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THE TOPEKA. DAILY STATE JOTTRNAIr MONDAY EVENING, JUNE 23,1913-
FIGHT M TRUST Municipal Owned Ice Plants Is the Remedy. Agricultural College Behind Xew Reform Idea. ICE AT 20 CENTS. MILLER SAYS Suggests 'ew Idea for Fight on Ice Makers. Also Approves Dawson's Plan for ew State Laws. Municipal owned ice plants, insur ing ice to the consumers at not -to ex ceed 20 cents per hundred pounds, is a plan ad-anced by J. H. Miller of the Kansas State Agricultural college in a circular endorsing Attorney General Dawson's theory for putting ice manu facturers under the superv ision of the public utilities commission. Miller suggests that Kansas towns go a step farther and Install their own ice mak ing machinery in connection with mu nicipal waterworks or electric light plants. Many small towns in Kansas already own their own waterworks system. In a number of the towns the city oper ates its electric light and water plant Jointly. And while the taxpayers and property owners are able under this nrraneement to save much of the cost f.f electricity and water, they are the victims of the local ice dealers. Now the Agricultural college professor sug gests that at a very small cost the towns owning waterworks and electric lighting plants can install ice making machinery and put the ice trust out of business. Ice at 20 Cents Per 100 Pounds. Up at Manhattan the Agricultural cDllege heads have figured that a Kan sas town may operate an ice plant in connection with its waterworks or electric light plant and furnish ice to local consumers at not to exceed 20 cents per 100 pounds. At this price, it is claimed, the city will be able to pay the cost for manufacture and re serve sufficient earnings to cover in terest, depreciation and accumulate a inking fund sufficient to insure the renewal of the plant at the end of five years without additional taxation. The letter from the Agricultural college was issued after the publica tion of an interview by Attorney Gen eral John S. Dawson, in which he stated that he would ask the 1915 legislature to enact a law placing the Kansas Ice companies under the su pervision of the public utilities com mission and insuring just and equita ble rates as between manufacturer and consumer. Miller's New Plan. Now J. H. Miller of the State Agri cultural college has issued the follow ing statement regarding municipal owned ice plants, and assuring Kan sas towns that the college will co operate by furnishing information and estimates as to cost an dexpense of estimates the plant and expense c" operation. The Miller statement is as follows: "I was pleased with Mr. Dawson's proposition to have ice plants declar ed public utilities and the price of the manufactured ice regulated by the board of public utilities. But why not go another step and have the towns and cities own their own ice making plants. The majority of the water plants in Kansas are owned and oper ated by the municipalities. It is a comparatively simple matter for such a city to install an ice plant and man ufacture ice for the public as it fur nishes water, at cost plus a fixed as sessment of expenses and interest and a slight charge toward a sinking fund. I feel safe in estimating that any town owning its water plant can install an ice making plant and furnish tee to the public for twenty cents a hundred and reserve enough interest and ex pense charge to renew the plant when necessary or to make extensions after five years without further taxation. F hope some progressive town will start this. Many small towns might operate these ice plants only during the summer season and as all pro gressive towns will own their light ing plants the ice plant could operate when the demand for light would be least. The extension division of the Agricultural college will help with plans and specifications for plants and advise as to operation." MUSIC QUELLS PANIC. Orchestra Prevents Disorder In a Mov ing Picture House. AS TOJATENTS Topeka 3Ierchants Interested in IT. S. Court Decisions. Ther Concern Arbitrary Setting of Retail Prices. THE CASE OF PHONOGRAPHS Patentee Sets Price at $200 on $100 Machine. Trials of Retailer on This and Many Other Useful Patents. Pond du Lac, Wis., June 23. The or chestra at a moving picture theater prevented a panic among eleven hun dred persons last night by striking up a lively air and playing it, though the room filled with smoke, till the the ater was emptied of the audience. The fire was caused by the burning of a motion picture film and was through the efforts of the operator confined to the operator's room. Twenty minutes after the Incident, the audience was again filling the theater for another performance. Many Topeka merchants, who deal in patented articles, are deeply inter ested in the recent decision of the United States supreme court which de creed that the patentee may not fix the price at which his article must be sold by the retailers to the public. And they are keenly hoping for the day when the effect of this decision will become general. They will be per mitted then to do business with these patented articles on a competitive basis, and the people will reap the benefit of lower prices on many things that they would like to possess and also need. Of course, when these conditions pre vail, the merchant will make a smaller gain on each individual sale of any such article. But as far as Topeka merchants are concerned, they believe that the lower prices to the purchas ing public will materially increase the volume of their business and that their aggregate profits to keep their business in tliess patented articles on a fairly remunerative basis. This decision of the supreme court, which has attracted the great attention all over the country that its import ance Justifies, is a reversal of a decis ion of the same court on the same sub ject that was made in March, 1912. At that time the court held that a patentee had the right to fix the price at which his goods might, be sold to the public. Chief Justice White wrote a dissent ing opinion in which he protested ve hemently against the Judgment of the majority of the court. Only seven of the justices participated in this judg ment and it was reached by a vote of 4 to 3. There was a vacancy on the bench at the time and one of Jus tices did not sit in the case. But when JgS COFFEE fe rMi It Hardly Seems Our Business To Apologize For COFFEE But simply to place the truth before people and let them act as they see fit. That easily explains the cause of many a coffee drinker's disturbance of heart, stom ach, liver and nerves. It's a good idea when the body begins to show disturbances, to quit coffee and use FT? IN STAN FOSTUM This pure food-drink, sold by grocers everywhere, is warranted pure and absolutely free from the coffee drug, caffeine. It feeds and nourishes where coffee destroys the tissues. Instant Postum is made of prime wheat and the juice of sugar-cane, roasted and blended to produce a flavour much resembling high-grade Java. A level teaspoonful of Instant Postum in an ordinary cup of hot water dissolves in stantly, and makes it right for most persons. A big cup requires more and some people who like strong things put in a heaping spoonful and temper it with a large supply of cream. Experiment until you know the amount that pleases your palate and have it served that way in the future. Postum comes in two forms. Regular Postum (must be boiled.) Instant Postum doesn't require boiling, but is prepared instantly by stirring a level teaspoonful in a cup of hot water. "There's a Reason" for POSTUM the decision was reached in May. of this year in another patent case where identically the same questions were in volved, there was a full -ench, and the reversal of the decision of a year ago was made by . a vote of -five to four. - A Case in Point. But just when the public is. to reap the benefits of this decision is proble matical. One Topeka merchant who handles a patented article for which there is a big demand these days and which he ia-forced to sell at a. profit to himself of 100 because of his ironclad contract with the manufacturer who holds all the patents under which this article Is produced, wrote to this man ufacturer shortly after the recent de cision of the supreme court. He called his attention to this decision and told the manufacturer that he proposed to sell the article in question at a price that would give him any profit he cared to take. And he got a reply by return mail that if he attempted to sell at prices other than those in his contract, an injunction would be sued out against him to prevent him from doing so. So this is pretty good evi dence that the monopolies and con cerns which put out patented articles and fix the prices at which they are to be sold have no intention of accept ing the dictum of the supreme court in the premises but are going to make some kind of a further fight so that they can continue their business in the same arbitrary way that they have been. Of course that letter made me change my mind for the time being," added this business man, and he con tinued, "My business has not -the re sources to fight a suit with a con cern that has millions behind it. But some of the big retailers in metropoli tan centers that have unlimited re- sources are going to accept that de cision of the supreme court at its face value, and will be in a position to car ry on a suit to find out just how much longer the retailers are to be held un der the avarious heel of the mono polies that put out patented articles. Prices Fixed by Patentee, Another business man called atten tion to the fact that talking machines. sewing machines, safety razors, a couple of lines of pianos, etc., were among the patented articles that are retailed in Topeka in which the sell ing price to the public is fixed by the patentee, or the manufacturer who holds the patents, which is one and the same thing. The Talking Machines. He discussed the talking machine situation in an interesting manner. As is generally known, all of the talking machines on the market of standard makes are put out by three big con cerns. They may be in a combine and they may not. But their methods of doing business are the same. They sell a talking machine to a retailer under a contract that permits him to sell it only at the price they name. The same holds true of talking machine records. And the price fixed for the retailing of these machines is gener ally at a 100 per cent profit. A $200 machine, say, cost the retailer $100, but under his contract with the man ufacturer, he cannot sell it for a pen ny less than $200. "Now I don't care for a profit of $100 on such a machine," sajd the merchant. "I would be glad to take a profit, of $25 or $30. But the com pany says 'no.' I must sell it for $200 or I must not sell It at all. Now if I could sell it for $125 would ha able to sell ten machines where I now sell one. Everybody Is beginning to want talking machines "these days. They are becoming a necessity for home en tertainment and amusement. And there are many people who would not feel like putting $200 in a machine, that would oe willing to pay $125 for one. And the same situation prevails in respect to the cheaper machines. Noi- am I allowed to sell old and out of date machines that I may have in stock at a penny less than the price fixed for their sale when I bought them, no matter how many years ago that may have been, unless I get the specific permission of the company from which I purchased them. But the company does not fix prices in ad vance on such machines. It only makes them in specific cases where there is a prospective customer for a particular machine of antique vintage. So I can't even advertise my -old ma chines in stock for sale at reduced prices. I can only boost the new mas chines. If a man comes in my store looking for a talking machine and spots an old one, or I show him one, and she shows an inclination to buy it, then I can get a price from the company for which I can sell that machine. And the Records, Too. "And in tiie matter of records. I have $800 worth of old ones in stock that it is next tp impossible for me to sell. Many of them are out of date. Others are slightly damaged but still serviceable. I might be able to sell them for 10 cents a piece. They would be worth about that much. But I can't sell them for a cent less than the selling price the company placed on them at the time they were pur chased. Neither will the company take them back. So under present conditions I have an $800 dead horse on my hands. "But the talking machines are not the only patented articles where the conditions of sale are similar. There are many others, and the people are being robbed right and left, not by the retailers as many of them are accus tomed to think, but by the manufac turers of these patented articles who have been able up to the present time to dictate the prices at which these articles may be sold. How much longer they will be able to do business in this arbitrary fashion in view of the recent decision of the supreme court remains to be seen. And I know that many other merchants in Topeka and all over the country as well as myself will welcome the day when that decision actually come into effect, and can be applied generally to the retail ing of patented articles." It was pointed out by another mer chant that nowadays there is as keen competition in the sale of pianos, ex cept as to possibly two lines, as there is in the retailing of ordinary mer chandise. Good pianos are cheaper to the public now than they ever had been, this man pointed out. And he said that this was due to the fact that practically all of the patents covering the various parts of pianos had run out. And he expressed the firm con viction that similar conditions would soon prevail in the sale and prices of all patented articles as soon as the manufacturers of these articles can be compelled, to do business under the law as laid down in the decision of the supreme court in question. Topekans Interested in Olds Bill. Topeka merchants also hope the Olds bill now before congress will be come a law. This bill provides a fine for any manufacturer of a patented article who attempts to fix its retail price. And the bill has another pro vision in it of great importance. It is now the practice of big concerns that put out patented articles to buy up any new patents on parts of such articles or on articles similar to them. Tliey pav fancy prices for these pat ents,; but not lor the purpose of using , them. They are generally bought to put away in pigeon holes where they will be out of harm's way. The Olds bill provides that if the manufacture of an article patented is not begun in side of three years in other words, if a patent is not actually used within that length of time it becomes dead. Then anyone would be able to avail himself of its virtues. JAIL FOR M'FARLAND. John Hanson Wants Probate Judge Behind the Bars. John F. Hanson, the legal luminary who has given many manifestations of late that he is not at all pleased with the way justice is administered in Kansas, appeared today before Judge Whitcomb in the second divi sion of the district court, with an ap plication that the county attorney be instructed to begin proceedings that would land Judge Hugh McFarland of the probate court in jail. Mr. Hanson is of the opinion that Judge McFar land' is guilty of oppression in office and that no punishment can be too severe for him. Hanson told Judge Whitcomb mat Judge McFarland had arbitrarily de nied him a review of the appointment of a guardian for Swan Johnson. He declared that Johnson had been un justly adjudged insane by former Probate Judge Schock, who had ap pointed a guardian that had abscond ed. He said that Judge McFarland had appointed a guardian to fill the vacancy thus created and that he had refused to review the appointment of this guardian. In presenting his argument to the court. Lawyer Hanson said among other things that the only way to get things done properly in the courts was to put some of the judges behind the bars. He asked that the machinery be started to put Judge McFarland in jail or compel him to reopen the ease of the appointment of this guardian for Swan Johnson. Judge Whitcomb denied the appli cation, it being his idea that if Judge McFarland was guilty of anything it was nothing more than making an er ror, and he did not feel justined in ordering his prosecution by the coun ty attorney for such a cause. KAWS GET PITCHERS. Oear Signs Men From St. Louis and Chicago Rusty Gone. YOU'LL realize what is meant by . the larg-est assortment when you come here for that new summer suit well show you a wonderful range of Hart Schaffner & Marx mid-season correct styles in novel patterns, handsome black and whites; shepard plaids, Dunn satin finished and fine worsteds with soft English rolls, comfortable lounge suits, patch pocket effects perfect fit ting garments. Many of them silk lined. Splendid values worth $10 more than FOR EVENING WEAR, why not a pair of white serge outing trousers with a neat black stripe Hart Schaffner & Marx; splen- j?ST did fitting; correct style v A HANDSOME unlined blue serge coat to go . $5 and $10 $25 Two pitchers have been added to the Katvs staff which, it is believed, will strengthen the club considerably. One of these men is Forrest, a Chicago semi-pro man who joined the club in Des Moines and worked in both games at Sioux City Sunday. The other is a man named Guinn who has been play ing with the St. Louis team in the Fed eral League. Guinn is expected to ar rive here today and join the team when they return from Sioux City, Tuesday morning. 1 Forrest is a left-handed man. He took the place of Rustenhaven who has been sent to Ft. Worth, in the Texas League on an optional sale. None of the local association officers know anything about Guinn but Gear has been after him for several, weeks. - He haa . a mighty good reputation. - Gear has shifted the lineup by put ting McLarry on second and is play ing in the outfield himself. The slump in batting of the team made it neces sary for Gear to get in the game him self and he is doing well. Gear is looking for an infielder who can hit regularly. Joe French is improving his batting some but Cochran does not appear to be improving any. However neither is hitting as well as they should. If they improve, a new infielder will not be necessary. The Kawa will begin a series with St. Joseph, on the local lot Tuesday. A double header will be played Wednesday. LIKED THE CONCERT. Large Crowd Heard Second Regiment Band on Capitol Grounds. with the white trousers, at both ALSO A PAIR of white canvas low shoes at $2.50 or the white Nubuck, in the English last, at $5 Atierba3LGtiette1 ill F i "Not a Sandwich Left" "But I might, have known it, because I used Butter-Nut Bread to make them." Butter-Nut makes wonderfully appetizing toast or sandwiches. Butter-Nut is the standard by which all other breads are judged. The NEW fSlITTER-NUT !BREAD "Rich as Butter Sweet as a Nut" We can't improve the ingredients in Butter-Nut Bread we use the best there are. This new formula and new process .of making en able us to turn out the best loaf ever baked. Your own trial will prove this, and it will cost you but 10 cents to make the trial large family size. At all good grocers. Ask to see the Butter-Nut label. At Your Grocers Made by the Ideal Bakery Baking Plant, 606-8 Jackson. Whenever you see "Rich as Butter Sweet as a Nut," Ihink of "Butter-Nut." ktum About a thousand people enjoyed the band concert at the state house grounds last night given by the Second Regiment band. The music began at 6:30 and for one hour the band played popular and patriotic pieces. The listeners dotted the south lawn of the capitol grounds and there were also many automobile loads of people sta tioned on Tenth street. Most of the people were in family groups, and the scores of children had Just as good a time as the grownups. The musicians were dressed in pure white uniforms and were about forty strong. Every piece that was played was enjoyed by the audience, who stayed on the grounds long after the concert was finished hoping for more of it. At the beginning, the band played old south ern tunes from "Old Swanee River" to the enlivening music of "Dixie." They were especially adept in playing military airs. Theodore Morse is the leader. This is the second Sunday concert that the Second Regiment has given on the steps of the state house and the program will be continued during the summer months. Every man in Topeka can take his entire family on Sunday and spend an enjoyable evening listen ing to high class music. The capitol is near the heart of the city and can be easily reached by nearly everyone. The quality of the music is all that can be asked and the probabilities are that there will be even larger crowds there on the Sunday evenings in the future. TOBUILD A ROAD. FlTe Counties Will Combine to Build Beloit to Colby. County commissioners in five Kan sas counties will meet at Downs to morrow and lay plans for the building of a modern public - highway through Osborne, Rooks, Graham, Sheridan and Thomas counties. It is the first real movement in the fight, to establish mod ern county roads through the western counties and the enthusiasm which has characterized the work in that district indicates that the plan may soon be come state wide. The new road will be almost "as straight as the crow flies," according to the present .plans, based on an air line plan. This new highway will not only be a model dirt road, bat will be a direct cutoff from Beloit to Colby. The commissioners of the five counties will start at Downs, go to Osborne, Stockton, HiU City, Hoxie and Plain vtlle. Each county will look after its own road to the county line, where the work will be taken up by the adjoining county and under the agreement which has been made an ideal road is insured over the new cutoff. R. M. Anderson, president of the Sunflower Trail, J. . Adams of Stockton, and I. R. Mort of Hill City, were largely responsible ror starting the movement that resulted in the building of the new western high way. NOVEL SUBWAY THIEF. Squad of Young Men Snatch Hats Through Windows. New York. June 23. A new species of subway thief is engaging the attention of the detectives. Complaints of many travelers make it appear that a squad of young men is operating from the crowded station platforms of the sub way reaching through the open win dows of trains and snatching hats, especially valuable Panamas, from the heads of unsuspecting passengers. Snyder's Team Shut Out. The Mail and Breeze baseball team shut out Snyder's team Sunday at League park by a score of 2 to 0. Stewart, who was on the mound for the Printers, was in fine form and held Harry Snyder's team to three hits. "Dummy" Taylor, who played first base for the Tailors, struck out three times. Stewart struck out nine men. The score: R H E Royal Tailors. 0 0 0 0 0 0 0 0 0 0 3 4 Mail and B'ze.O 1 1 0 0 0 0 0 2 11 2 Batteries Nagle and Snyder; Stew art and Reed. A A A We will be pleased to serve you in the car. Toot Your Horn and our soda clerks will take your order. Stansfieids 632 K.ans. Ave. JJ DR. GEO. PORT ASHT0N DENTIST Ball rhom 2 M. W. CerMf Eighth ana Kansas tarn ALOME 1 omorrow You May Be Certain A Diamond from Our Store Will Please Her and absolutely sure when you buy a diamond of the Santa Fe Watch Com pany that you are buying the best there is whether it is a $25 $35 $50 Gem others as High as You Care to Go. The Santa Watch 821 Kansas Avenue Topeka, Kan. pup-, Co. W&JI Our cataloi? brings lur Immense stock to your home. Select any diamond you wish; -it will b sent on approval with one cent down.