Newspaper Page Text

THE NEWS OF NORFOLK ON PAGES 2, Z~5, 6 AlSlD 7.

COURT DECISIONS.

\ Notes of Cases Recently Decided,

Which are of Interest to

Our Peo?le.

DIGESTED BY W-B-MARTIN.

^Exclusively for Virclnlan-Pllot.)

ROBINSON V. STORM.

Supremo Court of Tennessee.

June 10, 1899.

THE PURCHASER OF THE BUSI?

NESS AND GOOD WILL OF A FIRM

ACQUIRES THE RIGHT TO A

TRADE-MARK USED BY THE

FIRM.

.WHILE A PERSON MAY USE HIS

OWN NAME FOR BUSINESS PUB

POSES, HE CANNOT DO SO TO

COMMIT A FRAUD UPON PUR?

CHASERS, AND TO PALM OFF HIS

WARES AS THOSE OF ANOTHER.

This was a suit In chancery by James

S. Robinson against George A. Storm

to enjoin the latter from putting upon

the market In the way he was doing a

mcdicino which ho advertised as

"Storm's Liver Regulator." It appears

that Dr. Mitchell, an eminent physician

of Memphis, In 1872, gave" to the firm

of Stcver & Robinson, druggists, a

'formula for a medicine which they pre?

pared and sold. Among others who

bought it was one Captain Ad. Storm,

who was well and widely known, and

who was much benellted by the medi?

cine and recommended It to a great

many of his friends. Stever & Robin

eon, with Captain Storm's consent, ad?

vertised the medicine as "Storm's Liver

Regulator," and as such It became a

very popular medicine and was largely

sold.

After this Robinson bought out the

firm of Stever & Robinson and con?

tinued to sell the medicine. Captain

Storm died and his only child, the de?

fendant, George A. Storm, got a medi?

cine put up by a druggist and sold it'

with a label very similar to that of

Robinson, and with the words, "Storm's*

Liver Regulator," on it. The lower

court gave a 0ecrec for the plaintiff and

Storm nppenled.

Tho court snys:

Tn 1R73 Robinson purchased Stover's

interest In tho assets nnd good will of

St ever R~. Robinson. By this purchase

ho'ncqulrotl tho solo rieht to this for?

mula, and by operation of law. the

firm's trade-marks used In placing the

medicine made from thi s formula on

the market. It Is Immaterial that there

is a lack of an imitation of -the labels

and cartoons of the complainant so as

to deceive an expert or oven an ordi?

nary observer. As has Just been stated,

the evidence shows that, notwithstand?

ing the differences, yet the simulation

is sufficient to deceive both cautious nnd

incautious buyers.

But it is nrgued that defendant 'Is

entitled to use his own name in placing

his own medicine on the market, and

that, if complainant Is Injured thereby,

ho must bear the consequences of hav?

ing selected as a part of his trade?

mark or trade-name a name common to

others. The law is settled that no one

can ncqu'ire the right of a trade-mark,

cither in his own name or in that of

another person, so as to exclude one of

the same name from using It to identify

goods which he sees proper to put on

the market, so long as in doing so the

latter perpetrates no fraud thereby, or

is guilty of no unfair practice

"Every one has the absolute right to

use his own name honestly in his own

business, even though he may thereby

incidentally interfere with nnd injure

the business of another having the same

name. But, nlthough ho may use his

name, he cannot resort to any artifice

or do any act calculated to mislead the

public as to the Identity of the busi?

ness, firm or establishment, or of the

article produced by them, and thus pro?

duce injury to the other beyond that

which results from the similarity of

name. Where the name is one which

hns previously thereto como to indicate

the source of manufacture of particular

devices, the use of such name by an?

other, unaecompnnicd with any pre?

caution, in Itself amounts to an artifice

calculated to produce the deception."

Upon the overwhelming weight of

both English and American authority

the defendnnt, on the facts of this re-,

cord, wn-s gullly of nn Infringement of

the trade-mnrlc of complainant, and of

an illognl, improper and unfair com?

petition in business with complainant,

ns well as of an attempted Imposition

upon the public nnd the rbaneellor wns

correct in so holding. Affirmed.

f I SMITH V. JENNINGS.

Supreme Court of Michigan.

September 27, 1S99.

IT IS ERROR IN A LOWER COURT

TO PERMIT PLAINTIFF'S COUN?

SEL, IN ADDRESSING THE JURY,

TO SPEAK OF THE POVERTY

'AND SUFFERING OF LABORERS.

OF WHICH THERE WAS NO

PROOF, AND TO DENOUNCE THE

. DEFENDANTS AS "SHYLOCKS"

FROM ANOTHER STATE.

The point decided is shown from the

opinion of the Curt:

The Court, after quoting the lan?

guage of the counsel for plaintiff used

in his argument says:

W? do not hesitate to say that this

case should be reversed because of thi3

language, independent of the question

of whether this testimony was proper

i. iy admitted. Wo have frequently at?

tempted to point out to counsel the

improprleety of appeals to the preju?

dice of juries, such as appears in these

extracts; and whenever it Is reason*

ably apparent that the result was prob?

ably affected by an appeal to the pre?

judice^ against race or nationality, or

hy studied nnd persistent effort to in

, duce the Jury to favor a resident ns

against a non-resident, we cannot per?

mit a verdict won by such tactics to

etaiid. "We nave repeatedly said that it

was not the purpose of this court to

Interfere with' legitimate arguments of

counsel, and that, in any case we may

allow something for zeal. Counsel may,

acting on their own judgment as to

proprleety and good taste, discuss the

character" of witnesses, the probability

of the truth of testimony given on the

stand, and may, -when there is.any rea?

sonable basis for It, characterize tes?

timony. .All these things may constitute

legitimate argument. But no lawyer

understands that poverty In the plain?

tiff's home (of -which there Is no proof)

has any bearing on the question , of

which one of the two contractors

agreed to ?pay him for services per?

formed, or that It Is the especial duty

of Jurors to stand by their neighbors

in a. suit ngainsb non-residents. When

the attempt Is to secure a#verdict by

such appeals to such prejudice, Inge?

nious attempts to vtfll the effort- can?

not avail to prevent the court from

refusing the fruits of such efforts to the

party whose attorney hns attempted to

obscure the real Issue. Reversed.

ZIONISM.

LECTURE BY DR, COHN, OP OHEF

SHOLOM SYNAGOGUE.

Following Is a resume of the lecture

delivered last Friday by Dr. S. R.

Cohn, at Ohef Sholom Synagogue:

"Is Zionism a solution for the Jew?

ish problem?" ?

The Zionist claims that the Jew has

been perseouted throughout all ages,

and that this persecution will always

exists that a return to Palestine and a

reorganization of the Jewish state there

will stop this persecution.

Persecution Is not constant, It Is

growing less and less ns civilization ob?

tains among the nations of the earth.

I would be unjust to God and fellow

men were I to hold that man will al?

ways persecute man; that hatred, mal?

ice, envy and falsehood will always be

integral parts of the character of the

great mass of humanity. I am optimis?

tic and am convinced that the day will

come when all men will answer the

Prqpliet Malachal In the affirmative:

"One God has created us all."

I am convinced that the day will

come when the "Fatherhood of God

and the Brotherhood of Man" will be?

come the whole moving force in our

lives. In this I am sustained by a

glance over the lnrge field of history.

Anyone Who has read the history of

the world with an open and Impartial

mind must hold the opinion that' per?

secution 'is constantly diminishing;

that the prejudice of yesterday has

melted before the broader knowledge

of to-day, and it would be false to

humanity to say that this larger broth?

erly and tolerant feeling stopped at the

door of the Jew. Persecution Is grow?

ing leBS marked; hence from this point

of view Zionism Is unnecessary.

But even considering that persecu?

tion is constant, there are difficulties

which Zionism cannot overcome: 1st,

the external difficulties?political in na?

ture; 2d, the internal difficulties?

psychological in nature.

1st. How are the Zionists to procure

Palestine In a peaceable manner? The

Sultan of Turkey hns let It be known

that he will not part with a.n Inch of

his territory, nor will he legalize the

Jew.

2d. The Zionist makes Jerusalem

neutral ground, because It is sacred to

Christian and Mohammedan, 03 well

ns ,the Jew. In other words Jerusalem

Is not a part of the new Jewish state,

and such a Jewish state In Palestine

would be like "Hamlet without the

Prince of Denmark." The Jewish mind

has never cared a farthing for Pales?

tine without the holy city. Zloa meant

Jerusalem, not Palestine.

2d. What laws are to be used 1n the

resurrected state? Certainly the laws

laid down in the- Bible and Talmud.

This would mean a return sacrifice.

Will the Zionist stand for this?

4th. The Zionist does not expect nil

Jews to move to Palestine. How then

will the Jews still outside of Palestine

be protected from renewed persecu?

tion? Will they not then be open to

the charge which the anti-Semites

make, viz: that the Jew Is an alien, a

foreigner, a member of a strange re?

ligion, race and nation? This is Just

what Zionism Is doing In Europe. It

has played right Into the hands of the

enemies of the Jews. It has added to

the "Judeustnertz."

And there are the internal or psy?

chological difficulties.

What phase of Judaism is to be

adopted by the state? Not the spiritual

Judaism of Isaiah and the Prophets, as

believed by the reform 'Jew to-day.

It lies then between the three great

phases of Judaism: (1) That .of the

Palestinian Jew of to-day. (2) That of

the Sepharadlm or Portuguese Jew. (3)

That of the Asklnazlm or European

Jew. All these Jews, while holding to

the same fundamental conceptions,

differ among themselves In forms and

rituals. The controversy that would

arise over these forms and rituals

would split the new state. An Illustra?

tion of this fact is . found close at

home. I refer to the wearing of hats in

the synagogue.There are some who be?

lieve that you are not a Jew If you

take off your hat in the synagogue. I

ask this question: What great assimi?

lative force is there In this new Jewish

state to crush out all these various

customs and give the Jew a religion

with uniform ceremonials? There is

none at all, nnd the Zionist stands be?

wildered before the problem. He dare

not touch It, so he says his whole object

Is to form n. commercial and agricultu?

ral community.

A careful p?rusal of these difficulties

Will prove how impracticable Zionism

is. Tt Is both unnecessary nnd Imprac?

tical. Tt Is not a. solution for the Jew?

ish nroblem. Tt aggravates the Jewish

nroblcm. Zionism has done this good:

Tt has called back many waverers to

th?? fold, e-p: Herzle n.nd Nnrdau. Tt has

compelled the European Jew of the

plietto to .rtudy his new position. It hns

made the TOuropmn Jews a llttle^more

tolerant of one another.

Flev. Hl. I,. WAllnn'H Siirrpunr.

Rev. Byron Hnnrahnn will succeed

to the pastorate of the Nashville Pres?

byterian Church, made vacant by the

resignation of Rev. Harry L. Walton,

who will resume the suoerlntendcncy

of the Union Mission of this city. Mr.

Hanrahan is from Portsmouth, and

was formerly a member of the Norfolk

Presbytery.

NEWS OF THE COURTS

Non-Suited in Big Damage Suit

Against the City. .

Old Orlnaluni t'nsea-Siilt Entered for

Divorce?Armid of DUonBO Ocrin??

? hi.Mir 1'ulloo Court Cnsoe?To llic

l'en.

Tn the City Circuit Court a non-suit

was taken la the case ot Thomas

Green vs. the city, for $15,000 damages.

Green -was bitten By a dog owned by a

citizen of Norfolk county, and sued for

damages therefor.'

OLD CRIMINAL CASES.

Judge Hanckel will take up some

old criminal cases to-day and to-mor?

row. A number of these cases wll1, be

dropped from the docket shortly.

DEED OF GIFT.

A deed of gift was recorded yester?

day transferring from M. W. Burk to

Mrs. W. T. Myslop, property at the

eastern intersection of. Lovltt and

Reeves avenue, and lot -adjoining the

above on the west.

SUIT FOR DrVORCE.

Through Attorney Hugh G. Miller,

Mrs. Lydia A. Beaseley entered suit for

divorce against her husband, Allan A.

Beaseley yesterday in the Court of Law

and Chancery. The couple were mar?

ried ten years ago, and the plaintiff

alleges that her husband left her three

years ago. She asks for a. divorce on

this ground, and asks the court. to

award her the custody of Tier three

children, aged, respectively, 8. 6 and 4.

AFRAID OF GERMS.

Alfred Ethertdge, a colored employe

of Wright's cart-house, on Washington

street, waff charged In thhj court yes?

terday morning, with stealing $25 from

Thomas Teomer, a colored huckster In

the city market. Teemer claims to have

lost a bag containing the above amount

and accuses Etherldge of having pick?

ed it up. The prisoner denies the

charge, but acknowledges having found

a bag, that was empty, and looked as

though it might have contained money.

Etherldge said he threw the bag away

after finding nothing in It. fearing It

might contain smallpox germs. The

bag that Etherldge found was proven

to be the one that contained Tcemer's

money, and the ea?'e was continued un?

til November 2Bth, and the prisoner

bailed In the sum of $100. .

MINOR CASES.

Charles Malby was taxed $3.60 fdr

drunkenness and disorderly conduct.

Jobn Green and John Smith, both

colored, suspected of stealing Iron, were

recommitted until November 25th.

Mazle 'King, colored, who was con?

victed Tuesday for stealing, was given

a rehearing yesterday at the request of

the complainant and prisoner dis?

charged.

Homer Clements, colored, about 40

years old, was given a month in JaU

by Justice Tomlln yesterday morning

for Bteallng pig Iron, the owner of

which is unknown. This Is Clement's

third conviction.

Leiter Leland, a negro 10 years old,

wa3 given one year In ja'll for stealing"

pipe fittings from the City Gas Com?

pany. This Is Leland's fifth offense,

notwithstanding his youth.

TO MOUNDSVILLE FEN.

United States Marshal Morgan Treat

left last evening on the Washington

steamer for Moundsville, W. Va., with

Isaac White, colored, who was convict?

ed in the United States Court Tuesday

and sentenced to servn three yca.it, In

the penitentiary for pension frauds.

Mr. Hugh G. Miller accompanied Mr.

Treat.

W. C. T. U. MEETING.

ANNOUNCEMENT OF SERVICES

SOON TO BE HELD.

At the meeting of the W. C. T. U.,

held at the Y. M. C. A- at noon yester?

day, arrangements were- made for a

gospel temperance meeting to be held

at the Christian Memorial Temple,

Brambleton Ward, at 3 o'clock next

Sunday afternoon. The public is In?

vited to attend this meeting.

It was also announced that a Sunday

school teachers' social would be given

at the First Baptist Church next Thurs?

day evening at 8 o'clock. It is intended

to make this an enjoyable and profitable

occasion. Dr. W. J. Young, pastor of

Emvorth M. E. Church, and Mr. H. A.

Meacham. secretary of the Y. M C. A.,

will make sneeches.

Miss Belle Kearney, one of the popu?

lar platform speakers of the W. c. T.

U., will be here about the 1st of Decem?

ber, and on December 3d she will de?

liver *a lecture at the Y. M. C. A. to

men.

Marrlrr! nt Carr?vllt?>.

Mr. George W. Daughtry and his

young bride, nee Miss Carrie Pearl

Eley, who were married at Carrsvllle,

Tuesday afternoon, are making their

home at present at No. 30 York Place.

Mr. Daughtry Is the junior member of

the firm of Johnson & Daughtry, and

is a popular young man. His bride is

the daughter of Mr. and Mrs. J. F.

Eley, of Carrsvllle, and the neico of

Dr. Gavin Rawles. Their marriage

was a quiet affair. The ceremony was

performed ^by Rev. J. P. Essick. A

number of friends met them on York

Place on their arrival in the city.

COUGH SYRUP

Cures Croup and Whooping-Cough

Unexcolle? for Consumptivea. Gives

quick, sure results. Refuse substitutes.

Dr. Bult i Pilltcure Bilitutntu. Tria I. to for sc.

EPWORTH Nl. E- CHURCH.

^RESODUTIONS COMPLIMENTARY |

TO REV. DR. YOUNG.

At the last meeting of the official

hoard of Epworth M. E. Church the

following preamble and resolutions

were unanimously adopted:

Whereas, the llrst quadrennlura of]

the history of Epworth Church has-|

been a success In numerical and finan?

cial growth, and

Whereas, the prosperity of this

church has been largely promoted by

the ability and fidelity with which Us

first pastor. Rev. W. J. Young, D. D..

has administered his sacred trust: and |

Whereas, by the law of limitation,

the pleasant relations existing between

the pastor nnd people of this station

will be terminated on the -5th instant; [

therefore, be it

Resolved, first. That we give this ex?

pression of our appreciation of Dr.

Young's able pulpit ministrations, his

constant, faithful pastoral visitation

and supervision nnd of the high type

which he sots of the Christian man and

minister.

Resolved, second. That we regret the

departure of Dr. Young nnd his fam?

ily and the severance or the ties which

a residence of four years has developed

nmong the members of this church:

nnd, commending them to the esteem I

nnd love of the people to whom he|

may be sent nt the ensuing eonference.

we invoke np?n them the blessings of

that gospel which he bns by example

and exhortation expounded nnd com?

mended to this membership and con?

gregation.

Kpoclnl Announcement.

Ewlng &. Steele, millinary Importers,

of Baltimore, announce that they will

exhibit to-day only, at the Atlantic Ho?

tel, a beautiful line of Pattern Hats and

Bonnets.

LADIES CAN WEAR SHOES

One size smaller after using Allen's Foot.

Ease, a powder to bo shaken Into the

shoes. It makes tight or new shoes feel

easy; rIvcs Instant relief to corns and

bunions. It's the greatest comfort dis?

covery of the ape. Cures and prevents

swollen feet, blisters, callous and sore

spots. Allen's Fool-Ease Is a certain euro

for sweating, hot. aching, nervous feet.

At all druggists and shoe stores, 25c. Trial

package free. Address, Allen S. Olmsted.

Lo Roy. N. Y.

?CORNER?

iVl3in 3nd Commerce Sts.

TAILORS

?AND?

Men's Outfitters

AM

jGood.

All good Over?

coats are here and

all are made in a

_ manner that read?

ily separates them from

the usual ready-made, yet

Hie prices arc just as low.

Any cut, any weave,

any shade, any length, silk

lined or other wise, #10

to $35.

Late importation or I. &

R. Morley's Underwear.

Fancy Halt Hose, 25c.

Our $1 Glove is guar?

anteed.

Scarfs, 50c. to $3.50.

RVin Coats, $7 to $40.

All good Suits for Men,

$10 to $35.

HATS.

NEWPORT GOLF

THE

LATEST HAT,

NOW $2.50,

AGENTS

FOR THE CELEBRATED

KN0X HATS.

Keep Out the Cold Air

BY USING

CorMn's Liquid Door Spring

The spring closes tho door nnd the

Check keeps the door from slamming.

Also WEATHER STRIPS of all kinds.

COOKE. CLARK & CO.

These Were Big Days

Last year?but we're beating them right straight along. To a mer?

chant that is public endorsement. It is proof that we are growing?

and growth always follows improvement.'

We ARE giving better Suit values this season than we did last.

The "Fit Reform" idea has been carried out successfully?and that

in itself is a great triumph?brings ready-to-wear within the possible

for a host of men who couldn't be fitted before.

We'd like to range our $12.50 line of Suits before you for crit?

ical inspection. The patterns are different from all others'--the fab?

rics are finer?the tailoring of high grade?the fit, of course, excep.

tional?the variety many times larger. Take it altogether, they're

as good as anybody's $15 or $18 Suits.

Satisfaction

Assured At

v

t fiSeaJL*:^ Company,

4>

PREPARE FOR THANKSGIVING!

Furnish your dining room anew for tho feast if you contemplate refitting- it

during the winter. Hundreds of elegnnl patterns hero from which to select. Origi?

nal designs to suit your fancy. No establishment in tho city offers more obvious

bargains than we do In tills line. Our stock Includes tho most splendid specimens

of modern manufacture, as well as the ordinary requisites far more humble homes.

Our Sideboards and Extension Tables, in Golden Oak. tho standard finish of tho

day, are attractive features of this department.

JOHN E3. LOUGHRAN'S

largo double stores are considered by con?

noisseurs to bo the headquarters in Nor?

folk for oil kinds of

Furniture, Carpets, Stoves, etc.

comprising articles for the complete fur?

nishing of your home '.n a manner to suit

all tastes and pockotbooks.

Hall Racks! Hall Racks I

in odd and exclusive designs. Some of tho

quaintest and most beautiful shapes, the

most highly finished,the very best quality

In all. Prices to suit everyone.

Exceptionally Low Prices

on Blankots. Comfortables, Toilet Sets,

Damps, Kockers, Ace. Call and see our

lines of Parlor, Bedroom and Library.

Furniture.

CASH OR CREDIT,

Have you considered

my offer of treatment

at $5 per month?

LESS THAN 17 CENTS PER DAT FOR

MEDICINE AND TREATMENT by a

skilled speciaJlst! It's quite an experi?

ment on my part. I HAVE BEEN

CHARGING TEN DOLLARS PER

MONTH FOR TREATMENT heretofore,

but would gladly reduce tho price If I

can tret sufficient patients at the lower

rate to justify It. It takes about three

times as many at |5 as at {10. So far the

$5 offer has turned out fairly well, but

cannot tell yet whether I can maintain

It permanently or not, but IN ANY

EVENT THOSE WHO BEGIN AT THIS

RATE WILL BE TREATED AT THIS

RATE UNTIL CURED. Remember this

rato applies to all diseases treated by me

except Deafness, Consumption, Hay Fever

and Surgical Operations. Remember my

treatment is painless but very effective.

IF YOU NEED GLASSES I WILL DU?

PLICATE ANY PAIR OF GOLD SPEC?

TACLES SOLD IN THIS CITY AT JS

FOR }6, guaranteeing weight and qu'allty

of the gold and fineness and perfection of

tho lenses.

01

Hu offices 1 and 2 No. JH Main street.

Norfolk. Va. Specialties: Catarrh and all

diseases of Eye, Ear, Nose. Throat. Cheat

and Stomach.

Hours, 9 a. m. to 12:30 p. m.: 2 p. m. to

6:30 p. m. Sunday .Hours, 10:30 a, m. to

12:30 p. m. "Yuesday night and Thursday

night 7:45 p. m. to S:15 p. m.

Consultation always free. Medicines

furnished. Terms always moderate. Eye?

1 examined for sUMer Are* ot coarse.

IMPORTED JELLY WINE

$1 50 GALLON.

CALIFORNIA SHERRY"

$1.00 GALLON

Strength and Purity guaranteed.

?ALSO?

Fine Old Table Sherries

(direct importation.)

Amontillado.$5.00 gal.

Vino de Pasto. 4.00 "

PalidoFino. 3.00 "

Rudolph. 2.00 M

BRANDIES.

He nnessy, Martell,

Otard Dupuy

and a full line of Wines and

Liquors of all kinds.

296 MAIN STREET.

OAK WOOD.

Wc have an extra good quality of Hara

Wood both seasoned and green, tho very

thing for air tight heaters. Also

Dry Pine and Slab Wood

COAL of all kinds.

CHAS, E. SCOTT,

200 Lovrrr avenue.

?Phones, old. 251: nevr.llS^_

DO YOU KNOW

RWNe?hVa^^pK,^A,.n

01 ^^^^? "