davidaulloa/AmericanStories huggingface dataset:
The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1922-01-22

and wrote this decision about the tooth
breaking can Of beans:
"The cans we're sealed Their contents
could not, in the nature of the things. be
open to inspection before the sale. There
could be no intelligent selection, based
upon any observation by the purchaser.
There is no room for the exercise Of indi.
vidual sagacity in picking out particular
can. The customer at retail store Is
ordinarily bound to rely upon the skill and
experience OF the seller in determining
the kind of canned goods which he will
purchase, unless he demands goods Of
definite brand or trade name. >
1.-THE situation is quite different from the
choice OF fowl or a piece Of meat from
larger stock, all open to inspection. where
there is opportunity for the exercise Of an
independent judgment by both the buyer
and the seller, and where, therefore, the
fact as to the one who makes the selec-
ton is of significance. The case OF the
beans must be treated on the footing as
matter Of necessary differences arising
from the relation of the parties, as far as
that is material In view OF the other facts,
that the plaintiff relied upon the knowl-
edge and trade wisdom Of the defendant
in purchasing the can OF beans, in the alb.
sence of an express statement to the con
trary this must be regarded as neces.
sary inference from the relation of parties,
There appears to US to be no sound
reason for migrating an exception In the
general rule, because the subject OF the
sale is canned goods, not open to the i'm
mediate inspection OF the dealer, who Ia
not the manufacturer, any more than OF
the buyer. II doubtless still remains true
that the dealer is In better position to
know and ascertain the reliability and re-
sponsibility OF the manufacturer than is
the retail purchaser, II places RESPONSE
The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1922-01-22

Certified. Sheffield Farms Co., Inc" OBJ
viously that meant that the great Sheffield
Farms milk company certified the milk and
knew what was ia that bottle, and, Of
course, were the responsible persons TO
bring suit against, Mrs. Leberman thought.
Would any reader Of this page doubt that
Sheffield Farms certified milk meant that
the Sheffield Farms Company az least
somehow, in some way knew something
about the, quality and cleanliness OF the
contents of the bottle that bore their print
ed seal?
And yet, by the open admissions in court
the Sheffield Company insist that they per.
sonally. individually or as a company know
nothing whatever as to whether their lab
elled certified milk" is At to drink.
Not only did the lawyers for the Shelf.
field company admit that they knew moth
ing about the milk but they insisted, and
brought evidence to prove, that Sheffield
certified milk is never produced by Shelf
field COW, or MIXED by Sheffield milk
man, or bottled by any Sheffield employee.
They begged the court to excuse them
from all responsibility for that dirty bottle
of milk or any other dirty bottle Of Shelf
field certified milk because no Sheffield
employee had anything whatever to do with
It except to take It from some farmer and
to hand the bottle over to neighboring
groceryman in New York, or sell It over
their own counter "as distributors and
statesmen"
Mrs. Lieberman and Mrs. Lieberman's
lawyer were utterly dumfounded at this
insistent admission that Sheffield Certt
fed Milk" means nothing whatever in the
way OF the Sheffield guarantee. They were
startled to find that the phrase Certified
Milk" may mean nothing whatever SO far
as a clean, wholesome milk or the respon.
sibility OF the company that puts Its label
on the bottles 10 concerned.
In the course of the testimony 1t turned
out that a committee OF doctors OF the local
county medical association attends to the
certifying OF milk. But this committee OF
doctors, of course, never goes near the
farms 81 the barns or the cows where the
milk Is produced. This committee OF doc
tors hi es an agent, who is supposed to 80
to farm and look the thing over and re.
port that the product of the farm seems
all righ. to him, and, therefore, the farm
cr's milk output can be sold at the ten-oent
advance price and labeled certified"
The farmer who has been thus certified"
can get q bushel basketful Of Sheffield
Farms printed labels and ship his "certi-
fed" stuff In to the Sheffield company, who
will scatter Il all over Greater New York
and sell Il as Sheffield Certified MIX"
The Judge who heard the case threw out
The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1922-01-22

Baby Mortimer's suit on the ground that
the Sheffield people had no sort Of respon'
sible connection with what everybody calls
sheffield Certified MIR"
This was exactly what the Sheffield
Company claimed. but It was the last thing
on earth that Baby Lieberman's mother
ever dreamed of when she bought bottle
labeled Certified, Sheffield Farms Co."
But the Lieberman's lawyer was not sat
isied with the decision of the lower court
There was no doubt in his mind that the
milk company had abundantly proved that
they knew no more about the stun In the
bottles they sold as "Sheffield's Certified"
than the engineer Of the milk train that
brought It into New York City.
But Lawyer Sustick did not believe that
It could be possible that the Sheffield
Farms Company could label bottle and
put Il on sale all over New York and
escape with any such excuse as they had
made. SO the case was carried UP on ap.
peal to the Supreme Court, and in very
interesting decision just rendered by the
Appellate Judges the decision Of the lower
court Is thrown out and the Sheffield
Farms Company are held to responsibility,
even though II was not their milk nor any
OF their employees who washed the bottles
or put the milk in the bottles or sealed
II UP. f&a' .
One Of the curious and disturbing reve-
lations which came to light at the trial
was the sworn statement Of the milk in
spector who is hired by the committee of
doctors to examine the milk farms. The
inspector, ON whose word a dairy is al
lowed to call It's product Certified" swore
that the bottle of milk which upset Baby
Mortimer came from farm IN Pennsyl.
vania which he had inspected and HAD at
least once before shipped worms In the
milk that he knew Of! This was cheer
full admission. Wormy milk might keep
right on coming into New York under the
Sheffield label Certified" and ten cents
extra price for the worms!
The judges who considered the astonish
ing facts as they reviewed the evidence
on appeal had some very interesting and
common sense things to say. Writing the
decision for the Appellate Term. Justice
Kelby declared:
Anyone reading the printed matter on
the label Of the milk bottle might very
we'll assume that the milk was the product
of the Sheffield Company's own farms.
The consequences to the consumer result.
ing from the consumption OF articles OF
food sold for immediate use may be so
disastrous that an obligation is placed
upon the seller to see 70 II, at his peril,
that the articles sold are At for the pur>
&c, Ig2c By star Company. .
The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1922-01-22
Photograph of a Bottle
of Certified Milk
and Microscopic Enlarge
ment of the Little Squirmins
Larvae Of the Dragon Fly.
<>~LEAsE give me q quart of your
49, Sheffield Farms certified milk"

-.~LEASE give me quart OF your
N$H Sheffield Farms certified milk"
= said Mrs. May Lieberman, and
she laid down twenty.eight cents on the
counter.
Mrs. Lieberman is not wealthy woman.
Mr.. Lieberman is chauffeur and they live
in Brooklyn But that bottle OF milk was
for their little boy Mortimer, then eighteen
months old-and for him she would buy
the best.
The mother knew she could get cheaper
milk-she always did buy cheaper milk for
cooking. She had heard that Grade A"
was very good milk and 1t cost only eigh-
teen cents. But she gladly paid that extra
ten cents and was perfectly satisfied In the
security she felt as she read on the sealed
top Of the bottle:
Certified Sheffield Farms Co."
So she poured some into little Mortimers
nursing bottle. fed the child and put him
to bed for his afternoon nap But the little
one was restless. Perhaps he was hungry
again-she would try him on another
bottle.
WOrmS!' SCTedIueu tnc mOtuoT do sho
began preparing another feeding for the
child and happened to glance at bit OF
milk still remaining In the bottom OF the
earlier bottle The child grew worse, the
doctor came, the Sheffield bottle was taken
away for examination-and in the milk
was found an abundance Of squirming
little creatures which hatch out from the
larvae state into dragon flies! r..
Mrs. Lieberman and her husband we're
indignant. II Sheffield Certified Milk"
could be so utterly disgusting as that
what could 1t mean?
Had she been swindled in some way un.
known to the big milk company? Could
Il be that the public was paying a fancy
price for name that meant nothing?
who was responsible for sealing up nasty
wrigglers and heaven knows what else
II, milk bottle and marking II Certified"
and charging humping good price for
the outrage?
The Liebermans' neighbors insisted that
II was their duty, as public-spirited ciNI
sens, TO go to court and expose the thing
mt they did not want to seek to profit
from their little ones cruel experience, 40
they asked Emanuel Sustick, the we'll
known lawyer, 60 sue the Sheffield Farms
MIX Co. for only $1,000. And the reveal,
tons that were brought to light In that suit
VIII come as a shock to every trusting
mother in New York land perhaps in many
another city, who pays her extra price
for a guaranty OF wholesomeness and
purity which does not necessarily mean
anything at all!
The sealed top of the milk bottle read
The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1922-01-09
JAPAN BUYS MUCH
STEEL IN AMERICA

New york, Jan. 6.-The first
large steel export contract of the
year-13,O00 tons of rails for the
Japanese government was announced
today by the United Steel Products
Company, the export agency of the
United States Steel Corporation.
The rails will be manufactured at
the Ensley Plant of the Tennessee
Steel and Iron Company, the largest
southern subsidiary of the United
States Steel Corporation.
Officials of the United States
Steel Corporation declined to make
public the selling price. The domes-
tic schedule for steel rails was re-
duced several months ago to $40 per
ton which would make the total
$4,000.
The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1922-01-09
SEEKS TO ANNUL
MARRIAGE CONTRACT
Broadus Smith OF Spartanburg Pc
titions For Declaration of
Annulment.

.Spartanburg, J IAN. 7.-Broadus
Smith, through his attorney, w.. W.
Dixon, has petitioned the court of
common pleas to set aside his mar
riage to Cordie Henderson, alias
Cordie Brewer, alias Cordie Woodie.
In his complaint the plaintiff al
leges that he and Cordie Woodie
We're married in Spartanburg coun-
.ty October 9, 1921. He als1 (.
that in 1918 his wife was married
to Leonard Woodie and lived with
him u'ril some time in 1919, when
they separated and remained se'pa-
..: al December 27, 1921,
when Woodie appeared and claimed
":i52cn Ccrdie left him
and returned to Woodie and they
have been living as man and wife
ever since. I1ss. Hs ask asks the court to de-
claye .nul and void ri: Z
to -&t y i'll ',sck an to fo ting @
a man who, has never been mar
ried.
The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1922-01-09
GOOD JOB FOR HAYS

New York, Jan. 5.-Postmaster
General Will Hays has signed a con-
tract to become director general of
the National Association of the Mo-
tion Picture Industry at salary of
s15O,OOO a year,. according to the
New York World. The contract, which
runs for three years, the newspaper
says, was signed more than a week
ago.
Mr.. Hays, The World added, has
arranged a conference with the ma
tional leaders of the motion picture
industry in Washington January Ia,
at which time he will make public
on his own account his decision to ac-
cept the post.
The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1922-01-09
JUDGES ArL6ReE = &
T. MAY BE APPOINTED
Senate judiciary Committee Agrees
To. Sidetraek House Bill in e.;
g. FawoI Of Senate.

Washington, Jan. THE senate
Judiciary committee, considering
means: Of relieving crowded federal
dockets through increase in number
Of Judges, virtually agreed today to
sidetrack the, house bill providing
81 more Judges this afternoon and
substitute the senate plan for 18
additional judges instead Of by cir
cults as proposed in the house
measure.
While the subject as a whole was
turned over to- a subcommittee to
work out the committee was said to
have decided on the policy of pro
viding for judges at large and to
have instructed the subcommittee so
to frame the legislation: It was
stated by committee members, that
in deciding against the house plan
which would assign the judges to
particular circuits the committee
had sought to meet the emergency
and to put through legislation which
would not precipitate extended
lights on the floor because some
circuit may not get all the judges
its senator's or representatives be
lieved were necessary. 49,
It was said also that the con-
sensus of opinion among committee
members was that the legislation
should be pressed for passage once
it is reported to the senate in view
of statements by Attorney General
Daugherty and Chief Justice Taft
that more judges were badly need
ed. .. .....
The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1922-01-09
NEWBER||R|lY CASE
DEC|DEDISOON
MAN TO DEFEND
SELF TODAY-DURING DE.
BATE FRIDAY CLAIM TO SEAT
DENOUNCED AND DEFENDED.
VOTE COMES SOON -

Washington, Jan. 7.-The senate
began today its final discussion of
the Newberry case, precipitated by
the contest of Henry Ford against the
seating of Senator Truman H. New
berry of Michigan, his; Republican
opponent in the 1918 elections, and
it was told by Senator Spencer (Re-
publican) of Missouri, chairman of
the senate privileges and elections
committee, that Senator Newberry
himself would take the floor Monday
and defend himself against the
charges which involve his campaign
expenditures. The subject under a
unanimous consent agreement, will
remain continuously before the sem
ate until disposed Of. A vote is ex-
pected sometime next week.
During the debate today, Senator
Newberry's claim to his seat was de-
nounced and defended.
At the outset Senator Caraway
(Democrat) of Arkansas launched an
attack on the Newberry supporters
for the position he said they were
preparing to take and Senator Spen-
Ger and Senator Williams (Democrat)
of Mississippi soon joined in the de-
bate.
Senator Williams said he desired
to hear the defense to be offered in
the hope. that Mr.. Newberry could
give reasons why he should retain his
seat and ,"not disgrace not only his
own good family but the good family
of his wife"
81 have known his family a long
time," continued Mr.. Williams. I am
very fond Of them. They have lived
straight and useful lives. I knew his
wife's family, and they were citizens
of which this nation also could be
proud. They made their money in
the right way, and hope he can ex-
plain away these charges for have
nothing personally against him."
There was also hurled at the New
berry supporters the prediction by
Senator Heflin (Democrat) of Ala
bama that ''the American people will
lash out of the senate chamber every
man who casts a vote for Newberry."
"Where are the senators who vot-
ed for Lorimer?"- querried Mr.. Hef-
lin. ''Why, the American people took
care Of them. All are, gone save six." "
If Senator Newberry speaks Mon
day, leaders say, it will be the first
time in the two years since the elec-
tion that he has addressed the senate.
The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1922-01-09
SHANTUE|G ISSUE i.
N NOT YET / i D DECIDED
NEITHER SIDE WILLING TO
MAKE CONCESSIONS SINE
DIE ADJOURNMENT TAKEN
AT CLOSE OF MEETING OF
DELEGATES.

Washington, Jan. 6.-Sine die
adjournment was taken at the close
of today's meeting between the
Chinese and Japanese delegates
to the Washington conference on
the question of Shantung. The con-
versations which have been pro
ceeding internationally for several
weeks apparently came to an end
with neither side willing to make
concessions to the other.
The Chinese and japanese dele
gates like were reticent about what
occurred but it was said that We'll
lington Koo for the Chinese and
Ambassador Shidehara for Japan
remained after the meeting to ar
ange for a statement to be made
at the request of the Chinese who
desired that a full statement be
made to the public.
After the meeting DR.. Koo said:
t.The Stuatoiu us. quite critical
and L don't want. to say anything
hastily. We may, however, decide to
make a statement later tonight. In
any event an. official joint state
ment will be issued. 49, '.'
Japan made a new offer Sin the
nature of concession" at today's
Shantung meeting, Vice: Foreign
Minister Hanhara said tonight.
This was to. make a Japanese rail-
way loan for the Shantuilg railroad
for term of Is years with China
granted the option to redeem the
loan at the end of five years from
the date Of signing the agreement
and after six months notice. .''
MIR. Hanihara said this was
Japan's final suggestion for settle
ment and that it was based on in
structions from the home govern
ment. He added that the Chinese
delegates declined the offer but
said there might be another meet
ing tomorrow or Monday.
The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1922-01-09
GIVES UP kLAN WORK
Mrs. Elizabeth Tyler Resigns A
Clarke's Assistant

CIAfke'8 Assistant
Atlanta, Jan. 5.-Mrs. Elizabeth
Tyler, Atlanta, tonight announced
her resignation as assistant to E. Y.
Clarke, imperial kleagle and head Of
the propagation department of the
Ku Klux Klan. ....
Mrs. Tyler, in a written communi-
cation addressed to members of the
order, stated the resignation was to
lake effect Immediately and that it
was due to the illness of her daugh-
ter, Mrs. Doris Manning Jett, who is
suffering from tuberculosis. my
physician, DR.. Henry McGee, says I
must rest or completely collapse"
the letter read.
The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1922-01-09
Notice To Taxpayers
For the Purpose of Accommodating
the Public in the Matter of Max
ing Their Returns, l Will Whit the
Places Mentioned Below On The
Dates Indicated in Schedule.

ALL RETURNS must be made un-
der oath of real estate and personal
property returned at it's market
value.
Persons not making their returns
between January /, 1922 and Feb
ruary 20, 1922, are liable to penal
ty of so per cent. This penalty will
be enforced against delinquents; for
the failure to enforce it heretofore
has put on neglect Of the law.
The returns of those who conform
to the law are placed before the
Township and County Boards, while
those who disregard the law come in
after the meeting of the Boards and
return to suit themselves. The en-
forcemnt of this so per cent penal
ty will correct this evil.
Returns will not be taken by mail
unless they. are sworn to before
some proper officer. All improve
ments or any transfer of real estate
must be reported to the Auditor.
Employers are requested to return
all their employees after notifying
them and getting a statement of
their property.
All tax returns must be made by
school districts. So please look up
your plats and find the number of
acres in each school district, also
amount of personal property.
My Appointments Are as Follows:
Calhoun Falls, Wednesday, Febru-
ary 7th.
Lowndesville, Thursday and Fri
day, Feb. 9th and 10th.
Donalds, Monday and Tuesday,
February 18th and 18th.
Due West, Wednesday and Thurs
day, February 18th and 18th.
Mr.. E. A. Patterson will represent
me at Antreville and w. W. Wilson
will represent me at Level Land.
RICHARD SONDLEY,
Auditor Abbevills County.
Ell. 3wks.
The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1922-01-09
AbbevlIIe, >. &.
GROCERY SPECIALS

Every housekeeper who wishes to economic, will be
interested in this advertisement s@
The values quoted exceptional and each article
offers real saving. I.-~. s.@s
The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1922-01-09
To Name Fenrose Successor.

Philadelphia, Pa, Jan. 5.-Govern-
or Sproul was expected today to
name a successor to Senator Pen
rose within the next few days. He
announced last night that he would
not resign to take the Senatroship.
The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1922-01-09

WANTED-All the boys and girls in
town to know that they can join
our. 10 cents a week Christmas
Savings Club and have money to
spend next Christmas. County Saw
ings Bank. 1, 6-3tcol.
The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1922-01-09

FOR SALE-One lot full blooded
Poland China pigs, seven weeks old
Price $3.50 each. Delivered in Alb
beville Saturday; Jan. IA. A. L.
Link and' Brother. 1tpd.
The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1922-01-09

GOODRICH TIRES AND TUBES
Are the best in the long run. We
sell them. Prices reduced. Dewitt
Hall, next door to Kerr Furniture
Co. l, 6-3tcol.
The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1922-01-09
WANTS

WANTED-One hundred boys and
girls to join our ten cents a week
Christmas Savings Club. Club now
open. County Savings Bank. Stool.
The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1922-01-09

EAT WITH ME-Table board by
the meal or by the week.
Phone /. Mrs. D. A. Rogers tt.
The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1922-01-09

III :: IL s: r.
otou I'll ttho ooV0IIsell1eAlA'
vaIl,es cI1oted are excenfi0na1 and each
- ~, - 49,.
Iodl saving. -
Walter Bakers Chocoate-1-2 lb .25c; pound 45c
w. H. Bakers Chocolate DOC pound
Premier Peanut Butter small for 25c; large for 35c
Premier Salad Dressing ....... small 15c; arge 35c.
Knox Gelatine ...... 49,. -. zoe Package
Cream of Wheat . Observation-Disclosures. 25c Package.
Premier Sweet Wrink2ed Pear cans 55c:
Goblin Soap ............. &c., for csc.
Palm Olive Soap . :. ......... s for 25c.
Royal Baking pawder ... IA pound 16c; pound 45c.
Davis Baking Powder small sze for 25c. pound 2oc.
Ryzon Baking Powder per pound :. DOC.
No. Standard Pears 10c can
Farina .%.............. 49,. Toe Package.
kellogs Corn Flakes TIC Package.
Instant Postum, small, 26c large, 40c
Arbuckes Coffee per pound ~. 26c.
Kngsord Corn Starch Se Package
No. 2 cans Premier Corn . -. ...........2 z for SIC.
No. 9 cans Standard Corn. :. -. :. -. ...... 12c.
Large Canned Brains, SOC value for ;. &c.
Large Cans Standard Tomatoes =. -. go. 12c.
uledi Edsy roaP - - '''' oI eo'~
Sterling Dried Beef s.f2c Jar
Mince Moat largo iars =, - % 2nc
prom;or stroXborr, Iono Ak q for Ct m
Premier Cherry Jam -. ..... s5e; 3 Tor $1oo
Premier Blackberry JAM, SOC; Tor 56c.
Premier Stuffed Olives small bottles . . - z for 25c.
Premier Queen Olives large size .. 35c; for CSC.
Nabob Mixed Pickles 4oc bottle
~. - Co., n. - DL, ,'' a.. h... =
NaDoD ulo" Uho" flchles 80: -: 49,: 49, 9o Doo
Monarch orange preserves regular QUO Value SOC
PREMIER Shifted Olives small hotties z for 25c
premier prenared Mustard 15c value foc,
Nosoo onion Salt larse bottles ' ... 1sc.
,ooo ,, ol,l0 ,a, '' -" D0-0 - " on -. - g.. e.
Easy Make Cocoa Pudding regular 6Oc sze SOC package
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