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Patrick, Warren A. (ed.) / Show world
(November 13, 1909)

Employe [employee] sues circus; court is against him,   p. 18

Page 18

I 1- ) - t r  i :  1909.
Sells-Floto  Temporarily Restrained from  Use of Pictures  Gollmar Brothers Get Verdict and Will Not Have to Pay
Showing Any of the Sells Family.          Damages
I)EINVEH. I "d .,  N''l.  1. -In I-he  Ca e
oft Iling~ilng  lienthers,  petitionling  for  a
tempo rary injumction restrainling the use
of the name       "I -5ls" and "ig SlIls
Shows' in cunn lion With the Sells-
Floto Showsi tius    if Ipictures of the
original Sells   rti    in conj u  tion
with pictures of \illtiamt Sells and Otto
Floto, and to restrain the use of the
words "A Conltir\ of Circus Wisdom."
fthe couItirt orders that upon fOling a liiil
in  the  sum11 1   to1f $1,000, Ithi i g  Brothers
may have a telporary restrainting ordr ,
issuled restraiing the Sells-Floto Shows
company, Frederick G. Ilo(nfils and Harry
-f. Tamtmen, their agents, servants, etc.,
as the orIder reads:   "From using in
connectint with liti adtetiig of a cii-
cus, travling show oi like entertain-
nent, pictorial representations of Eoh-
rins  Sells,  Allen  Sells,  Peter  Sells  III
Levis Sells, or of anuiy one oIr more if
then. uttil the further order of thi-
court." In all oter things the letitiont
of the Rinlin   litothers is denied.
It dlittiti i on t racts of sale front
Sells brothers. Itiley and others, in lil,-
to Hitogling lrthers, they submitted a
imit er ( ofm ItHavit tob tained ree nI 1
Initt fill -lbilirnst-ltaitsN e teoeti
swore thait when Iihov saw Ilt,- hills with
these potrtits, althoirughi oserior undei
lot-a- litters  -,elis -loto Cicus," thti-
lielieod tht  it wis the "Adam    Fort-
pangh   &   Sells IBrotlers  Comlbinlte
Shtows" that was avettised, as coming.
In Winter Quarters.
The Sells-Floto people did not have
time before the aiy set for the hearing
of the application fOr i telporara it-s
junction to obtain counter affidavits or
to  check ip   the affidavits Iinling
Brothers had obtained several days or,
weeks before. The matter is probal
of no satrticilti consequence since Sell-
Iloto shows hadlti one Into ainter quar-
ters before the time fixed Iv the coit
for passing upon the applicatiion for th
temporary writ.
The Sells-Floto people look upon tlit
result as a most substantial victory. ti
their title to the name "Sells." whil
they purchased from XWtilliait Sells, t-i
the Big Sells Shows. is recognized i
the Federil court is good. but as a imt-
ter of formts if not principle, the Sells-
Plotlpeople ittend to 5iki depositittts
in the sothetrns state- t-, offset tise ath-
davits refertd to. aith the view upon
1inal Ieariti  of having  ie temporary
restraining order dissol-d.
File a Cross Bill.
The Selhs--ltt  peo-tlei  isave filed :I
ct-ss bill. tlsittu <-tiaces that i
itsto tle Isiuitt rids otf tsottssinds, atdari
soon  as, fit- Rintlisc- brtt- rcts las--
nleaded to this iross li1. a-ill lbeein ta-
iu testiniony alonc tle line of the 19u'',
rouite. awhichi extend., fronm El Pus--.
Te;is   thira i talifrani  and all tI-
Poeifi c stsitits st Vanisuert, from  Vatit
cssrar ti  Norfolk  \as., and tliottit
isisis-ic-olla--ill if the stauthiertn states.
it is all ege by the Sells-Floto peoh1-
t   at aiiin brthers     ha e   esi
misset a i        ota diiie stne entie scsit
a eevi" ta ti     n  cine etilstin"
hllsi - alse retis siott the Sells-
Pla oto Isitoas. antd sitnce Septitmber i
hssa   iiiI caciter  tissts aaiths hsani hill.,
fouir oi hie tiays ahteaci of the ciris
salthics coisselledt] he Sells-Flor titil-
to have mien follow ip with other bill,
counteractisr te efect of the nitigl itt
brtthers' hills- tata tat thriii days ahi-i
of the cireits. Since the Sells-Floto pe-
pie were preparing to bring suit againt
the -IRingling Blrothers for damtages, theit-
me hrav attsissitlated a ass amiount (t
eahi i-utIcUtintt Ifit scason, butr to Iso-
it lreuced to form   that would lIe na-
stte-l itn theo co 1itit t is neetcssary thut
depotsitiotis  o ail sliest's( asisisisses I-
taken oitir I      11 iteetI tre  cttmnstsin -
* 1--S. It isi -s1itu Is t l tiat the expaense oil
ich site in gtt in rady for trial sil:
not ie stt if $1o000.
United States Tent & Awning Co.
?2-28 North Desplaines StreetCHICAGO
II. If. Tamimn hs-  li1ad the following to
s:i  revIg, ard, inIg  the  temlporary  injunction:
-I am, pleased beyonId measure that is I-
Cou(irt titik notice of this case by grant-
ing the injiinctiin, at least the part of
it so far as the four heasdti are con-
cerned, because otherwise the whole case
woiuld have beenl practically dropped,
itd. us it now stands, being a case in
equity. I aima assuming that the court
will take jurisdiictiont of the e cnic case,
atnd that will hult definite and distinct
undrstanlding as to hlow fa   the Ring-
ling Brothers and their various circuses
can go in a guerilla warfare against the
hi S-lls-tt sitws, aithouit being in
WI-liSTEt CITY, loaa, Nos. 10.-
The case of John Sherman again ,t the
tnlliar Circus in which $5000 damiagel s
was asked has just been dismissed in
tit district court at Sioux City. The
circus train was four hours late and
running  ift t  miles an hour when it aaas
wrecked at a switch. Sherman was itn
a car with five elephants and five cai-
els and it seems almost a miracle that
ie escaped aaith his life. The judge
directed  a verdict oni tle grounds that
the  liltilitN, if  any, lay  with  the  rail-
road coipsiny, not the circus owners.
Sherman sustaitied a number of broken
rilbs and other severe. thuigh not per-
inanent. itsitu-l s.--TIUCKE '.
Successful Year Has Been Rouuded Out and Report Has It
That Few Accidents Have Marred the Tour of Shows
if(-CIlIA NI). a\ss. Nov  1  a--Followsing   Johnny  1aker  wsent iittiugh t itn  I-
wit is  said  to  be one of its  most suc-  show  train  and  with  Iajoir  Lilly, will
tessful seasosns, the Two bills' show  superintend the arrangements in the win-
dii1anded in this city. The sea on is  ter quarters. The Indians have been
said to have been free from accident,. sent back to the reservation, and, as in
lit a  fw  ra in" t ay  are reportel  and  passt  years  the*  have  received  their
I    l ( twn  li-ss  iit  f t - t ii  iniinhf II,  riz-ie, s 1t1  im  in  of i  setson.  T hry
CI                                                           -, (----i\
Carl Hagenbeck and Great WallaceShows Combined
Circus People
FOR SEASON                                    1910
Enlarged in every department, with more cars, bigger street
parade and greater spread of canvas. This show for next sea-
son will be one of the biggest and absolutely the Highest
Class amusement enterprise under canvas in America.
FOR THE BIC SHOW         The very best Artists, Performers
.and Acts. Riders, Clowns, Aerial-
ists and Acrobats; also, first-class horse breakers for winter
and summer work. Address, B. E. WALLACE, Peru, Ind.
FOR THE SIDE SHOW           Suitable attractions, strange and
curious people, legitimate freaks
,no monstrosities, Magician, Musical Acts and any other acts
suitable for the Side Show and Vaudeville Annex. AlsoColored
Musicians and Performers.   Address, ARTHUR    HOFFMAN,
Burlington, North Carolina. ColoredMusicians,Etc.,Address,
P. G. LOWERY, Vicksburg, Michigan.
FOR THE ADVANCEOne hundred Bill Posters, Agents,
Lithographers, Programmers, Bri-
gade and Opposition men. Address, R. M. HARVEY, Gen'l
Agent, Perry, Iowa.
The sleeping and dining accommodations with the Hagenbeck-Wallace Shows will
be the very best provided by any show in  the  United  States  and  with  the  extensive
improvements nd addition now under way, this big INDEPENDENTcombinationof
shows will be the absolute peer of any circus in the world.
S       1  >tt ll   se il  are  ti<--ii  it hive
a eti  tale  oin  tii  Bufal  1ill still ga
Io Nesw s-York Cits for- a few t days Where
lie still visit some old friends, after
whih lie asill go to his rantch at Cody,
Wyo. a ssre li owill limt. It is le-
lie~o iha   Alni XttaLills asill joins huts
1Ihe       to  the t  Iiing
lit o  hw  11ow  at1  Trenlton.  V.1
Altiough toay was the last day of
the seven ionths of show business for
thise Xild X\est and the Far East, every-
thin  wis icarried out as smoothly as
if the 1ig show was simily going to at-
thet twn. nTe tiffrenttailos fion
tionti   d itht   i tit isas  railstin tei
 ol  aIt  IIU st11i the  iolks  111;1
sito  i-te  -! -  I tti   - -   -  it  i  ii-  I 11n -
erS  tha ;t  arei  n1ot  us al.  aen it  1110: Ie-
cittinisg if the season.
buffalo Bill staid that lae felt in bet-
ter condition than over and that ie was
looking forward to going out oni a ihunt
IHe said that lie hal visited Pawnee
Bill's place this season and now wants
Majoir Lillie to see what his ranch is
like. All the old people that have been
witt the slow fat- many, sai  years
felt a trifle morose when the canvas
was pulled down. Johnny baker fur-
tivel  i-y rubbed away a tear, and as to
bAlajior Burke, lie fairly let the water
run down his cheeks. Louis E. Cooke,
who for the first tirne in several years
isas ieen with the show  on the actual
day it closed, was extremely bsy all
rl-. He was present at the las   meal
in the cook tent, and his cheerful moid
helped thou-e who hate to say goid-bye.
iear up. It has been no flhting season
ftr those with the show. but toe, wlatch
manyihave made maany fri-in    Psital
Hill said au revoir to most--- - eo
-It - t  diniii r  i 1i1l  c-ik  1,
Carnival is Booked    at San   Antonio,
Texas, After Posting Notice
to Close.
It waus rise original intention of tlan-
ager JIaes Patterson to close the season
of the Great Patterson shows at Jack-
son, Miss., November 5, but by reason
of a "fall down" of a carnival company
which was booked to furnish the shows
frll the International fair at San An-
tonio, Texas. this week, Manager Pat-
eirson made arrangements with the San
Antonio fair people for the Great Pat-
I, rson shows as the big attraction. The
itntenational Fair Association paid the
transportation of the Great Patterson
Shows from Jackson, Miss., to San An-
tonio at a cost of $1950.00. The Pat-
terson shows left Jackson at 4 o'clock
Friday morning, Noveiler 5, on a spe-
cial train with a schedule of 35 miles
in hour. The shows ferried tle Mis-
sissiippi River at Vicksburg using the
\. &   V. Railroad fron   Jackson  to
Slireveloert, Lu., and tlne I. K. & T.
froms Sharev-elport to San Anstonsio. a dits-
tance of eight hundred and forty miles.
The Patterson showss opened at the In-
i-,tortional fair at San Antonio on Sun-
itty, November 7, where they will con-
tinue to appear until November 17. The
Pattmrson s1onws will close the season
-tr eatnnaont. Texas, November 2, and
asillshitilintoa-inter quarters atSree-
port La. The stows will be considera-
Present Year Has Been a Strenuous One
With Billers and With All Con-
cerned in the Show Business.
it-i-istil its Chic-atot tirintthrie Istast
,-- of  a  iultitide  of  i<lltsters  1 1-
o "tis ageans connec"e stit tino
brthess  Psattina & Bstilev, Sells-Flito.
i-ias-siack-Xallace  and  other  tent
shtowss, msarks rise close of tse reting
season ot 1909.
irot all reports, the la  seasot  as
l,,,i aismeo  nthe  maost st-ensos as ce-
-~" i-ti  ol i iiota  is isany  yt-stts.  it  fact
ii is suit] thsat sea-ctal latiii-to-ltat en-
IIIitets took Ilace iseratecta tle rit
sentstivea tof rthe Ritaliticu antid-V
shows durin the closing at-eek it ]1I-
iss iltist). There is ai tale irc-in----
to re cffect that three a
I 111posters held up six representin -
Iy   ereiiat  shows confisiated tse
ter's psapser aci forced thetns to ietrirt Ta
Town sitoiu   s evea retaeis  their nai
Wheeler Deinies Report.
XVho   lI ittlI  witlt  to    -nle  Itrothers
sh"i",-S s-s"es iii I  It  u  iort that
lie asasl "tiisaci it(t (Ii his "hold-
ick    He says:   Oints   o the fact
tlit thtrt is a rmitior alliat that Ed.
Kniipp  of the Col    Broftrlillas Ishows
st1int mii -  iie ts of Ivt huslo hap--
Ni ~j   o s   ijt  III iss Ietjltilting  hai-
enoied.  I received myv '' and
--laa in full fro a1    ir. Knupp at the
,ini  isin  hotcl  iII  St. Inuis  t.   iin  the
II rslne (of G-iortt  Robinsin.  Niow
li-i  ithe  XVWisennsiin  ' ls   his  s-iit
Por   able Lights
For All Purposes
The Bolte & Weyer Co.
8 E. Michigan St.
hoda R

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