OF INTEREST
TO PEOPLE 10
EAT PEACHES
PROCESS OF CANNING THIS DE
LICIOUS FRUIT IS CAUSE
FOR LITIGATION.
INVOLVES VALIDITY OF PATENT
Leading Attorneys from New York,
Chicago and Los Angeles Concerned
in Trial, Result of Which May
Hoist Price of the Canned Luxury.
LOS ANGELES, Calif., May 15.—
Every household in the land where
canned peaches form a portion of the
menu at any season of the year is di
rectly interested in the trial of a case
involving the validity of the “Dunk
ley Patent,” which was to go on trial
here today before Judge Oscar A.
Triplett in the United States district
court.
An array of legal talent, including
Francis J. Honey, known because of
his connection with the San Francisco
graft cases, and more recently be
cause of his employment by the Unit
ed States government in the investi
gation of meat packers’ methods, was
to appear as leading counsel for the
defendants, assisted by Kemper B.
Campbell and Frederick S. Lyon, of
Los Angeles, while attorneys from
♦ New York, Chicago and Los Angeles
were to appear for the complaint.
Briefly, the case is this; peaches are
peeled, in most canneries by the use
of a lye process which is admittedly
more sanitary, quicker and cheaper
than hand labor. Dunkley patented a
device for doing this work, and then
( sued a number of independent canner
ies to restrain them from using sim
ilar devices that they claimed to have
developed themselves, and to require
the payment of royalties on all fruit
packed by such process in future. The
te.-t case is against the Pasadena Can
ning company.
The defendant companies claimed
in their pleadings that if the*Dunkley
patent should be sustained, and the
royalty exacted, it would mean an in
crease in the cost of packing equal to
the royalty, namely, three dollars a
ton. and this would have to be added
to the price of the canned goods, thus
throwing another burden on the pock
etbcok of the consumer.
Certain of the large packers of Cal
ifornia and elsewhere already have
£ licenses to use the Dunkley patent,
and the defendant companies make
the claim, which they say they can
Ysub.-tuntiate, that purely nominal
- an paid by such users. They
say that if the patent is sustained, the
pre.'< m users will have a decided ad
vantage, because they will be able to
take the market price without pay
ing the royalty, thus gaining an ad
ditional profit from the right to use
the paten;.
Another contention made by the
deL ndant is that the Dunkley patent
should be invalidated because of a
“prior use,” that is, the operation of
of a similar simple process by others
than Dunkley long before his patent
was issued. To substantiate this
claim, tho packers say that the pro
' ss is not’uing but a convenient meth
od of first (lipf)ing tho p aches in lye
water to disintegrate the peel—known
to children as the fuzz—and the con
veying them into clear water to re
move any traces of the lye and disin
tegrated peel. They say anybody
with two buckets and the lye solution
can perform the process, and that
Dunkley’s patent is merely one on
method, while the present owner of
the fiatent maintains that it is broad
enough to cover tho basic operation
itself.
The independent packers claim that
the validation of the Dunkley claims
would also have a tendency to in
crease the prices of other cannery
products because they say that can
neries running on peaches are in bet
ter shape to contract with both grow
ers and jobbers for other fruits, and
can operate with their overhead
charges distributed through a longer
season.
Canneries in almost every peach
growing state are said to be watch
ing the case to be tried here, which
is considered by both sides as a
test. If the Dunkley contentions are
sustained, it means, according to at
torneys for the defendants, that the
owners of the patents will be able to
exact royalties from every user of the
lye peeling process in the country or
in friendly foreign lands.
In the Dunkley case, information
has been sought in every corner of
the United States as to when the lve
peeling process was put into use in
different canneries, when the use of
mechanical contrivances for handling
the fruit superseded mere dipping by
hand in suitable containers, and what
the effect on grower, canner, jobber
and consumer woula be if the patent
was declared valid, and the sought-for
royalties allowed. The royalties, it
has been estimated, would exceed a
half million dollars yearly in Califor
nia. If proportionate sums could be
collected elsewhere, the holders of the
patent would not have to work for at
lease the seventeen years of its life.
SEA BATTLE
If
IS EXPECTED
BRITISH NAVY OFFICERS HEAR
THAT ENEMY FLEET
IS COMING OUT.
FIGHT MAY OCCUR ANY DAY
In Preparing for Impending Engage
ment. American Warships Are Giv
en the Post of Honor—Allied Fleets
Anxious to Try Conclusions.
NEW YORK, June 3.—The heads
of the British navy, according to a re
port which reached New York today,
has received information to the effect
that the German fleet will shortly
come out in the open and give a de
cisive battle to the allied fleet. The
allied navy men have already prepared
the plan of battle, and the American
warhsips are to be given the post of
honor, leading the attack. The allies
have long been waiting to get a chance
at the German fleet, which, since the
opening of the world war, has been
kept safely guarded in the several
: naval bases in Germany.
Rear Admiral Gleaves, of the
United States navy, in an address in
New York Saturday night, declared
that this nation has a large number
of first-class battleships, comparing
favorably with the British navy in this
respect.
MATTLE-S('AKREI) DOLL IS
MROI GHT I ROM THE FRONT
ST. CATHERINES, Ont., June 4.—
Lieutenant Jack O’Brien has brought
a battle-scarred doll from shell-torn
France to freedom, although the doll’s
seven year old “mama” lies in a
loughly made grave, a victim of Ger
man ruthlessness. The lieutenant who
is on leove from the French foreign
bgion to do recruiting service in Can
ada, is using the doll in his campaign
for new soldiers.
“This doll,” says the veteran of man
batles, “was handed to me one day in
France by a little brown-eyed, curly
haired girl while the Germans were
! sweeping toward the village in which
the child lived.
“ T want you to take my dolly to
freedom,’ she said as her baby arms
I tenderly extended this ragged little
J sawdust doll to me.
“My terrific fighting the Germans
.drove our forces from the village.
Later, when we counter-attacked and
i rr gained the town, it was a scene of
d< soiation, the bodies of soldiers and
civilians filling the streets.
“Among the dead was the little doll
mother who wanted ther ‘baby’ to
have the freedom of which she had
been robbed.
“I buried her in the village from
which the Germans had been unable
to drive her, and promised myself that
I would indeed ‘take dolly to free
dom.’ ”
A bride always has an independent
feeling that it isn’t proper to spend
a husband’s money. But it doesn’t
last long.
FORMER PRESIDENT GREETS
DELEGATION OF FRENCH
TROOPS.
PRAISES THEIR GREAT BRAVERY
Teddy Says He Is Prouder of the Fact
That He Has Four Sons Serving in
France Than That He Was Presi
dent of United States.
NEW YORK, June 4—“I am proud
er of the fact that I have four sons
fighting with the American army in
France than I am that I was once the
' president of the United States.
This was the keynote in the address
of welcome with which Colonel Theo
dore Roosevelt of America greeted
the hundred “Blue Devils” of France
when he met them yesterday at a re
ception at the Harvard club.
It was at the persistent and unan
imous request of every one of the
hundred that the reception with Col
onel Roosevelt was arranged. Ever
since they have landed the “Blue Dev
ils” have expressed the desire to see
the colonel, and when this fact was
jnade known to the former president
he readily consented to come in from
Sagamore hill.
The “Blue Devils” arrived at the
club in buses and marched into the
big hall on the ground floor at 2
o’clock. They stood at attention be
hind their officers, their impassive
faces bearing no trace of an emotion
beyond the calm confidence in them
selves that came from battle dangers
undergone and laughed at.
The Colonel, who was at lunch, hur
ried to the hall to greet the soldiers.
As he passed the line with long rifle
barrels and bayonets gleaming in the
glare of electric lamps, a slight trem
or passed through the sturdy ranks.
Passing directly to the little knot of
officers, Colonel Roosevelt addressed
them briefly in French and turned to
the soldiers:
“Soldiers of France,” he said,
“there are no men in the world whom
every good American is more glad to
welcome than you men of France. I
have been president of the United
States, and I am proud of it. I am
prouder of the fact that I have four
sons fighting with the American army
in France. One of them has been
wounded and has received the French
Cross of War, and there is no pos
session of our family which I prize so
highly.
“When we have beaten the boche
and made the world safe, all the na
tions of mankind will owe their great
est debt to France. There is only one
set of men to be envied today. They
are men to whom the great good for
tune has come of fighting in this
great cause for humanity. As I have
told my fellow-countrymen, it will be
more pleasant to explain why you
have fought than for those who will
have to explain why they have not
fought. I shall end simply by saying,
‘I greet from a full heart the flag of
France and the soldiers of France.’ ”
There was a lack of applause when
j the colonel finished speaking, for each
man was weighing his words and
cherishing them as something sacred.
When the speaker stepped forward to
greet each soldier in person specta
tors noticed that there was hardly a
man in command whose eyes were
free from tears, while Colonel Roose
velt’s tones were husky as he said to
each man, “God bless you, my boy.”
Speaking of the “Blue Devils” aft
erward, Colonel Roosevelt praised
them highly.
“They are a magnificent lot of
men,” he said. “Did you notice the
look of determination on their young
faces? It made them appear older
than they really were, but it came
from three years of war. There can
be no doubt of the outcome of this
war when men like that fight on our
side.”
From the Harvard club, the “Blue
Devils” marched to the Hippodrome,
where they were guests of the man
agement and the Liberty Loan com
mittee. A touching scene occurred
just outside the Harvard club as the
men marched away. General Claudon,
head of the French military mission
here, was at Fifth avenue and Forty
fourth street when he heard the fa
miliar notes of a French bugle, sound
ing “Fall In.”
The general turned and hurried up
Forty-fourth street until he got to
the club, where he saw a large auto
mobile with five French officers,
whom he recognized as men in the Al
pine Chasseur command whom he had
addressed Tuesday but whom he had
never met. The general and the young
officers of the “Blue Devils” saw
each other at the same time, and,
heedless of taxicabs and delivery
wagons, rushed to greet one another.
The five officers stopped just before
they reached the white-mustached
general officer in the middle of the
street, and stood stiffly at attention
while they named themselves one af
ter another to the representative of
their country's army in America.
At the Hippodrome, the “Blue Dev
ils’ ” appearance was the signal for
an enthusiastic outburst and for an
immediate liberty loan drive. With
in ten minutes $18,500 worth of bonds
were subscribed for. After the show
they went to the home of J. F. Mor
gan, where they were greeted by the
banker and Mrs. Morgan. After that,
the officers dined with General Clau
don. Officers and men were guests at
the Palace theatre last night. Today
the “Blue Devils” will visit the Statue
of Liberty. In the afternoon they
will attend the ball game at Ebbetts’
Field in Brooklyn.
When the roll of the detachment of
French Chasseurs Alpins, the famous
“Blue Devils,” was called at the Lib
erty Land bazaar yesterday there was
a youth in khaki standing on the edge
of the crowd who listened attentively
to the names and started forward as
j he heard Private Marcel Humbert
j answer. The moment the French
i line was dismissed the boy in khaki
i rushed up to Humbert and embraced
j him. Then it was learned that the
S boy in khaki. Private Rene Humbert,
| of the new 69th regiment, was a
brother of the French veteran and
; had not seen him for ten years.
The Humberts lived in' Biarritz and
I ten years ago the mother came to
■ this country with her daughter and 8
| year old Rene, leaving Marcel behind.
| Xone of the family had revisited
France since then. Rene was 18 years
old in March and at once enlisted in
I the new 69th regiment to get military
training. He happened to be detailed
, for duty at the armory, where the
Liberty Land bazaar is being held.
His mother and his sister, Mrs. Leon
Arnaud, of Brooklyn, were called by
I telephone and the family held a re
union last night. Marcel Humbert
has been in the service since the be
ginning of th.e war, and has acquired
three wounds, the Croix de Guerre,
and the Legion of Honor.
1
PATRIOTIC CHAUFFEUR KNITS
FOR BOYS WHILE WAITING
EL FASO, Tex., June 4.—As he sits
! on the driver’s seat of his automobile
j Billy Davis knits. His knitting is di
I rected to the making of practical
j things. Billy knits no pale green
j sweaters nor variagated mufflers. He
j purls and yarns and heels on one olive
j deag sock after another as he sits and
j waits for his employer to call for the
i automobile—Billy is one of the front
j ier characters of El Paso. Before the
days of automobiles he drove an old,
two hack. Now Billy is driving for a
family of banks and his knitting dur
ing his odd moments is to make socks
for the youngest member of the fam
ily who is away with the colors and
I whose feet Billy has sworn to keep
warm up till the war is over. He
learned to knit at odd times and is
now as deft with the needles as is the
most experienced woman knitter.
A SWEEPING CHANGE
“I see they made a sweeping change
in this hotel" said the Fat Man.
“That so?" asked the Thin Man.
“Yes,” replied the Fat Man. “They
fired one of the chambermaids and
hired a new one."
SOME CREW
We were on a train on the L. and
E., railroad in Kentucky the other
day and Conductor Short introduced
us to Engineer Long.
L
BIS SUIT
MRS. HEIM GIVEN DECISION IN
SUIT AGAINST J. A. WILSON ..
OVER ALASKA MINES.
SIX MILLION DOLLARS INVOLVED.
Wman Claimant Says She Staked
Wilson When He Went to the
Northland in Search of Gold; That
He I>ocated Forty-Seven Claims and
Mined Out $12,000,000.
SAN FRANCISCO, June 4. — The
grubstake law has been upheld in an
important decision which was handed
down in the superior court yesterday
and which involves the sum of six
million dollars. The case is that of
Mrs. Helen Heim versus J. A. Wilson,
and it has been dragging its weary
way through the courts for the past
ten years.
In the early days of the Klondike
Mrs. Heim proved that she grubstak
ed a man who at that time was a
friend—one J. A. Wilson. Wilson
joined the stampede to the Klondike
: but failed to make good in that
camp. He later went to the Nome
district, being among the first to ar- j
-ive, and was among the original lo
cators on the famous Ophir creek, in
the Golovin bay country. The testi
mony adduced at the trial was that
Wilson located several rich gold j
claims while under the grubstake j
agreement, but with the aceumula-;
tion of wealth, he ignored the woman |
who had come to his rescue in the i
time of need. The claims proved very j
rich and Wilson, with the gold ex
tracted from them, bought other
prperties, until he had acquired, by
purchase or by location, some forty
seven claims. The testimony at the
trial proved that Wilson, since the j
original locations on Ophir creek, had j
mined out the huge sum of $12 000,- j
000 in gold.
The decision rendered yesterday j
gives Mrs. Heim half of this amount, i
or $0,000,000.
POOR MUST COME FIRST.
NEW YORK, June 4.—For the pur-!
pose of alleviating the conditions |
caused by scarcity of small dwellings ;
the socialist members of the Saxon
Diet have introduced a motion de- j
manding that after the conclusion of
peace, the construction of villas and
! surfiptuous homes be forbidden until
the demand for small dwellings has
| been met. Apartments not fully
utilwed would be taken over by the
state, under this plan, say German
newspapers.
! NOTED THEORIST FACES DEATH
AMSTERDAM, June 4.—Professor
; Ernest Haeckel, the gerat German ex
: ponent of the Darwinian theory, is re
; ported by the German newspapers to
j be in failing health. On his 84th birth
' day, he sent out to his friends an en
! graved birthday card, bidding them all
farewell, and declaring that he ex
pected to die before next winter. His
valedictory expresses the hope that
| “soon after the end of this mad, cul
! ture-destroying war, our longed-for
j German peace will be firmly establish
S ed on a scientific basis.
MSS. STOKES TO
SERVE TEN YEARS
KANSAS CITY, June 1.—Mrs.
I Rose Stokes, a prominent member of
the socialist party, was yesterday
sentenced to serve ten years in the
penitentiary, following her conviction
for violation of the espionage laws of
the United States. She was sentenced
to ten years on each of three counts,
but the sentences run concurrently.
HAW! HAW!
Speaking of names, I ran aci'oss a
combination that is bound to make
Luke McLuke grin when he reads this
Mr. Best at Alexander told it*to me.
Mr. Pye, the late country demonstra
tor, introduced Mr. Apple to Mr. Best.
In response Mr. Best said: “Ah hem,
the Best Apple Pie."
NEEDED SET OF TEETH, BUT
BOUGHT A BOND INSTEAD
LOS ANGELES, June 4.—While
one of the motion picture actresses
known from coast to coast for her
beauty and vivacity, was selling bonds
of the Third Libei’ty Loan from the
desk of an imitation tank here a few
days ago, Mrs. Mary McDermott, an
aged news vendor, bent, wrinkled, and
very plainly clad, approached the
speaker.
The actress halted her speech, and
bent to listen to Mrs. McDermott, who
held fifty dollars tightly clutched in
her worn hand. The older woman said
she wanted to buy a bond, and pay
cash for it.
“Can you spare this money?” said
the speaker.
“Well,” said Mrs. McDermott, “I
had saved it a little at a time to buy
me a new set of teeth, but I think I'll
get along without the teeth and help
win the war.”
MANY REFUGEES
REACHING PARIS
PARIS, June 4.—Refugees from the
Aisne and the Marne districts are ar
riving today in large numbers. They
are desolute and hungry and reached
here on railway trains and in canal
boats. American Red Cross trucks,
with food, met thousands on the way
here and gave them temporary
shelter.
FEMALES EXCEL MALES.
LONDON, June 4.—Women stu
dents at the school of the British
Pharmaceutical Society here easily
beat the men in recent examinations,
securing all the cheif awards. They
took four silver medals, and, of eleven
distinctions conferred, only one was
won by a man.
GENERAL CR0Z1ER
HOME FROM FRONT
WASHINGTON, D. C., June 1.—
General Crozier, chief of the United
States ordnance department of the
army and a member of the American
war cabinet, reached Washington last
evening. He has just returned from a
visit to the European battlefields, but
declines to be interviewed until he re
ports to the secretary of war.
SEATTLE, June 1.—A sensation
was created in Seattle last night by
the arrest of Ludwig Kahn, prom
inent wholesale merchant of this city,
who is charged by secret service op
eratives with being a German spy.
It is charged that Kahn has made
several attempts to give German in
formation with respect to the Ameri
can forces in this country, as well as
those who have gone to the front.
Secret service men have been on his
trail for months past, and it was not
until yesterday that they had evi
dence sufficient to justify his arrest
as a spy.
Kahn is a naturalized American.
He was born in Germany. He is a
man of considerable wealth.
“LONG, LONG, TRAIL” WINS
PRIZE AS BEST WAR SONG
NEW HAVEN, Conn., June 1.—
Yale today awarded the Francis Jos
eph Vernon prize of $100, offered for
the best poem expressive of Yale
ideals, life, and associations, to the
popular war song, “There’s a Long,
Long Trail.” The award never before
went to a popular song.
The authors, Alonzo Elliott and
Stoddard King, are Yale graduates of
1 the classes of 1913 and 1914, respect
| ively. Elliot wrote the music in 1913,
i a year before the outbreak of the
| Eui’opean war, in his room in Con
necticut Hall, Yale. He is now en
gaged in agriculture in Manchester,
N. H. King is now doing editorial
work on The Spokesman-Review, in
Spokane, Wash. He wrote the words in
collaboration with Elliott without
thought on the part of either that the
poem would ever be sung in connec
tion with war. The judges who award
ed the prize were Professors Wilbur
Cross and Harry Jepson, Yale, and
Dr. Colman W. Cutler, Yale, 1885, of
New York City.