Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1912-02-26

4 frightened Dy petty lawyer VINO could
be hired for such work. The article
contained instances Of such defaults,
and concluded with the qpuestion as
to the legality of the use of the mails
to coerce an inexperienced victim with
the threat to sue under such q contract
to get his money for value never re-
ceived. The United States circuit
court, in International Text Book Com
pany vs. Leader Printing Company, 1s9
Federal Reporter, Sc. hold that. a. the
article was an attack on the class Of
persons and corporations engaged in
correspondence school education, the
fact that it did not expressly refer to
plaintiff, q member Of that class, did
not render it the less libelous where it
was Intentionally directed at plaintiff
and was so commonly understood in
the community.
INJUNCTION.
Defendants were the sole manufac-
turers Of carborundum, having an ex-
tensive business. and having a large
and expensive plant with machinery
built for that special work. Their pro-
duct was also protected by a patent
but in it's manufacture they used a
process of smelling by electric current
which was held to infringe complain
ants patent, and without the use OF
such process their plant could not be
operated. Their use Of IL was en-
tered into in good faith and without
knowledge that it was an infringement.
In the manufacture Of their product
they entered field no one else was
occupying. The United States circuit
court, in Electric Smelling & Alum
mum Company VS.. Carborundum Com
pany, $50 Federal Reporter, 10. holds
that, while complainant was entitled
to decree for an injunction against
the use of its process and an account
ing. inasmuch as it was not in compe-
tition with defendant as manufac-
turer and could be fully compensated
in damages. the injunction would be
withheld on the giving of a bond by
defendant to sucure the payment Of
such profits and damages as COM
plainant might recover.
Ex-CONvICT CITIZENSHIP.
One Ross, petitioner for admission
as citizen Of the United States and
discharged convict. was denied admis-
sion by the United States circuit court,
altho his behavior had been good dur
ing five years preceding the petition.
1t appeared that in 1896 he pleaded
guilty to the charge OF murder in the
second degree, for which crime he
served nine years lii the Ienitentiary.
Judge Wilmer, in re Ross. 1sS Federal
Reporter. SIS, holds that If his person
al welfare alone was entitled to consid
Grafton the comforting of the rights
of citizenship might be considered
as proper aid and announcement.
but that the matter could not
be determined along such mar
row lines. since the evil resulting
from such practice would immeasur-
ably exceed the personal benefits con-
ferred from such attempts at dispens-
ing charity. The honorable judge says:
citizenship is not to be debauched by
comforting on the criminal class it's
sacred privileges. The crime of which
petitioner admitted his guilt is so alb
horrent to human nature and society
that this court will not bestow on him
the rights of an American citizen. not
withstandine the great liberality of our
federal govr nment."
a SURE CURE.
A Leach ingeniously advertised
sure cure" for all ills as reading mat
ter conveying the idea OF some great
discovery, and sold 1t to the gulltble
public as "Oii OF Pine or Virgin Oil
Of Pine (Pure)" The Virgin Oil had
no appreciable amount of oil Of pine
in it and was mainly liIlified resin.
Or. Leach" Was not physician snd
his Cam for consumptives in the
pine VIC Maine was pure nc
ton. -" his adninistratrix had
the ten-al.tv to seek relief from the
courts against unfair competition and
infringement of its trade-name. The
United States circuit court, in Leach
VS.. Scarf, lss Federal Reporter. 446,
denies reliee. even tho compliments
use OF the names is original and fanci-
full, since he is in a position Of either
perpetrating a fraud on the public by
falsely claiming the presence of oil OF
pine as an ingredient or claiming
trade name in a mere proper pharma-
ceutical designation Of the drug or
compound he seeks to protect.
MUST TAKE MUTILATED COINS.
Plaintiff. a boy about 10 years old,
boarded one Of defendants cars in the
night time to go to his home. When the
conductor asked for his fare. he ten