davidaulloa/AmericanStories huggingface dataset:
The news scimitar. (Memphis, Tenn.) 1907-1926, 1918-12-30
Hearst Initiated.

Besides the. misappropriatio there
are e@mentS of limitation. of false pre-
vice of rewriting co~mplainant's news
articles, frequently resorted TO-, carries
its own comment, The habitual failure
to give credit to cOmplair ant for that
which Is tUkeA Is significant, Indeed.
the entire sy4tem of appropriating COM
p%lainant's news and Transmitting II as
a commercial product to d~efandant's
clients and patrons amounts to a false
representation to them and to their
newspaper readers that the news trans
mltted Is the result Of defendants own
investigation In the field. But these
elements, although accentuating the
wrong, are not the essence OF 1t. 1t Is
something more than the advantage Of
celebrity Of which complainant is being
deprived,
1.-THE doctrine Of unClean hands in in
voked as a bar to relief; ii being in
sisted that defendants practices against
The news scimitar. (Memphis, Tenn.) 1907-1926, 1918-12-30
Position Untenable.

THE contention that the news is
abandoned 10 the public for all purposes
is untenable, Abandonment Is a uues-
ton OF intent, and the entire ~organiza-
tion of the Associated Press negatives
such Il purpose. The cost of the SER
vic would he prohihitive II the reward
were to he SO limited No single news
paper, no small group Of newspapers,
could sustain the expenditures. indeed,
It IL one of the most obvious results OF
defendants theory, that, by permitting
indiscriminate publication by anybody
and everybody for purposes OF profit In
competition with the news gatherer, it
would render publication profitless, or
so little profitable as in effect to cut off
the service by rendering the cost pro-
hibitivc In comparison with the return.
The practical needs and requirements
The news scimitar. (Memphis, Tenn.) 1907-1926, 1918-12-30
COUGHING SPELLS
BREAK YOUR REST
Put a Stop to Them With
Old Reliable DR.. Kings
New Discovery.

That raw. hoarse throat must be
soothed. That phlegm loaded chest
must be loosened. That cough must be
checked so you can sleep.
Or. Kings New Discovery has been
relieving colds and coughs for half a
century without the least disagreeable
Xour druggist has it because it Is
w~ell-known and in big demand soc
and $1.20.
The news scimitar. (Memphis, Tenn.) 1907-1926, 1918-12-30

Washington society while far from
having a dun season is hesltating until
1t is decided what the white House is
going to do. For II the White House
resumes Its usual prewar program OF
state functions, II behooves the ordi-
nary private hostess not to risk COLI
sion with the White House dates.
Even Mrs. Marshall Is waiting, hut
she is rather inclined to pick up things
where she dropped them when America
entered the war. Mrs, George Barnett,
wife OF Mai Gen. Barnett, the COM
mandant OF the marine corps. recently
arrived home from overseas, where she
has been with her husband and expects
to open UP their home and resume her
The news scimitar. (Memphis, Tenn.) 1907-1926, 1918-12-30
Consider Service.

THE peculiar features OF the case
arise from the fact that. while novelty
and freshness form so important an ell
ement In the success Of the business,
the very processes OF distribution and
publication necessarily occupy "A good
deal OF time, Compartments service, MS
well as defendants, Is n daily service
to daily newspapers most OF the for
etgn news reaches this country at the
Atlantic s~eaboard, principally at the
city OF New York. and because OF this,
and OF time differentlals due to tho
earth's rotation, the distribution OF
news matter throughout the country Is
principally from east to west, and,
since In speed the telegraph and tele-
phone easily outstrip the rotation Of the
earth, II ts a simple matter for defend
ant to AXE Co|mplatnaut's news from
bulletins or early editions Of complain
ants members In the Eastern cities and
AZ the mere cost OF telCGraphic trans
mission cause II to be published IN
Western papers issued at least as early
rs those served by complainant. Re-
sides this. and irrespective Of time diff
ferntials, Irregularities in Geographic
transmission on different lines, and the
normal consumption OF time In printing
and distributing the newspaper, result
In permitting pirRtod news TO be placed
In the hands NJ defendants readers
sometimes simultaneously with the SER
WIZ VI NtlillltlA lAA NN"'NAdlth I Gas DhE
pers, occasionally even earlier,
Defendant insists that when. with
the sanction and approval Of complain.
ant, and as a result of the use Of its
news for the very purpose for which Il
Is distributed, a portion Of complain
ants members communicate II to the
general public by posting Il upon bull
letin boards, so that all may read. or by
issuing il to newspapers and diStribut-
ing II Unfortunately, complainant no
longer has the right to control the use
to be made OF 1t, that when It thus
reaches the light OF day II becomes the
common possession OF all to whom Il Is
accessible, and that any purchaser Of
n newspaper has the right TO communi-
cate the intelligence which II contains
70 anybody for any purpose, even for
the purpose OF selling II for profit to
newspapers published for profit In COM
petition with compliments members.
Bares Unfairness,
"The fault in the reasoning lies in
applying az a test the right Of the COM
plainant as against the public, instead
OF considering the rights Of complain
ant and defendant, competitors In bust
ness az between themselves, The right
OF the purchaser OF a single newspaner
to spread knowledge OF its contents Rra-
tuitously, for any legitimate purpose
not unreRsonBhly interfering with COM
~rlalnRnt's right To make merchandise
Of IT, may be admitted; but TO trans
init that news for commercial use, In
The news scimitar. (Memphis, Tenn.) 1907-1926, 1918-12-30
Try This for Constipation a:

Keep the bowels on schedule time
with Dr.. Kings New Life Pills, the
system freed from poisonous wastes,
the complexion clear, the stomach
sweet, the tongue u%ncoated, the breath
untainted, Mild yet positive in action.
2bc. adv.
The news scimitar. (Memphis, Tenn.) 1907-1926, 1918-12-30

This is the beginning of a piece OF
verse whose kinship to the notorious
Hymn Of Hate" is evident. Then fol-
lows a catalogue Of the allies sins. the
foremost Of which is "consorting with
yellow Asiatics." The final outburst
runs.
The news scimitar. (Memphis, Tenn.) 1907-1926, 1918-12-30
WHY DOCTORS
USE CALOMEL
FOR The LIVER

Doctors use calomel for the liver
because it is the worlds greatest
liver medicine for which there is alb
solutely no substitute. But it should
be taken in the new safe DIscoI Ak
tablet form, which makes it absolute
ly free from any sickening or harmful
after effects. Put up and guaranteed
by Discolax Medicine Co., Clarks-
vile, Tenn, in boxes of IL tablets at
25c. At your druggists or by mail.
The news scimitar. (Memphis, Tenn.) 1907-1926, 1918-12-30
Safeguard Enterprise.

Fresh news is got only by enter
news as it is produced by the defend
ant represents by implication that 1t
has been acquired by the defendants
enterpris, and at its expense. When
It comes from one of the great news
collecting agencies like the Associated
The news scimitar. (Memphis, Tenn.) 1907-1926, 1918-12-30

PENDANT 20 obtain news before pubHca-
ton. ard third, hy copying news from
bulletin boards and from early editions
@. compliments newspapers and SELL
ing this, either bodily or after re-
writing 10, to defendants customers.
The district court. u1ou toDsItcra-
ton NJ the bin and answer. with votum-
nous affidavtts IN both sides, granted
r preliminary injunction under the first
and second heads, hut refused at that
Stage 10 restrain the systematic prac-
lice admittedly pursued by defendant.
Of taking news bodily rrom the bulletin
boards and early editions Of complain
ants newspaper n selling il as It's
own.
The court expressed Itself as salts
fled that this practice amounted to un-
fair trade, but as the legal question was
one of first impression II considered that
the allowance Of an injunction SHOULD
await the outcome Of an appeal, $50
fed. rep. 9S3, 1896. Both parties having
appealed, the circuit court of appeals
sustained the injunction order so far
as It went. and upon c~omplalnant's ap-
peal modified II and remRnded the
cause with directions to issue an in
junction also against any bodily taking
Of the words or substance 81 complain
ants news until its commercial value
az news had passed away 245 fed. rep
9t4, 253. The present writ Of Certiorari
was then allowed PAS L. \. 64f
The news scimitar. (Memphis, Tenn.) 1907-1926, 1918-12-30

we may and do assume that neither
party has any remaining property in
ierest as against the public In uucopy-
tlghtcd news matter after the moment
OF it's first publication. 1t by no means
follows that there Is NO remaining
property interest In 1t as between
themselves. For. to both Of them alike,
news matter, however little susceptible
OF ownership or dominion i'm the alb
sOlutC sense, II stock In trade, to be
gathered at the cost " enterprise, OF
ganization, skill, labor and money, and
to be distributed and sold to those who
VIII pay for 1t, as for any other mer-
Chandise. Regarding the news, there
fore, HS but the material out Of which
both parties are seeking TO make prof
It's at the same time and In the same
reld, we hardly can fail to recognize
that for mis- purpose, and as between
them, II must he regarded as quasi
property, irrespective OF the rights of
either ~" against the public,
In order to sustain the jurisdiction
OF equity UNCr the controversy, we need
not affirm amy general and absolute
property In the news as such. The rule
that "A court of equity concerns itself
only In the protection Of property rights
treatF any Civil right Of Il peCuniary
nature AZ "A property right tin re Saw
yer, l24 4, s, 200, 2l0, in re- Debs, 1853
L. s. 564, $3.50 and the right to acquire
property by honest labor or the CON
duct Of n lawful business Is as much
entitled to protection IA the right to
guard property already acquired, TruaX
V, Raich, $50 4. s. 80, 31-3S, Brennan V,
United Hatters. ~ N, j. law 729, 7i2,
Barr V, Essen Trades Council, So n, j.
Eq. 10l, 1t IL this right that furnishes
the basis Of the Jurisdiction In the or
binary case Of unfair competition.
The question whether one who has
gathered general Information or news
"a E.I .a -.l ..ta IAr to-. V..,, 80
The news scimitar. (Memphis, Tenn.) 1907-1926, 1918-12-30

social duties before the first of the year.
The cabinet Wednesdays" when
each woman OF the cabinet was at home
to all corners, were discontinued during
the war, but a substitute for these
seems to be gaining favor. one woman
will e out cards and several OF the
cabinet women viii receive With her
and the mex time another viii AXE her
turn, At the last one Mrs. David f..
eses.
The news scimitar. (Memphis, Tenn.) 1907-1926, 1918-12-30
Cases Cited.

Board Of Trade v, Christie Grain
and Stock company, 1893 L. S., 236, $50,
related to the distribution Of quotations
OF prices on dealings upon a board or
trade, which were collected by plaint-
m and communicated on confidential
terms to numerous persons under a
contract not to make them public, This
court held that, apart from certain Spe-
cial objections that were oVerruled,
plaintiffs collection Of quotations was
entitled to the protection Of the law,
that, Hike n trade secret, plaintiff might
keep to itself he work done at its eN-
pense, and did not lose It's right by
communicating the results TO persons,
even II many, VA confidential relations
to itself, under II contract not to make
II public. and strangers should be re-
strained from getting at the knowledge
by inducing a breach Of trust,
'In National Tel. News company v,
Western Union Tel, company, llp Fed.
Rep. 29+, the circuit court OF appeals
for the Seventh circuit court dealt with
news matter gathered and transmitted
by a telegraph company, and consisting
merely OF a notation OF current events
having but a transient value due to
quick transmission and distribution;
and, while declaring that this was not
copyrightable although printed OF a
tape by tickcrs in the office Of the re-
cipients, and that II was Il commercial
not u HleIATy pTOuuCt, nevertheless nelu
the business Of gathering and commune
eating the news--the service of purvey-
ing twas a legitimate business, meet
ing a distinctive commercial want and
adding to the facilities of the business
world, and p%artaking of the nature Of
property in n sense that entitled II to
the protection Of a court OF equity
against piracy,
Other cases are cited, but none that
we deem 1t necessary TO mention.
Not only do the acquisition and
transmission Of news require elaborate
organization and a large expenditure Of
money, skill and effort, not only has
1t an exchange value to the Ratherer,
dependent chiefly upon its novelty and
freshness, the regularity Of the service,
its reputed and ~thoroughuess and It's
adaptabtlity to the puluio needs, but
also as IL evident, the new has an OK
change value to one who can misappro-
priate II.
The news scimitar. (Memphis, Tenn.) 1907-1926, 1918-12-30
HUNS STILL WRITE
HYMNS Of HATE"

LONDON, Dec, 80. Correspondence
Of the Associated ess.)-Fragments
obtained Of the latest output of Ger
man songs and poems of the war are
shown through and livid, as were their
~forerunners. with hate.
Nov burn, Q hate. flame forth!
For we have loved too long,
Hate is no sin, or II it is,
God pardon us the wrong"
The news scimitar. (Memphis, Tenn.) 1907-1926, 1918-12-30

so burn. O hate, flame forth,
Burn even in deaths house.
II ever hate should prove a sin,
Sin be Gods law to us"
Ashland tidings. [volume] (Ashland, Or.) 1876-1919, 1918-01-21
FOOD ADMINISTRATION
SAYS To SAVE FAT

Save pound Of waste fats in your
kitchen and trade it in for cake of
soap at your grocer's."
This is the latest conservation bull
letin issued to Oregon housewives by
Federal Food Administrator w. B.
Aver, who has given a splendid i'm
petus to the national save the soap
drive" by devising unique and prac-
tical plan of cooperative conserva-
tion by soap manufacturers, retailers
and housewives, that will, undoubted-
ly, he followed by many other states.
The other day Mr.. Aver called in
a number of leading soap manufac-
turers. some expert chemists, Off
cials having in charge the collection
and disposal Of. garbage, and Miss
Ava B. Milan, dean of home econom-
les at Oregon Agricultural College
and the food administrators director
of domestic science for Oregon The
soap business and all it's angles and
particularly in its relation to waste
from the family kitchen, was thresh-
ed out in detail, and when the con-
ference was over the food admins
traitor was able to announce that any
housewife who would save a pound
of soap fat can now convert it into
pound of soap by the simple form
ula of taking it to the corner grocery
and swapping it. Incidentally she
serves her country in four distinct
ways, viz: BY saving fats, the world
shortage of which must be made up
by the United States; by assisting to
Ashland tidings. [volume] (Ashland, Or.) 1876-1919, 1918-01-21
Stamp Campaign
Making Good Gains

In the stamps campaign Clatsop
still leads in the sale of thrift stamps
and war savings stamps in the state
outside of Multnomah county. Clat-
sop's total for January to date is
$1,062.50, with grand total sales of
$7,O05.47, Marion county is next
with grand total of S5,73S.92 and
total for January to date of $1,697.-
so. Yamhill county leads in sales for
January so far with sales amounting
to S1,699, being in third place with
total sales reaching $5,41O.64.
Clackamas is second for the month
with 81 615.94 and grand total of
$5,162.0S. Other counties are re-
ported as follows, for January sales
and total sales, respectively: Baker,
1898, s2,963; Umatilla, $615.90,
$9,5O4.7O; Douglas, $526.4O, $4,-
1857; Jackson, s562.79, $2,7S4.46;
Josephine, $6SS.S6, 81 96O.62; Lane,
total sales, $4,1SO.1S; Washington,
$1,SO735, $4,54O.SS. Multnomah's
fatal for the month is $29,O92.12,
with a grand total of $141,412.42.
Ashland tidings. [volume] (Ashland, Or.) 1876-1919, 1918-01-21
DIR. FOSTER LEAVES
FOR TOUR IN EAST

President Foster of Reed College,
who made favorable impression
when he lectured in Ashland some
time ago in the interests of the Red
Cross, has started on lecture tour
in the east. He will make addresses
under the auspices of the American
Red Cross and the National Chamber
of Commerce at Chicago, Milwaukee,
Detroit, Buffalo, New York Boston,
Washington and other cities. He
made an address January 10 at the
annual convention of American Col
leges at Chicago and spoke January
16 at the University of Michigan. On
his return trip he will meet a series
of engagements in Montana at Bill
lings, Bozeman, Helena, Great Falls,
Butte and Missoula, reaching Port
land again about February Is. Since
his return from France in the latter
part of October President Foster has
addressed American Red Cross meet
ings with an aggregate attendance of
about $1,000.
Ashland tidings. [volume] (Ashland, Or.) 1876-1919, 1918-01-21
WEEKLY REPORT
OF STOCK MARKET

The weeks opening market at
North Portland showed an extremely
light delivery, offering, however, a
portion of the best quality, and that
especially in the cattle market, that
has been shown on the local market
for some weeks past.
In the hog market conditions were
steady to strong-that is to say, the
market was active, with a larger per
cent of the offerings passing the
scales at the top OF the quotations
than had been shown in the previous
weeks market.
The sheep market continues steady
with the bulk of sales at the top end
of the quotations and very light Of
ferings coming forward, which are
just about balanced by the demand.
The demand for breeding ewes con-
tinues very active with a comparative
ly small supply.
Ashland tidings. [volume] (Ashland, Or.) 1876-1919, 1918-01-21

]. w. Pierpont, well-known mill
man of Hornbrook, was in Yreka on
business Monday. While in town he
said the mining districts in the vicin-
ity of Hornbrook are experiencing
much activity. Until recently he was
employed at the Black Jack or Ranch
erie mine. He said the owners of
that mine have valuable property
and it is bringing them big returns,
says the Yreka News. Mr.. Pierpont
has accepted position at the Jillson
mine as mill man and commenced
work this week. The Jillson mine,
operated by a San Francisco COM
pany, is one Of Siskiyou county's
largest producers. 1t is equipped
with up-to-date machinery and ex-
pense has not been spared to put
everything in shape for active opera
ton. A new compressor was deliv-
cred at the mine on Monday.
Ashland tidings. [volume] (Ashland, Or.) 1876-1919, 1918-01-21
Government Has
Many Positions

The United States Civil Service
Commission announces that open
competitive examinations will be held
at once for the positions of foreman,
sawyer (band), saw filler (band),
grader stationary engineer, electrical
engineer, machinist, blacksmith, and
oiler for employment in the cut-up
plant of the Spruce Production Signal
Corps, War Department, at Vancou-
yer Barracks, Washington. Standard
wages will be paid for all OF the posi-
tions for which examinations have
been announced.
It is desired to secure men who
have had experience in large lumber
mills and who are not working on
government contracts. Thoroughly
experienced lumber mill men who
have had experience in any OF the
above mentioned are urged to apply
at once to the secretary of the Elev-
enth U. S. Civil Service District, room
3O3, Postoffice building, or to the
local secretary Board of Civil Service
Examiners, at any postofflce in the
states of Oregon, Washington, Mon
tana, Idaho and Wyoming, for appli-
cation form 1900, which should be
promptly filed with the district sec
retary at Seattle, Wash.
Ashland tidings. [volume] (Ashland, Or.) 1876-1919, 1918-01-21

recover, in the process of soap max
ing, seven to nine pounds of glycerine
in every one hundred pounds of fat
for the manufacture of Uncle Sam s
munitions; by patronizing home in
dustry, whose product is greatly
needed throughout the world; and by
saving car space, which is so urgently
! needed to move troops and govern
ment supplies.
The cake OF soap which will be
given in exchange for pound of fat
will be of various brands, all made in
Oregon, the white soap to weigh
eight ounces and the brown ten
ounces. The fat must be tried out
and strained free from rinds or other
solids and be taken to the retailer in
tin can OF other container.
Let every Oregon family begin to
save soap fats now" says Mr.. Aver.
The soap manufacturers will make
this exchange anywhere in the state,
and every retailer will have his in
structions within the next few days
from the soap manufacturers. hope
for splendid results from this plan. "
Housewives in some localities may
be able to dispose OF their higher
grade of fats for cash. "At any rate, :"
says Mr.. Aver, "and whether the
saved fats prove profitable or not,
from a monetary standpoint, the
thing is to save the fats. If all Ore
gon housewives will do so, the aggre-
gate prevention of waste would be
very substantial and of real impor-
tance in the general conservation
scheme"
Ashland tidings. [volume] (Ashland, Or.) 1876-1919, 1918-01-21
American Red Cross
To Help In Italy
(From Bureau of Publicity, N. W
Division, American Red Crosse

(From Bureau of Publicity, N. w.
Division, American Red Crosse
Washington, d. c., Jan. 1s.-The
Red Cross war council has appropri-
ated s4,771 $50 for activities of the
American Red Cross in Italy from
November /, 1917, to May /, 1918.
These appropriations are based upon
cabled recommendations embodying
results of observation and inquiry by
Major Grayson NJ. P. Murphy, Red
Cross commissioner to Europe, and
also by the permanent operating COM
mission which has arrived in Italy,
headed by Robert II. Perkins of New
York The Red Cross activities in
Italy were undertaken upon large
scale after receipt November 2 of
cablegram from Ambassador Page to
the effect that help was needed in
stantly. Major Murphy was asked to
go to Italy. He reports by cable:
when we reached Italy refugees
in a pitiful condition were streaming
down from the north, Indescribably
pathetic conditions existed, involving
the separation of the mother and
children, and cold, hunger, disease
and death. The unexpected military
reverse had stunned the nation. If
ever evidence of friendship and conf
dence were welcome to a country it
was in those days before the Piave
line was established. Fortunately
the Red Cross was in position not
only to respond immediately to the
call of the suffering, but also to carry
the message of the American people
TO Italy in the hour of her distress,
working in conjunction with our own
state department and the Italian gov
ernment, which received us most
eagerly in the spirit in which we
came. We used every available means
of supply and distribution to assist
the ally of our country"
In November and December the
American Red Cross put at the dis
posal of its temporary commission for
work in Italy $2.9SS,464. This
amount has been used mostly for
emergency military and civilian re-
lief and for formation of a contin-
gent relief fund. Foreign includes
$1,0SS,S56 for purchase in this coun-
try of foodstuffs. medical supplies
and blankets, and $4O7 sos for surgi-