regarded as such That does
not concern trademarks.
Cuba is at present governed by our
selves, and the law there purporting to
give similar privileges to citizens of
the United States as those given by
our trade mark law General Order No.
I6o) will doubtless be continued since
it is itself but a continuation of the
arrangement made by our treaty with
Spain.
Cuba may therefore be regarded as
one of the countries with which we
have reciprocal arrangements, and
person located there is entitled to re-
gister trademarks under our law,
Respectfully,
Attorney General.
BoletiÌn mercantil de Puerto Rico. (San Juan, P.R.) 18??-1918, 1902-04-14

law is inapplicable in Porto Rico But
it seems to me that in inquiring Into
the applicability of a law transferred as
part of system undoubtedly intended
only for another country when passed,
We should pay more attention to sub
stance than to words While it is true
that persons doniciled in the United
States have a distinct status as such, il
is also true that the trade mark law is
not based upon anything specific or
peculiar in that status which should
lead us to narrow its application, since
it equally embraces foreigners who are
not residents at all in the United States,
but in their own foreign countries or
tribes. Nor is there anything peculiar
in the relations tetween the Govern
ment of the United States and person
|donniciled in the United States different
from the relations between the Govern
ment of the United States and a person
domiciled in Porto Rico which should
prevent us from regarding this law as
extending to the latter.
The rights privileges and inmunities
of citizens, as such, are not involved,
and, in short, there is no perceivable.
reason why Congress Ishould make a
distinction between residents of the
United States and residents of Porto
Rico. In addition to this, the trade
mark act undoubtedly applied to the
United States in the sense of t1e
States, the organized Territories, and
the District of Columbia, and not in
the sense of the States united The
law was therefore broad originally, and
intended to apply to Territories as well
as States. To these organized Terri
tories Porto Rico, similarly and compile
tely organized, has now been added.
In addition to these suggestions, it is
apparent that a law regulating our ar
rangements with foreign countries and
referring to treaties and conventions
upon the same subject should be
treated as concerning the United States
in a very broad sense. Downes v.
Bidwell, 1872 U. S. 244.
l am of opinion, therefore, that resi-
dents of Porto Rico are entitled to
register trademarks under the act of
Congress first referred to.
AS for the Philippine Islands. I do
not regardsthem as completely organic
ed territories in contemplation of Revis-
ed Statutes section 1881. The general
BoletiÌn mercantil de Puerto Rico. (San Juan, P.R.) 18??-1918, 1902-04-14
Continued from page 2,

or with the Indian tribes, provided such
owners shall be domiciled in the United
States or located in any foreign country
or tribes, which, by treaty, convention,
or law, affords similar privileges to ci-
rizens of the United States, uay obtain
registration of such trademarks by
complying with the following require
mentS.'
In so far as Porto Rico is concerned,
laws of Congress mot locally inappic-
able" have, by the act for the govern
ment of that Island, and by Revised
Statutes, section, 1881 been extended
to it.
What la are locally inapplicable is
sometimes difficult question, but in
Hor lb lckle v. Tooms, Is Wall, 654,
the Supreme Court says:
That clause has the effect, llndoubt-
edly, Of importing into the territory
the Ia passed by Congress to prevent
and punish offenses against the revenue,
the mail service, and other laws of A
general character and universal applica-
ZION, but not those of specific applica-
tioa. The act of March end. 1891, has
specific application to the Courts OF
the United States by its very terms, and
is not of universal application, and can
not be made to apply to the territorial
courts under said clause Of said organic
act"
See also Commonwealth v. Knowl-
ton, Mass, 534, Commissioners of
Silver Bow Co. v. Davis, 6 Mont, 3I2
Ardmore Coal Co. " Bevil, 6I. Fed.
Rep, 75o, Territory V. Murray, 7 Mont,
26I.
Porto Rico has been fully organized
under law of Congress providing the
details of it's Government and organic
ed, for the most part, upon the plan
adopted for the territories contiguous to
the States of the Union. The pre-
sump. ion from the whole tenor of this
organic act is that liberal construction
of the provision extending the laws of
the United States would comport with
the design of Congress.
The trademark act, however, is con-
fined, so far as Our country is concern
ed, to owners of trade marks domiciled
in the United States, and it may be
argued that persons domiciled in Porto
Rico are a different class, and that by
he terms of the act of Congress the
The Olneyville times. (Olneyville [Providence, R.I.]) 1887-1917, 1902-10-17
FOSTER

Mrs. Abby r. Brown, widow Of the late
Rev. Thomas {. Brown, died AZ me resi-.
dsnce Of relatives In this town, on Mon.
day, az the advanced age or - year'.
Mrs. Brown sustained a fall recently,
which di,iocaied her hip. This accident
happened on her ~ birthday, Auguai 3rd.
Since that time she vas unable 10 leave
her bed. but bore her suffering with great
cheerfulne,s. her only fear being that she
would be trouble 10 The mlniUering
friend-. Ms Brown was woman whose
beautiful Chrl'tisn life has proved en-
inspiration 10 those who srioysd her &C.
quaIn,ance. Her husband, the late
Thoma, {. Brown, vas for many year,
pastor Of the North Foster church, and
uas called 70 his reward several year,
ago. Mrs. Brown vas q sister of the late
Elder Henry Hopkins, whose memory Il
revered By the people Of northwestern
Rhode Island. The funeral services will
be held on Friday afternoon.