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} i DAILY ' 2 3 TIMES SUCCEEDS (Continued from Page 1) was put into effect and 1 think they had decided betore 'they knew the defendants. had decided to circulate the defendants paper in Oshawa. Certain- ly the on had been reached and the change, of name had been made betore the delendants began to ewrcu- late their paper in Oshawa in the man- ner or which the plaintiff complains, ihe aefendants ublish a paper which has been well identified with Port Hope, the place in which it 1» printed. 'lhe name¢ of that papér is The Daily 'Limes, but the Jae has been referred to by 'the defendants themselves it. editbrials, and no douby by such oi the.public as have known the paper as '"Twe Port Hope Daily Times." ; Having decided vo extend their cir- culation in Oshawa where their cir- culation was quite neghgible the de- fundants opened an othice in Oshawa aad put on their window a sign which was snown in a photograph, exhibit "0.' The first line, "The Daily Times," is in large letters and the second line in somewhat smaller but stil rather prominent letters the word, "Oshawa, rort Hope, Cobourg." ' ; In the issue of August 22nd of this year the deiendants made a change mn the heading of their paper, Therefore the heading had been "The Daily Times" and in the next fine, "Port Hope, Ontario," followed 4 the date or the. particular. issue,» The: change was this beneath the words "ine representing either vy continuance of the sign in the window, or by the use of the word Oshawa in the head- ing on the paper, that the paper published by the defendants is the paper owned and published by the plaintiff. That, put into the proper form in the formal judgment and possibly elaborated, if elaboration is necessary, is the extent of the relief that should be granted to the plain. 'tire. It is said the plaintiff has a trade mark on their heading, and I believe same is valid; I have heard nothing to the contrary. The plain- tiff is entitled to general damage without any proof of special dam- age, but I doubt if up to this time they have sufferéd any real damage, apart from the inconvenience caused and I do not feel that I would be justified in awarding damages, The defendants have a counter claim, in which they ask naturally *ar all which in any circumstances they could hope to get, and I think they ask for considerably more than they are entitled to. I do think, however, that they are entitled to, an injunction against the plaintiff} for the discontinuance by the plain- tiff of conduct just as ohjectionable ! as that of the defendants which I} have discussed, In the plaintift « paper on August 5, are claims to the right by the plaintiff to a monopoly in Oshawa ot the \use of the names and "Daily Times" for 'The Osh- | «Times | the Parties for whom they are in- |r mess for | think T should by the plaintiff that while the real awa Dally Times" and a statement HE P APER ON name i8 "The Oshawa Daily Times", it is perfectly legitimate in Oshawa to term it "Times" and "Daily Times" and pursuant to the claims stated in the advertisement referred | to the plaintiff has sought to cause the Bell Telephone Company to list the plaintiff's names, "The Oshawa Daily Times," "The Daily Times" and 'The Times." The defendants have a perfect right to have an office in Oshawa if they see fit, so long as they do not make the public believe their paper is The Oshawa Daily Times. I think there must be an injune- tion restraining the plaintiff from asserting amy right to have their paper known as "The Daily Times' or "The Times" and from asserting any right to have their paper listed in either of those names in the Bell Telephone Directory or elsewhere, Complaint is also made hy the de- fendants that the plaintiff has re. |, ceived from the post office mall in- tended for the defendants. 1 think | it would be impracticable to frame an injunction which would have the effect of remedying this cause of complain if there is a complaint, The Postmaster is not hefore the Court, His duty is to see that letters reach T think I cannot restrain the plaintiff from receiving mail ad- dressed to "The Dailv Times" or to thereby he restraining them from receiving letters intended for them, It they receive and retain letters paper _under the | i ® : § k h 3 | Daily Times," in type less prominent than the name of the paper but still fairly prominent, were the words quot- ed from the window, "Oshawa, Por Hope, Cobourg." Then in the date line instead of the name "Port Hope," formerly used, are the words, "ihe Daily Times," followed by the date. Now the purpose of the defendants in making this change is perfectly obvious. They tried to and did repre- sent that their paper was a paper hav- ing close connection of some sort with Oshawa, and the inevitable: result of the use of the style of heading refer- red to and the maintaining of the ad vertisemient on the window must be that perfons who are without com plete knowledge of the faets and wh read and speak with customary lack o precision will buv copies 'of the de fendants' paper in the belief that they are buying copies of the paper publish ed by the plantiff, and tairly. widely known as an Oshawa paper, Therefore I thing, (hat to allow the defendants to continue the prac- tice I have described is to allow them to pass off and to make it certain there will be passed off copies of defendants' paper as copies of paper issued by plaintiff, And so 1 think there must be an injunction restraining the defendants from cs ------ LX) rr New Martin THURSDAY A Romance of the Plains REX 'Wild Beauty A touching story of a horse's devotion to a girl who saved his life -- By striking down her aggressor, This Picture Is a decided change from the usual week end feature, COMEDY 8 ig, Sits fof A im. coe sess be h every alten This one deals with a day, y. ® ) id newspaper reported who call 5 believes in gettng mews ret. " Coavitsion "wl Toes at office. before it is E --'ll| LIVE NEWS | The Best In RADIOS The Marconi Shop Phone 2604 Corner King & Celina SERIAL "BLAKE OF 'not intended for them, the defend- | ants will not be without redress. If (the defendants receive and retain , letters intended for the plaintiff, the plaintiff will not he without redress. {But T do rat ser how an injunction order could he framed to cover this branch of the case. i Subject to wny necessary elahora- | tion, the infunction against the _nlaintiff should be merely what I fay. azainst representine their paper to be "The Daily Times" and against causing the telephone companv to list their paper as "The Times" or "The Daily Times." I'm sorry that judement has to he enforced, I suggested yesterday afternoon that the parties use com- mon fense, a better arrangement could have heen made, I still think they would be very wise if they would try hard to make! up a work- (able arrangement, which might in- i volve change in the title of one or | ,other of the papers or both. However, courts are for the purpose of enforce. ing rights when they have to be en- forced, No order was made as to costs, On the application of connsel for the defendants stay of execution for one month was granted. RAILWAYS MAY SUE CROSSING ACCIDENTS Montreal, Oct, 18,--Motorists who refuse to "stop, look and listen" when approaching highway crossings MOTORISTS WHO CAUSE | ! strain of faith and hope usually in CANADIAN MUSIC American Music is Also Discussed By Music Study Club © American and Canadian Music was the topic heard at the Music Study Club last evening in a presen- tation both literary and musical, Business was transacted after the opening of the meeting in which ar- rangements were made for the con- cert to be given in November by Senor Guerrero and Madam Dus- seau and also an invitation from the Bowmanville Music Club was ac. xepted for the concert to be given October 26. The evolution of American music was ably dealt with in a paper by 'Mrs. D, R, Cameron.' and Canadian music by Miss FH. Keddie. Both pa- pers were very instructive, and the #lub is indebted to the writers for the valuable information so admir- 'ably presented. Mrs. Cameron stat- pd that to cover the whole fleld of music in the United States in one short paper is next to an impossi- bility if the paper is to be anything pmore than a catalogue of names, dates, and titles, The wonder is that in a short 150 years of inde- 'pendent national life, a type has been developed so strongly distine- tive as to be easily recognized the world over. From the Puritan British and Dutch peoples of the north developed the north-eastern type of American, what we know as 'the New Englander. It was this corner of the nation with its more serious view of life that became the nucleus of American learning and culture which has extended over the nation, Music and Art in the early days had a hard struggle for exis- 'tence. In the churches music was not tolerated, the only form used being that to which the Psalms were fnne, Gradually this opposition died out and musical publications containing psalms, hymns, and an- thems with sections devoted to in- struction as well were issued and used by the public. The evolution of American church music from the early beginning to that as heard to- day was brought about chiefly by the efforts of three men--Thos. Hastings, Nathaniel Gould and Low. ell Mason. | The Amorican nation is rich in patriotic music as a revolution re- sulting in the birth of a new inde. pendent country naturally brought patriotism to a very high pitch, Peculiar to the uegro of the South are the slave songs so simple and childlike, many expressive of their unhappy condition, some with a the life to come; for the present held little of either for the slave. To the negro influence we also owe Forgets', the songs of Stephen Foster, which universally applied to humanity in their sentiment as shown in "Qld Folks At Home", "Old Black Joe", and "My Old Kentucky Home. In mentioning music distinetly American, jazz must not be alto- gether passed over with Paul Whit. man as the originator, who claims that it has won its place in the world of music, because of its ap- peal to the common people in. its enlivening and cheering influence. The music of American composers rendered was the "Bayou Song' by Lillian Strickland, sung by Mrs, Jack Smith. Duet--"Farewell to Summer", Noel Johnson, given by Mrs. Farrow and Mrs; Foster, and "God Remembers When the World Carrie Jacobs, Bond, sung by Mrs. T. E, East, which were all much appreciated by the audi- ence Miss McBrady gave an excellent and artistic rendering of McDowell's '""Polonaise'", which greatly pleased her hearers, A pleasing variation of the pro-' gram was the classical dancing of some pupils of B.B. College, with Miss Woodhull at the piano. This exhibition was much admired for its ease and grace of mov it} they were brought to this country and adapted to accompany the swing of the axe, the stroke of the pad- dle, the pounaing of the stones for the washing of clothes, or the whirr of the spinning wheel. It is gratifying to note that at the annual Convention of the Ca- nadian Authors' Association held at Ottawa, the end of June, some very interesting facts were brought out by the copyright committee with regard te Canadian composers, the total of their published works reaching nearly 2,000, An important stimulus in arous. fz interest yn Canadian composers is being given by the Canadian Na. tional Railways, whose Radio de- partment is one of the best and most extensive in the world in de- ciding to present a greater number of Canadian composers in the musi- cal programs offered through the eleven stations operated across the Dominion, Mrs. Hare sang efreciwvely "When the Swallows Homeward Fly," by Maude V. White, A fitting coné¢lu- sion to the program was the sing- ing of Dr, Vogt's "Indian Lullaby", What is wrong with the tea? If this question is ever asked at the table you may ind that she tea Jou are ng was in a poor package. Careful experiments have proven that Aluminum .is the only fit package to keep d tea in. You should try Tea and see how fresh and brisk and pungent it is in the Aluminum pack- age. 107 SE = 3 A by a double octeite unce). the direc- tion of Mrs. Hallitt, For the length of time this octette has been organ- ized it gave a wonderfully good ac- count of itself, and reflects much credit on the jeader, Mrs. Halbitt, and will be looked forward to again with much interest, The accompa- nists of the evening were Mrs. Bateman, Mrs. Jack Smith, Mrs, Hare and Mrs. Matthie, Through the courtesy of General Motors the meeting was held in the fine Recrea- tion Hall, . Ll Before the Canadian music was introduced the club sang heartly "O Canada', Miss H, Keddie in her pa- per on Canamian music said that as yet it may be classed in the prim- ry stage as to quote Dr, Ernest Mc. Millan, "There is no distinctive school of Canadian composers", Canadian music had its birth in Indian songs with the tom-tom sometimes used as accompaniment, The music of the Eskimo is al- most entirely vocal, and is confined to dance songs, weather incantations ahd children's songs. When the French settlers came --DEWLAND'S-- 'HELENA GIRDLES to Canada, they brought with them the Songs of Brittany and Norman- dy. At a later date when the Brit. | ish assumed control the two mili. | tary centres--Halifax and Quebec-- became the most musically inelined cities of Canada, Music early in the 19th Century was confined almost entirely to the churches, and it is in them the principal achievements have had their origin. The church organists have been and still are the chief factors in the formation of mu. sical societies and the production of musical works, Toronto has now vwecome the mu- | sical centre of Canada and many are the pioneers whose untiring ef. , forts have placed her in that hon- | orable position, ! In speaking of Canadian, the chansons of the French Canadians have a particular interest, Until recently the lovely old songs sung by the habitant have been known by few outside Quebec, for the rea- son of the majority of the nonFrench Canad:»ns'Tiave made no attempt to learn the French lauguage, and that they are now beginning to be more generally known is due to the ef- forts of Murray Gibbon, who has translated several of the songs, which were enthusiastically receiv- ed. Originated in a gentler age, woman, who is particular what she wears, This is a perfectly made and fitted garment, Made of the best materials, Woven elastic inserts on both sides, Piped with dainty edg- ing, 4 hose supports, All sizes, Sells for The Aristocrat of all Girdles for 9 1.75 A very fine silk knit mesh, heavy quality, all sizes. Col- ors are peach, white, orchid, green, sunset, maize, French nude and japonica. Watson's Silk Lingerie Vests, 98c Bloomers, $1.25 AINSLEY CHINA Cup and Saucers in fifty different Patterns and Styles, These are the hit of the season in fine China wear, and are to be found in our Basement Gif Shoppe at the remarkable low price for cup and saucer 75c¢C | over railway tracks or other railway property, and who, by reckless driv- ing, cause damage to locomotive, cars, crossing gates or other rail- way property or equipment, face the prospect of being sued in court for whatever damage their r:shness may cause. according to legal offi- cers of the Canadian National Rail- Iways. So many accident have wue- . THURSDAY of this week of a Big Circus and a Western Rosy combined, i WILLIAM FOX N icurred recently wherein drivers of motor vehicles have crashed into the sides of standing or moving traing that such a step has become necessary to place a check on reck- less driving, officials state. It I: cus.omary on the part of the public, in the case of aceidents at level crossings, to consider that the automobile or other private ve- hicles concerned has heen struck by portion of recent cases, however. the accident has been the other way about, the train having been struck by the automobile while the train !was on the crossing, either stand- ing or in motion. In such cases, It lis claimed unless there are special | Cikeumatances surrounding the a=2- cident, the fault rests with the dri- the railway train. In a large pro- | | ver of the automobile. ~McLARNIN KNOCKS OUT KAPLAN IN BOUT IN CHICAGO Chicago, Oct, 19--Jimmy MecLar- nin of Vancouver knocked out Louis ("Kid") Kaplan, the East's conten- der for the lightweight champion- ship, in the eighth round of a sched- uled 10-round bout in the Coliseum last night. Kaplan, who until a few months ago held the world's featherweight | championship, and gave it up be- cause he no longer could make the | weight, was dropped three times be. fore he was counted out. ; He was knocked down for a count | of nine in the fifth round, after hav- in floored McLarpin twice in the first and second. } In the eighth, McLarnin smashed { over a short right to the chin, and | the chunky Kaplan hit the floor for a count of three. i When he struggled to his feet, | the blond Los Angeles boy swarmed all over him, dropping him again ! with a left and right to the jaw. | The knockout of Kaplan was an upset, as he had been boomed as an | tstanding challenger of the cham. pionship match with Sammy Man- dell. ! { MecLarnin scaled 135% and Kap- !lan 136. The match drew about 6, : 000, and the receipts were around $18,000. ! MOCK ¢ ' "2Y PIE Put through f, Jd chopper 1 cup raw and % cup raisins. Mix | 1 cn ar, 2 DO flour. | 1 if ME; a few bake be- ! wit gg Bw WATCH THIS PAGE TOMORROW