davidaulloa/AmericanStories huggingface dataset:
Bisbee daily review., 1918-12-24

pense of gathering the news. The transaction speaks for itself, and g court of equity ought not to hesitate long in characterizing it as unfair
 competition in business"
 Declines to Modify. In regard to objections that the dis { trict court failed to be specific in de, fining when the commercial value of news to the complainant and all its members has passed away" the court said while not expressing approval of the form adopted by the district court it declined to modify it>at this stage, leaving the lower court to deal with the matter.
 History of Proceedings.
 The Associated Press brought pro- ceedings in this case last January, charging that after being expelled from England, Canada and France, the International News Service had been pilfering and selling to its GUS toners the news gathered by the As sociated Press at great expense for it's members. The federal district court of New York granted injunctiOns against the bribery of employees and the inducing of Associated Press papers to furnish news, but refused to restrain the admitted practice of the defendant in systematically pirating news from bulletin boards and early editions on the ground that while the court was satisfied this practice to unfair trade, the legal question was one of first importance and an injunction should await the of an appeal Both parties and the circuit court of ap- peals not only sustained the injunc ton order issued, but remanded the case with directions to issue an in junction also against any bodily talk ing of words or substance of com plainant's news until its commercial value of news has passed away"
 lniunctions Are Temporary.
 The injunctions as granted tech 1 nically are temporary, but they remain in effect unless and until dissolved. | If the International News Service de | sires to proceed further it may go into the district court with a motion | .o dissolve and ask that the case be | leard on its merits. As virtually all | essential facts were admitted in the preliminary proceedings there would be little for the court to hear if ,urther proceedings were undertaken.
 Printed copies of the majority opinion and those of Justices Holmes md McKenna were made public soon liter they were delivered.
 Justice Brandeis delivered an ab- tract of his opinion from the bench, ut through a misunderstanding with he printer he was unable to give out he text.
 Text of Opinion.
Bisbee daily review., 1918-12-24

argued before us is whether defend ant may lawfully be restrained from | appropriating news taken from bul
 letins issued by complainant or any of its members, or from newspapers ! published by them for the purpose of selling it to defendants clients Com. plainant asserts that defendants ad. mitted course of conduct in this re- gard both violates cOmplainants prop erty right in the news and constitutes
 unfair competition in business, and
 notwithstanding the case has proceed
 ed only to the stage of a preliminary injunction, 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 pre-
 sented in argument, these questions
 are: Whether there is any prop
 erty in news; 2-Whether, if there be
 property in news collected for the pur-
 pose of being published, it survives
 the instant of its publication in the
 first newspaper to which it is com
 municated by the news gatherer; and,
 9 - Whether defendants admitted
 course of conduct in appropriatihg for
 commercial use matter taken from
 bulletins or early editions of AsSpciat- ed Press publications constitutes un- fair competition in trade.
 ''The federal jurisdiction was in- voked because of diversity of citizen ship, not upon the ground that the suit arose under the copyright or other laws Of the United States
 The associate opinion of Justice Holmes in which Justice McKenna concurred. follows in part:
 Fresh news is got only by enter prise and expense. To produce such news, as it is produced by defendant, represents by implication that it has been acquired by the defendants en- terprise and at its expense. When it comes from one of the great news col lecting agencies like the Associated Press, the source generally is indi- cated, plainly importing that credit; and that such a representation is im- piled may be inferred with some con with the unwillingness of the defendant to give the credit and tell the truth. If the plaintiff produces the news at the same time that the defendant does, the defendants pre- impliedly denies to the plain | tiff the credit of collecting the facts | and assumes that credit to the de- | If the plaintiff is later in western cities, it naturally will be to have obtained its infor- nation from the defendant The false |, hood is a little more subtle. the in jury a little more indirect, than in l ordinary cases of unfair trade, but I | think that the principle that con iemns the one condemns the other. | It is a question of how strong an in fusion of fraud is necessary to turn | } flavor into a position. The dose | seems to me strong enough here to | need a remedy from the law. But as, in my view, the only ground of com Dlaint that con be recognized without | legislation is the implied misstate- nent, it can be corrected by stating | he truth; and a suitable acknowledge | nent of the source is all the plaintiff |
Bisbee daily review., 1918-12-24
PRAYING OF NEWS HELD TO
 BE ILLEGAL

(Contlnued iron, Page One)
 edy to be applied was to grant an in junction requiring the International News to credit to the Associated Press all pirated news used within a certain number of hours after publi cation by Associated Press papers.
 It is a question of how strong an infusion of fraud necessary to turn a flavor into a poison" said Justice Holmes. "The dose seems to me to be strong enough here to need a rem edy from the law"
 Clark Is Neutral.
 With Justice White, Assistant Jus tices Day, Vandeventer and Mickey holds joined in the majority opinion delivered by Assistant Justice Pitney. It was announced that Justice Clark, a newspaper owner since long before he went on the bench, had taken no part in the case.
 The court not only sustained the contentious of the complainant, but found nothing in the proceedings to prove the International News Service charge that the Associated Press
  through having been guilty of the same practices admitted by the de- fendant Reviewing the great task of gathering and distributing news-the cost to the Associated Press amount ing to approximately $3,500,O00 an nually, assessed against its members and becoming a part of their cost of operation-the opinion discusses the argument of defendant for right to sell to its clients or customers news taken from bulletin boards or early edition newspapers and says:
 Rights Are Defined.
 The right of the purchaser of single newspaper to spread knowledge of its contents gratuitously, for any legitimate purpose not unreasonably interfering with complainant's right to make merchandise of it, may be admitted, but to transmit that news | for commercial use, in competAion l with complainant-which is what de- fendant has done, and seeks to justify | -is a very different matter. .. Stripped of all disguise, the pro- cess amounts to an unauthorized in ] reference with the normal operation of compiainants legitimate business precisely at the point where the profit is to be reaped. in order to di- vert a material portion of the profit from those who have earned that to those who have not; with special ad- vantage to defendant in the competi- tion because of the fact that it is not burdened with any part of the ex-
Bisbee daily review., 1918-12-24

follows:
 The parties are competitors in the | gathering and distribution of news
 and its publication for profit in news papers throughout the United States
 The Associated Press, which was com.
 plainant in the district court, is a co,
 operative organization, incorporated
 under the membership corporations
 law of the state of New York, its
 members being individuals who are
 either proprietOrs or representatives of about $50 daily newspapers pub
 lished in all parts of the United
 States. Complainant gathers in all
 parts of the world, by means of vari-
 ous instrumentalities of its own, by
 exchange with its members, and by
 other appropriate means, news and in telligence of current and reeelt events
 of interest to newspaper readers and
 distributes it daily to its members for publication in their papers The cost of the service, amounting approxi- mately to $3,50O,000 per annum, is as-
 sessed upon the members and be- comes a part of their costs of opera tion, to be recouped, presumably with profit, through the publication Of their several newspapers. Under complain ants bylaws each member agrees upon assuming membership that news received through compliments serv- ice is received exclusively for publica- tion in a particular newspaper, that no other use of it shall be permitted, and that no member shall furnish or permit any one in his employ or con nected with his newspaper to furnish any of complainant's news in advance of publication to any person not a member. And each member is re- quired to gather the local news of his district and supply it to the Associat- ed Press and to no one else.
 Defendant is a corporation organ ized under the laws of the state of New Jersey, whose business is the gathering and selling of news to its customers and clients, consisting of published throughout the United States, under contracts by which they pay certain amounts at { stated times for defendants service. ! It has widespread news-gathering d6CuIlcos lHc COSl Ol US OptIcllOu amounts, it is said, to more than 1 S2.O00,000 per annum, and it serves 1 about 400 newspapers located in the 1 various cities of the United States . and abroad. few of which are repre- | sented, also, in the membership of | he Associated Press.
 The bill was filed to restrain the | DiratIng of compliments news by de | ,endant in three ways: First, by l Dribing employees of newspapers pub ished by complainant's members to . furnish Associated Press news to de- iendant before publication, for trans mission by telegraph and telephont | 70 defendants clients for publication | 1y them; second, by inducing Asso- dated Press members to violate it's bylaws and permit defendant to ob- ain news before publication: and, hird, by copying news from bulletin boards and from early editions of newspapers and selli2g his either bodily or after rewriting {, to defendants customers.
 The only matter that has been
Bisbee daily review., 1918-12-24

can require. I think that within the limits recognized by the decision of the court, the defendant should be enjoined from publishing news ob- tained from the Associated Press for hours after publication by the plaintiff unless it gives express credit to the Associated Press; the number of hours and the form of acknowledgement to be settled by the district court"
Bisbee daily review., 1918-12-24
REFUSE TO ARBITRATE

CBy Review Leased Wire)
 NEW YORK, Dec. 23.-The Amalga mated Clothing Workers of America today refused the arbitration proposal made by Jacob H. Schiff, who is try, ing to adjust their differences with members of the Mems & Boys Cloth ing Manufacturers association. They offered, in turn. to submit the issues to joint board to determine ques- tions for arbitration.
Bisbee daily review., 1918-12-24

CCOntinued from Page one)
The Elbert County tribune., 1918-02-22
WORKS FOR BANK "a YEARS
Connecticut Man Believed to Be Old
est Bank Employee In the
Country.

Derby. Conn.-willlnm S. Browne,
aged eighty. believed to be one of the
oldest bank employees In the country
both in age and In point Of service, Is
still working Mt the Manufacturers
bank, where he has just celebrated the
sixty-fourth anniversary Of his employ
ment by the institution. He went to
work in the bank when he was In the
local high school and has been en-
ployed under four cashiers, two presi-
dents and innumerable directors.
The Elbert County tribune., 1918-02-22
Two and a Half Billion Dollars
Will Be Collected Under War
Revenue Act.
is CALLED THE LIBERTY TAX
Every Married Man or Head of a Fam
lily Having an Income of $4,000
Year and Every Single Man
Having an Income of ST.
900 Must File Return.

Washington.-Seven million taxpay-
ers will contribute this year, in pro-
portion to their income, to the cost of
the war. The estimated revenue to be
collected under the war revenue act of
October 3. 1917, is $500, 100000, of
which $666,000000 is in individual in
come taxes. More than 100000 per-
sons who never before have paid an
income tax will be assessed.
Liberty tax" is the designation CIV
en- the levy by Daniel c. Roper, com
missioner of internal revenue. The
title is an apt one, for the revenue to
be derived under the war revenue act
and the proceeds from the sale of the
Liberty bonds are to be used for the
I. same purpose, to feed, cLOthe and fur
nish with ammunition the American
armies. The owner of Liberty bond
IS entitled TO feel pride also in the
possession of an income tax receipt.
Many persons shared in the prosper
ity of 1917. Merchants, farmers, bust
ness and professional men and en-
ployees were beneficiaries. To insure
continuance of prosperity each must
den-a burden so distributed that
every man is assessed according to his
income. Better for the American peo-
pie to pay to their own government @
Liberty tax of S2,5O0,00O, 900 than war
indemnity to Germany of many times
that amount.
Who Must File Returns.
Now is the time to file your income
tax return.
Income tax forms may be had from
collectors of internal revenue. These
have been prepared in the simplest
form possible and with little care
and attention taxpayers should be able
to fill them out to the satisfaction of
themselves and the government
If married or the head of a family,
and your net income for 1917 was ST.
600 or more, you are required to file
with the collector of internal revenue
in the district in which you live re-
turn of your income for the calendar
year. If single and your income was
$1,000 or more you are required to
make such return. These returns
must be in the hands of collectors not
later than March 1, 1918
The normal rate of tax under the
war revenue act of October 3, 1917, is
2 per cent on incomes above the
amount of exemption, which is $1,000
in the case of married persons or heads
of families and $1,000 in the case of
single persons. The old income tax
under the act of 1916 still is In effect,
SO that the total of your tax will be
the sum of these taxes added together.
Under the act of 1916 the normal rate
of tax is per cent on incomes of mar
ried persons in excess of $1,000 and
on incomes of single persons in excess
of $1,000
For example. If you are married and
your net income for 1917 was $1,000
you will be taxed $50. This is per
cent on the amount above the exemp-
ton of $1,000 under the act of 1917 and
2 per cent on the amount above the
exemption of $4,000 under the act of
1916.
Exemption for Children.
If married or the head of a family
you are allowed an additional exemp-
tion of 5000 for each dependent child.
II under eighteen years of age or In
The Elbert County tribune., 1918-02-22
Arizona.

Sinking from the so0-level of ths
Gadsden Is under way.
Interesting mining Developments
are taking place in the Harcuvars.
Calumet and Hecla Copper Company
declared quarterly dividend Of $40
share. payable March 20.
The old silver King mine at Super
ior is expected to reopen rich lower
levels soon and be numbered among
the big shippers.
Samples of wire silver, recovered
from workings of the old Silver Butte
holdings. now known as the Thumb
Butte Consolidated Mines Company.
excited much interest in mining cir
cles In BisbeS.
The Elbert County tribune., 1918-02-22
Colorado.

After temporary shutdown work
has been resumed on the st. Law
renee property, Red mountain.
Victory oil Shale Company is a cor
poration organized to engage in the
development of the beds of oil shale
on the Western slope.
Modoc Consolidated Mines Com
pany of Cripple Creek made a two
car shipment of screenings estimated
to be worth $50 and s35 to the ton.
The Alexandra mine. an old Red
mountain property that was aban-
doned as far back as 1899 is being
worked during the present winter.
Any attempt to estimate the guam
tity Of manganiferols ore in Lead
Old slopes that are not recorded on
mine maps are continually being brok-
en- into.
President Wilson approved an
agreement reached by the War Indus
tries Board and the producers of
grade "a zinc, fixing a maximum
price of IL cents per pound (. o. b.
East st. Louis, subject 10 revision on
June /.
With the advent of the new year,
and following the equipment of the
property with an up-to-date motive
power plant. including compressor.
air drills and all other necessary ap-
pliances, the upper quartzite zone of
the Calliope mine. Bachelor district.
is now undergoing exploration on a
scale never before attempted and
with results that already justify the
installing of power drills.
The Elbert County tribune., 1918-02-22
Portable Homes for ARMY.

New York.-Hundreds of portable
houses for the American troops In
France are being built in this coun-
try. The houses are built In panels
and shipped to Europe. They are bolt.
ed together over there.
The Elbert County tribune., 1918-02-22
Wyoming.

Two wells were drilled in at Warm
Springs by the Leslie Company and
the Warm Springs Development Com
pany. The production of the six wells
brought In since last fall is rated at
COO barrels day
Indications are that the Maverick
Springs field viii be one OF the most
active this year. as los allotments
must be drilled before next October or
the buyers lose their bonuses, rental
and $1,000 bonds put up as a guaran-
tee.
The Elbert County tribune., 1918-02-22
WESTERN
MINING AND OIL
NEWS

Western Newspaper Union News sorrice.
Prices Quoted for Metals.
New York-Lead-s7.0od725.
Bar Silver-S5%c.
Copper s2s17is.
st. Louis-Spelter- &C.
Tungsten concentrates, 60
per cent. s2000M22.50 per unit
Crude ores. go per cent, s22.0o1l
$500; 25 per cent, $12o0di2.50; 15
per cent. s9.40@12.20 per unit.
The Elbert County tribune., 1918-02-22
Montana.

Butte-Superior January production
was 14,300.o00 pounds of copper and
265.000 ounces of silver.
Anaconda Copper Cornpany's Jam
uary production totaled 24,900,000
pounds of copper against 22,600, 900 In
December. The company also pro-
duced in Jan. 14,300.00O pounds OF
zinc and 265.000 ounces of silver.
The production of spelter from do
nestle ore in 1917. is estimated at
574.994 short tons. worth, at the aver
age st. Louis spot quotation, about
02,35v,vOU, anu Ine proouctlon from
foreign ore at 92,757 tons, total OF
GG7,751 tons, worth $11s,s6O, 900, COM
pared to total of 667,456 tons In 1916
(563.561 tons OF domestic origin and
104,005 tons of foreign origin, worth
$17S,s7S,000 at the average st. Louis
selling price.
The Elbert County tribune., 1918-02-22
New Mexico.


cured on 10000 acres of land in the
Capitan-Lincoln field Negotiations
are under way to secure 10000 more
Drilling will be begun within a few
weeks.
Considerable work at Mogollon is
being done along various sections OF
the Queen vein. The Socorro Minin,,
and Milling Co. are opening up the
Consolidated and Gunboat Mines
through tunnels and are also drifting
into this same section through the
700 and 1100-foot levels of the Fanny
Mine. The Oaks Co are starting a
shaft in the Clifton Tunnel under
stope from which they have been mill
Ing SIS ore. This same company is
shipping and developing the Queen
vein in the Eberle Mine 1,50O feet
further south, the last shipment mill
Ing over $11 without sorting. Peter
son and associates are developing the
same vein mile further to the south
from which good values have been
found. The Queen vein crops strong
ly for several miles in length and
varies in width from 10 to 30 feet.
Extensive development work is
planned for this vein during the
present year.
The Dayton forum. [volume] (Dayton, Ohio) 1913-1949, 1918-09-20
TO ENTERTAIN
EMANCIPATION CROWD
AT MEMORIAL HALL

Messrs. John i. Thomas and Rey-
mold Jackson have secured Memorial
Hall for afternoon and evening Of
Emancipation Day for the entertain
ment Of large number Of visitors
who viii be in the city, as well as
Daytonians. Immediately after the
program ends at the fair grounds the
hall will be opened TO the general pub
lie. Moving pictures will be shown
from 500 to 7:30. The pictures will
be educational as well as entertaining.
From S. D. m. until 1900 the grand
F,nancipation dance will take place.
Music will be furnished by the famous
Jackson and 1'oots Willis eight-piece
orchestra. More than q thousand per-
sons are expected to be in line for
Inc grand march at 10 O'clock.
All soldiers in uniform will be adj
snitted to the hall free. Admission to
pictures frorn 500 to 7.30 adults 10
cents, children, S cents admission TO
saae dance 20 cesass, inaanding Nav tasK,
The Dayton forum. [volume] (Dayton, Ohio) 1913-1949, 1918-09-20
Legal. NOTICE

Common Pleas Court, Montgomery
Co, Division Of Domestic Relations.
70 Parker Barks, whose place oil
residence is unknown, you win take no
tice, that the said Plaintiff did on the
! lth day OF Aug, A. D., 1913, file a
petition against you in the Common
Pleas Court Of Montgomery Co, Ohio,
Division Of Domestic Relations, pray
ing for decree Of divorce from you,
upon the grounds Of gross neglect oi
duty and extreme cruelty.
You are required to answer her said
petition not later than six weeks after
the date Of the first publication Of this
notice, to-wit: Aug 18th, 1918.
Case No. 1894.
LUELLA BURKs, Pitt.
Per MOSES III. JONES, her Atty.
The Dayton forum. [volume] (Dayton, Ohio) 1913-1949, 1918-09-20

Refreshments consisting of light
lunches, soft drinks and ice cream will
be served throughout the evening.
In opening the hall il the late al
.ernoon q place will be provided for
yhe visitors to rest after having i
ousy day at the fair grounds. Here
.ofore the strangers have had no place
to go to III the evening. The affair
At Memorial Hall this year viii be
the most elaborate ever attempted.
The Dayton forum. [volume] (Dayton, Ohio) 1913-1949, 1918-09-20
NOTICE, <

Don't ask us to rush your printing
unless you have the money ready when
the job is completed Our new ruling
lis to give the best service to those
who pay promptly. You will save 10
per cent. By paying cash On delivery.
FORUM PUBLISHING co,
The Dayton forum. [volume] (Dayton, Ohio) 1913-1949, 1918-09-20
MOTHER SCOTS HOME

Tags for the Mary Scott Widows
and Mothers home will be on sale at
the fair grounds Emancipation Day.
The Dayton forum. [volume] (Dayton, Ohio) 1913-1949, 1918-09-20
II ~ II g..!'.s. I 7
UNFEELING SERGEANT
GETS HEAVY SENTENCE

Little Rock, Ark.-Here is
: how the United States protects
J her private soldiers. William e.
Taylor, an enlisted man at Camp
, Pike. was I'll and sent word to
his sergeant, George w. Reub-
!. ling. u don't care, let him die
said Reubling. Reubling was
. tried by court-martiai, convicted,
sentenced to five years in milf
tary prison, forfeits all pay and
allowances and Is dishonorably
. discharged from the army.
The Dayton forum. [volume] (Dayton, Ohio) 1913-1949, 1918-09-20
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