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
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pany that you are buying the best
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821 Kansas Avenue
Topeka, Kan.
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