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Form New Lumber Association U. S. Supreme Court Affirm F.T.C. Order in "Whit" Pine C.r"r"
The Port Orford Cedar Log and Lumber Association was organized at a meeting held at Marshfield, Ore., on January 5. George Ulett of Coquille rvas elected president. Other officers elected were: A. E. Bradford, Bradford Timber Co., Coquille, vice-president; J. R. Thompson, J. R. Thompson Logging Co., Marshfield, secretary, and Ernest Harrington, Port Orford Cedar Products Co., Marshfield, treasurer.
The directors are M. D. Tucker, George Ulett, J. R. Thompson, Ralph Moore, A. E. Bradford, Ernest Harrington and Roy Wernich.
Makes New Connection
Norman Vincent has left The Chas. Nelson Co., San Fran'cisco, to become associated with J. H. Baxter & Co., San Francisco, effective February 1.
San Francisco Visitors
Northern California retail lumbermen who recently visited San Francisco included Carl Hagge, Superior Lumber & Fuel Co., Sacramento; George Good, Good Lumber Co., Pacific Grove; J. O. Handley and M. J. Murphy, Murphy Building Materials Co., Carmel; Chas. Garrison, Two Rock Commercial Co., Two Rock, and Isador Cheim Union Lumber Co., Marysville.
The Supreme Court of the United States in a decision rendered on January 8 sustained the ruling of the Federal Trade Commission in the so-called "White Pine cases."
In a statement issued after the decision was made. the Commission sa1's:
"The question in this group of cases was whether it is fair and lawful to sell lumber cut from the pine variety known as pinus ponderosa, not belonging to the group of pines widely knorvn as 'white pines' and not having the durability and other qualities of true white pine lumber, under terms which include the words 'white pine.' The commission, after an extensive investigation and trial, found that the public are deceived by the use of terms which include the words 'white pine' and particularly the term 'California white pine' into buying ponderosa lumber rvhen they desire true white pine and order 'white pine.' Accordingly, the commission issued a series of orders requiring that the respondents in these cases cease and desist from using the word 'white' in connection with the word 'pine' for their ponderosa lumber. The circuit court of appeals for the ninth ,circuit annulled the orders, but the supreme court, after hearing the case on writ of certiorari reversed the circuit court of appeal and affirmed the commission's order without modifi,cation by a unanimous opinion written by Mr. Justice Benjamin N. Cardozo."
In the decision the ,court declared: "The respondents who hold out are not relieved by innocence of motive from a duty to conform. Competition may be unfair within the meaning of this statute and within the scope of the discretionary powers conferred on the Commission, though the practice condemned does not amount to fraud as understood in .courts of law. Indeed there is a kind of fraud, as courts of equity have long perceived, in clinging to a benefit which is the product of misrepresentation, however innocently made."
Attend Code Meeting
C. R. Johnson, president, IJnion Lumber Co., and representative of the Redwood Division on the Lumber Code Authority, and H. W. Cole, president, California Redwood Association, and executive officer of the Redwood Division of the Lumber Code Authority, left San Francisco January 20 to attend the meeting of the Lumber Code Authority in Washington.
Mr. Johnson and Mr. Cole will also attend the session of the Lumber Code Authority called for consideration of Article X of the Code. on the subiect of conservation.
Returns From Washington
Ralph R. Duncan, Mer.ced Lumber Co., Merced, chairman of the Retail Lumber and Building Material Code Authority (Northern Division), returned January 17 f.rom Washington, where he attended a meeting of the National Code Authority as substitute for Elmore King, King Lumber Co., Bakersfield National Code Authority member.
Mr. Duncan made the trip both ways by air.