The evening world. Newspaper, October 5, 1911, Page 20

TOBAGO TR TRUSTS UNCLE SAM SUES TRADEMARKS ARE ATTACKED Monopoly, ~ Aifodge ileal, | Cannot Protect Its Valuable Names, Is Claimed. 18 A VITAL Is So Far Reaching It May)» Extend Standard Oil Products. | to C@harier Durhkina, to-day raised a point in the ev: A supplementary answer to # sult fied by the American Tobacco Company againet the Old Indian Mill* In the answer the attorney asserts that, as the Tob: ist hus been ad- jadmed by tt violator of the Intersta «it has no t to demand protection for its trade- marke by enjoining infringements, Many of the most valuable brands, Yoth of the Tobacco Trust's output and | ° of the Standard Of Company's produc ton, are protected by trade-mark, by ersen the puying knows the goods. Th ts obvious t appropriate the trade trusta a wide and Ad follow Judge Lacombe destined to page on the merits of the contention. He contented Himself by writing an Indorsement on the answer, In which he granted leave te Me the papers, and left all quostion | as to the validity of the issues open ‘The anit, to which the answer was filed, was Inatituted by the Amerigan Tabacco Companys, for the purpose of enjoining the Old Indian Snuff Milis from using the word “Copenhagen” as a trade-mark for @ brand of muff. The complaint stated the American Company had fogintered its trade-mark under the act of Congrena Replying by permission of Judge Le- combe, the Old Indian Mills Company sai the American Tobacco Company was adjudged by the Supreme Court of the United States to have violated the acts of Congress by maintaining a mon- opoly and restraining trade They as- ert @ company, tn such @ legal position, may not come into an equity court and initlate @ complaing. ‘It fs an axiom of the equity courts,” ays the answer, “that one who sceks equity relief must come with clean ands” Then the defendant charges the To- Yacco Trust, under the dissolving de- ciston, bas been shown to be without clean hands and its right to protect ite trade-marks therefore denied. In the case of the Tobacco Trust the principle, 1f it 1s upheld, will haves wide us loss will mJ by the concern, including cigars, amoking tobacco, cigarettes, licorice and the other lines, is known by a trade- mark name. In many cases the name is ‘the most valuable pact of the output, having had @ run of public favor for many yeara, Carried beyond the mere tasue of the right to protect a trade-mark, the issue may be found to extend to a muititude of bikger propositions, in which the new answer would contend that any sorporation, convicted as a trust, would | Jose the legal right to protect taelf and | it. reste. J Lacombe's omer allowing the anew. to be flied, stated In granting this application to file an amended or supplemental answer, the Court is not to ve understood as expressing an opinion, one Way or the other, ax to whether the new defense proposed to be set up would er would not be worth anything. All thet ia decided ts that the long delay tn! moving to be allowed to interpowe such |! defense ts sufficiently excused.” —- Memorial to Orr and Jesup. cana of A bronze tablet bearing in baa relie¢ | arrested development of the bust and will give e the portraits of Alexander 1. Orr and Morria K. Jesup waa unveiled at the Chamber of Commerce to-day. The tablet 19 in appreciation of the efforts | of both ex-presidenta of the Chamber to necure the erection of the magnin- cent building in which the Chamber is Housed, and the unvelling was by James @ Cannon, chairman of the committes. executive New York’s Breakfast . For Over Thirty Years We cook H-O Oatm mill—you cook it on That's wh 4 —healthfu That's gives it that distinctive, deli- cious flavor. It reduces breakfast and worry 8335% Cuts the fuel bill. Lets you sleep an our. Jution of the Trust question under the | the men, went Into seg A} and Tobacco decisions Ile | Ht has not ae y Tacombe, in| Procure! from Allan and Collins any tn . 4 t © show how they got the United States Circuit Court, to file | formation tending to show how they x: them how to and what wit of customs graft that reached {nto large figures. LOSES HS MEMORY old, Cal, Union Square Park to-day and his ming hour after he had been taken to Mt Vincent's Hospital. memory an swiftly as it left him. to-day was accompanied with vertigo. Aa he started to fall a man caught him. | He did not become unconscious, but he scope, Every one of the loading articies| Could not anawer any questions. When ho had recovered his memory in the hospital he told the doctora he had | suffored his first attack of apharia April 18, 1908, n the midst of the Francisco earthquake. ered for hours about the stricken and | To Develop the Bust, clap it Test for the present styles fed, ao neat Them any ‘larger tut toy Dust without increasing the sige of the | a trial packs | everywhere except a geners ALLAN AND COLLINS i pa buTY Attorney Hoenrr in the United collect forfeit: duty aggregating $296,000 from en and John R. Collins The | the value of the jewels country by the two Dwelle, and for n Was fined $12,000 | Helen 4 and demands | judgment for Jue of the list. | In addition the Government ia entitled upon | 10 $2%6,. ta trys | ng idea nal to be a par smuggling sy @ and dollars’ | ought inte | Tt Was learned to-day that Allan and oso far falled to make involving # prominent . freely used by « cons lelala they must | P an agreed mark was to be pas: ut inspection, thus involving a bit ON BIRTHDAY, JUST, ASHE DID BEFORE Christian De Wein, sixty-three years & retired merchant of Berkeley, was atricken with aphasia in was a complete blank until half an He reoovered hin The Californian’s attack of aphasia He had wand- 1 gm om cohamet of my thin buat that 1 want | you it there is-any harmless to de My hive and tho rest of 0 fat that 1 would try anything that gave ‘hope mot wy) three or four more inches development. ARY The only thing 1 know of that will ions the Moe, or ymitting on flow where not needed, is a put up by The Dr, Kelly Co, mall and undeveloped breaats of 8 woman physician, whoee pee b N of ‘the ‘treatment without charge 10 be of great value i | 40K A. Bott Thin ts said fol, Deautiful form without any one knowing that the treatment was used. sbrunken, to made them ul nat formas, ja bad effect mid 1 ree om, aa they increase the h the present styles the fort e iy developed bust Adrt. attack, day, fourth attack came Tt takes more than two hours to cook oatmeal properly— to make it health- ful. eal two hours in the ly 20 minutes. it is so digestible—nutritious what work extra ‘THE EVENING WORLD, TH URSDAY, ans ah Al oe ME OCTOBER 6, 1911. Serotne tty vetore he came to hie letic bulld has always he left the sald he wa bis Whe 1 His general health, been excellent, Sanelly one year later and almost at Oi ie alae | the same moment he suffered a second Half @ year tater, on his birth- he had Ne third attack, The day. via the Ne at the Hote Bulletin. FIVE MINUTES FROM WALL STREET, It is only five minutes from the heart of the downtown financial and business district to the Hudson Terminal at Church and Cortlandt Streets. Special electric trains leave the Hudson Terminal and run through the Hudson & Manhattan Tubes and over the tracks of the Pennsylvania Railroad to Manhattan Transfer in sixteen minutes. Direct connection is made at Manhattan Transfer with the through trains of the Pennsylvania Railroad to Phila- delphia, Baltimore, Washington, and the South; to Pittsburgh, Cincinnati, Cleveland, Chicago and St. Louis. This through service between the Hudson Terminal and Manhattan Transfer brings the service of the Pennsylvania Railroad into the very heart of the downtown district, and provides a quick and easy means of connecting directly with Pennsylvania Railroad through trains. The Hudson Terminal is only one block from the Subway at Fulton Street. Brooklyn passengers by using the Subway to Fulton Street and taking the Hudson Tube Special trains at the Hudson Terminal, can make quick connection with Penn- sylvania Railroad trains. The two terminal stations—Pennsylvania Station at Seventh Avenue and 32d Street, and the Hudson Terminal at Church and Cortlandt Streets—accommodate travel from all sections of New York—the uptown hotel, shopping, and resi- dential districts, and the downtown financial and business section. JAMES McGREERY & CO. 23rd Street 34th Street 54 YEARS OF GROWTH IN MERCHANDISING ATTRACTIVE PRICES On Friday and Saturday, October the 6th and 7th SOROSIS SHOES. In Both Stores. Womea's Boots and Low’ Cut Shoes in the latest and most fashionab e models. Made of Dull Kid, Tan Russia Calf, Suede, Craven- ette and Patent Leather. 3.56 pair value 5.00 FUR DEPARTMENTS. In Both Stores, French Seal Coats with long shaw! collar. Heavy Brocade or Plain Silk lining. 52 and 54 inches long. g0.00 value 125.00 Caracul Coats with deep roll collar. Plain silk lining. 52 and 54 inches long. 75:00 value 95.00 Hudson Seal Coats, Jong shawl collar and deep cuffs, fastened at side with large ornament. Brocade Silk lining. 54 inches long 125.00 neva value 175.00 MERINO UNDERWEAR DEPTS Women's Milanese Silk Union Suits, tight knee 2.50 a value 3.75 Women's Cotton Union Suits, Medium weight. 85¢ pa value 4.25 Knitted Worsted Slippers 50c RPA DH aS. value 1,00 ‘Children’ s Outing Flannel Pajamas. soc rr value 75¢ WOMEN'S HOSIERY. In Both Stores, Fine gauze weight Pure Thread Silk, with double tops, cotton or silk soles. Black only. goe pair 6 pairs for 5.25 value 1.50 pair Fine Cobweb weight Lisle Thread, with double ravel stop top and extra spliced heels, soles and toes. 6 pairs for 2.00 value 3.00 Fine gauze weight Cotton, with double tops and extra spliced selvage, heels, soles and toes. 6 pairs for 1.60 JAMFS McGREERY & CO. 23rd Street 34th Street Mr, De Wein te a large man of ath-| he says, | and when | PENNSYLVANIA RAILROAD In Both Stores, JAMES McGREERY & GO. 23rd Street 34th Street 54 YEARS OF GROWTH IN MERCHANDISING ATTRACTIVE PRICES On Friday and Saturday, October the 6th and 7th MEN'S HABERDASHERY. Im Both Btorea, 900 Rain Coats, of English Grey Mixed ‘Tweeds and ‘an Double Texture Cloth | ‘3 12.00 vadues 48.00 and 22.00 400 Rain Coats, manufacturers’ samples. ‘Tan or Grey: 8.50 values 12.00 and 15.00 1200 dozen Four-in-hand Scarfs, made | of English Silks and French Satins. Plain | and fancy colors. 55c¢ each, 14 dozen 3.00 values 1.00, 1.50 and 2.00 each too dozen English de Joinville Folded Four-in-hands, mat panel design. 1.00 value 1.50 200 dozen Pure Silk Knit Four-in- hands, fancy accordeon weave, Roman stripes. 1.25 value 2.00 200 dozen Pure Silk Knit Four-in-hands, accordeon weave, hobble design. 1.65 value 2.50 500 dozen Men’s Gloves-—Perrin and Domestic makes. ‘Tan Cape Skin and Grey Mocha 1.00 per pair value 1.50 600 dozen Shirts--soft, plain and plaited | bosoms. Various materials. 1.00 value 1.50 750 dozen Shirts—soft, plain and plaited bosoms. Made of Imported Madras and Percale. 1.25 values 1.50 and 2.00 500 dozen Shirts——anade of English Flannel, | Silk Mixed Fabrics and White or Colored Madras. Custom finish. 2.00 values 2.50, 3.00 and 3.50 Pajamas of Outing Flannel and Mer- cerized Materials. 1.06 value 1.50 15¢ dozen Pajamas, made of White or Colored Scotch Madras. Regular and extra sizes. 1.35 value 2.00 200 dozen Pajamas, custom finish. Made of Scotch Madras in plain colors and stripes. 2.00 values 2.80 and 3.00 75 dozen Pajamas, made of Silk Mixed Fabrics in plain white and colors, also Mer- cerized Cheviot in neat stripes. 2.65 values 3.80 and 4.00 100 dozen Night Shirts, trimmed in white and colors. Size 14 to 20. 65c value 1.00 Waistcoats, made of English Worsted and Cheviot. 2.45 value 3.50 to 5.00 Hemstitched White Linen 25c each, 1 dozen 2.90 value 35¢ each, goo dozen Handkerchiefs Pure Silk Kuit Motor and Dress Reef- ers in White and Pearl Grey. 3.50 value 5.00 All Worsted Grey Sweater Coats. 3-75 value 5.00 Dressing Robes of English Worsted, cus- tom tailored. 9.75 value 18.00 450 ‘Terry and Woolen Blanket Robes. 2.65 and 3.50 values 3.50 and 5.00 Terry Bath Robes with Slippers to match. 5-50 value 8.50 v JAMES McCREERY & GO. 23rd Street 34th Street SUNDAY WORLD’S Simplify Home-seeking. by saving time, temper and tramping. var JAMES McGREERY & CO’ 23rd Street 34th Street: 54 YEARS OF GROWTH IN MERCHANDISING ATTRACTIVE PRICES. On Friday and Saturday, October the 6th and 7th MEN’S HALF HOSE. 1m Both Stores. 500 dozen, Fine Ingrain Silk with Cot- ton soles, heels, toes and tops Black and colors. Size 914 to 1114 in. 4s5c per pair 6 pairs for 2.80 soo dozen, Pure Thread Silk with lisle spliced heels, soles and toes. Black and colors. 1.00 per pair value 4.38 250 dozen, Plaited Silk and Lisle Thread, various color combinations..........' 25c¢ per pair value Soe MEN’S UNDERWEAR. 200 dozen, Furley English Gauze Natural Drawers. In Both Stores. and Buttrum’s Wool Shirts and 1.75 per garment value 2.40 to 3.90 too dozen, Madras Knee Drawers and Athletic Shirts. soc each value 756 MEN’S UMBRELLAS. Eight rib paragon frames, covered with extra quality Taffeta Silk. Various plain and fancy handles. 2.85 value 3.50 to 5.00 In Both Stores, MEN’S AUTOMOBILE APPAREL. In Both Stores. English Rainproof Automobile Coats of Chinchilla, Cheviot and Frieze. All the latest styles in siagle and double-breasted models with Raglan or plain shoulders. 28.50, 32.00 and 35.00 values 30.00, 35.00 and 37.50 BOYS’ CLOTHING DEP’TS. School Suits of Blue Serge and Mixed Cheviot., Norfolk model, size 8 to 14 years; Double-breasted model, size 10 to 17 years. 3-95 per suit value 5.00 In Both Stores, Combination Jacket Suits ,with two pairs of trousers. Norfolk model, size 8 to 14 years; Double-breasted model, size 10 to 17 years. 5.50 value 6.75 + Reefers of Mixed Cheviot and Germania Chinchilla. Size 3 to 12 vears. 4.95 value 6.50 Overcoats with convertible collar, made of Mixed Cheviot. Size 10 to 17 years. 5.00 value 6.75 Students’ first long Trouser Suits of all Wool Mixed Cheviot. Size 15 to to years. JAMES McGRFFRY & GO. 23rd Street 34th Street esi Raab 22a Purses are fi‘led--nearts m made glad or/d\Vant Ad