The Providence news. (Providence [R.I.]) 1891-1906, 1904-02-19
PLACED
ON GOOD
BEHAVIOR.

The form OF final decree was argued py
attorneys before Judge Brown In the
United States court. today and this Is
the latest legal phase of the trading
stamp controversy.
John s. Murdoch, Esq, OF the firm or
T1llinghast and Murdock, was present In
his usual capacity as counsel for Messrs'
sperry and Hutchinson, while Il. d. Bas-
sett ESQ. ontinued 20 represent the re-
spondents.
Since the decision OF Judge Brown on
Tuesday. Mr. Murdock had drawn up
decree I'm conformity and this ne onered
for the consideration OF opposing counsei
and court, too. The document was OF
sweeping character restraining and en-
Joining the defendants-the Mechanics
Clothing company--from issuing, buy
ing. selling or disposing. or OF otherwise
dealing I'm any checks, vouchers or trad
ing stamps (green). the title TO which
rests solely in Sperry and Hutchinson;
to cease misleading the public mind In
the form OF fraudulent advertisements
based on any reputed connection with
or authority from the complainants'
Sperry and Hutchinson company; finally.
absolutely enjoinlng and restraining the
defendants from displaying such placards
as we give trading stamps; we give
green trading stamps or any other sign
now or hithrto used by complainants In
the conduct OF their business"
This decree. Mr.. Mumford claimed. was
in line with the restraining order and the
| judges decision.
To this form of decree. Attorney Bas-
sett took several exceptions and sub
mitted decree not so drastic and which
he asserted would conserve the rights
| Of oomplainants and place his clients, the
! defendants, IN a fair, just and equitable
| light before the public. What his clients
had done. they had done in good faith.
They Immediately surrendered all green
trading stamps in their possession when
the bill was filed and those stamps were
still in the possession OF the court. They
had obeyed the restraining order UP 10
the announcement of the judges decision.
which they interpreted as permitting them
to acquire green trading stamps In future
not direct from local merchants, who were
the Sperry a. Hutchinson subscribers. but
as everybody else properly from the Gus
toners OF these merchants, from collec-
tors and from the public In general.
Furthermore, they had ceased to In
sert in the newspapers presumably frau
dulent advertisements. were willing TO an
} nounce in future advertisements as public
ly as they may have done 10 the con
, trary In the past that they never had an!
connection WITH or huJnorl-y itoHl III
Sperry & Hutchinson company TO issu
trading stamps and mako any other re
r paration possible or 20 be suggested II
order TO continue in and conduct legiti
5 mate clothing business.
After two hours OF argument by coun
n sci on both sides, Judge Brown said tha
a there was no question but the complain
Q ants were entitled to a decree in conform
: ity to his decision and restraining order
g The question was TO do justice TO respond
o ents without doing injustice to the com
= plainants.
Furthermore. he suggested that rea
sonable time be given the defendants {
;, show they purposed 20 act in good fait
= I'm the future When they did so-no linn
! of time being fixed-then with good grac
they could file an application tor inou
ication OF the injunction. the merits
: the case be speedily tried and n final of
j. cree entered conserving the interests
x all parties concerned.