VOL. 31
MB. WHITS PATENT SUITS.
Fountain Fen Litigation.
Another phase of the fountain pen
cases has been developed since the
last issue of The Stationer. In the
case of Paul E. Wirt against the
American News Company an order
has been made by Judge Lacombe
requiring the defendant to file a bond
for $5,000 within five days, agreeing
that if the complainant shall prevail
in this action the company will pay
to him damages and profits for alt
pens sol J from the date of uch bond
until the decision of the final hearing,
such a sum as would have been real
ized by the complainant by the sale
of a like number of complainant's pens
at the usual market rate. The order
also requires the defendant to file each
month a sworn statement of all in
fringing pens sold. The effect of this
order in the opinion of some is that
unless the American News Company
shall file the bond as directed by the
court it will be restrained from selling
any fountain pens whatsoever, and
that if the defendant does file the
bond and the complainant finally pre
vails the defendant will have to pay
damages to Mr. Wirt according to
the terms of the order. The order
is dated November 7, and the five
days began to run from the following
Monday.
In the issue of The American Sta
tioner dated November 5, 1896, it
was stated that it now remains to be
seen what effect or bearing this last
decision will have upon the litigation
yet pending." The decision referred
to was in the case of W. W. Stewart
against the American News Company,
and which was in favor of the com
plainant. In order to obtain more
light upon the subject Walter S.
Logan, senior member of the law firm
of Logan, Demond & Harby, New
York, who has been connected with
nearly all of the fountain pen suits
brought and fought in the United
States, was asked to explain the mean
ing of the decision and its effect. He
consented, and reviewed the latter in
practically the following words :
"Some time ago Mr. William W.
Stewart brought suit against the
American News Company for an
alleged infringement of several of Mr.
Stewart's patents, and the infringe
ment claimed consisted in the sale
ot the Paul E. Wirt fountain pen. Im
mediately the case was brought to Mr.
Wirt's notice he offered to defend the
American News Company in that suit
and to give any bond they desired to
save them harmless from all costs or
damages, and he instructed us as his
counsel to undertake such defense, if
the American News Company would
permit us to do so, without cost or
charge to the American News Com
pany. Mr. Wirt has invariably pursued
the same course ever since he has
been in business, whenever any of his
customers were troubled because of
selling his pen but for some reason
the American News Company, while
willing to allow us to defend the suit
for them, refused to permit us to be
the attorneys of record, so that we
could have full charge of its conduct.
"The decree which has recently
been rendered in favor of Mr. Stewart
against the American News Company
commences as follows: 'This case
having come on to be heard upon the
consent of the parties to the entry of
this decree, &c, and it concludes
with the tol lowing: 'The entry of the
foregoing decree is hereby consented,
which is signed by both complainant's
and defendant s solicitors. It also
provides : 'It is further ordered,
judged and decreed that the question
ot damages and costs having been
satisfactorily adjusted between the
parties, no reference is necessary to
sustain the same.
"This decree has no value what
ever, because it has decided nothing,
It is simply given upon the consent
ot the parties, and a decision is valu
able only when it is an actual decision
of the judge. No judgment is en
forced in any other case where it is
entered only on the consent of the
parties. The case was not argued
even, for there was no opponent
Evidently the court refused to do any
thing until the defendant put his con
sent to the entry of the judgment upon
the very judgment itself. The de
cision is not as strong, either, as
though it had been obtained by de
fault. It is worse than that, because
then one of the parties must fail of
appearance, but in this case the de
cision was by the consent of the
parties."
"Now, the American News Com
pany of course had the right, when
sued by Mr. Stewart, to confess judg
ment rather than allow Mr. Wirt to
defend the suit with his own counsel
and at his own expense, securing them
against any possible adverse result of
the suit. The American News Com
pany themselves have been sued by
Mr. Wirt for infringement of his
patents, and an injunction has been
recently obtained against them by Mr.
Wirt in that suit. The fact is, the
decree in favor of Mr. Stewart is worth
little less than the paper on which it
is written, for it was obtained by the
consent of the defendant and not upon
any proof or evidence deduced in a
mai. 11 at any time a suit should be
Ought against Mr. Wirt it will prove
be of more harm to him than good.
Mr. Stewart should pver numtr nn
courage enough to sue any of Mr.
Wirt's customers Mr. Wirt will defend
every such suit with his own counsel
and at his own cost, and guarantee
every person sued against any loss or
.1 1 .. . ...
linage Dy reason 01 naving sold the
Virt fountain nen. and we are author
ized and directed by Mr. Wirt to
appear at his expense for any person
so sued. But we suppose it is too
much to llODe that Mr. Stewart will
sue Mr. Wirt himself. He is likely to
be deterred by the fate of others who
have gone before him." American
Stationer, Noi. 12.
TWO BIG GAME3.
The University of Pennsylvania foot
ball warriors defeated Harvard on
Saturday, at Franklin Field, Philadel
phia, by the close score of 8 to 6.
In the first halt of the came the Har
vard boys had thrown a wet blanket
over the admit ers of Pennsylvania, at
the end of which the score was 6 to o
in favor of the former, but in the last
half old Pennsylvania took a brace,
and when defeat was finally turned in
to victory, the scene was one the like
of which was never before seen on
any field.
While Penna. was taking Harvard
into camp at Franklin Field, Princeton
was administering a crushing defeat to
Yale at Ne York. - Yale scored the
first touchdown ten minutes after play
had begun, on a blocked kick, but
after that all hopes for Yale vanished,
and Princeton smothered them by the
one-sided score of 24 to 6.
42,000 people were present at the
two games, and when this multitude
broke loose and shouted and sang,
one can imagine the scene.
Native Miners Pleased.
Think Accidents Will Be Lessened by Dis-
charging Foreigners.
The order of the mine officials to
discharge all foreigners holding re
sponsible positions about the mines at
Ashland was hailed with delight by the
American miners in that section of
the coal fields. Almost nine-tenths of
the mine accidents that have occurred
the past few years have been caused,
it is alleged, by the carelessness of the
Polish and Hungarian laborers.
The hospitals are crowded with this
class of workmen and it is believed
that the number of mine accidents
can be reduced considerably by em
ploying none but American laborers.
GIKL BITTEN BY A MAD OAT.
The Animal Died and the Miss Is Confin
ed in a Dark Room.
Three weeks ago Stella, the 14-year-old
daughter of Mr. and Mrs.
John Smith, of Lock Haven, was bit
ten by the old house cat. The girl
was playing with several kittens when
the mother jumped at her and buried
its teeth in the forefinger of the girl's
right hand. Three days later, the old
cat showed unmistakable signs of
hydrophobia and died.
The bitten girl was, under advice
of a doctor, placed in a dark room,
where she can neither see water nor
hear it running. As yet no symptoms
of rabies have appeared, but the girl
will be kept quiet for at least a fort
night yet.
The interest of all lovers of athletics
will now be turned to basket ball. We
have not heard much about the make
up of the team that will represent the
Normal this year, but knowing that
there are several who were in the
game last year at the Normal now, we
hope that they will all be in line when
play is called this winter, and if they
do, we will not fear the result of any
game they may encage in, for if they
play the fast, dashing game, which
characterized their work last year, we
can find no team, in this state at
least, that can defeat them. Get
together boys, the time is drawing
near.
BLOOMSBURG, PA., THURSDAY, NOVEMBER 2G,
THE SAME OF THE EM3KE
X n. GI DOING & CO
. is
Suits, Overcoats, Reefers, Storm Coats, Hacintosh Coats, Hats,
Caps, Gloves, Shirts, Umbrellas, Night Robes, Trunks,
Valises, Etc.
JOSEPH GOLDSMITH, TRUSTEE.
THANKSGIVING.
Again the year has rolled around
and another Thanksgiving Day is be
fore us. As we call to mind the
blessings showered upon us during
the past year, do not let us forget
those less fortunate than ourselves.
The Ladies' Union Benevolent Society
is still in existence, and asks the good
people of the town to remember the
thank offering as heretofore given, at
the union services, for the sole pur
pose of relieving the destitute sick of
our town. Last Thanksgiving Day,
this contribution amounted to over
fifty dollars, nearly doubling the
average of the last twelve years ; and
even that was exhausted before
December. We need one hundred
dollars this year,' and if each one con
tributing will call to mind what he
gave last year, and just double it this
year, the work will be done. Seven
teen families ' received aid from the
fund last year, and others equally
worthy, and equally needy, did not
receive what they should, for the
reason, that our funds gave out. Let
each one give (conscientiously) as
he has received from the giver of all
good, and the hundred dollars will not
be wanting, and no worthy suffering
ones will go unaided.
Mrs. M. C. Walker,
Chairman of Committee.
Fire broke out at the house of
George Stineman, on East Street at
about 7.30 on Monday night. The
alarm was sounded and the lower end
of East Street soon became a perfect
jam of people. The fire started by
an explosion of a coal oil lamp, which
was knocked off the table while Mrs.
Stineman was ironing, and by the
time assistance reached the house,
the fire had got a pretty good start.
It was soon outened however, before
it had done a great deal of damage,
nothing being 'hurt very much except
ing the kitchen.
Henry Kleim, an old resident of
this town, died last Friday afternoon,
aged eighty-two year3 and eight days.
He was the father of C. A- and Henry
Kleim of this town. Mr. Kleim was
formerly engaged in the shoe business,
but for a number of years had lived a
retired life.
STOCK BY THE TRUSTEE
fow ca-oiisrcr
fivesy tblng in tike M&tmWMkmmt
at Aftsalut dost wM&oiit wsa&sve.
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MEIXELL KAROHNER.
J. F. Meixell, of Bloomsburg, and
Lydia E. Karchner, of Wapwallopen,
were united in marriage at 4 o'clock
Tuesday evening at the home of the
bride's parents. The bride was attir
ed in cream Lansdowne with lace
trimmings, and carried a large bou
quet of bridal roses. The maid of
honor was Grace Karchner, a niece
of the bride, who wore a pretty dress
of cream merino trimmed with lace.
The happy couple have the good
wishes of all ai.d will go to house
keeping in the near future at Blooms
burg where Mr. Meixell is employed
at the D. L. & W. depot. Shick
shinny Democrat.
A man who called himself Dr.
Smith accompanied by his wife and
small child stopped at the home of
Mr. H. W. Miller on East Sixth
Street one day last week and asked
for board. They were taken in by
the Miller family, who thought they
were all right. After being nicely
settled he asked the privilege to make
his medicine on Mrs. Miller's stove,
which was granted, and after he had
made enough of the medicine, (which
he claimed would cure most anything,)
to last him awhile, he left the house
on Saturday morning. His wife soon
followed him, saying she was going
out to purchase some small articles,
but when they did not return Mr.
Miller began to inquire around when
he found that his boarders had "jump
ed" the town, and he was out their
board. The man claimed to be from
Shamokin.
President of Council Holmes has
recently been in correspondence with
the State Board of Health with regard
to the appointment of a health officer
for the town of Bloomsburg and the
several townships adjoining. This is
a good move to prevent the spread of
disease in town and the surrounding
country. It is thought that an ap
pointment will soon be made. We
have heard the name of Isaiah Hagen
buch mentioned as the person who
will receive the commission.
W. S. Rishton has added a fine line
of Whitman's chocolates and candies
to his stock.
1896.
toim m
I.BSS TMN TDE COST TO MKE
An enormous stock of clothing from
a retiring wholesale firm.
OUR BUYER JUST BACK FROM
the city and it is the opportunity
of a life time to get
MS AND
-FOR-
HEN, BOYS AND CHILDREN,
-
Bloomsburg's
-THE-
. L0WEIM8ERG
CLOTHING STORE.
NO. 48
oust. . . .
OVERCOATS
AT -
Best Clothiers
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