davidaulloa/AmericanStories huggingface dataset:
The Birmingham age-herald., 1918-12-24
At the Lyric

The new Keith bill presented at the Lyric Monday evening to capacity audi ences is featured with noval and high class attractions.
 From the moment the DeBourg Sis- ters start the entertainment with their clever magic and illusion until the Three Maxim Girls close the performance the audience is being highly entertained.
 Arthur Stone, one of the cleverest of rube comedians; Jean Boydell, an entertainer new to Birmingham, and the Maxwell Quintet run one another close for popular favor
 Jean Boydell is a mere girl and Is making her debut in Birmingham She has a most fascinating manner and her eccentric mannerisms make her an im- mediate favorite.
 Arthur Stone is an old Birmingham favorite and as an unsophisticated small town guy visiting a carnival fur nishes fun galore and keeps the audi ence in an uproar. His partner, Miss Hayes proves an able assistant The Maxwell Quintet present most pleasing song number, interspersed with comedy. The individual members pSssess excellent voices, the ensemble numbers, however, being especially good The DeBourg Sisters. known as those foolish French tricksters, in mystify and entertain with their many
 The Three Maxim Girls juggle many things in many ways. They are known as ambidextrous jugglers. News pie lures show American soldiers on their way to Germany. A special matinee will be held Christmas day.
The Birmingham age-herald., 1918-12-24
K|WAN|ANS WILL HAVE CHRISTMAS
 TREE LUNCHEON
Plenty of Fun to Follow the Election of Officers To- day at Tutwiler
 Hotel

Kiwanians are going to have a Christmas tree today when they as- semble for their regular weekly luncheon at the Tutwiler at o'clock and there is going to be great fun some serious mements-and to cap the climax. officers will be elected for the coming year.
 The man who will act Santa Claus is the original Santa Claus in size, and he won't have to pad his stomach to get away with old Santa Claus fig ure He will be on the job, and ev- cry Kiwanian who has been good dur ing the year just closing may look forward to being remembered. Every member will be therefor Christmas Eve Day luncheon is a meeting that no one will miss-business regard less.
 The ticket in the field has been named by the nominating committee, and there is no telling but what an- other one will be launched from the floor, as this is not only in order, bue highly probable in view of the many good men in the club for the of- fices to be filled.
 J. Mercer Barnett is in nomination for president; Col. T. o. Smith, for first vice president; R. A. Porter, sec ond vice president; Jeff Bailey, sec retary; A. J. Arrant, treasurer, and the following for directors:
 M s. Barnwell, James L. Davidson, Winnie A Currie, Joe H. Loveman and w. " Trammell. MT. Barnwell. MT Currie and MT. Loveman are hold overs, while MT. Davidson and MT. Trammell, who was formerly secre- tary, are new proposals.
The Birmingham age-herald., 1918-12-24
Puckett Resigns From
 Civil Service Board

According to an announcement made yesterday James c. Puckett, who has been secretary of the civil service board for several months, has resigned his po- sition to accept that of foreman of car riers in the local office.
 Mr. Puckett will be succeeded as sec retary of the civil service board by All bert Guyton, who has been appointed to fill the vacancy by G. E. Adams, district secretary and will begin at once on his new duties. In accepting the resignation of MT. Puckett. Mir. Adams commended him for efficient work while in office
The Birmingham age-herald., 1918-12-24

stance, from bulletins issued by the complainant or any of it's members or from editions of their newspapers, fun- til its commercial value as news to the complainant and all of it's mem- bers has passed away The part com plained of is the clause we have itali- cized; but if this be indefinite, it is no more so than the criticism. Perhaps it would be better that the terms of the injunction be made specific and so framed as to confine the restraint to an extent consistent with the reasonable protection of complainant's newspapers, each in it's own area and for a specified time after it's publication, against the competitive use of pirated news by de- fendant's customers. But the case pre- sents practical difficulties, and we have not the materials, either in the way of 9 definite suggestion of amendment, or in the way of proofs. upon which to frame a specific injunction; hence, while not expressing approval of the form adopted by the district court, we decline to modify it at this preliminary stage of the case, and will leave that court to deal with the matter upon ap- propriate application made to it for the purpose"
The Birmingham age-herald., 1918-12-24
Continued From Page oneo

tain news before publication, and third. by copying news from bulletin boards and from early editions of complainant's newspapers and selling this, either bodily or after rewriting it, to defendants cus- toners.
 The district court, upon consideration of the bill and answer, with voluminous affidavits on both sides, granted pre- liminary injunction under the first and second heads; but refused at that stage to restrain the systematic practice ad- mittedly pursued by defendant, of talk ing news bodily from the bulletin boards and early editions of complainant's news papers and selling 1t as it's own. The court expressed itself as satisfied that this practice amounted to unfair trade, but as the legal question was one of first impression it considered that the allowance of an injunction should await the outcome Of an appeal. 240 fed. rep. 9SS, 996, Both parties having appealed, the circuit court of appeals sustained the injunction order so far as it went, and upon complainant's appeal modified it and remanded the cause with directions to issue an injunction also against any bodily taking of the words or substance of complainant's news until its conner cial value as news had passed away. 24o fed. rep. PA, 253 The present writ of certiorari was then allowed. 245 U. s.
The Birmingham age-herald., 1918-12-24
EXACT LOCATION OF Al U. s. DIVISIONS IN FRANCE ANNOUNCED
Changes in Commanding Of ficers Also Made Public by War Department State
 ment Yesterday

Washington. December 23.-The ex- act location of S5 combat divisions and six depot divisions of the American army in France, Germany and Lux emburg, as they were stationed on No- vember 2S, was announced today by the war department. Changes in com manding officers were shown as fol. lows:
 First division, Maj. Gen. E. F. Mc- Clachin; Third. General Howze Twen- ty-sixth, Hale; Thirty-second, Lassiter; Thirty y-fourth Rhodes (from Forty second); Forty y-second, Flagler; Eighth ieth, Sturgis; Eighty-sixth, Ballou (from Ninety -second); Ninetieth, Lyon (from Thirty first); Ninety second Martin (from Eighty -sixth).
 The Thirty-first, Thirty eighth, Eighty-fourth and Eighty-seventh di- visions are temporarily without regu- lariy detailed commanders.
 Following are the locations:
 First division, Canach, Luxembul Second, Modernach. Inxemburg; Third. Remich Luxemburg; Fourth, Nayange Germany; Fifth. Longeuyon, France; Sixth, Ancerviller; Seventh. Euvcin; Twenty-sixth, Montigny-L Le~ Roi Twenty seventh, Corbie; Twenty llEIttH f1SuQlcOurC, twenty nm l1, Bourbonne -1es-Bains; Thirtieth, Le- mans; Thirty-second, Consdorf, Lux emburg; Thirty third, Troyon; Thirty-fourth, Lemans; Thirtyfitth Lera uville; Thirty-sixth, Tronchoy; Thirty-seventh, oosteroosbel1e, Belgium Thirty-eigth, Lemans; Forty second, Mersch, Luxemburg; Seventh-seventh. Lesvignettes; Seventy y-eighth, Semur; Seventy-ninth, Vackerauville; Eightieth, A,N, I-;- q, Eighty-second, Prauthoy; Eighty fourth, Lemans; Eightysixth, Lemans; Eighty seventh, Foulain; Eighty-eighth, Lagny; Eighty-ninth, Dampicourt; Ninetieth, Marville; Ninety first, Denterghem, Bel gium; Ninety-second, Marbache.
 Depot divisions: Forty first, St. Aig- nan; Eightythird, Lemans; Seventy sixth, St. Nazaire Eighty-ffth, Foul; Eighty-ninth, St Florent Fortieth. Reyisny
The Birmingham age-herald., 1918-12-24
PHOTOPLAYS
"Ont There"-Jefferson

The seat sale for Out There,y the wonderful victory comedy which will be the attraction at the Jefferson thea tre Christmas Day, with a matinee and two performances the following day, has broken all records at the Jefferson theatre, but there are still few choice seats left The combination of the holiday with five of the greatest stars in America proved the attraction. "Out There,' in the four performances here, is expected to break all records for a theatrical attraction. It has the highest
The Birmingham age-herald., 1918-12-24
At Loew's Biiou

Loews Bijou is offering an all-star vaudeville programme for the first half of the week to continue through Christi mas Day. The bill is one of singing, dancing, character and descriptive melo- dies, animal versatility, and bright mo- ments from musical comedy, augmented by an excellent photopay, in which Peggy Hyland stars, entitled, Caught in the Act
 Billy Bowman proves very entertain- ing person in her cycle of character studies and descriptive melodies, and re- ceives liberal applause. Wastika, as- sisted by her understudy, offer very novel act in the nature of marvellous exhibition of animal versatility, two trained seals doing really human things, and the audience liked it fine. Payton and Hickey in their skit, "The Fox Hunter,' produced plenty of hilarity and comedy.
 - Charles and Grace Lindon were clever in their act, which is a bright spot on the bill. They deal principally in musical comedy selections, and their work was we'll received. Eckoff and Gordon proved to be the original musical laugh makers and there was not a dull moment while they were before the footlights. They had plenty of pep and furnished a splen- did addition to the bill. The Current Events and Weekly News features on the movie programme were heartily en- loved by the entire audience.
The Birmingham age-herald., 1918-12-24
A. P. HAS CLEAN HANDS

'sThe doctrine of unclean hands is invoked as a bar to relief; it being in- sisted that defandant's practices against which complainant seeks an injunction are not different from the practice attributed to complainant of utilizing defendants news published by It's subscribers At this point it becomes necessary to consider dis tinction that is drawn by complain ant. and. as we understand it, was recognized by defendant also in the submission of proofs in the district court. between two kinds of use that may be made by one news agency of news taken from the bulletins and newspapers of the other.
 The first is the bodily application of a statement of fact or news article. with or without rewriting. but without independent investment or other ex- pense. This form of pirating was found by both courts to have been pursued by defendant systematically with respect to complainant's news, and against 1t the circuit court of ap- peals granted an injunction This practice complainant denies having. pursued, and the denial was sustained by the finding of the district court It Is not contended by defendant that the finding can be set aside, upon tho proofs as they now stand The oth- CT use is to take the news of a rival and if verified by independent inves- tigation the news thus gathered is sold. This practice. complainant ad- mits, that it has pursued and still is willing that defendant shall employ
 "Roth courts held that complainant could not be debarred on the ground of unciean hands upon the score of pi-
The Birmingham age-herald., 1918-12-24
ADJUSTMENTS
THEATRES

Lyric-Keith vaudeville and photo weekly.
 Loew's Bijou-vaudeville. photo drama and weekly.
 PHOTOPLAYS Rialto-Norma Talmage in 'The Heart of Wetona."
 Colonia1-Louise Huff and Creighton Hale in '"The Old Homestead" Strand-Dorothy Dalton in Quick sand"
 Trianon-Constange Talmage in "A Ladys Name"
 Alcazar-Gaby Deslys in "Infatua- tion."
 Odeon One-'Mutt and Jeff," Keystone comedy, and Pathe drama. Princess-Douglas Fairbanks in American Autocracy."
 Oden Two-"The Iron Test" episode No. I; "The Noose;" Roscoe Arbuckle in t'The Sheriff."
The Birmingham age-herald., 1918-12-24
Card of Thanks

As we do not know the addresses oi the many good people who wereAso kind and loving to our daughter, Alberta M lowers, during her last illness, we take this method of conveying to them our gratitude and heartfelt thanks. May God bless each one of them.
 MIR AND MRS. J. M. LOWERS.
The Birmingham age-herald., 1918-12-24
CLAUSE INDEFINITE

There is some criticism of the in- junction that was directed by the dis trict court upon the going down of the mandate from the circuit court of appeals In brief, it restrains any talk ing or gainfully using of the complain ants news, either bodily or in sub
The Birmingham age-herald., 1918-12-24
THE WEATHER
Weather Forecast

Washington. December 2S.-Weather forecast for Alabama: Rain Tuesday, temperature probably below freezing in south; Wednesday fair; much colder
 Mississippi: Rain and colder Tuesday, much colder at night with cold wave: Wednesday, fair, colder in southeast.
 Storm warnings are displayed on the gulf coast from Brownsville, Tex, to Cedar Keys the bureau announced to- night.
The Birmingham age-herald., 1918-12-24

Capt Sterling A. Wood, Jr., of the reg ular army, stationed at Camp Meade, is spending the holidays with his parents.
The Birmingham age-herald., 1918-12-24
PERSONAL

Mrs. James Hillhouse, Sr., and Harry c. Hillhouse, her youngest son, are much improved from severe attacks of influenza.
The Birmingham age-herald., 1918-12-24
l!llE:Ea Tone
THE GREAT HEALTH BUILDER

Are you suffering from overwork and worryf Feel weak, nervous, and all run down, have no appetite, thin watery blood and poor circulation3 fNuga-Tone is just grand medicine for en- riching the blood and building up nerve force l It tones up the stomach, liver and bowels makes the bowels move easy and regular and gives you wonderful appetite Alter using it just few days you'll wake up every morning feeling fine. Nalarial people should use Nuga-T Tone
The Birmingham age-herald., 1918-12-24
DRUGGISTS GUARANTEE Nuea-ToNE

It costs S1.O0---Iasts whole month Get n bOttlc-Use it 20 days and if su nre not benefited, take the remainder of the package back to the druggist and get your money back. For sale by Norton Drug Co. and other good drug stores. Try 1t.
The Birmingham age-herald., 1918-12-24
ONLY MATTER ARGUED

The only matter that has been argued before us Is whether defendant may lawfully be restrained from appropri : ating news taken from bulletins issued by complainant or any of it's members or from newspapers published by them, for the purpose of selling it to defendants g clients Complainant asserts that de- fendant's admitted course of conduct in this regard both violates complainant g property right in the news and consti- tutes unfair competition in business And notwithstanding the case has proceeded only to the stage of a preliminary in Junction, we have deemed it proper to consider the underlying questions since they go to the very merits of the action and are presented upon facts that are not in dispute. As presented in argument, these questions are: First whether there is any property in news; second, whether if there be property in news collected for the purpose of being published, it sur
 wives the instant of its publication in the first newspaper to which it is com
 municated by the news gatherers, and
 third whether defendants admitted
 course of conduct in appropriating for
 commercial use matter taken from bulle-
 tins or early editions of Associated Press
 publications constitutes unfair compe-
 tion in trade
 '"The federal jurisdiction was invoke
 because of diversity of citizenship, not
 upon the ground that the suit arose un-
 der the copyright or other laws of the
 United States. Complaints news matter is not copyrighted It is said that it
 could not, in practice. be copyrighted
 because of the large number of dis patches that are sent daily; and ac-
 cordlng to complainant's contention,
 news Is not within the operation of the copyright act, Defendant, while appar-
 ently conceding this, nevertheless in
 vokes the analogies of the law of lit
 erary property and copyright, insisting as it's principal contention, assuring com plainant has right of property in it's
 news, it can be maintained (unless the copyright act can be compiled with) only by being kept secret and confidential, and that upon the publication with com plainant's consent of uncopyrighted news by any of compiainants members in a newspaper or upon bulletin board, the right of property is lost, and the sub sequent use of the news by the public or by defendant for any purpose what SoeVer becomes lawful
The Birmingham age-herald., 1918-12-24

paid artists ever seen here, among the stars being Amelia Bingham, Thomas w. Ross, Frederick Warde, Mary Shaw
 and Pauline Lord. The play set the east wild and it has enjoyed an un- | equaled run in the west.
The Birmingham age-herald., 1918-12-24
Local Data

For the 24 hours ending at p. m, December 2, 1918:
 Highest temperature ............ 64 Liwest temperature ........... 45 M can temperature/.. ....... 54 Normal temperature .............. 4s Excess in temperature since Jam
 uary 1 ................... 1.15 Rainfall ....-..,........... .00 Excess in rainfall since Jan. 1..12s4 Relative humidity, a. m. ........ 91
 12 noon R
 p. m. ............. 61
The Birmingham age-herald., 1918-12-24
NO RIGHT TO MONOPOLY

''It is to be observed that the view we adopt does not result in giving to com piainahtS the right to monopolize the
 gathering or the distribution of the news,
 or, without complying with the copy right act, to prevent the reproduction of it's news articles; but only postpones
 participation by complainants compe. titor in the processes of distribution and reproduction of news that it has not gathered and only to the extent neces sary to prevent that competitor from reaping the fruits of complainant.s eff forts and expenditures, to the partial ex- clusion of complainant and in violation of the pronciple that underlies the
 maxim sic utere tuo, etc.
 Tt is said that the clements of unfair competition are lacking, because there is not attempt by defendant to palm off it's goods as those of complainant, char acteristic of the most familiar if not the most typical, cases of unfair competi. tors. Howe Scale company vs Wyckoff Seamans & Co.,, 198, U. S.. 11S 14O. But we concede that the right to equitable relief is confined to that class of cases In the present case the fraud upon com plalnant's rights is more direct and ob vious. Regarding news matter as the
 mere material from which these two competing parties are endeavoring to | make money and treating it. therefore, as quasi property for the purpose ot l their business because they are both selling it as such, defendants conduct differs from the ordinary case of unfair | competition in trade principally in this, that instead of selling it's own goods as those of complainant, 1t substitutes mis- appropriation in the place of mfsrepre- sentation, and seels complainant's goods as it's own.
 Besides the misrepresentation, there are elements of imitation, of false pre- l tense, in defendants practices. The de- vice of rewriting complainant's news ar- ticles, frequently resorted to. carrier it's own comment. The habitual failure to give credit to complainant for that which is takensis significant. Indeed, the entire system of appropriating complainant's
 news and transmitting Is as commercial product to defendants clients and pa irons amounts to a false representation to them and to their newspaper readers that the news transmitted is the re- suit of defendants own investigation in the field. But these elements actuating the wrong, are not the essence of 1t. It Is something more than the advan- tage of celebrity of which complainant Is being deprived.
 D HAC CIEAN uANnC
The Birmingham age-herald., 1918-12-24

CLAIM RIGHT TO PIRATE" Defendant insists, when with the sane tion and approval or complainant. and as the result of the use of it's news for
 the very purpose for which 1t is dis tributed. portion of complainant's mem bers communicate it to the general public by posting it upon bulletin boards so that all may read, or by issuing it to
 newspapers and distributing it indscrim- inately. complainant no longer has the
 right to control the use to be made of it; that when 1t thus reaches the light
 of day, it becomes the common possess
 sion of all to whom it is accessible and
 that any purchaser of newspaper has the right to communicate the intelligence
 which it contains to anybody and for any
 purpose, even for the purpose of selling
 1t for profit to newspapers published for
 profit in competition with complainant's members.
 AThe fault in the reasoning lies in applying as a test the right of the complainant as against the public, in
 newspaper to spread knowledge of it's
The Covington leader. (Covington, Tenn.) 18??-current, 1918-09-12
FOWLKEs-FYFE

Walter A, Fowlkes, a prominent
young business man Of this city, and
d member of the drug firm Of Bait
ger & Fowlkes, who formerly resided
in Newbern, was married to Miss Ella
Fyfe, the daughter Of Mrs. Ellen
Fyfe, at the residence Of the brides
mother on South College street at
2 o'clock Wednesday afternoon, the
ceremony being performed by DR..
r.. r. Walker. pastor of the First
Presbyterian Church.
Only limited number Of the inn
mediate relatives and friends Of the
young couple were present to witness
the impressive ceremony which made
them man and wife,
The bride is member of one OF
the county's most prominent families,
and is young lady Of most estima-
Bile character and manners. The
groom is popular and worthy mem
Der of local society, and bids fair to
become one Of the most influential
business men of the county.
Immediately after the ceremony
the young people, accompanied by
4 few friends, motored to Memphis
I'd visit friends there.
The Covington leader. (Covington, Tenn.) 18??-current, 1918-09-12
DECLARES COURT VOID

Willie Albritton, Jim Blackwell,
and Arthur Hall, negroes who were
convicted in the criminal court Of
this county some time ago for trans
porting liquor, and whose cases were
appealed to the supreme court Of the
state, and affirmed by that court at
it's last session, the penalty Of which
was fixed at six months each u the
county workhouse, sued writs OF ha-
beas corpus through their attorneys,
Tipton & Roy, on Thursday Of last
week before Judge Jacob $. Galloway,
If Memphis. The writs were grant
ed in each Of the cases. the court
holding that Chapter 563 Of the Pri-
waite Acts 1917, creating the special
criminal court Of Upton county. was
void: and for this reason the release
of the prisoners was ordered. Ihey
were discharged from custody on that
date. The decision in these cases Is
81 far-reaching Importance to the
people Of Upton county.
The Covington leader. (Covington, Tenn.) 18??-current, 1918-09-12
PULLEN'S COMEDIANS $500,
REMAIN OVER THIS WEEK

pullen,s Comedians, the repertoire
tent show which stopped IN TINS Guy
last week, encountered inclement
weather during the early part q me
week. The houses improved during
the latter DAYS, however, and on sat
urday night they played to capacity
house. ~
The management announced tnat
IN account Of the inclement weather,
they had decided to remain over here
for another week, inasmuch as tfley
propose to make our city one Of their
annual engagements, and needed more
time to become acquainted.
The troupe has been rendering some
verv entertaining comedy dramas, and
On Wednesday night gave the noted
society drama. "Why Women SIN
THE shows are clean throughout, and
al 4 whole are very entertaining.
Covington people are theare-goerEs-
This however has been proven by the
large attendance at each performance
since Friday night Of last week, the
company playing to crowded houses
every night. e.
MT. Pullen, leading man, and Miss
Gibbs leading lady. show considerable
lclass IN some of the plays; while Mr.
LELAND as comedian, keeps the au-
ldience well stimulated with his funny
Savings. Mrs.Leland and Miss Bron'
son divide the honors as villains
which they handle well Miss Bette
Hendrix, Ralph Pullen and Mr.. LELAND
come in for their share of applause