Evening Star Newspaper, April 22, 1893, Page 4

4 THE EVENING STAR. | < oe telegraphed by a person in this city to another WASHINGTON. ——— latter ae srapl tting is done not mond, —— April 98, 1005: | bat New York, because the offer, being accepted ‘Editor. | there, takes effect there.” The accuracy of the pai = ——== | Jndicial reasoning will not be questioned, THE EVENING STAR bas « regular and | but both the judicial perspicuity as well as the permanent circelation fn Washingtes three | intelligence of the states’ representatives are at times larger than that ofany other paver i= | fault if it is imagined for a moment that any the city. As = lecal NEWS paper and Ad- | of the bets made in a pool room are necessarily vertising Mediom it has ne competitor. | telegraphed to other pool rooms or to the ———=——————— | tracks where the races are being run. For the Students of diplomacy and plain American purpose of dodging the law's provisions the citizens who are ordinarily careless a8 to diplo-| operators may make such pretenses matic procedure are alike mystified by the ag were perhaps used to deceive the course of the administration in the Hawaiian Virginia court of appeals, but every one who matter. From the beginning the menagement has any acquaintance with pool room methods bas been strangely recondite, secretive to an knows that the bets are offered and accepted in extreme degree. Those who possessed any in- the one place. It may be that smendatory formation worth having either maintained legislation is necessary to put a stop to the unbroken silence or whispered enigmatically evil. If so the legislature cannot do better of possibilities that were and are highly im- than devote so much as is necessary of ite time probable. The appointment of Mr. Blount as and energy te uprooting the pool selling evil. special commissioner was s surprise, and And Washington, having no pool selling within although it was made some time ago it still sur- its borders, will assist, approve and applaud, prises, for there are but few who can figure out a agg ate ae the necessity for sending a “special commis- Sometimes justice is s0 slow that evil doers sioner” all the way to Hawaii, not merely to in- escape, but when its progress is delayed by vestigate, but of paramount authority, when those whose duty it is to accelerate its move- there was and is in that country an American ments great wrong may result. Lizzie Borden, minister whose business it is to conduct what- charged with the murder of her parents, has ever negotiations may be necessary between been confined in Taunton jail for seven months the two countries. If Minister Stevens was gnd it seems now as though she would not be Deheved to be unfit for the responsible tried for two or three months yet. People who position he occupies, he should have are supposed to know something about the con- been superseded at once; it would have been duct of the case say that the extreme delibera- infinitely better to have done that than to tiop shown by the state is due toa fatal weak- humiliate him and, ina sense, the country he ness in the available testimony and that the represents, by transferring the powers which policy of non-action is being worked with the he legally possesses to the keeping of one hope that evidence may develop in the interim. whose title may easily and with propriety be such dilatory maneuvers disgrace the state that assailed. If the President is empowered to ap- permits them to be. Speedy trial is the right point © commissioner who shall outrank ® of every prisoner. Ordinarily the law's delays minister plenipotentiary and envoy extraordi- in criminal cases are interposed by the accused. nary why may he not do the same thing in the The government cannot afford to imitate the case of an ambassador, and it he can do it once tnetics of the consciously guilty. why need the Se ate’s time be wasted in the gimateemesyiny bcos consideration of nominations? If the Presi-| siowly, but with force that is not diminished dent ean so appoint to meet an exigency whence hy deliberation, the home rule bill is moving comes the power that shall prevent him from on to its final stage. Last night it passed the imagining and declaring that the exigency house of commons with a majority of forty- continues for four years? Such @ prerogative three in its favor. Prior to the vote—which smacks somewhat of royalty, and of this hu- was strong evidence of popular approval of the morously monarchical tendency there is evi- megsure—there was the customary debate, and dence in the letter by which the provirional jn this the aged but not enfeebled premier government was informed of the President's easily bore away the honors and added nnother selection of a representative. Speaking of Mr. jeat to the wreath which he so properly Biount the President says, after the true and proudly wears. ‘The bill now goes imperial plural style: “He is well im- to committee and there it will probably remain formed of our sincere desire to cultivate for some time. When the measure is reported and maintain to the fullest extent the friend- there will be further debate and new amend- ship which bas so long subsisied between the ments and if the bill is not then thrown out it two countries.” That, however, is a mere trifle. ij] be read a third time and passed. Then tho lingual lapsus to be expected of the con- house of lords will get hold of it, but what queror of his own and of all other political jj] happen to it while in the keeping of the parties; the words to be considered are thove peers can hardly be predicted. following immediately after those quoted, “and a Pore in all matters affecting relations with the gov- And now begin the operations of those pre- ernment of the Hawaiian Isiands bis authority datory beings who devote their nights to steal- is paramount.” The publication of thatletter ing flowers that were intended to aid in the ought to have resulted in the immediate resig- annual beautifying of the private and public nation of Minister Stevens, at least that is how perks, If the thievishnesws had a benev- some people who are not supersensitive seem to oient motive behind; if it was done CROSBE 8. NOTES conclude. President Cleveland's letter to his “great and good friend,” President Dole, broadly em- powers Mr. Blount to haul down the flag and order the marines afloat, to withdraw the ‘assistance and sympathy of the republic from the existing government and to transfer them toa monarchy, to do, in short, whatever Mr. Blount pleases; and then having perhaps the exercise of these destructive powers in view Mr. Cleveland says—and it sounds a good deal like a judge pronouncing sentence of death— “May God have your excellency in His wise —_ +e + ____ Whether or not the investigation which be- gan today into the administration of the affairs of the Weather Bureau results in proving that the Chief of that Bureau has been guilty of | for the brightening of sick chambers or the gratification of those who’ rarely see choice buds then the crime would be less serious, but as the invariable object is gain the dishonesty should meet with speedy and stern repression. Washington 1 justi- fiably proud of its parks, for their like is not ensily to be found. The bright colors and charming fragrance belong to rich and poor alike and they best serve their grate- ful and elevating purposes in those places where the ownership is common and not individual. —__+++—___ One of the desirable results that must surely follow the construction of an clectrie rond con- necting Baltimore with this city will be a con- siderable reduetion in railway fares. With much of the present unreasonable financial barrier removed Baltimoreans who never could favoritism, or of shielding incompetent em- afford to see as much of the truly beautiful as ployes, or of improper conduct of any kind in they should may frequently visit the national the management of his office, it bas afforded center of statesmanchip, art, literature and the Chief an opportunity of pointing out the geience. It will bea great day for Baltimore advances made by the Bureau, and the in- creased usefulness it has attained since its transfer from military control to one of the civilian departments of the government. ‘There are some suggestions im the reply made by Chief Harrington to the charges against him which are worthy of consideration as appliea- ble not to this case only but to many cases where charges of similar character are made by maleontents in office. He complains of an effort “to magnify @ condition of things liable to oceur in all departments into an extraordi- nary condition of crime ard mismanagement.” ‘There is always danger upon the change of ad- ministration, lest efficient officers of the gov- ernment suffer because of practices long coun- tenanced and for which these officers are not directly responsible. Prof. Harrington has also, seemmgly, some ground of com- plaint as to the manner in which the inquiry which concerns his official reputation so closely has been conducted. For some reason the officials in charge of the in- vestigation determined first to make inquiry into matters of minor importance, such as are ‘Usually left to police courts, and which had, in part, already been brought before the police court, leaving the more serious accusations as to maladministration by the head of the bureau, to rest as though it wes an unimportant mat- ter. ‘The effect of this mode of procedure, whether such was intended or not, was to raisea loud of dust, ealoulated to obscure public vision. | Now that the inquiry into the graver charges has beem opened the public good requires the fullest nnd fairest inquiry. In case the charges | made against Prof. Harrington are sustained ‘the course to be taken by the Secretary of Ag- Fieulture is plain. Meanwhile no harm will be | done in an effort to give fair treatment to an! @Zcer whose public service has been of @ char- acter to win very general commendation. —— 02 ‘The non-fizanciering section of our popula- tion that wonders where the free gold has gone may find an answer to the conundrum in the fact that English noblemen have recently cap- tured fifty millions of American dollars and, ineidentally, a few nice American giris, —_—__+oe—____ With the New York legislature turned loose | vidtors who will use Gotham asa grand stand , from which to view the naval parade will need | te be more than ordinarily cautious. ————— i With touching regard for our naval tradi- Hons the Dolphin ran aground as soon as it bad tepportant work to do. —~++e- Dwellers in th e national capital are seriously | eencerned as to the conditions which prevail tm places #0 vicious and so near its borders as is tat den of iniquity, that training school of erime—Jackson City. The legislature of the state of Virginia very properiy and in the face @@ adverse influences operated in many in-! stances by men who lay claim to respectability emacted & law for the punishment of teption of counsel for the pool sellers was that ; a Virginia court had no jurisdiction over a bet made by telegraph when the person te whom the another state and the poin septed, mere persons. wills; that is, there must be an offer to bet eu one side and accepted on the other. When the offer is accepted, and not before, the bet- ting becomes nagy contract, and when an offer to bet is accepted by tele- graph the acceptance, as in the case of = con- trast, takes effect when the message of accept- suse is delivered to the telegraph company for Wansmission and not when it is received by the when the prospective road is completed. —_+-+2___ Some of our English brethren are too easily disturbed. They have been giving loud ex- pression to language leaded with indignation because modern Jacobins have been ‘standing the queen on her head” by stamping their letters with the stamps stuck on wrong end up. Of course It annoysa loyal subject of her majesty Victoria when any one deliberately in- verts a postage stamp on a letter so as to place the sovereign’s head in an undignitied position, but if the foolish and puerile effort to insult was unnoticed the feeble-minded tormentors would soon desist. —————— It appears that Secretary Carlisle meant by his statement that he would not maintain the gold reserve, Now that the event has made clear his meaning, it seems strange, of course, that any other interpretation could have been placed upon his words. We always realiy thought that this was what the Secretary meant, and we trust that those papers which, like the New York Sun, prophesied that he meant something very different, fee! properly ashamed, —___ +e + —____ Strange. isn't it? While the Civil Service Reform Association of Philadelphia was criti- cising President Cleveland's administration and Lusing him for his alleged complaisance to office seekers several thousand democrats in this city and elsewhere were using language unfit for publication because the President was too much of a civil-service reformer. ———_ +02 Voyagers who never traversed the bounding main in anything less substential than a mon- ster ocean steamship should take a look at the caraveis that are precise replicas of those Co- lumbus commanded. Then they will conclude that Christopher was a bigger and braver man than they had ever imagined he was. Alfred Mace, son of the once famous Engli- prize fighter, Jem Mace, has just closed a serit of evangelistic meetings in Indianapulis, Wh- is there in pugilism that breeds volubility? iste EE TS SHOOTING STARS. An extremely frank person is often too be good. ‘The clerk had dressed the dummy up, And with a weary smile He said, “This is the only chance I get to pat on style.” “How did the city strike you?" asked one of Uncle Ruben’s friends on his return, “Struck me fur every cent I had,” was the reply. other party. If, therefore, an offer to bet is | | ii true to | matter. THE EVENING STAR: WASHINGTON, D. €, SATURDAY. ‘Since the adjournment of the Senste the amount of news and gossip has been materially decreased, but the events of the week hav. been sufficient in number and important enough to keep up the average. The great Columbian naval rendezvous at Hampton Roads has been the feature of the few days past, and its suc- cessor, the parade in New York, will occupy much of attention during the week to come. Daring the ceremonies in New York barbor the late Christopher Columbus will be represented by the Duke de Veragus, one of bis lineal de- scendants, who has been in New York for some days, bas received most hospitable treatment, and who is expected in this city today or to- morrow. Trouble between political factions in Indian territ hich bad attracted more than a little n for some time, has probably been averted by the interference United States troops, but the chances in favor of further hostilities are many. The peaphening iy Temaensss sad eee bes bet is in Tennessee a1 a collision, between. the free laborers and the guards of the convicts at Tracy City; more of this may confidently looked for unless the system shall soon be wiped out by legislative action, Disasters by storms, floods and fires have been over plentiful. At the Milwaukee water works’ tunnel a terrific hurricane washed away » number of workmen who wereemployed upon an extension of the work; in Kansas there have been prairie fires: in New York, Ohio and Mipnesots snow storms, and in sev- eral portions of the country cyclonic dis- turbances of great magnitude. Capitol and labor continue to disagree. There been strikes in St. Louis and Omaha and a strike of the Ohio mine operators is now imminent; From Homestead come rumors of an under- standing among the men that unless some con- cessions asked for are granted by the manage- ment another strike will be inaugurated on the | Ist day of July, the anniversary of the day on ich Homestead work- men last year took the step which re- sulted in the horrféle massacre of the 6th of July. Reading railroad changes continue to disturb the stock market more or less, but the probability of further afiliction bas passed away with the election of J. F. Harris to the presidency of the road. An event of no| small importance to those who believe in the necessity for a new navy was tho trial of the cruiser Detroit. This vessel proved conclusively that it is the fastest of its class in the world. In criminal circles business seems to bave been a little dull. Carlyle’ Harris is still unreprieved aud two days ago when he wight have escaped as did two other prisoners in Sing Sing who were, like him, con- demned to death, he declined, much to the advantage of his own case, which is now being considered by Gov. Flower. Dr. Thatcher Graves, who was convicted of the murder of Mra. Barnaby of Providence, R. L, will go free, there being an evident disinelination on the part of witnesses who testified at his tirst trial to again appear against him, ‘The doctor will make good, ‘his threat of some time ago and in a little while will be seen upon the lecture plat- form. UNDER OTHER FLAGS. Belgium has undoubtedly occupied the post of honor in the public mind; concerted and serious effort to secure from the chamber of deputies what is practically universal suffrage sueceeding after many riotous demonstrations and considerable bloodshed had taken place. | It is believe that had not the ebamber of depu- ties yielded just when it did that the Belgium goverument might perhaps bave been over- | thrown, and if a republic had not been estab- itshed the control of national affairs would have | dropped into the hands of an adjoining coun- try. Serious disturbances are looked for on the Ist of May in several of the continental countries, and unless all the | signs fails there will be just about as much | trouble as the authorities can handle; the work- | ingman demands an eight-hour day, and is de- iermined to get it no matter how the result is | to be brought about. In England there con- | tinues to be deadly friction between the ship- ping federation at Hull and the sailors and others who are ordinarily employed by it; va- cancies ereated by the striking of union men have been filled by the appointment of non- union men, and although the unionists have made overtures to their late employers itis understood that the non-union men will be re- tained and protected. ‘There have been sympa- thetic strikes in London where the ship owners have combined to fight whatever may be done by those who were recently in their empl ‘The strikes may spread and there is easily much material for great trouble. The coal miners of great Britain are also visibiy stirred up over the long hours which they are required to labor. and a delegation waited on Gladstone, who said that he thought no man should be compelled to work underground for more than eight hours, bat in some other respects he disagreed with the delegation, and is therefore, toa slight extent, unpopular with men of that class. ‘The home-rule bill is moving along slowly but surely towards its destination and at the same time the Orangemen of the north of Ireinnd are prepsring to defeat or annul many of its clauses by force of arms if neces- sary. Ocean travel is every day becoming more speedy. The new Cunard sieamer Campania which is the largest passenger steamer ever built except qniy the Great Eastern, made a wonderful performance on her'trial trip and is expecied to do the voyage from Liverpool to New York in five days. Cholera still holds a portion of Russia in its grip there having been 400 cases and 120 deaths from the dread disease in Pedoiia within two weeks. The island of Zante in the Grecian archipelago hax been wrecked by earthquake, a largé number of people being killed aud injured: a volcanic eruption is looked for and this may bring about the destruction of the island. The matrimonial feature of the Eutopean week was the marringe of Prince Ferdinand of Bulgaria and. the,Prin- cess Marie Louie, eldest daughter of the Duke of Parma. In Australia the banking troubles culminated in the closing of the Australian joint stock bank which bas liabilities to the ex- tent of £13,000,000; Australian securities have gone down ut a tremendous rate. Down in Honduras the revoiutionists are having @ good desl of fun with the government of that ex- cited and excitable region and up to this time seem to be doing just about as they please. at HOME. ‘The tragic element has predominated to a very large extent in the history of the District for the past week and deaths of the more horri- ble kind have several times been presented. ‘The most sickening eveut of the week was the finding of the body of Col. Charies J. Murphy inthe apartments he had occupied in the ‘Thompson law building on G street. where it had remained since the 4th day of March. There have been other events during the week closely allied to tragedies. The decision of the Virginia court of appeals has rendered ineffective the anti-pool room aet of that state ind given a new lease of life to the gambling nells at Jackson City. The collision between a cable and an electric car at 14th and U streets ast Sunday, due it would seem to sheer eseness, brought up the question of the safe- guards ‘which should be placed around city railroad traffic, and the Commissioners as well as the public and press have discussed the question with vigor. The milk cases nave also been on trial the past week and a new develop- ment in the inve: ‘igation of the weather bureau was the filing of Gen. Colby’s report in the Among the events of the woek in a happier vein may be mentioned the emancipation day parade and mass meeting, the visit to the city of the English journalists and the meeting of the National Academy of Seience. ——__ + 0e Even Mr. Palitser Objects, There can be no doubt that the lowering of the American flag has produced » very unfavor- able impression even among those who, like the World, were resolutely opposed to the scheme for taking into the Sisterhood of States, either forcibly or otherwise, this far-away habitation “Oh, no,” said Adolphus Ponsonby Jinks of Mongrel Japs, Chinese and Kanakas, No dreamily, “bad weather doesn't affect my poems atall. You see in order to get rasdy for the one who has fought for that flag or who would now fight for it likes to see it lowered, even at deal Peery gear Todos lawer the behest of blant-witted Commissioner in- December, close up to the steam heater, in a ‘usted, it would appear, with far too dis- ‘square game.” “Wall,” said Farmer Bogosh, “you come out our way, an’ ye'll git it” “Where do you live?” “Out ter Squashville, and I reckon we've country He was silent for almost » minate, and there” ured patiently. “There is such a “Hello!” said the passenger in a street car ‘when something broke, “what was that?” “I don’ ‘to catch a car and set a trap for it.” eretionary power.—New York World. ———___ ++ -—____ Kind Words From the Learned. ‘The Washington ice men, following the ex- | ample of the Congressmen who insisted upon | Closing the world’s fair on Sunday, refuse to | deliver their cooling commodity on that day, But the statesmen 1p that city reassuriugly re- fect that ice purchased on Saturday can be tm even the hottest weather long preserved ‘got | enough to cool the Sunday morning cocktail. — Colorado Sun. —__ + ‘The Green-eyed Monster ie Loose, “Bemember, ladies and ,” says the New York City side-show blower, “that you have nearly two weeks before the performance begins in the large pavilion. Step in and see our naval review before passing on the inside,” —Caicago Post.’ ————_>r>__—_ ‘Will Little Rhedy Revelt. ‘The frenchiso in Belgium is ins ‘tknow. Probably somebody wanted | fair way to become more liberal in Bhode Island. — Providence Journal | facture and sell these instr THE ELECTR IDE CR = NIUNGTION Against DR. Hercules Sanche AND Lula Lenman. io | | A CLEAR AND MOST INTERESTING JUDICIAL OPINION. | ELECTROLIBRATION COMPANY, COMPLAINANT, vs. HERCULES SANC! D & LUL® LENMAN, DANTS. OPINION BY MR. JUSTICE COX, DELIVERED APRIL 10, 1893. ihe Principat facts relied on in thi case are as fol- ow: | “Gn the 14th of June, 1887, Dr. Sanche executed an assignment, which I will consider more at large here- | after, in which, | poration, he say: “I hereby transfer all my right, in and toall my patents, pending and to be applied for, all manuscripts and drawings relating to said new means, and for the further consideration of 125 per centum of the net fucome from the operations of deompany I bind myseif, heirs and executors to transfer to John N. Webb. Birmingham, Ala. ; ‘Timothy Moroney, New Orleans, La., and Cornelius . New Orieans, La., as trustees for this pro- amy." ‘The company was then incorporated, at least ac- cording to the forins of law. Whe.her the spirit of the law wascomplied with of not, the individuals ‘who contemplated its organization went through th fofms of law ad secured a certificate of incorpor: tion from the Probate Court of Jefferson county, Al bama. The company having been incorporated in this manner, then, on the 6th day of October, 1 : », executed an instrument in which, after certain recitals, they | “*Do hereby sell. convey, assign and transfer, and by these presents have hereby sold, conveyed, aa- signed and transferred,al! our right, title and interest im and to ali patents pending and to be applied for, all manuscripts and drawings relating to the discov- ies of Dr. Hercules anche, and conveyed by him to 8 trustees, to the said Electrolibration Company, ty of the second part, and iis assigns forever.” ur pa ‘Then the corporation proceeded to act and to manu- nents and devices which inbodied the discoveries of Dr, Sanche, They used t first a8 atrade mark the term ‘*Llectzolibrator, they found that too long, and in December, 1887- Sanche himself wroteto the:a and sazgested to them to change the name to if you approve and advise the chance write-me at once and also advise Messrs. Munn & Co. that if | ry they change the name in our applications | before too late. Believing that you and ali concerned | will approve T begin to write, using the uew appella- ts were marked with the name ‘*Electropoise;* Dr. Sanche proceeded to act for the company and supplied the ins:rumenis with the badge of the company, indicating the ownership to be in the corpora ion and bear: e name 2" and as late as June 10, 1889, nearly two | Years after the organization of the company, be sue: | ested to them that this trade mark be registered. He | herefore, that the company, with his | pied and used thig mame cs a trade: Just after that be had a difference with tine | company and undeRook to sever lifs connection with 1. On the 18:h of November, 1882, the company filed an application to Live the trade wark **lectro- Poise” rezistered. Dr. Sanche had mace an applica | tion to register the suime name us a iabel, on the sane | day t any made its application to register fhe | expression as a trade ni = but made @ subse- | name appears, and in consequence of overlooking the that au application was then pending ou the the word Was at One time re the corvoration Was pendin ciared. A good deal «f te 1802. These facts undoubtedly, I think, show a prima facie right in the ny to the ark, a right which is to ve protected un ess the defendant shows some reason to the con rary. ‘Tue first ground of deiense presented by the de- fendant is that the company have violated their con- tract with bi in several particniars, ‘Lhe first ed violation is that the ecncract with Lim con- tempiated that he was to receiv paid up and non-us-esszble. His ‘use that expression. \ He sayz: | “In cons.deration of the premises and for the fur- ther consi of 2 per cent of the capital stock | of said company,” &e. | But when the trustees made the assicnmnent of the | invention itself to the company, they conveyed, “In consideration of 10,000 shares of tie capital tock of the company, fully paid up and non.assess- able.” Sanche's share was one-quarter; so we may aseuine that he was to xet one-quarter of the stock, paid up | and non-assessible. But his e nswaction of that | aereoment, a8 1 understand the arcu:.ent, ts that it ‘umbent upon these other gentiomen to pay | into the company’s treasury #250,000 in order to | isone-tourch paid up stock. so shat it would | represent tha: value in the treasury, But, as ne says, | instead of doing that they merely put in the invention itself, ‘That is nos the meaning of this ag-eotuent,ac- cording to my understanding of it. I understand it toes is fully paid up and non-assess & snbseriber is not 0,00) of stock: unent does not = him and the company, is to beconsid~ ered Ss fulfilled. That t When it is designated to bs non-assessable it means that in addition there are no furth: levied on the stock for the purposes of the company. It sews perfeetiy preposterous to suppose ihat these gentlemen were to pay 250,000 into the treasury in order towive Dr. Sanche that value of the stock for an invention which was entirely untried and hardly periectedt atthe time. But in addition tothat the con elusive answer to this is, that Senche himself sui scribed for this #230,000 in stock. It is not sto~ which the other gentleiaen were to subscrile for an »ay up in money and then transfer to bim, but {ti stock which he originally was a subsociber for. H subscribed for 2 5 O sbares Co be paid for by a convey ance to eaid company of his undivided one-fourth w: terest in ali these devices, dc. I think that dis;ose the objection t at his stock was not paid-up stock ir thesense of the contract. ‘Then it is turther claimed by Sanche thet, sub stantially, he understood these gentlemen wore t. pay fur the othershares of stock in money. ‘The argu. mentis that he bad » right to suppose that th would organize according to the law and under the vere tound to pay in monzy or what wes juivalent thereto. He, himself, says that the in- vention was not tr.ed and was of no commercial vaine, and yet be expogied that they would money fog theirthree-quarters of the stocl order to give value to his one-quarter of stock. It is | tebly improbable that they ever understood they were to pay $750,000 in money in order to give value to the rest of the stock ond so tncidantaily tonia, Tp | point of fact, that never is the understanding in these organizations, as Iconceive. The inventor is ordi- | narily without money or credit and his object is to wet people to take hold of his invention who have money, credit and business ability. especially people | Who have had experience in promoting and develop- ing inventions. The inventor generally supposes that there ise creat deal of money in hie invention, if he can getit put upon the market. If the thing succeeds | would transfer hts rixht in bis patents in considera- | | by the board of director | soni ered * APRIL 22. 1893-SIXTEEN PAGES. ‘That is totally inconsistent with the ides that he thought that the stock was to be paia for in money. Furthermore, that is not the consideration expressed, in his agreement. His agreement is not that he tion of the other members of this contemplated com: Pany advancing all this capital. He says: ‘*Whareas it is desirable to form a stock company to patent in thts and foreien countries and manufact- ure and se!] the ite and devices relating to said new means, and to push investigation to its further development, now, “Therefore, in consideration of the premises,” that 4s, in consideration of the forming of a stock company to patent, manufacture and sell these instruments, ‘&ec., not the snbscription to and payment of the stock im actual money, but simply the formation of the company. That was his object. The trouble about most of these transactions is that there is no definite understanding between the owner of the invention and those who come in to assist him, asto theextent of the financial aid that he is tore- ceive, and that may be one of the troubles in this casé, unless it be true that he was really s party to that Electrolibration Fund, which I will speak of ins | moment. But everything, it seems te me, excludes | the idea that he expected these gentlemen to put up in money the whole capital stock. He did expect some financial assistance, but unless it is definitely deter- mined by that Electrolibration transaction there is nothing in the case to show theexact amount of finan- cial aid that he was to receive. But now we to that question of the Electro- Mbration Fun ‘These gentlemen were to get three-quarters of this stock in consideration of their organtzation of the company and of their efforte to promote the manufac- ture and sale of this invertion, and, undoubtedly. of some financial aid. What was the extent of it? A fund of 810.000 was subscribed to by a number of in- dividuals, as Webb and others say, in order to pay up their money considerations for this three-quarters of the inventions, devices, &e.,of Dr. Sanche,and three- | quarters of this stock was paid for by transfer of this three-quarters of the invention, as shown by the sub- scription list. Now the defendant denies that privy to that Webb swears positively that Sanche knew all about it and wasa party toit. We find the names of his children, in his handwriting, attached to alist which is ppaduced in evidence. We find the list of subscribers has @ printed heading which ted on. = undersigned, hereby subscribe and pay the amount sat opposite our names in cash, fund to purehase and pay for the Inventions and Devices of Dr. Hercules Sanche, relating to Electro- Ubration. *“Phis fund is principally to be applied to obtaining patents on said Inventions and Devices, and to be paid to the secretary of the Eloctroiibration Com- pany, and expented under the direction of the board Of directors for such purpose. * "The capitai stock of the Electrolibration Company shall be $1,000,000 dividea into 10,000 shares, of par value of 8100 eaci. ‘The subscribers to the above named fund, as owners of a three-fourths in- terest tn the patents hereafter to be obtained, pro- pose to subscribe that interest to and for of the capital stock of the said E.ectrolibs pany. as fuliy paid-up stock of said company. “Dr. Hereules Sanche subscribes his one-fourth in- terest for 2,500 shares of the fuliy paid-up stock of ny ‘*kach subscriber hereby agrees to leave one-baif of the stock to which he subscribes in the treasury of the company as areserve, to be sold under the direction of the board of directors whenever the necessities of the company demand. If he wasa party to that arrangement, that settles the amount which was to be paid in cash, as a consid- eration for this transfer, to be applied to the expenses of perfecting and developing the invention. It is claimed, however, that this was not the original paper, but that t is heading was pasted on to the sub- scription list for the stock, ‘The paper on which it prepared as a subscription lis pasted was originally for the stock. It began: leans, La., ‘Sept. 14, 1887. ‘EBB, TIMOTHY MORONEY, Trustees. igned, do subscribe the number of our names to be paid for in install- ments of 25 per cent pn orsauization, and equally in 30, GO and 90 daysthereafier, or, a8 may be required for an interest in the capi- tal stock of a corporation, to be styled Electrolibra- tion Company to Le incorporated under the laws of Alsbams or Louisians, but principal place of business to be in New OF) La.” But that was “Messrs. JOHN It is said that he If he was not, noone else ection applies to every one of these emstome that the weight of evidence purty to that. Webb most positively new all aboat it t in signing the names of his relatives it was orizina'ly prepared asa subscription list for shares, but that was struck out and then it is used as @ money suiser It shows the numberof shares struck out and tho doliar mark put for money. Aurel Sanche and Ella Sanche were parties for whom. he subscribed, and there were mo shares opposite those names, nor opposite the name of McAliis er, | another of his relatives; nothing | it looks to me on the whaie, aparty tothat. Ife was an amount agreed on to be pall s the only evidence ag to the amount of Was to be paid If be was not a party to that. then | all the cousideration he expected was a vague and in- definite con jon in the way of assistance, But part of tine ayrce- | 8 fund of €750,000 was to be paid up in | k the thing contemplated was that then there by the ot | these gentiemen were to manaxe his invention and assist him, undoubtedly, to some exten‘, financially, either by cash or by ra.sing ioney un tueir own per or by tue sale of stork, and the only evi- denve of auydehmite amount being understood, tie lea sin consideration of this transfer, was what ates to that Electroibration Fund, Now, so unwed fo ‘ewod breach for not paying Up the whole ‘Then there is a xeneral al kl not comply with ti fears that #4 plant in| ud there they | always comes | ¢ peovle who pu: in the n experimenting indeti | whieh was to cost $5,000 And there is where the trou between the inv. wand 2 He is for Koing but the o.hers do not like to put im capital they sce soimepbine coming out of it. But supposing that his conan is trac, had he the rigit totake the course hedid? Itisan elementary princi. ple of law (hat where a party has received some bene- Atunder-a contract he has no right to rescind the He cannot place the party in the | Saine position fa which he was before. It cannot be | dented that sauche got a good dea: out of the transac. | tion, Tuese xentiemen associated with him x2 him * their time; they Kot Li tise; they paid him in vari- ed some advan- if they did not do every- the jaw in hisown hands LECTRO- POISE” a: the same time it is to be considered that he ned it to them aud they used it. He had no rit toclvim the property and rescind the transéer of his Auvention and of (fis tree mark to them In the case of an executory contract, if it is not fulfilled, the pariy may have a right, in defense of an actioa, to re- | coup and may if, but cannot aot aside the wh And still less where the -ontract is ex: transfer of title. And yet that ts what he has undertaken to do here. Now, so much for the breaches of contract, which been reliel upon as s defense for the relief ins relied upon is the alleged irregn- lewality in the formation of the corpora 8 fraud npon the law of that the s:ock aball be paid ‘svalue. ‘There is some in:on- sistency im Sanche’s claim. While he alleces that hese rqntleinen wera to pay up one iniliion dollars or this objects to their pay- | ent for tion which was mezely B experiment and of no commercial value. 1 think xe Who'e answer to this objection is found in the fact ‘uat the defendant assisted in the organization of the poration and dealt with it asa legal body, and he nut now avoid his con;racte with it by questionins +s lewa.tvy. Certain cases bave been cited for the point that the legality of the corporation might be relied upon in ‘efense. One case, for instance, was where # sub- scriber was sued by the co-poration for his subscrip- -lon. Of courge, his contract went into the very amestion of the organization. Every man who sub- sevibes to the stock uf a corporation subscribes in sideration of genuine subscriptions of others to amount required by law. If they did not exist corporation has no rigt to call upon him, and it was held a very p-oper defense for him, upon demand of his subscription, that whe other subscriptions were fictitious. Ido not think that, even in that case, the absolute nullity of the corporation was declared, but the subscriber was simply exempted from the Day- meut 0: bis subscription. O:hor cases cited Were between the subsoriber and cxeditors of the corporation. There it was held thet hip hed nu right to say that he had paid up his sub- scription whsu Be had not given money va.ue as re- s 8 defense to object to the legality of the after the dealings he bas had with it. Rarrs Exrenrassz, edectof the prosecdings iste pect eee, Ast | oop poche plea el ‘im the patent we have seen, an interference was declared between the | wuss for sech qualition Walters ane men mshed Company and Dr. Sanche in reference tobis trade 40 believe, but are shown goods to convince them that mark and it resulted ine decision that the compS2Y | were leading the trade in low prices. if you want ‘was entitled to the trade mark, which was thereupon | {> enjoy the full purebasing power of your dollar registered tm their name. That, of course, relates S.0uu with Hate. ‘only to foreign commerce and Indian tribes. Ido not "P*™S's wt NaS" REMNANTS. know how far it is important, bat the statutory rights | 15. sien sxe relate exclusively to that field of operation. Anum- | Black wien... Be der of authorities have been cited by the complainant Xe coram non judice. AsI understand Mr. Davie’ argu- ment, as the trade mark had already been registered, inthe name of Dr. Sanche be holds that after regis- tration {t was not competent for the commissioner to act further and to grant the registration to the Com- | any. The language of the statute is: “That no trede mark shall be registered which is identical with a Known or registered trade mark owned by another and appropriated to the same class of merchandise. ” The very question here is whether this was owned 8282288222 ae ~~. 8Ke Don't fail to be present at our Skc. Remnant Sale. It will pay you. Special surprises. 15c. Hemp Carpet. Our price. analaous cases.” T do not exactly see what that meant, because commissioner has no right to wive a dectee as the | Sn. Menno =. courts of equity could. but Ido mot know that he can | 59 Childece’ hocrene tes better carry out the spirit of this iaw than in applying |" price, the practice im interference in vatent cases to cases of trade marks. Now, he has taken evidence. Just as in |" priee patent cases, and be has reached » conclusion. It is | g Tara Ladies’ si contended by Mr. Davis that under vection 7 the | Common genee thet epara, reristration of the trade mark was prima facie evi- | $1.59 Misses’ Hed shoes, apie heel. Our dence of the fact that the title was in Sanche. But if | ‘ 80 it turned out that the recistration in bis name was | gy 25 at gases, apebig bank Sar through inadvertence there is no reason why the offce | ar art — inked oe should not correct it. I do not see why it was not | re competent for that action to be revised and corrected, | ee anergy ok na and I think tho decision of the commissioner and the | 4c Extra Heavy Matting. ‘Our tree examiner of interferences, after # full hearing and | $1.50 Boys’ Suita. Ove rice after taking testimony on both sides, ought to be | 81.75 Boys’ Suite. Our peice wiven the same effect as in patent cases, and this fur- | pod cpm nishes a very good ground why a preliminary injune- | 50. Bicycle Cape. Our price tion should be granted. Oe. Yacht Capa, Our price. Thave iooked over these various forma of trade marks | 50. Military Capa. Our peice which have deen in use and it aerme to me tha: those ‘ which the defendant has been using are substantially the same a8 that of complamnant and that the difer- ance is merely colorab'e. The substance of the whole ta the word “ELECTROPOISE.” That is the essence of them all and it seems to me that under the common law and the statute the derendant should be restrained. AND, THEREFORE, I WILL GIVE A DECREE IN FAVOR OF THE COMPLAINANT. “ * the ty Dr. Sancho. Tunink that answers this objection. | fr Feit Tahie Covers, Oar price... “Be apd Qe. Ladies’ Percale Waists price. [28 “In any dispute between the applicant and a pre-| Soc; hese Peele Wanna, Oee wake 200 vious registrant or between appitcants, he shall | 750. Lace Curtains. Our price nd follow, asfar as the same may be applicable, the 15e. Dotted Swiss. Our price.. ~ ewe Practice of courts of equity of the United States in ‘We. Dotted Swiss. Our price... aoe DiC the 7. Rarrs Esrerpntse, aoe 141 11th Srarxa Garsenrsas Srore—-Extancise Botrerx Or —— Ws fs HOEKE. Wars Goons. ‘Nothing but the latest appears in this stock this ENTIRE STOCK (MUST BE SOLD st mrt seme ang me can truly be claimed Taurus Or Avenrcax Axo 1-4 OFF FOR CASH. This profit destroyer effects our entire stock. By it fino Lace Curtains are reduced to the price of Nottinghams. By it the best Moquette Carpets are re- duced below the price of a common Velvet. By it the best body Brussels Carpets are reduced so low that youcsn afford to buy them for cooms in which you have here- tofore used oniy Ingrains. Axgreat many people are buying now for next fall's use. It will pay you todo so. We store them free of charge. The early comers get first choice. We Hl. HOEKE, STH AND PA. AVE, Forzrox Sanz. ‘Lace effects this season have the prestige over all other materials, but as the stock is quite varied many other handsome materials will be found as well. Among our numerous Srring Oferings will be found BATISTE, in plaid and striped lace effects. REVERE SUITING, satin stripe, with dots be- tween; striped with figures between. PLAID AND STRIPED ORGANDIES. FINE LACE CHECKS AND STRIPES, IN NUMEROUS DESIGNS. DOTTED LAWNS, VERY PRETTY. HEMSTITCHED STRIPES, MARROW AND WIDE. BEMSTITCHED BORDERED LAWNS. 90 | after investigating Dr. Sench. oul HEMSTITCHED, BORDERED WITH FANCY TUCKS. shape i TUCKINGS IN ENDLESS VARIETY. INDIA MULLS. a ) i In ! \ Of Bargains at the LONDON BAZAR next Tee, ewe, feerivod several nee anvarces av'll bo vut on sale at sarprie “non ‘The MITLI-ERY stock’ Is as comple ever. New airivals are ccnstantiy tai age Voeans by the purchases of the nically disjoset buyers Who maze this their head justters. ext week we fi Put on sale another new lot ;, Laos Launered French Percale SWISS MULLS. FRENCH NAINSOOES, ENGLISH NAINSOOKS. LINEN Laws. LINEN CaMBRICS. INDIA LINENS. jor . Special Cav APRONETTES, SATIN STRIPED AND HEM- dust afew mesons: SO.O0) | STITCHED. collars sud furiciled er sg eee collars end lace satiu-irilled = 5Q | APRONETTES, Lack EFFECTS. Children’s iweefere =. Children's Mull ™ ah wea SILK MULL8. Tout 20 ct, ee spa eee 2 INDIA DIMITIES, in checks and stripes. nderwsar. “"Sitsitn Gown, fucked, yoke, rumte of om. | FRENCH ORGANDIES. cers ‘and slevves: ¢ seves- Were 517 () | pPeRstay Lawns. COLORED MULLs. COLORED P. K.. very handsome, in dots and stripes. +P. K.'S in light and heavy weight. An aggregation of indispensables which for quality and low prices is unsurpassed. An inspection of the wel Millinery. Ladies’ "ace and Lace Straw valued at $8.50. N ONDON BAZAR | same is cordially invited, Qlre. EA St bel, Menager.) wn TLS PEE AYE 715 ane? vs A Business And requires skill. taste, experience and originality in order to bring out the proper ‘effects in floral decorations. We do a great deal of this work ad know how to produce the best effects with the least expense to our LANSBURCH A.Goox & Bro. 1224 F Sr. N.W.| 2. 2 «24. aco7rmsr, ACCOMMODATIONS — Hee Electropoise Electropoise lect#ppoise Electropoise Fiectropoise FS 10,000 Diut- ESAS itonaie Hcrope Per tem pis iy orld" El Fatranod coueuit uae f0te the Words | Fiecrture CURES Eiscrcpaie oer weommotations in agvaeteuiices | Fecteheiee DISEASE paseiais Inisny vazcor sho city” degita gceggonee | Kisctropeiae Wermevr day u) You are thus relieved of ait har. | Electropoise MEDICINE. Fassing inconvenience and annoyance of | Eiectropoive seeking out sustanie aaa Elcareboise CURES ¥2" Cail and ropoise Address.” "4 0% © ““Worlee Fatr Album | Flectropoise AFTER iEsee Dices Hore Aagncr, Esctropeise Eiectrspotee ES Sropoise Eectropoise 613 7:n Sz. N.W.. Electropvise Important = |= blements,| == ap22-te LEATHEROID TRUNKS We have » cood line of these new in atoak, Dertect in and rm weneral effects. Call in snd look at them— SAMES 8. TOPHAM, 1281 Posse A pee Reve trmt nee a Eee EO Ds H. Sixcms “Masrenrrece~ “OXYDONOR” VICTORY (Ozvoen by Adsorption). A cure for disease without the aid of medicine ‘Dr. Sanche bas tnvenied many tostrumbate for cure of disease by trouamitting sayeen to the edge Dy absorption—without the axd of medicine—but ‘is first inventions wore, like all other new inventions and erude reliable. While be had’ Giecorered ¢ “spontaneous method” of cure, the instraments which produced the cures proved unsatisfactory and nowine pervect. But the mood be had eccompliahed sparred him onward, and after 38 years of experimenting and extreme bard- ships, bis efforts have Deen ment may be mew to you. ut tt has een weed Dr. Sanche’s practice for 38 years, and tor many Years by uusatere of other yhysicaue, whee eco veriee and claims, were conviuced that he lad Aiecovered an entirely new awode of Paring diseases and without the ald ofdrags The "‘Oxrdonor” Vie- tory cures Catarrb. La Gribpe, Colds, Chilis and Fever, la sompia, Rheumatism, In- digestion, Diat- rhoea, Constipation, Spinal Troubles, | Kidney and | Liver Dis- ‘This mode of treet ac. Besuretoget the “‘Oxptonse” Victory trom Sanche's only suthorignd Washinewon agent anes Lala Lenman—who bas stadied under Dr. Sanche, and will give you the proper advice as to its applies. Wasnrxorows Osrx Acrnr, MISS LULA LENMAN, 929 FS: N.W. (Over Wilson & Carr's.) Office hours, 12 to 2, 3 to Spm, A. KAUFMA 909 PA. AVE. §. w. n Ny qe Wilcause you rest financial pleasuss, ARE fo seve Our customers bundrede of doles ‘are eoing to do the buggest busines MO*DaY, ear oe. Teo srest ovente oun’ ihe And we have eet 4 Paw's Parade. ALITY FIGURED crx: ERENT PATTERRE TRS $05 AND Zc. 4 YARD.” TRE = ph ie inch FINE aa es SILK: SORTH Ste. Page ENTIRE on ¥ We have mace eeire wee tomer can be wattes.on, ‘ne matter how gr at ths rush. great the rush. oN And sot what other great bargains we eve selected on How does this strike you @1 4-vutton Dress Kid Gi colors. loves, in black and pt No. ‘S5e._ Iridescent Trimming to 7 mming mateh all the " Richelieu Ribbed Lisle even- tng: ‘What do you think of « First-quality 0c. Sum- p 8. 9, 10c. quality Embroldery........ beat this line: 1c. Men's Pare Liven Handkerchiefs. .......s. . Seale “pnesstine toy ee 0c. Midget Purses for children, in all colors......5e 5) Tea and Orange Sjoons, oxidized handles "nad plated Sowa Sg assce Torniaes Bandon a, Our World-bea ‘men and boys. ‘Bags of real leather, with ting Unlaundered White Shirts for ‘Bias 1255 to 18.. te ‘30. Boys’ Fancy Percale Walsts. .....eccsuue Ladies’ Pure Lisle Vests with shell work Ladies’ Cham! colors; all Price... bray Wrapoera, leht 125 would be ‘Bée. Dr, Warner's Misses’ Corded Health Waiste. 250 ‘300. Infants’ Fancy Stitch Zophyr Hand-kntt essen BBC 18e. Infante’ Zepiyr Bootees ‘TSe. Children's White Cambric Hubbard Dresses. 48: SL.OR Chidren’s Reefer Jackets, famey ‘with Collars and cutis of navy blurs e.g 2c. §-4 Sheets, made of good quality sheeting ....45 19c. Cuticura Soap, per. 10c. Butter Milk Soap, per CAak@.scesesssssesemers-- GC Baby Ruth WN; Bottles, glee ‘manner and 4!) the whole wide of the paper with eur Baryains, but our profits are so small that we must condense ‘the apace. NO MATTER what sure to save 10 to) per cont on pear parca A. KAUFMAN, 909 Pa Ave N.W. [aE reorurs mousy eaven J Tz Dove Bassp Hows Fra eee Center market, © Krooman, X nL aM 0. 152 Center market ané SOL H.C HUTSON, Wor & 800 Getasr market ane 4.0 otraet SES, Se Shon ea room po eirey