davidaulloa/AmericanStories huggingface dataset:
The Marion daily mirror. (Marion, Ohio) 1892-1912, 1910-12-28

OREDGE COMP ANY
WINS CONTENTION
Demurrers to Petition Are
All Sustained.
MAY USE NAME SELECTED
Judge Babst So Rules in the
Case.
Court Submits Quite Lengthy Opin-
ion in the Case, Giving the Rcas-
ons For Holding in support of the
Dcmurrcrs.

In the case of the Marion Steam
shovel company against the Marion
Shovel and Dredge company in which
the plaintiff seeks TO restrain the de-
fendant from using the name which
has been selected and under which
it was Incorporated. Judge Babst has
sustained the demurrers of the de-
PENDANTS To the amended petition Of
the plaintiff.
The petition in the case was filed
and later an amended petition was
filed. TO this amended petition, the
defendants entered a demurrer and
the demurrer was argued to the court
about two weeks ago. The sustaining
of the demurrers puts an end to the
litigation so far as the common pleas
court is concerned but it is probable
the matter will be carried to the
circuit court and even to the supreme
court before an end is had to the
litigation.
In rendering his opinion in the
case, Judge Babst had this to say:
THE petition is one for an inJunc-
ton restraining the defendant from
and under which 1t became a corpor-
ate body-The Marion Shovel and
Dredge company.
"To this amended petition. the de-
PENDANTS and the several parties de.
mur generally that II does not state
cause of action.
"The demurrers were ably argued at
much length and counsel have sub
mitted elaborate briefs i'm support OF
their contentious.
I'VE have carefully read the briefs,
and such Of the cases as cited as were
at out command, as well as kept in
mind the oral argument.
we may as well say now that we
do not intend to give an opinion re-
viewing and differentiatng between
the multitude of cases cited by coun-
sci, but having given them considera
tion we will briefly state the reasons
that controlled our opinion upon the
questions involved.
THE petition in our opinion states
sufficient probative facts to raise the
question upon the demurrers, as to
whether or not the adoption and use
by the defendants of its corporate
name, or designation, is likely to, does
or will result in loss of establshe
trade to IL, acquired by long engage
ment in business, extensive adver-
tisement and divert trade from the
plaintiff TO the defendant company.
1T is not complained that any dam
age has resulted-nor' yet that any
! confusion has arisen, other than that
the post Office officials We're con-
fused as 10 the delivery of mail az
The Marion daily mirror. (Marion, Ohio) 1892-1912, 1910-12-28


"As to this allegation we have but
little to say-mail properly addressed
to either of these parties was sub
ject to delivery we cannot compre-
hend why there should be any diff
ficulty in discriminating between The
Marion Steam Shovel Company and
The Marion Shovel and Dredge Com
pany. These addresses legibly written
are so different that he who runs may
read
"The statutes of Ohio provide that
the name of all corporations for profit
shall begin with the word The and
end with the word Company SO we
have two words used by the plain
tiff and defendant legalized by the
statutes.
1T would seem Dy Il long line OF
cases that n geographical name may
not be appropriated to the use of
one person--or corporation to the
exclusion of others-especall Is this
true when the individual or corpora
tion are in the locality indicated by
the corporate name, as i'm the case of
Marion. So we have by law the right
of both plaintiff and defendant to
use the words, The Marion Com
pany.'
"To entitle plaintiff to the relief 1t
demands the corporate name must be
such as will likely deceive, or mis-
lead the trade. This, as we view 1t,
is a concensus of all of the cases and
starting with the parts embodied I'm
the corporate title embraced I'm both
All a n..l hot
the plaintiff used steam Shovel read
ing as a whole The Marion Steam
Shovel Company.
"The defendant using the words
allowed to be used by its corporate
name are comported as The Marion
Shovel and Dredge Company. 1t will
be seen that the defendant drops the
word Steam and adds 'Dredge and
We have the result. The Marion
Steam Shovel Company-The Marion
Shovel and Dredge Company The
question in it's final analysis is, will
these designations or corporate names,
because of similarity result in mis-
leading the trading public to buy from
the defendant when they believed
they We're dealing with the plaintiff.
1.-THE plaintiff has been in trade for
twenty-five years-the defendant is
but Incorporated. In the years that
plaintiff has been in business 1t would
seem that its output as well as Its
corporate name should be known to
the trade and hence there should be
small chance of a new concern of
other and distinct designation leading
to confusion. The right of the de"
fendant to make the same articles
as are made by plaintiff seems To
be conceded and unless sales are
made by misleading corporate name
or other artifice, the plaintiff could
not object.
"The amended petition does not
state a case of present danger, but
prospective, yet 1t is sufficient in that
respect for, it is the right of per-
son or body corporate to protect
against threa tened danger.
Courts as we believe should be on
guard to prevent a situation which
will result in concentrating trade in
one as against others so as to pre-
vent fair competition. OF course the
defendant could adopt a different
name, and by so doing could obviate
this objection, but why shoul 1t be
driven to the use of a name which
noes not i'm itself In a sence define
its output, and yet not do violence
to others in like trade.
Holding these Views, We sustain
the dem"i rer"
The Marion daily mirror. (Marion, Ohio) 1892-1912, 1910-12-28
ROBERT FOX DIES
AT INFIRMARY
Man Who Came 10 the Police Sta
ton One Week Ago, Dies.

Robert Fox, the man who wander
ed into the police station a week
or so ago, and who was thoroughly
exhausted from lack of food and
whose hands and feet were Severe
ly frozen, died at the Marion County
Inhrmary at five o'clock last even
ing. Death was result of lock-jaw
which resulted from the freezing of
the mans feet.
Nothing Is known of the mans re-
latives as the inflrmary officials could
find out nothing about his past life.
Services were conducted at the un-
dertaking parlors Of M, II, Gunder
and Co., this afternoon at three
o'clock. Rev. j. p. Currin oficiated.
Interment was made in the Marion
cemetery.
The Marion daily mirror. (Marion, Ohio) 1892-1912, 1910-12-28
Iourteen Perished.

Victoria, b. c., Dec. 2S-Wireless
messages today confirm reports that
two lifeboats and the cabin Of the
missing steamer st. Denis, Captain
Davis, have been found in the vicinity
of Clayoquot.l 1t is believed the steam
er went down and its crew Of four
teen perished. The st. Denis was lad
en- with coal and was being taken
from Vancouver to Santa Cruz
The Marion daily mirror. (Marion, Ohio) 1892-1912, 1910-12-28

Gardstein's house was found to be
a small arsenal, equipped with bomb
making machinery, but not until to-
day did the police find the letters that
revealed the anarchistic plot.
In connection with the anarchist
scare, the Evening Times declares
that Scotland Yard is taking prelim-
mary measures toward suppressing
the English sales of the newspaper
Liberator, an anarchistic paper pub
lished in Paris, but chiefly devoted
to the announcement of English rev.
The Marion daily mirror. (Marion, Ohio) 1892-1912, 1910-12-28
TWO AUTOMOBILES
COME TOGETHER
DIR. Il. l.. Brady and Joe Allen Figure
In Little Mix-up With Machines.

Two automobiles, both going at a
good rate came together at the in
tersection of Main and Center streets
Tuesday afternoon and both were
slightly damaged. DR.. Il. l.. Brady was
driving north on Main street and had
just crossed the street car tracks
when he was struck squarely amid
ship by machine driven by Joe AL
len, who was driving west on Center
street. With DIR. Brady was DR.. II.
A. Rice Of Columbus. None of the
occupants of the car were injured and
the machines escaped with only slight
damage. The Tenders on DIR. Brady's
machine were badly bent and a
small casting on Mr.s ALIENS ma
chine was broken. Both machines
We're driven to a garage under their
own power.
The Marion daily mirror. (Marion, Ohio) 1892-1912, 1910-12-28
Out on Bond.

Frankfort, KY, Dec. 2S.-Grover
Land, the Cleveland backstop, and
Pat Bohannon, the Denver ball play
er, hel din connection with the shoot
chant. yesterday, are still free on
$500 bond. Theophanis may recover.
The ball players it is said were try
ing to keep the Greek from firing in
to a crowd. Their examination trial
has been set for Friday.
The Marion daily mirror. (Marion, Ohio) 1892-1912, 1910-12-28
MRS. BALDAUF
PASSES AWAY
Death Comes as Result of Heart
Trouble.

Wednesday morning at three o'clock
death came to Mrs. Wilhelm Baldauf
at the home of her daughter, Mrs.
Augustus Miller on Blaine avenue,
as a result of heart trouble
Two daughters, Mrs. j. II. Good
shear, of Bellevue, and Mrs. Miller at
whose home death occurred survive
to mourn their loss.
Short funeral services will be held
at the residence this afternoon at
four o'clock and the remains will be
shipped to Bellevue this evening for
burial.
The Marion daily mirror. (Marion, Ohio) 1892-1912, 1910-12-28
HELMAN-
McCLENATHAN
Cardington Young People Married
Christmas Day.

Sunday morning the marriage of
Mr.. John f. Helman to Miss Florence
McClenathan, of near Cardington took
place at the Evangelical parsonage
on Mt. Vernon avenue. Rev. John
Hobson was the officiating minister.
The wedding was of n very quiet
nature, the young couple being ac-
companied only by Miss Leola Nc
Clenathan and Mr.. Harry Friant.
The Marion daily mirror. (Marion, Ohio) 1892-1912, 1910-12-28
Watching Hondnran RebcIIlon.

Washington, Dec. 2S.--The United
States gunboat Yorktown ordered to
protect American interests in Hon
duras arrived at Amapala on the west
coast Of Honduras, today. The COM
mander reported to the state depart
ment by cable. saying he was prepar-
ed to act whenever necessary.
The Marion daily mirror. (Marion, Ohio) 1892-1912, 1910-12-28
HOUSE EQUIPPED
WITH EXPLOSIVES

London, Dec. 2S.-An anarchistic
plot of widespread qualifications, the
details of which are still an official
secret, was disclosed in the corre-
spondence seized in the home of the
dead burglar. Gardstein, one of the
gang that killed three policemen on
December 16 in the fight in Hounds
Ditch, according to today's Exchange
Telegraph.
The Marion daily mirror. (Marion, Ohio) 1892-1912, 1910-12-28

j, p. Menges, the expert piano.
tuner, viii be here next week. Leave
your order at Henney & cooper's, or
Lancaster, 0. l2-2S-6t
The Marion daily mirror. (Marion, Ohio) 1892-1912, 1910-12-28

olution. The Times asserts that the
publisher of the Liberator, Edward
Holton, was formerly an American
lawyer, who now lives in Paris.
The Marion daily mirror. (Marion, Ohio) 1892-1912, 1910-12-28
The Warner 8 Edward. Co.
Our
January
Sale |f

This clearance of all
Winter Ready to Wear
Garments and Furs
started Tuesday morn
ing.
It is just a determin-
ed effort to reduce the
ready to wear stocks be
fore inventory.
Nothing is reserved
in the winter line-the
winter is young. More
than half yet to come.
To be able to buy the
best and latest in Coats,
Suits, Furs, Evening
Capes, one piece Dress
es at the prices prevail
ing in our entire stock
today is indeed a RARE
OPPORTUNITY.
The Warner
s. Edwards
Company.
The Marion daily mirror. (Marion, Ohio) 1892-1912, 1910-12-28

April 9th, 1909 Marina Miller was
granted divorce from Samuel Mil
Ter and was awarded alimony in the
amount of $1,000, to he paid in month
ly installments of $25 until the full
amount had been paid Samuel has
paid about $500 of the amount and
is neglecting to keep up the INSTALL
ments as required by the court. At
torney John w. Clark has filed mo-
tion in the case asking that the sheriff
present Mr.. Miller in court to show
cause why he should not be held in
contempt. Miller is now located in
Xenia. He will be brought back to
explain his actions TO the court.
The Marion daily mirror. (Marion, Ohio) 1892-1912, 1910-12-28
Police Straighten Out Do
mestic Troubles.
IN MAYORS COURT
His Attorney Enters Motion
For Dismissal.
Armstrong Has Many Witnesses I'm
His FavOr-Store at Mt. Victory
Burglarized - CHIEF Klinefelter
Takes Chas. Thomas to Worlxhouse.

About 10 o'clock last night the po-
lice were called to north oak street.
The message said that Mr.. Charles
Arthur had killed his wife. Officers
Powell, McColly and Bond hurried to
the scene and from the street could
hear screams and means coming from
the house. They were refused admit
lance and were compelled to break
down the door. On the inside the Of
ficers found Mrs. Arthur lying on the
floor, apparently i'm a very bad condi-
tion. Bloody froth was oozing from
her mouth and when the officers at.
tempted to assist her to rise, she
would scream. saying that her back
was broken. Attempts made to bring
a physician to the residence were fu-
tile, but no harm came from the
inability to locate doctor.
Upon closer examination, It was
found that the blood was coming from
a small cut In her lip and the froth
from imbibing too much beer Her
back was not broken as was first sup
posed, the woman was in a fit Of
stubborness because her husband
would not permit her to go down
town. He persuaded the officers that
he would be able to care for her and
no arrests were made.
Mrs. Arthur had called at the home
Of Mrs. Seitz on Playground street,
earlier in the evening, and while
there had partaken of Il superfluous
quantity of liquid refreshments. Mrs.
Seitz armed her with a 3S caliber
revolver, well loaded, and started her
homeward. The revolver was in her
possession when the police arrived,
which made the situation a rather
delicate one to handle.
The Marion daily mirror. (Marion, Ohio) 1892-1912, 1910-12-28
Damage Case Trial Was
Completed This Morning.
NEGLECTS TO PAY ALlMoNy
Samuel Miller is Cited to the
Court for Contempt.
The Jury Takes Some Time in Arriv-
ing at Verdict I'm the Case of John
w. Clark, Administrator Against
John ID. Owens ana Others.

The taking of evidence in the case
of John w. Clark administrator of
the estate of Elmer Burch, deceased,
against John ID. owens and others,
was not completed until late Tues
day evening The defense did not
place a witness on the stand, but at
the close of the evidence of the plain
tiff, the defense interposed a motion
to direct a verdict i'm favor of the de-
PENDANTS. This motion was over
ruled and this morning the arguments
of the attorneys was begun. The
arguments were completed and the
charge of the court delivered at 1880
o'clock the jury was sent to the jury
room to deliberate.
The Marion daily mirror. (Marion, Ohio) 1892-1912, 1910-12-28

Harry Armstrong; hearing was
held in the mayors court Tuesday
afternoon. Armstrong is charged with
keeping a place where Intoxicating
liquors are sold. resulting from raid
conducted by the police about week
ago. Chief Klinefelter and Officer
Cusick were the witnesses for the
state. When the state rested Attor-
ney l.. T.. Meyers. for the defendant
moved that the case be set aside be-
cause of lack of sufficient evidence
The mayor overruled this motion.
Eight witnesses for the defendant
we're then examined and all claimed
that they knew nothing of any liquor
ever being sold in the New Erie hotel
The witnesses were boarders at the
hotel at the time of Armstrong's ar
rest. Again, Attorney Meyers entered
4 motion for the dismissal of the case.
rhe mayor withheld his decision un-
til Friday.
The Marion daily mirror. (Marion, Ohio) 1892-1912, 1910-12-28

Chief Klinefelter went to Columbus
today, taking Charles Thompson with
him. Thompson has sentence to
serve in the Columbus workhouse,
imposed by Mayor Setter.
The Marion daily mirror. (Marion, Ohio) 1892-1912, 1910-12-28

The general store OF Williams and
Johnson at Mt. Victory was entered
by thieves last Sunday night and
sweaters, underwear, shoes and other
clothing. amounting to quite a sum
Of money, were taken. The robbers
were tracked as far as LaRue with
bloodhounds. Here the dogs lost the
scent and it is thought that the men
came to Marion. Mr.. Williams and
Mr. Conley of Mt Victory were in
the city yesterday looking for the
men with the aid of the city police.
The Dawson news. (Dawson, Ga.) 1889-current, 1910-02-02
FOR CONGRESS.

To the Voters of the Second Con
gressional District: 1 hereby an
nounce myself a candidate for Con-
gress to succeed the late Judge
Griggs. 1 have always been a Demo
crat, and believe in the old Demo
cratic doctrine of equal rights to all
I shall greatly appreciate the votes
from all sections of the district, and
pledge to the people, if elected, q
strong, active, but conservative
course, as their representative in the
National Congress. My long years
of experience in State Legislation
gives me a thorough knowledge Of
all kinds of legislation, and will en-.
able me to take hold just where ouI
great deceased congressman left off
when called across the Great Divide
Hoping that | may be entrusted
with the greatest gift in the hands
of the voters of this district, l an
gratefully yours, J. P. KNIGHT.
The Dawson news. (Dawson, Ga.) 1889-current, 1910-02-02
ANNOUNCEMENTS
FOR CONGRESS.

To the White Democratic Voters
of the Second Congressional District
of Georgia: l take this method OF
announcing to you my candidacy fol
Congress at the primary election or
dered to be held on February 10
1910, to fill the vacancy caused by
the death of Hon. James M. Griggs
subject to the action of the Demo
cratic Executive Committee of the
district.
have taken an active part in the
tight for what l conceived to be
sound Democratic principles and pol
lcles for twenty years or more, and
my views are we'll known to a great
majority of the voters. In all the
years that l have given to the cause
of Democracy in the district | have
not sought any political Office at your
hands, and l am made to believe
now, by the expressions that have
come to me from Democrats through
out the district, that the people are
ready to trust me as their next Rep
resentative in Congress.
| respectfully ask the support of
all Democrats voters of the district,
and, If elected, pledge my very best
efforts to serve efficiently and impair
TALLY the best interests of the peo-
pie of all the counties of the district.
Respectfully, w. N. SPENCE.
The Dawson news. (Dawson, Ga.) 1889-current, 1910-02-02
A Safeguard to Children.

'Our two children of six and eight
years have been since infancy sub
ject to colds and Group. About three
years ago I started to use Foley s
Honey and Tar, and it has never
failed to prevent and cure these
troubles. 1t is the only medicine !
can get the children to take without
a row." The above from w. c,
Ornstein, Green Bay, Wis, duplicates
the experience of thousands of other
users of Foley's Honey and Tar. 1t
cures coughs, colds and Group, and
prevents bronchitis and pneumonia.
Dawson Drug Co. and Peoples Drug
Store
The Dawson news. (Dawson, Ga.) 1889-current, 1910-02-02
BIG FARM SOLD IN LEE.
Mr.. Ira Cook Sells Davis Place to
South Carolina Man For $4,000.

A big deal in farming lands has
just been consummated in this Sec
ton which indicates the fact that at
tention of people in other states is
being more and more attracted in
this direction.
The sale has just been made of
$500 acres of land, about five miles
north of Albany, between this city
and Leesburg, known as the Davis
place. This property formerly be-
longed to the late Capt. j. A. Cook,
and until this sale was made be-
longed to Mr.. Ira Cook.
For the sum of $4,000 this place
has just been sold by Mr. Cook to
Mr.. w. A. Cason of South Carolina.
1t is stated that Mr.. Cason had
for some time been DESTROYS of pur-
chasing a plantation near Albany,
with the intention of making his
home in this section. After look
ing about he finally decided to pur-
chase the Davis place, and the deal
has been finally consummated.-A
| bany Herald.
The Dawson news. (Dawson, Ga.) 1889-current, 1910-02-02
$4,000 FIRE AT CUTHBERT.
Fertilizer Plant of Southern Cotton
Oil Company Destroyed.

The fertilizer plant in this city of
the Southern Cotton Oil Co. was con-
sumed by fire Friday night. The fire
was discovered about o'clock, and
the fire department responded
promptly, but by the time they ar
rived almost the entire building was
in flames, and they did not have sufi-
cient hose to be of any service.
The building contained several
hundred tons of various fertilizer
materials, but all of this was not an
entire loss. 1t is estimated that the
damage will amount to about $15,-
900, which is partially covered by in
surance.
With characteristic enterprise the
Southern Cotton Oil Co. has begun
the erection of a new building, which
it is expected will be completed with
in ten days.-Cuthbert Leader.
The Dawson news. (Dawson, Ga.) 1889-current, 1910-02-02
MRS. ZIMMERMAN PASSES AWAY
Plains Loses One of Its Highly Es-
teemed Young Woman.

A sad death was that of Mrs. Gin
ton Zimmerman, which occurred at
Plains Sunday night at II o'clock.
Just in the bloom of young woman
hood her death was doubly sad, but
softly as gentle zephrs wandering
through groves of verdure, detach-
ing sweetness from blossoms, so soft
ly, so gently her spirit left its earth
ly tenement and winged it's flight to
God. She had been in declining
health for some time, and bore her
suffering with fortitude and resigna-
ton. She was loved by large cir
Gle of friends, who are in heartfelt
sympathy with the bereaved husband,
the little babe and other relatives.
The funeral services, which were
held Monday afternoon at the Luth-
eral church. of which she was mem
Der, was conducted by Rev. w. c..
Schaeffer of Atlanta and Rev. J. S.
Gilmore of Oglethorph, and was beau
tiful and impressive
The interment was at Lebanon
cemetery. Times Record
er,
The Dawson news. (Dawson, Ga.) 1889-current, 1910-02-02
| GREAT ENTERPRISE
COMES TO DAWSON
Horsey Drug Co. Makes Important Connection With the
Largest COOPERATIVE Corporation in America,
Backed BY Men Doing an Annual Busi-
ness Amounting to $75,o0000O
THE PEOPLE OF DAWSON BENEFITED

cess for these remedies, which are
sold under the trade-name Rexall,
which means King-of-All. From re-
ports coming from thousands of
towns and cities the Rexall Rene
dies are certainly demonstrating their
full title to the name.
Those who have previously refused
to buy proprietary medicines because
there was no way of ascertaining
their ingredients can now purchase
ReXal Remedies, the formulas of
which they can have for the asking.
Besides they are sold by concern
personally known to you and located
right here in our own city, who guar
antee that they are in every way as
represented or they will cost moth
ing.
Rexall Dyspepsia Tablets are the
first of the three hundred remedies
which are being introduced. Anyone
in Dawson who suffers from stomach
arrangement, Indigestion or dyspep-
STA should not hesitate to try this
Rexall remedy when they are so
highly recommended and backed with
such strong guarantee.
Horsley Drug Co. are so we'll and
favorably known for their sterling
honesty and square dealing that we
predict a great success for them with
the Rexall Remedies, and they are
to be heartily congratulated in bring
ing this great and modern business
enterprise to Dawson.
We urge all who may be in need
of prepared medicines to call on
Horsley Drug Co. and learn about
the Rexall Remedies. Enterprise of
this sort should be encouraged.
The Dawson news. (Dawson, Ga.) 1889-current, 1910-02-02
FOR TAX COLLECTOR.

To the Voters of Terrell County:
County officers who have done their
duty in Terrell county heretofore
have been given a second term in
office. Therefore, in accordance with
that long established Democratic
custom, l announce to you that | am
"a candidate for reelection to the
office of Tax Collector of Terrell
county, subject to the Democratic
primary promising if given the GUS
tomary second term faithful and
efficient discharge of the duties of
the Office. Your vote and influence
in my behalf will be highly appre-
ciated. l am respectfully,
S. d. BOWMAN.