The evening world. Newspaper, December 20, 1912, Page 30

i { World The Evening Ltn act ESTABLISHED BY JOSHPH PrLiTZEn. Published Daily Except Sunday by the Press Publishing Company, New York. RALPH PULT wident, 63 Park J. ANGUS SHAW 63 7 JOSHOPH PULITZER, Row, Treasurer, Jr, Secretary, Jans Matter, to The World for the United States and Canad! + $3.50] One Year... .80|One Month.. sees NO. 18,746 THE CASE OF THE CUCKOO. N ITS FIGHT against the Cuckoos—advertisers who steal pub licity by inserting their own advertising sheets in regular issues of The World, even as the outcast cuckoo lays its eggs in other birds’ nests—cxactly where does this newspaper stand? Readers of The World and those who pay honest :noney for advertising in ite pages have a right to know, The World a duty to those who buy it and to those who od- vertise in it. The former should not have to complain, as they do @onstantly, of extraneous advertising matter foisted upon their atten- tion as a regular part of this newspaper. The latter have a right to @emand that space and publicity for which they pay shall not harbor and give circulation to deadhead advertising which, instead of pay- ing its way, steals it. To protect its readers and advertisers The World purposes to @rive those Cuckoos once and for all out of the nest. Two days ago Justice Foster in General Sessions affirmed ti earlicr judgment of Magistrate Freschi that newsdealers who insert advertising circulars in the pages of the papers they sell are guilty of disorderly conduct or misdemeanor, punishable by criminal pros- ecution. Pending action in a case brought by the Press Publishing Com- pany, which publishes The World, against a particularly persistent and pernicious Brooklyn bird in the shape of a department store company known as “The Berlin,” Supreme Court Justice Stapleton has granted an injur.stion restraining this department store from di- Teotly or indirectly inserting its own advertising sheets in The World. The principles of justice and fair play upon which the injunction | rests will be plain to everybody. Justice Stapleton pointa out that The World has built up at) great cost of care and money a reputation with its readers and ad- vertisers for availability, serviceability and wide circulation. ‘Ihat reputation is seriously and unlawfully damaged, this newspaper con- tends, by the action of the department store company in causing to be inserted in its regular issues sheets which the reader naturally assumes to be part of The World’s advertising. To the contention of the department store that when The World has sold its copies to a newsdealer “it has no right to project its con- trol bevond its original sale,” Justice Stapleton acutely answers: The sale. by a publisher, of newspapers to a newsdealer is the Continent and WANTED AT Tue CURRAN RIGHT Away | You ARE WANTED AT THE MAYOR OFFICE | | | distinguishable in many respects from the sale of other market- able commodities, as, for instance, clothing and groceries. Pro- ducers of the latter have in them no interest that extends beyond the | sale to the distributor, while in the case of a newspaper it is to the | interest of the publisher that It be not surreptitiously cumbered with extraneous matter, as it ts to the Interest of the advertiser that its contents be not depleted. The sale \s for circulatton; and that the publication be dis- tributed in form and substance as issued, without improper or unfair addition, subtraction or defacement, s Implied from the circum- stances of the transaction. The sale of the commodity by the plainttff does not involve the impairment or destruction of Its right ~ to protect and control its advertising business, | “Conld the defendant, before distribution, leave out any part of the-advertising pages?” ‘To which pertinent query the Justices | * adds; “If the publisher has no control which survives the sale, I cannot see why this could not be done with impunity. The statement | that it could be done is destructive of its own soundness in any systen | of jurieprudence having justice for its object.” As to the question of intent, the opinion is equally clear: | The obvious purpose of the defendant was not alone tosecure distribution of its advertising matter, but to tack such matter on to the plaintiff's publication, to Impress some persons with the belief that it was part of the newspaper, to trade on the favorable reputation of the plaintiff In an unfair and fraudulent manner by the | use of an ingenious device which, unless the design be as suggested, is otherwise useless. What was the purpose of the defendant in resorting to the device? Why the similitude between its sheets and the plaintiff's pages? Why the physical incorporation of its sheet within the folds of the newspaper at the time of distribution? Why the Imper- fect attempt to warn, in print, that the similitude should not be \n taken for thet which i appears to be? THE SCHEME IS PLAINLY A DESIGN TO DECEIVE THE OR- DINARY READER, CASUALLY READING, INTO BELIEVING THAT AN EXTENSIVE ADVERTISEMENT OF THE DEFENDANT IS PRINT- ED IN A NEWSPAPER of recognized efficiency as an adverising medium. ah not essential that the simulation be perfect and complete if it be such a resemblance as will probably deceive the widinaty Teader, “The device of the defendant is doubtless of modern origin says Justice Stapleton. Among ten it is, But the cuckoo got a bad name among birds ages ago for just such practices. Not only does he foist his eggs upon other birds but, curiously enough, scientists have asserted “that | the egg of the cuckoo resembles in color that of the eggs normally | laid by the kind of bird in whose nest it is placed.” The likeness is perfect. Our publicity stealers conduct them- selves like cuckoos, They ARE cuckoos. And against these omi-| nous hirde The World, for the benefit of readers and advertisers who trust ii, is determined to uphold the honor and good name of its nest. acne I‘ THE DEATH of Will Carleton the older generation loses a favorite poet and a friend tried and true. “Over the Hills to the Poorhiouse” and “Betsy and I Are Out” a country classics, On thousands of “sitting-room” shelves a well-worn volume of “larm Ballade” holds an honored place. For many @ year Carleton’s lines have slipped easily and jovingly from lips that never learned the gilt- edged pocts. a i ‘ Thursday. Fo the E:isior of The Evening World To the Editor of The Evening World: Which of these statements is correct?} On what day of the week did Feb, “A man must be American born and | is, iss6, fall? M. BE. Vv. 912, hy Tue Press Pablisting Oe, New York Evening World), Jarr and lis employer ca: r the blazing portals of Gus’ popular house of call at the cor ner the old man drew back # bit and a \ahiver went up his plastic spine beneath his rich fur coat, A rich man does not itke to be in |@trange places unguarded by private secretaries, office boys, parasite friends or an expensive wife—the last seeing nobody gets unything from her husband because she feels tt is helng taken from “Cheer up! advised Mr, Jarr, who Roticed ‘his boss falter. “I am only Showing you how the other half enjoy themrelves, We are not going slum- ming. “Call me ‘Mr. Brown' when we get inside!" whispered the boss, mix on incognito stuff,” Mr. Jarre airily, “We among saloonites, not soudrettes All the familiares of the place were present; Mr. Slavinsky making conver- sation with gestures to Muller and Raf- ferty, and Mr, Michae! Angelo Dinkston, on the outside butting in, “Friend of mine,” sald Mr. Jarr care- leasly. ‘The group in front and Gus behind the bar regarded them carelessly and went re- fis father must have been born in Fagene ©. Schmits, America to become Prosident of the| qo the Editor of The Lrening Word: Walter States, or American born and his father may be| ai the time of the earthquake? Dirt" . BMD Mae Y. a — q mas presents?” furs that he won't be able to rai any salarios for at least a year.” your boss giving out any Christ- fb Indeed he is. He's just bought his “A mag must be; Who was Mayor of San Francisco| daug*tera such expensive Christmas Daily Magazine, Friday, December 20. 1912 ‘The Press POLICE INVESTIGATION THE INSPECTOR WANTS TO SEE You Such Is Life! 3& - merits, $8 By Maurice Ketten You Are WANTED AT POLICE HEADQUARTERS P THERE ! You ARE WANTED AT Te NIGHT CaurRt " with thelr arguments. Mr. Jarr’s employer felt hurt that hts induction had caused so little excitement. Here Was a saloon and no man with a heavy lack dyed mustache—a man wearing @ check suit with a sack coat with a silk hat and eke a red necktie—had stepped forward and sald: “Tip us your filpper, old sport! You're Just in time to plok out the winning card!’ e ‘There was no such Individual in steht, The crowd was an utterly commonplace one. Mr. Jarr’ had been so busy setting rich when @ young man and so bothered keeping rich when older grown that he had never been tn a corner sa- loon before, Mr. Dinkaton had edged into the larg- HMR CR ARERR ME OH WOH HHI Mr, Jarr’s Boss Discovers How the “Other Half’? Spends Time and Cash ‘SSO a 628 eH ask I aD a8 HS, 6 BIH eH ela 2 9 2E 3H OR Jarr could have told him they all held, vial gregariousness. Let all expend Knockout drops if one took a drop too |from their store. Let the rich give dross | Christm: est group and Into the conve: nm by tho time the boss hac noted the absence of the saloon grafter he had seen #o many times in pictures, Mr, Jarr's em. ployer was now gazing at the bottles behind the bar and wondering which one contained the knockout drops. Mr. much out of them, “Wo mustn't cavil at the spirit of Mr, Dinkston was saying. “It 1g more blessed to give than receive. Call me a sentimentalist if you will, but from their plethora of possess: the merry invoke mose dist! a tea “I don’t know what he means,” said Gus. “Bit I think what he is trying to i let sibilities; the lachry- never let {t be said that I was a Spug!” | say is he wants ‘a smile.’ And if he “Vat did you ever give anybody, loaf- | don’t get it he’ er what you are?” asked Mr. Glavinsky | “Let him cry 14 Beppler. ‘‘T ain't superci!iously, “T give good will! I epread Chriat- mas cheer! I radiate {t! It emanates from me! As the poet says: ‘He gave to Misery all he had—a tear!" Mr. Dinkston wiped ihis eyes. “What good will a tear do me?” asked Slavinsky, “IT know so many things I could ery about myself.” “There are other emotions. And who cannot give a smile can give a te for the pathos of the Christmastide, explained Mr. Dinkston, ‘I am a spend- thrift of emotions, Dross have I none, but I can impart psychic and physical manfestations of my aptitude for jo- had @ good laggh since my customers Started to do their Christmas shopping early—but not in my butcher shop."” “What good would a tear do me’ asked Gus disgustedly, The others nodded their heads, “Them commotions"—— “Emotions,” corrected Mr. Dinkston. “Well, whatever they are, they caa't be cashed here," sald Gus. ‘I wouldn't be interested if he sneezed. None of them things atn't good for nothing.” “If somebody would cough, however?’ suggested Mr, Jari ‘Yes, it's time,” remarked Gus, look- ing sharply about, “What will your 66 YM always wastes a lot of time TT talking to the customers.” The grocer nodded toward one of his clerks, “If he didn’t turn in a Jot of big orders, I'd be handing him His shrug of the shoulders as he hur- ried to watt upon a newly arrived customer was at least a hint of the blue envelope for the too loquactour Tom, ‘The traveler, watting, took stock of Tom. He was an undersized chap with rather pleasant, friendly manner. The woman on the other mde of the counter from him had just rapped out an order tor a dozen rubber rings, ten cent quailty?” samples of both, says the Chicago Tribune, ‘These red rings at ten cents (a do: on certainly give better service. We sell three dozen for a quarter, If you have much preserving to do—" “T belleve I'll take a quarter's worth," rejoined the customer, ‘Tom quickly wrapped them up. “Fine day, ten't It? This sort of weather will bring the fruits along, Peaches ought to be in pretty soon now, We buy ours from some of the best growers, 90 we can be sure of good picking and good fine peaches for preserving, we'll be giad to take your onter for future de- livery, It pays to use big, Peaches for preserving.” might telephone me when they're tn." ‘ery much pleased, Have you e “I'll be wanting @ couple of bushels! when they get down to about $. You! alesman ts the chap with the kn: How the Talkative Man Sometimes May Win Out. "Do you prefer the five cent or tho quired as to coffee, tea and half # dozen Tom handed her | household staples. | quality, If you want to be sure of some | dollars and elghty-two cent: sound | friend,” he whispered, yp ou led the new style of scaler, They|to buy in the Arst place,” jand I've waited on two customers in the jcustomer, silently handed him the du- friend wearing the Newfoundland dog have? he added when Mr. Jarr made the gesture of hospitality. Mr. Jarr’a bots signified he'd take a little sherry, “Amontillado,” he suggost- ed, “Don't be fussy,” satd Gus. got that Armadillo label.”* “I will wager that I have coughed and brought good cheer," said Mr. Dink- ston, returning gallantly to the charge. ‘T'll bet you never coughed and brung It at all, When did you?" asked Gus, “Listen,” replied Mr. Dinkston, “Whenever I see Berry, the undertaker, was running short. ‘If you have much|standing at his door looking disconso- preserving to do,” suggested Tom, “It | late vecal only thing dead 1s busi- would be worth while to get @ hundred j ness, I stop and give him a cough that pounds.” cheers him up with expectancy and A moment Iater ‘he was calling Mrs. | nope.” Customer's attention to the store's line} «7 treat!” sald Gus. of pickling splces—all perfectly fresh! “trow very interesting!" And the best quality-—and suggesting a! ate, Jarr's employer. trial of catsup flavoring at 25 cents ®| or my coat and stay awhile." bottle, Then, in a few wprds, he !n-| And he removed the garment that Gus had likened to a Newfoundland dog. come a bit higher than the old-fashioned sort, but you don't have any trouble with the rims that don't ft. Would you Uke to try a dozen?” He jotted down the woman's ordi “And have you plenty of sugar?’ The woman recollected that her supply murmured “T think I'll take —_—_— ‘Tho proprietor hustled back. “Doesn't that aggravate yout’ he Tw t. growled to the traveler. “That fellow's iligh through gossiping with that woman, vening twilight, but, WERT Is th ‘There's sadness tn tasks are done; same time.” ti Just came in to buy & cents worth of rubber rings," rejdined the traveler. “By the way, Tom, how much wag that woman's order?" called the boss, ‘Tom, going “fore” to walt on another daylignt's must pass ‘Those tints that melt o'er heaven, O setting sui look ike tender flush Of blended rose and purple light oar And heaven dissolved! A plicate statment, “Whew!"" whistled the Dy “six Tho traveler grinned. “Talk about your blue envelopes, my santly, “you won't have to «lve one to that chap. Same of these days @ wideawake mere chant will steal him from you. Real landscape biush— And glows o'er wave, sy, flower and palm tree tall, ‘Tis now that solitude has most of pain; Vague apprehensions of approaching spreads—tike salesmen are mighty rare, and the real night of| Whisper the soul attuned to bliss, and Rxosting new things and selling the tain o omer a lot more than he intended| To find tn love equivalent for ilght. e M, G. Brooks, a “F ain't And lelsure sighs to think now soon} a No. 36—P. - BY N U E o ania. | BERTSOlpH N A eo Preas Puvlishing Co. eee H, Pennsylvania, what hast tion } vost me? Above £30,000 ($199. 000) more than I ever got, (40 hazanious and fatiguing voy ages—and my son's soul!” ; So in 1705 wrote old William Penn, b Corre ing World.) te forever upon his beloved Quaker colony—out of pocket, out of royal favor and out of health through his efforts to build an Ideal com: munity in the New World—a community wherein he was no longer master and where his beloved son ogre ‘the plous folk of Philadelphia by going rather thoroughly to the bad. . |the great Quaker paid high for his American experience. enw William Penn had had a stormy career of his own. In boyhoos a ae expelled from Oxford for defying the college rules and was an bee iw kicked out of doors by his father, Admiral Penn. Thence he ADA IL! French Court, where he struck a pretty brisk pace and showed fe his future sombre career. Queer Origin of State's Name. Coming back to England, he became « Quaker minister. Quakers wele a popular in England just then, and Penn eee a good deal of his time jail after anothor for the sake of his beltefs. : eats be planned & colony where Peace should rule, where one Le | | should be as good as another, and where the oppressed of all lands could refuge. him a huge tract of land in America for this “experiment.” } penn wanted to call the region “New Wales.” Then he was induced to change the name te | “Sylvania” (meaning “forest land"). The King, out of compliment to the | Quaker's father, prefixed “Penn” to the “Sylvania,” tn spite of Penn's efforte at bribing a royal secretary to drop the prefix. Thus Pennsylvania is not named in honor of its founder, but of ita founder's father—a man who never | saw America and presumably who felt no Interest in it. Penn came to America in 1682 with about one hundred fellow-Quakers, and in the same yeor founded the city of Philadelphia, He was by no means | the first settler in Pennsylvania. Long ago the Dutch had discovered it, the Swedes had colonized tt; the Dutch had conquered the Swedes and had In turn | been conquered by the English. About two hundred families were already living there when Penn landed. And the chance of religious freedom soon brought thither colontats of many creeds from all over Europe. The Indians were turned from possible foes to friend by Penn, and a just govérnment was established, with himself at tts head. The new colony throve mightily. It | was one of the foremost of the original Thirteen States when the Revolution began, and it was the seat of the Revolutionary Government. There are several different versions of Pennsylvania’s nickname, {Key- stone State,” but this is now universally agreed on. According to one account, its geographical position in the chain of colonies made it the c stone” colony in the arch of liberty. And there are other fan te. When the ctvil war dawned twice as many Pennsylvanians enlisted as w eniled for, Altogether 462,259 of the State's sons fought in that confilct. Pennsylvania, too, suggestions as invasion, Three times it was ratfded by the Confederates. The “high-water mark” of the Confederacy was remistered there in 1863, when Lee's army rolled unchecked into the Cumberland Valley on ite victorious northward mares, was checked at Gettysburg end sont reeling hick baTled and shattered into Vire! The story of Pennsylvania since the clyil war has been t Vellous progress in every Iine of commerce and industry, Next is the most populous State In the Union. a ‘ory of mar- © New York ft , down there | "wen, while Mrs. goin’ ¢ “that you have a al Do you find him fred an’ done 4 satisfactory?" bar “He's perfectly fine,” said Mrs, Van Tyle.: wouldn To begin with, his yellow complexion ty such! (he matter! that at the end of @ lorg, dusty ride he doesn’t) "Well, Mam Mark," The sept show any spots, and then when I am out In! know, dem. triflin’ my limousine I have his pig-tail stuck throug a | resign Uttle hole ta the plateglam window and 1 we ft as a sort of bell-tope to tell him where to| sop."—Harver's Week! such a One on Dad. MIS eentin kid story ta voucher for, bat | somehow or other it sounds strangely fa- mii ———— Made Resigning Easy. HEN Delegate Mark Simith of Arizona’ | acer was a boy he Uved on @ big plantation in Kentucky, It was in slavery days, | end ong of his father's slaves was Uncle Ike, is the preacher for the place, ‘s father bad built @ emali church on @ comer of plantation, and Uncle Ike held| forth there every Sunday. This was pleasing | to Ike, because it not only gave him @ chance to exhort the negroes, but {t absolved him from any of the Sunday chores, One Sunday Mark went out by the bam and| « found Unele Abe sitting isconsolately under a trea “Look here, The,” eid Mark, “why f to us, Somebody will write tn to nt tell tm that ft was in Hostetter’ Alm for 1869, but we'll take a The preucher was calling at li bor nd do you al , my Wetle man! say Our prayers et nig asked the clergyman, “Thal Drasore “"No—be don't have to,"* Why, what do you meant’’ ‘He don't have to—you ove, he uerer gets home t4} {t's daylight an’ then what ie there to "t you! pray about?"—Toronto Mail and Empire, wight, But doesn't your pana ay bis auch ag thie one are in demand. The dra overskirt is charming- ly graceful, yet i ple and youthful, the bertha gives aim- and Gress tc nud winter parties, to graduation and to occasions of the kind, Fundamentally, it 18 exceedingly sim- ple, however, ‘There in @ little overblouse that consists of two p! & Separate guimpe and & two-piece skirt with to ulmpe and — % yard 27 for the bertha nd sleeves, dress will require 314 yards ior 86 inches wile or yarde 44, Pattern No. 7606 is Pattern No, 7696—-Sem!-Princess Dress for Misses cut ins for girie and Small Women, 16 and 18 years. OF alxt 4 eighteen Call et THE EVENING WORLD MAY MANTON FASHION How $BUREAU, Donaid Building, 100 West Thirty-second etrest (oppo- te site Gimbel Bros.), corner @ixth avenue and Thirty-second street, Obtain % New York, or sent by mall on receipt of ten conte im esta of wtaanpe for each pattern ordered. ‘These IMPORTANT—Write your eddress plainty and always epectty Patterns. { stae wanted. Add two cents for letter postage tf tno hurry, “Yop ait,"* answered Bobby, “and mamme . | t HI8 ts the season when pretty, dainty frocks = sick and discouraged, having turned his back | King Charles Il. of England granted | & ral or “key- © was one of the few Northern States to know * an overskirt. With the bertha and overskirt omitted, the frock be- comes ada to the simplest fabrics and to For sy frock pret. ty, soft silks and sat- ins. chiffon, char meuse, marqui fabrics of the appropriate. plain one anything sea | sonable can be util | In one iustration enti | fon cloth is used fo: the overblouse and overskir meuse satin skirt a \ 4% 36 yards 44 Incher | ide, With 245 yards or 1% yards 36 for* The plain