Evening Star Newspaper, July 29, 1897, Page 11

——————— THE EVENING STAR, THURSDAY, JULY 29, 1897-12 PAGES. 11 HOW WORK WAS DONE —___+——_— Hearing in the Case of Wedderburn & Co. pa MANY PATENT LAWYERS PRESENT Great Interest Manifested in the Investigation. AN EX-CLE =RK’S TESTIMONY After The Star's report of the trial of John Wedderburn & Co., before the bar of the patent office, closed yesterday, Jesse H. Whitaker of the patent firm of Whitaker & Prevost continued his testimony. Mr. Whit- @ that some time last March he letter from E. P. Tully of Co- C., regarding applications for patents then in the hands of Wedderburn His firm had received a letter from directing Wedderburn & Co. to r to them the papers in the matter vation for patents on a pet 4 fire-escape ladder; at n paid them and $20 that had been forwarded to cover the first government fee. The ietter gave 2 reason for mak- ing the change that the attorneys had tak- en no step in the matter. Mr. Whitaker eded to read to the court 2 num- s of Wedderburn & Co. to Mr. ng they could secure him a pat- eight we after the applica- tions were filed, and that nothing was found to prevent the issuance of patents. Mr. Whitaker said he had examined the mat- ter and found that both devices were not patentable. The witness then demanded that the money in the hands of Wedder- burn & Co. be turned. over to him, which ‘was done. Mr. Ford of counsel for the defense en- Geavored to have the above testimony stricken from the record, as the case re- ferred to wax not named in the original . but Mr. Greeiy decided that the ble. He also an- then pr f lette instead of producing witnesses if they desired. An adjournment was then taken until 10 o'clock this morning. Resumed This Morning. The investigation was resumed at 10 ock this morning before Assistant Com- missioner Greeley. Messrs. Fredk. W. Win- ter and Chas. C. Stauffer appeared for the government; Samuel T. Fisher, ex-Com- missioner of Patents E. M. Marble and W. H. Doolittle for the patent bar; Wm. Small, F. A. Schwan, Wm. L. Ford and EB. H. Bond for the specific claimants. Judge Jere Wilson of counsel for the de- fendants was expected to be present this morning, but was not on hand when the investigation opened. Mr. Wedderburn cc- cupied a chair beside his attorney, and, as on the previous day, a large number of the employes of his office were present. Among them were a dozen young ladies, who ap- peared to follow every feature of the case interest. the members of the patent bar ch the progress of the in- tion were J. H. Whitaker, Solon C. of Munn & Co., Wm. Cranch Mc- E. Everett Ellis, John J. Haistead, now, Howell Bartle, Walter Fowler, nnolly of Connolly Bros., Mr. Boyd, W. B. Corwin and H. A: Seymour. Commissioner Butterworth returned to the city last evening, and was at the pat- ent olfice this morning, but was engaged in hearing an appeal case during the progress of the investigation. Mr. Gillis Cross-Examined. Mr. Gillis, who testified before the court was put on the stand for cross- with inte Among present el for the defendants then asked Mr. Gillis if the following was the form of letter sent out by Wedderburn & Co.: WASHINGTON, D. C., August 7, 1996. Dear Sir: We have rec i your letter of the 2Sth ult., inclosing $ to cover the ecst of a tial searck in the matter of your a in the patent hammer for hold ng ails. We have made a thorough examination of the records of the patent office, and find as the nearest reference to your invention 116,553, copy of which we here- ‘mit $20, to cover the first govern- and %, the cost of one drawings, and upon the » will prepare the Stary applica ers and send them to you for z nd execution. Your invention will be entered in competi- tion for our prizes. son as the application is safely filed United State patent office, and you are secure from anticipation by any other inventor, we will at once proceed to find a ser, should you desire us to sell the patent. We await your instructions. Very truly yours, < WEDDERBURN & CO. Mr. stifled to the correctness of the form of letter submitted, saying, how- Stauffer wanted to know why was made. 1 that it was because it was the BUE: 1 that the form would not be Sale to employ. He and Mr. Bond had made that suggestion. The substitute follow WASHINGTON, D. March 18, 1897. Dear : We have carefully examined the description of your invention, and Searched the patent office records with a view of ascertaining the present condition of the art, to s2e whether or not we could you a patent. As result und copy of patents 576, 305,088, e the same for your inspection. = to our understanding of your reference anticipates it. Please oth inventions carefully and let by return mail, whether you can the two, and, We shall then take scribe them. er up for further coasideration. nts are frequ ly enabled, judicious use of references fur- nished by us, to make alterations and im- ents in their devices which rot only hem to avoid possible conflict with patents, but also add materially to mercial valu to you to ate that the patent ently allows patents which prove ¥ery valuable, based upon a single claim, that to the inexperienced eye constitutes but a slight difference from an invention already patented. In view of the fact that you had no of the invention described in d reference, you have shown the gree of inventive skill in devising your own that procured the patent for this and the in; and crea ve etofore d by you will sist you to so modify the 9 avoid the inclosed refer- rhaps to obtain a patent which @ source of considerable revenue inver you are ready to proceed with plication for patent please send us sketch and iption of your in- i form, or, if con- me, and at the same preliminary fee, which cov- its perfe: a model of » remit $2 venient CATARRG Mrs. Josephine Polhill of Due West, S. 0., had @ severe case of eatarrh, which finally levame so deep-seated that she was entirely £ in one ear, and part of the tae in nose sloughed off. The best physicians ted ber im vain, and she used various sprays == CURED BY bottles of S. S. S. promptly reached the el seat Of the disease and cured her sound and well. Books Swift Specifie Co., Atianta, Ga. S. SS. never fails to cure a blood disease, and it 1s the only remedy which reaches deep- seated cases, Guarae teed purely vege:ime. free; address ers the first government fee and one sheet of official drawings. Upon receipt of this amouut another search will be made, if necessary, and the application will be pre- Paied and forwarded to you for approval and execution. The value of patents depends largely upon the manner in which they are han- died. We make a specialty of selling fatents and inventions, and when your application is safely filed in the United State: patent office. so that no one else can get ahead of you, shall tmmediately seek a purchaser for your device, upon due authority from you. Very truly yours, JOHN WEDDERBURN & CO. Valuation of Inventions. The witness testified in reply to questions by Mr. Stauffer to the manner in which values were placed upon inventions. Valua- tions were placed upon inventions when- ever a client requested, and it was always by this method. The case would be taken to Mr. Hughes, who was told what the patent was, and would then place a value on it. He would give a figure generally be- tween $1,000 and $10,000. He recalled one case in which a patent was valued at oniy 500, : Mr. Stauffer—“Did he ever turn down any invention as of no value whatever?” ‘The witness—‘‘Not to my knowledg Referring to the manner in which the work of making searches was done by Wedderburn & Co., Mr. Gillis replied that while he was in charge of that work he had informed Mr. Wedderburn geveral times that favorable reports should be re- viewed, as the searchers were not compe- tent. He also told him the searchers were making too many searches to do the work well, some of them making as many as eighteen or twenty searches a day. Mr. Ford—‘‘He gave you more men then?” Mr. Gillis—‘‘He gave me incompetent men.” In reply to questions by Mr. Ford, the witness said Mr. Wedderburn wanted re- ports sent out twenty-four hours after the case had been received, and had told him if he could not do that would get some one in his place who could. ; The fags showed that Mr. Gillis had been succeeded by Mr. Julihn as head of the searchers, he being retained as assist- ant, and when asked if that gentleman were as competent as himself, he declined to reply. Work of the Searchers. When asked who had made eighteen or twenty searches in a day the witness re- plied that “‘Alec.” Wedderburn had done so, and that George Burns had made fif- teen or sixteen a day. Mr. Ford—“Was it not your duty to re- view these cases?” The witness—“‘Only in the cases of un- favorable reports.” Mr. Ford—“What instructions were you given when you were placed in charge of the search department?” The witness—‘I was told to rush cases out in twenty-four hours, to review un- favorable searches, but that if any refer- ence did not directly apply to the case to indorse it as favorable and not to review any favorable reports. He also said he would have my unfavorable reports re- viewed and if any one of them was mark- ed unfavorable when it should have been favorable he would discharge me at once.” r. Ford: “Did Mr. Wedderburn not give you instructions In writing to make careful ané conscientious searches?” The witness: “No, ses The witness had instructed the searchers that they must make twelve searches a day under orders from Mr. Wedderburn. Causes for Dismissal, Mr. Ford produced a signed order and asked witness if it were not his signature on it. Witness declined to reply until he had seea the order, but finally said the signature looked like his own. The order read as follows: “December 28, 1836: On and after this Gate, if a reference be stated against any case (by the patent office) that kills that © the person making the search will be cischarged. Mr. Gillis said he issued that order, also another order of January 9, 1897, that any one failing to find references upon which the application is subsequently rejected by the examiner would be dismissed. Mr. Ford questioned witness whether Mr. Wedderburn had not told him he want- ed business properly handled. iu Mr. Gillis replied that Mr. Wedderburn had told him to rush business, but said rething about having it properly handled. Mr. Ford—“Did you perform your duties faithfully and conscientiously?” The witness—“I could not do so under Mr. Wedderburn’s crders.”” Letter Written Under Threats. The witness recounted how Mr. Wedder- burn had asked him to write a letter say ing he had so performed hfs duties, bu: he explained to him that the conditions were such he could not do so. Finally he did, under threats of beirg dismissed, write a letter. Mr. Ford—“Knowing it was not true?" Mr. Gillis—“I gaye the letter with the understanding that it had reference to what Mr. Wedderburn said was the interest of his clients.” Mr. Ford said the defense would en- deavor to produce that letter. Mr. Doolittle said that in such a case Mr. Wedderburn should be put on the stand. Counsel for the defense questioned Mr. Gillis in order to show that he was finally removed from his place as head of the searchers because he had reported favor- ably on a case that was not patentable, and there was considerable sparring among counsel as to the manner in which the wit- ness should be allowed to testify. The work of valuing inven again referred to, and Mr. is said when a perpetual motion device had been re- ferred to Mr. Hughes for valuation, he told the clerk to teil the inventor that it was worth millions if he made it work. “I know nothing more true than that,” said Mr. Ford, amid laughter. ions was umption of the investigation k Mr. Gillis was again placed and examined by Mr. Winter, who asked Mr. Gillis as to what Mr. Wed- derburn said about the character of his work when he was plac:d at the head of the record department. The witness said Mr. Wedderburn told him to get work out as rapidly as possible, but sa‘d nothing about the character of the work. Mr. “Alex.” Wedderburn's work, he said, was very poor. Mr. Winter endeavored to have Mr. Gil- lis give an opinion about the young men nim, but Mr. Ford cbjected. 38 testified that as a rule the work young men was “necessarily poor.” Mr. Winter referred to the letter which had been referred to in testimony this morn- Ing and asked witness to tell how he wrote it. Mr. Gillls wrote the letter because his discharge was threatened if he did not write it. “I wrote it because of certain monetary conditions.” said Mr. Gillis. “If you want to show that witness was hard up,” remarked Mr. Ford, “we are ready to admit that.” “You stated the form of the unfavorable report sent out by Mr. Wedderburn was fair for that class of work. What did you mean by that?” asked Mr. Winter, “I m replied Mr. Gillis, “that an attorney who studied the interest of his clients would have sent out a specific report, and not a set report.” Revised After Charges Were Filed. Mr. Small asked Mr. Gilllis !f the revised letter, of which a sample dated March 17, 1897, was submitted during the morning, had been written before or subsequent to the filing of charges against Wedderburn & Co. in the Post Office Department. ‘The witness replied that the drafting of the letter referred to was subsequent to the filing of charges. Mr. Small asked what of the searchers under the witness had no experience, and witness said he knew two of them, Addi- son and Gowans, who told him they had no experience prior to going with Wedder- burn & Co. He had four searchers under m. In reply to questions by Mr. Ford the witness said 60 per cent of cases were re- ported favorably and the balance unfa- vorably. Controversy Over Time for Testimony. At the conclusion of Mr. Gillis’ testimony Mr. Fisher requested the presiding officer to limit the time in which testimony ts to be taken in the pending case, so that it Would he concluded next Wednesday. Assistant Commissioner Greeley did not limit the time for the investigation, but asked counsel for defendants to put in their evidence as far as possible in the form of affidavits. Considerable controversy among counsel uns. was encouniered time thet should be allowed. ‘Mr. Ford said he wanted to submit ex- pert testimony to show the patentability of certain cases. He said eight or ten months had béen consumed preparing the case on the part of the prosecution, and that the defense should not be Mmited to ten days. The assistant commissioner decided that if tne defendants have not compieted their case by 10 o'clock next Wednesday they will be dealt with justly in regard to any extension at that time. But, he said, the office could not take up fits time in hearing expert testimony. Any such_testtmony could be put in in the form of affidavits. At 2:30 o’clock the investigation was ad- journed until 10 o’clock next Wednesday morning. ++ WILL SEARCH FOR GOLD. Well-Known Young Men Who Have Klondyke in View. The gold fever has reached the pretty suburb ef Brookland, and several of the young men there have expressed an ardent desire to pick up the precious metal out of the frozen ground of Alaska. The presence in Brcokland of a gentleman who has been through the country whieh has 30 sudden- ly become famous and the expression of his bellef that the richness of the gold deposits is far greater than can be concetved, has served to excite and enthuse the young men to a pitch that even his description of the severity of an arctic winter, lasting from September to April, with snow from four to thirty feet deep all the time, has not been able to subdue. It was at first rumored that quite a party would start at once for the Klondyke re- gion, but when it got down to the actual Point of preparation, it is said only one had the courage to really make a start. He was Mr. Philip Jullien, who has been employed in the bureau of engraving and printing, and who, it is understood, will leave Washington this week for Seattle, where he wil! secure his outfit and provi- sions and then sail for the Yukon river. Mr. Jcin R. Painter will also leave soon for Seattle, where a business engagement awaits Fim, but he will, it is understood, remain in that city only until next spring, when he, too, will go to the gold fields. Mr. Painter thinks he will avoid an arctic winter and make his venture for a fortune after the cold weather is over. Mr. Rex Riley will probably go with Mr. Painter und remain with him in Seattle. Others have been expressing themselves as anxious to go to the gold region, but have not yet made up their minds when to start. These young men are all well known and popular in Brookland, and considerable interest is felt in their projected trip. 2 ——__. BASED ON TIME. Laborers to Receive Pay Only for Hours Actually Employed. The first controller has decided that the Commissioners have no authority co pay per diem laborers for a portion of a day employed except for the time actually em- Ployed. This question has a direct bearing upon the claims of the street sweeping gang, which protested against receiving pay for @ fraction of a day when the rain inter- fered with thelr work. A conference be- tween the Commissioners and the contrac- tor resulted in the approval of a prop- osition whereby it was stipulated that when laborers were interfered with in their work by the elements, they were to receive two-thirds of a day's pay if they worked over four hours, and one-half a day's pay if they worked less than four ours. There was some doubt as to the power of the Commissioners to make such an order, although the contractor stated he was per- fectly satisfied with the arrangement. It resulted in having the case sent to the auditor, who in turn submitted it to the controller, The latter, after Investigating the matter, informed the Commissioners, as Stated above, that per diem employes were only entitled to compensation for the work actually performed. —___. PROBABLE FATAL INJURIES. ed Off the Track way Engine, What will in all probability terminate as a fatal accident occurred shortly before noon today near the corner of H street and Delaware avenue rortheast. Isaac Pitney, or Pinckney, a colored man, twen- ty-five years of age, whose home fs at 1: D street, was struck by a railroad locomo- tive, hurled about twenty feet and picked up rneonscicus. At the Emergency Hos- pital, where the unfortunate man was hur- riedly taken in a patrol wagon, Dr. Bahr and Dr. Juenemann made an examination, which disclosed as injuries a fractured skull. several bad cuts and broken ilmbs and Internal injuries. In the opinion of the surgeons, death will result. Pitney Is employed by Williams & Com- any, coal dealers, and at the time of the ac- cident was walking between the rails on the bridge at 2d and H streets. Engines No. 45 and 1121 of the Baltimore and Ohio railroad had been shifting in the railroad yard, and one backed down from Agnew’s cecal dump toward Pitney. In order to avold the shifting engine the man stepped to an adjoining track directly in front of engine 821, drawing a passenger train from Baltimore. Realizing the danger Pitney was in, En- gineer John Morris and several bystanders shouted a warning, but it was, for some unknown reason, not heeded by the man on the track. He was struck fairly and squarely. The train was at once brought to a stand- still and every care bestowed on the un- conscious form. Policeman Tracey sum- moned the ninth precinct patrol wagon, and, as stated, Pitney was removed to the Emergency Hospital for treatment. The witnesses of the occurrence exonerate the engineer from blame, saying that he did all in his power to avert the accident, for which, they claim, Pitney was solely responsible. —-_—_- Has a Quantity of Ice. ‘The Hygienic Ice Company {states that it has been supplying the other companies with ice during the time that a shortage was threatened. It is stated that the com- pany has 3,000 tons in storage and a capac- ity of 4,200 tons a month. a Held fer the Grand Jury. George Chandler, who was charged with the larceny of a bicycle from the Iroquois Cycle Company, was today held by Judge Mills in $300 bond for the action of the grand jury. ee Thrown From a Carriage. A horse, driven by Acting Coroner L. W. Glazebrook, stumbled and fell this morn- ing between 7 and 8 o'clock, while the doctor and his mother-in-law, Mrs. Cox, were driving in the vicinity of the Zoologi- cal Park, throwing them both from the conveyance. Both received painful bruises. The horse was injured and the carriage damaged. a Sixty Days in Jail. Frances Monroe, alias Frances Borlin, charged with keeping a disorderly house at 456 Stafford alley, was today sent to jail tor sixty days by Judge Mills. SSS After Superintendent Kimball's Place. Among the applications filed at the Treasury Department today was that of William Linn of Philadelphia for appoint- ment as general superintendent of the life saving service. Mr. 8. I. Kimball, the in- cumbent, has held the office desired by Mr. Linn through several administrations, and there are no indications that the present saministration contemplates displacing im. ———————_o+—____. No News of Portuguese Troubles. Minister Santo-Thryso of Portugal said today that he had not heard anything con- cerning the alleged revolutionary troubles in that country. He does not believe that anything serious has occurred, or he would have been informed of the matter. Mr. Meiklejohn Acting as Secretary. Assistant Secretary Meiklejohn is in su- preme command of the military establish- ment in the absence of the President and Secretary Alger. He has just returned from Kane, Pa., where he delivered an ad- Gress at the unveiling of a soldiers’ monu- ment yesterday. ———_-2+ If want anything, will get an answer, —_44+1__ Outing for Delegates'to Building As- sociation Leagut Convention, ee DISCURS FINAKGR N THE MORNING Views as to What an Association x MEMBERS AT: LEG SLATURES DETROIT, Mich., July 29.—Business was resumed promptly at 10 o'cl$ck this morn- ing by the United States League of Build- ing and Loan Associations, with the in- tention of making the day's session con- tinvous. The object was to complete all business by 3 p.m., so that the delegates could take @ steamer at that hour for.the St. Clair flats, where a fish supper was to be served as the final feature of the convention pro- gram. There was ia full attendance at the second day's session, and the reading of addresses proceeded rapidly with no delay and with very little discussion. Mr. Eldredge’s Address. In an address entitled “A Few Notes on the Management of a Co-operative Bank,” D. Eldredge said: “The authority to make loans on the part of the secretary of a co-operative bank Should be exercised with extraordinary care and great wisdom. Affairs in this line ought to be so conducted that if a question of a proposed loan reach the directors that would be presumptive evidence that it has Passed the ordeal of the secretary's scru- tiny and the committee's examination. A Secretary, if he is a good manager, will only bring before the directors for their action matters of superior importance, set- tling all others himself, but he should in no case go beyond the limits permitted by his directors.” The speaker gave his ideas as to the routine management of an asso- clation by its secretary; spoke of the bank- ing of the funds, the discharge of mort- gage, renewal of insurance, rental of prop- erty, payment of moneys on withdrawals and matured shares, and many other exi- genctes In connection with the affairs of a co-operative bank. Paper by A. J. Duncan. “The Rights and Duties of Building and Loan Association StockhoKers and Their Relation to Creditors” was discussed in a paper by A. J. Duncan of Columbus, dep- uty inspector of Ohio bullding associations, ae a brother-in-law of President McKin- ley. He said that the purpose of his address was to stimulate among those interested in the maintenance of the original prin- ciples upon which building and loan asso- ciations are based inquiries as to present rights and duties of members and their re- lation to creditors. Such increased inter- est, he asserted, with its accompanying broader understanding of rights, privileges and duties, would be the inspiration of more favorable legislation and the best de- fense against inimical laws. “At no time,” said the speaker, ‘‘has the public demanded more stringent legislation and protection against visionary and dishonest schemes under the guise of building and loan asso- clations than at present.” Mr. Duncan ccmmended the simple con- tract provisicns of the original Greenwich Building and Loan Society, organized in 1909, as a true test and reasonable guide for building associations, and one which the courts of England and America are dis- posed to recognize, in interpreting subse- quent legislation and decisions on these subjects. Right of Members to Borrow. The right of a member to borrow upon his stock or receive an advancei loan upon his shares might be called the corner stone of the system, and any departure from this fundamental principle was destructive of the whole scheme. The decisicns of our courts were uniform upon the point that the loan is an advanced payment upon the amount of stock which the member would receive when the scheme is perfected, and to the payment of which stock the mem- ber is bound. The general rule of allowing directors to determine the amount to be paid to a with- drawing member had been a stumbling block to the associations. The Ohio law, said the speaker, requires an annual dis- tribution to be placed to the credit of mem- bers’ accounts, thus placing the associa- tions upon the same basis in this respect as other financial institutions. Owing to the peculiar nature of the build- ing association business, receivers had to be allowed great discretion in settling claims in cases of liquidation or insolvency, and the line of action in such cases should be modified according to circumstances and the statutes of the various states. In con- clusion Mr. Duncan urged stricter com-, pliance with the foundation principles of] building associations, and closer observ- ance of state statutes relative thereto. Influence of State Leagues, “The Service and Influence of Our State Leagues” was discussed by James Clarency of Philadelphia. He spoke particularly of the state leagues’ influence upon legisla- tion affecting building associations, and gave it as his opinion that every state should have a specific building and loan law, and all societies be incorporated un- der it. “Our aim in Philadelphia,” he said, “has been to keep the associations purely, even severely, local, that we might build up a system in which the local committees would become interested, and thereby less- en the possibility of failure, either through defalcations or unwise investments.” He advocated the sending of at least one first-class building and loan man to every session of the different legislatures. Or- ganization by building associations for legislative purposes was also’ suggested. “Once judicious building and loan laws are placed upon the statute books,” con- cluded Mr. Clarency, “the state leagues should see to it that no speculative hand be allowed to alter or revise them for gain or any ulterior purpose.” Apportionment of Profits. Albert Barnes of Decatur, IIL, treasurer of the Illinois League, read a paper on “Apportionment of Profits.” He condemned the practice of apportioning at any time more profits than had been actually earned, and showed that unless an association had an &mple contingent or reserve fund, the shares in force, when a loss is met, must inevitably bear the burden, not only of their own proportion of the loss, but also the additional burden of that part of the loss which should be charged to maturing shares. Mr. Barnes cautioned secretaries not to hasten the time for maturing of a series, on account of importwnities of members or for any reason, no matter what the temptation to be able to announce “quick maturity of shares?” a SS Charged WithitheGullis Murder. LYNN, Mass., Jtily: 9.—Alfrea C. Wil- liams of Lynnfield Center was arrested to- day on suspicion of’ being responsible for the death of John Guilis, a farm hand, whose body was burned in his shanty on the Phillips farm at,Lynnfield, Wednesday morning. It is alleged: that Gullis was shot and robbed of a’sym of money, sup- posed to be in his hut, that the build- ing was afterward..fired to conceal evi- dence of the crime. —_s1—— Death of John,P. Lovell. COTTAGE CITY,/«Méss., July 20.—John P. Lovell of East Weymouth, Mass., head of the well-known Boston sporting goods firm, died at his summer home here totay, after sixteen days’ illness, following an at- tack of apoplexy, He was seventy-seven years of age. High Temperature at Salt Lake. SALT LAKE, Utah, July 20.—Yesterday was the hottest known here™in five years. The signal service ;operator reports the thermometer at 98 while at several poate onthe atcect the thermometer was se i Steamship Arrivals. —~ ;At New York, Havel, ffom Bremen; Pring Regent Luttyold, from Bremen; Lawyers Discuss the Date When It Went Into Effect. Seme Authorities Relied Upon by Those Who Oppose the Treas- ury Decision. The question as to when the new tariff bill became operative has become quite an interesting matter for discussion, not only in commercial and financial circles, but also among the members of the legal pro- fession. The Treasury Department has, as heretofore reported in The Star, held that the Dingley tariff bill became law at mid- night of the day preceding its approval. That is, that it is and has been law from the very first moment of the day it was signed by the President, although it was rot approved by him until after 4 o'clock of that day. This decision of the Treasury Department is challenged in both business and legal circles, where it is claimed that the weight of legal authority is against the contention of the Treasury Department. Three Distinct Doctrines. There are, it would appear, three distinct doctrines as to the precise time of the tak- ing effect of a statute, when by its terms it is declared to be in force ‘from its pas- sage.” According to one view the day of the passage of the act is excluded, and its operation dates from the day following. It is claimed that this rule has the advantage over the next one stated in that it does not give a retroactive effect to the statute, thereby avoiding hardship and injustice in many cases; and over the third view, in that it obviates the necessity of resorting to conjecture or the uncertainty of parol proof, or anything extrinsic to the law it- self, and the authenticated recorded pro- ceeding in passing it, in order to ascer- tain the exact hour of executive approval. In a western case, Parkenson agt. Brand- enburg, 35 Minn., 294; 59 Am. Rep., 326, Mitchell, justi in delivering the opinion of the court, sai “When a legislature de- clare that an act shall take effect ‘from and after its passage’ or ‘from and after the date of its passage’ it may be fairly presumed that they used these terms as exclusive of the day of the passage of the act. “This furnishes a certain and convenient rule which avoids serious practical dif- culties resulting from holding that the day of the passage of the act is to be included. Some of the authorities which hold that @ statute takes effect on the day of its passage take the position that it is to be deemed in force from the earliest moment of that day, and that an inquiry as to the exact hour of its passage is inadmissible. But it would seem wrong in principle that laws designed as a rule of conduct should by a mere legal fiction be made retroac- tive, even for a fraction of a day. To avoid this result the tendency now is to hold that the statute takes effect only from the exact moment of its approval, and that when necessary to determine conflicting rights, courts”of justice will inquire as to the exact hour of its passage. * * * By excluding the day of the passage of the act and holding that it takes effect at the beginning of the following day all practical difficulties are avoided, and the rule es- tablished, which is not only certain and convenient, but, as we think, entirely in accord with recognized canons of construc- tion. It is also in harmony with the usual method of computing time in other cases.” The Other Views. A second view of the matter is that such a statute becomes effeciive from the day of its approval, and has relation to the first moment of the day; this upon the principle that the law will not take cognizance of the fraction of a day. The third view, and | one which seems to be supported by the weight of authority, is that a bill becomes operative only from the time of its ap- proval that the doctrine that in law there is no fraction of a day is a legal fiction, which may be overthrown by the fact when necessary in order to accomplish substantial justice. “Accordingly, whenever a question arises as to the time when a statute took effect the court may resort to any source of information which, in {ts nature, is capable of conveying to the judicial mind a clear and satisfactory answer to the ques- tion, the best and most satisfactory evi- dence in all cases being, of course, required. The question was discussed with fullness by Mr. Justice Story in Richardson's case, 2 Story (U. S.), 571. After reviewing the English cases, Mr. Justice Story, speaking for the court, sai ‘So we see that there is no reason to assert that any such gen- eral rule prevails as that the law does not allow of fractions of a day. On the con- trary, commen sense and common justice equally sustain the propriety of allowing fractions of a day whenever it will pro- mote the purposes of substantial justic In Lapsyre agt. U. S., 17 Wall. (U. S.), 198, it was held upon the contrary that “An act of Congress, unless it is otherwise de- declareg by law, becomes operative from the first moment of the day of its passage; and, further, that ‘fractions of a day’ are not recognized, and ‘an inquiry involving that subject Js inadmissible.’ But it would appear frpm an examination of this case that the question presented for determina- tion was not as to the fractions of a day, but whether the proclamation of the Pres- ident bearing date June 24, 1865, took effect on that day, or on the 27th of June, 1865, when it was first promulgated by publica- tion in the newspapers. Fractions of a Day. In « later decision, United States agt. Norton, 97 U. S., 170, the court, while de- claring upon the authority of Lapeyre agt. United States, said: “We do not think this is a case in which fractions of a day should be taken into account.” And in Louisville T. P. agt. Portsmouth Savings Bank, 104 U. S., 469, the court says: “This language of the chief justice implies that there are cases in which the court would regard fractions of a day.” In Gardner agt. Barney, 6 Wall. (U.S), 499, it was held that whenever a question arises as to the time when a statute took effect, the court may resort to any source of information, unless the positive law has enactel a different rule. Decisions in Eng- lish courts are found in line with the above. There, in Roe agt. Hersey, 3 Wils., 274, the court characterized as a mere fic- tion of law the general proposition that there are no fractions of a day. Lord Mansfield, in Combe Pitt, 3 Burr., 1423, expressed similar views, holding that “though the law does not in general allow of fractions of a day, yet it admits it in cases where it is necessary to distinguish,” said his lordship, “and I do not see why the very hour of the day may not be so too, when it is necessary ard can be done, for it is not like a mathematical point which cannot be divided.” These are same of the authorities relied upon by thcse who hold that the new tariff bill became law only from the moment of its approval by the President, and that in all cases arising under it where it becomes necessary to so do, proof as to the very moment of its approval is and must be admitted. Hundreds of thousands of dol- lars are at issue in the matter, and there is little doubt of the United States Supreme Court being eventually called upon to de- cide the question. Not a Final Decision. It is not understood, however, that the decision of the Treasury Department about which there fs now so much discussion is to be considered as final even for that department. The officials were suddenly called upon to determine when the new tariff law went into effect, and they nat- urally selected the date which would be most advantageous to the interests of the government, leaving the importers who felt aggrieved by the decision to present their reasons and auchorities for a different ruling in a formal protest against the pay- ment of the duties involved. SEIS Clerks Will Be Furloughed. Recorder of Deeds Cheatham stated to a Star reporter today that he will, in a day or tw9, furlough for thirty’ or sixty days some eight or ten of the copyists employed in his office. The recorder explained that the furloughs have become necessary be- cause of the t falling off of t! son are aisces eee The persons furlou: he .further ex. will be; he thinks, early in the fall “- About 500 pairs boy linen crash and pure Last 2 days before stock-taking Will be memorable days here at Hecht’s. mense values—the cutting to the core of costs and below. other sales heretofore will be pygmies compared to. it. If you haven't been convinced of Hecht's ability to undersell others tomorrow is a good time. The privilege of easy payments extended everybody who desires it. Millinery never sold for so little —handsome flowers, stylish trimmed and Memorable for the im- All untrimmed hats and ex- quisitely pretty ribbons never were priced so little, just because we want cash instead of them. Oc. for hats which sold up to $1.25, © consisting of fancy shapes and Short-back sailoms and a lot of ladies’ 1214c for choles of a tabie fall ‘eof pretty flowers, consisting of geranhim foliage, buttercups, fleld flowers, violvts and Illes of the valley, which sold up to 40, 71 2 yant for a lot of moire eth. “Co one, in all colors, which are wrth mo less than Ie. a yard. 16c. 2.2" 2.2 2 t ue o striped all-silk ribbons, Roman plaid taffeias and plain moire taffeta rity bons which sold fer double3% and 4 Inches wide, and all colors. 25 © yard for lot of fancy edge taf. Co feta, satin end «ilk gauze rth. Dons and xtripe motre taffeta ribhons—4 inches wide and in all coloms—which sold for 5%. a yard and more. Almost nothing for wash skirts & suits, &c. for lot of ladies’ white snd colored narrow featherbone braid; o! trimmed with pique and the linens mostly are trimmed with thoroughly tailor-made, high-class wash sults. —tfor your choice of a lot of 40¢. hound; sold for as bigh ‘© separate table, aud there's a big variety from which to pick, you ought to buy them three and four ers are trim *nowelty” duck, 1 te and colored pique, crash trimmed with some J with strays of sateen: some * check walking skirts well lined and f the season. You'li find them on a At this price “at a clip.” Tot of Cream Bedford Cord Skirts, with decp bems—well made—reduced to 59 cents. Pure Grass Linen and Linen Crash Skirts, in pretty striped patterns, splendidly mad» and sold for $2 until recently—to go for 99 cents. Fall width and good dependatle Mack grenadine skirts—velvet bound 99 cents. to go for Lot of ladies’ figured India silk shirt waists, with detachable white linen collars —yoke backs well made—sold for first of the season to go for $1.29 each. $4.98 $7.50 for a ladies’ new fall suits Of elegant quality cheviot serge—tailor made throughout — silk lined—fiy-front reefer effect—proper style of sleeves. A bargain in- deed, and ycu’ll see them shortly in the windows about town sell- ing for $10. 12 a yard for a lot of Mack, Comnite and cream French laces —3. 4.5 and @ inches wide—which sold up *0 40r.—on a sepanite table. a 4. and linen suits, Some trimmed with wi ° : : of the piques are rimmed with dick of all colors; sg m= of the erashes ar> refer and blazer effects—ali made for this season's sell’ng—all this s*ason's styles—and all he first lot you will find a great y of India linon, lawn, percale and madras shirt waists—newest collars and cuffs—made with pointed yoke backs —very handsome styles—which sold up to $1—-sell- ing for cents. Your choice of a lot of Ladies’ White Ribbet Vests, low neck and short sleeves, th tape— as are usually sold for 44 cents. Ladies’ Dropstiteh Which is sold Will be cffercd tomorrow far ge. pair. Lot of Children’s Fast Black Ribbed Hose with double feet—i5c. values for Ohc. pair. Some splendid 4th floor Sacrificing the shirt waists. Here are the shirt waist values that ha sensation all the week. They are profitless prices, but they are clearing out the immense surpluses we have. Two lots. ve been creating such a In the second 19 ao are offered the holes of all the high-class Ia and satin striped grass 1 J lawn and lace lawn all with plain Aeiaehate collars which sold up to $21 ble—selling for AQ Sa most Mnen daintiest stylex imag A table ruil ers and) Cors clusters of smtil Hamburg emso to lane tr ebon_insorting for 7%. and Ye 39 cents. eet eatrasoateogoaroegeatoatsslenfoasoaseatonsoots afeesontoasoesentoaroeseazoaseeieetentoateereasoeseese for your choice of a !*: of ladies’ splendily made per- cale and lawn wrappets—made in the newest style— some braid trimmed—wide, generous skirts — proper sleeves—and stylish at every point—garments which were made to sell for as high as 98c. Boys’ crash pants | Linen knee pants—splen- @idly = made—all sizes— Which are regular 2c, values—will go on sale tomorrow morning at 12} cents. Mothers’ friend waists. To make te boys’ de- partment very busy I let you has. ers’ Friend”’ s! made of fine Sea Island percale, with patent but- ton bands—which sell reg- ularly for Sic.—for 47 cents. Wash suits, 49c. Nearly 500 boys’ gala- tea cloth (the very finest quality) wash suits, with wide saflor collars trim- med with braid and cord- ing, finished with wids- tes and cords—such as are selling sbout town for 85e.—go for 49 cents. A big deal in men’s furnishings. We have bought several thousand dollars’ worth of the surplus stock of } orth Bros. & Strauss, the largest makers of men’s shirts in this country. The immense purchase has been divided amongst the six Hecht stores, and goes on sale tomorrow. you men ever bought. All of their fancy pervale and madras bosom muslin body shirts for men—in the most desirable patterns—with pair of link cuffs, which were sold for $1 and $1.2%5 fist of the eeason—go for 49 cents each. 1,000 dozen men’s finest quality percale neglige shirts, with attached collars and cuffs—hand-finished and —band-iron-d—50 handsome, stylish pstteras—made to sell at retail for $1 and $1.50—for 39 cents. 500 dozen pairs men’s fine imported half hose—black snd tan, with fancy embroidered polka dots and randoms— seamless and splendid quality—the 2c. sort for Ee 9c. pair. Greatest values 5 cases men's balbriggan shirts and drawers—a fine quality of yarn—double clastic stitched—taped seams—2 shades ght blue and mode—usual 35c. sort for 19¢. each. 500 dozen men’s fancy bordered pare linen hundkerchiefs—just like those for Which you've been paying 25c.—go for 8} cents. 1,000 dozen meu's 4-ply 2100 Mnen col- lars and cuffs—there are twenty different styles among the collars, and they'ze the identical styles which sell for 15e.—cuffs for 25c. They'll go like this— Collars, 6}c. Cuffs, 9c. 200 dozen men's soft-bosom madras neglige shirts, with one pair link cuffs— really dollar values—tor 49 cents. :Men’s $1 and $1.50 straw hats, 48c. Don’t be deluded! We've been around—looked at the 48c. straws which others are selling and you can do the same. You'll see at a glance that theirs were never more than 6sc., and yet we offer you the choice of hundreds which were immense variety—for 48 cents. $1 and $1.50—an Lot of boys’ and children’s straws on a separate table, mduced from G0c..to Ic. Lot of boys’ yacht straws, in plain and fancy straws, reduced from @ dollar to 29c. HECHT COMPANY, 515 7th St.