THE,RE, IS MAHoGANY Ix THE, PTULIPPINES

Bg lack Dionne

Now friends and fellow citizens, let's get together and have a nice heart-to-heart talk on a very interesting subject-to-wit: Philippine Mahogany. And if you don't think there are some marvelously interesting things to say and record on THAT subject, it's because-naturally-;you have not yet read what we are going to say in this article.

First, a quick review of the so-called "Philippine Mahogany" case before the Federal Trade Commission. That august but oftentimes impractical body of men, acting, according to the claims made during the hearing, in the interest of the public, and NOT, please be assured, because of pressure brought to bear by importers of other woods whose delightful monopoly was being gouged in the eye by the sale of these beautiful and useful Philippine woods, sat in hearing several times to decide whether or not Philippine Mahogany should be allowed to .use the word "Mahogany" in advertising and selling their products. The result was that onAugust L6th, 1927, the Foderal Trade Commission issued a "Cease and Desist" order, forbidding further use of that much-argued name to describe Philippine woods. Immediately the Philippine Mahogany interests appealed the case. The United States Circuit Court of Appeals in New York City heard the plea for an overruling of the Federal Trade Commission decision, and their majority decision upheld the Commission, while a very strong minority report "reluctantly" joined in the decision, while expressing the opinion that it should have been the other way. Then the Philippine Mahogany folks appealed the case to the United States Supreme Court, and it will be another year before that tribunal finally decides the matter. The Philippine interests will attempt to show that the F.T.C. ruling was made in variance to the evidence rendered.

So much for the history of this governmental investiga- tion. I expressed in these columns before, the opinion that there never was, is not now, and never shall be, any public interest at stake in this controversy; that it is a purely competitive proposition in which a group of business interests irnporting foreign woods into this country seek to shake off a threatening competitor bringing in woods grown, manufactured, and imported under the American flag. I still hold stoutly to that opinion.

But this article is not written to promote that particular thought. It is rvritten in an effort to show that some horrible "busts" have been made in this case throughout, that contradictory things have been said and printed in the hearings, that important matters have been overlooked in pr.esenting the case, and that-finally-11-t" assumption of the Federal Trade Commission, passed on to the United States Circuit Court of Appeals, to the effect that there are no Mahoganies growing in the Philippine Islands, is most remarkably erroneous.

THE FACT OF THE MATTER IS THAT THERE ARE GREAT QUANTITIES OF TREES OF THE MAHOGANY FAMILY GROWING AND IN GENERAL USE IN THE PHILIPPINES: THE FACTIS THAT THE STAR WITNESS AGAINST THE PHILIPPINE

INTERESTS FLATLY CONTRADICTED STATE. MENTS MADE IN HIS OWN BOOKS PREVIOUSLY WRITTEN: THEFACT IS THAT THE WORD .,MA. HOGANY" WILL NEVER IN EQUITY BE FORBID. DEN WITH REGARD TO ALL PHILIPPINE WOODS BECAUSE MEMBERS OF THAT FAMILY REALLY ABOUND IN THOSE ISLANDS.

Let's start with this college profeSsor. In the crossexaminations ofhis testimony during the hearings they got him so twtisted that he almost smoked with heat. But it looks from the records before us right now that his twistings are rather definite. Here we"are. "Timbers of Tropical America" isthe name of a volume, very imposing in its appearance, which lies before us. It is written by "Samuel J. Record, M.A., M.F., Professor of Forest

'Products In Yale University, and (below in small type)

' Clayton D. Mell, 8.A., M.F., Tropical Forester." The book is from the Yale University Press. We turn to page 340 of that volurne, and we find the following:

"MELIACEAE. The lf,ahogany Family consists of about forty genera and over 600 species of trees, shrubs, and woody herbs, widely distributed throughout the tropics of both hemispheres; a ferr are extra-tropical. Among the valuable timbers supplied by this family are the true Mahogany and the Spanish or cigar-box cedar of ttopical America;'most of the so-called African Mahoganies; the Australian rosewoods; the bead tree, 'toon,' and the Chittagong wood of India; THE 'CALANTAS' AND OTHER EXCEL. LENT TIMBERS OF THE PHILIPPINES," etc.

So you see, folks, that the Meliaceae family, which Prof. Record and all other botanical authorities admit is the "Mahogany" family, DOES grow in the Philippines, not only in one branch, but according to this learned gentleman himself, has "other excellent" progen)r growing in those islands. The Professor tells us so himself.

But now, hold still just a minute, while we shift .the scene a bit. We are now in Boston, Mass., the date is November 2nd, 1925 (at least that's the date this particular hearing started), and we find The Federal Trade Commission sittingin hearing in the then just beginning but now justly famous Philippine Mahogany case. And who have we on the witness stand ? Why, as I live and breathe, it's the same gentleman whose book we have just feviewed in part, Prof. Samuel J. Record, M.A., M.F., of Yale University. They ask him many questions, and he certainly gives Philippine Mahogany a bad name. Doesn't think well of it at all. Thinks it should not be sold as "Mahogany," mind you. It isn't fair.

But hark ! What is this question that is being asked him?

Question: "Does any Mahogany grow in the Philippine Islands?"

Answer: t'NO.'

Now what DC) you think of that answer from the gentleman who has printed over his own name the statement that "Calantas and other excellent timbers" from the Meliaceae-Mahogany-Family, grow in the Philippines. Think that one over folks, while we step along with our story.

Now, any members of the Meliaceae Family are entitled to be called Mahogany. Wewant to prove that so you will understand it. So we turn to the "Cease and Desist" order of the Federal Trade Commission in this case.

If you won't take my word for it, you'll take the Commission's, I'm sure, for they put in a lot of time on this Philippine Mahogany question, and SHOULD know' Here is the "Cease and Desist" part of that famous order:

"Now, therefore, it is ordered, that the respondent, its officers, directors, agents, employes, and successors; do cease and desist from advertising, describing, or otherwise designating or selling or offering fob sale under the term "Mahogany," or "Philippine Mahogany," or any other term of similar import, woods knourn under the common or trade names ttred Luanrt' ttwhite Luan,tt ttTanguilgtt ttNarrartt ttApitongrtt ttBataan,t' ttl-amao," , ttAlmonrtt ttOnonrtt ttBagaacrtt ttBalakrtt and ttBalachacan," or any other wood, lumber, or wod products, UNLESSSUCH WOOD OR LUMBER OR THE WOOD FROM. WHICH SUCH PRODUCTS ARE MADE .IS DERIVED FROM THE TREES OF THE MAHOGANY . OR MELIACEAE FAMILY.''

Didnft I tell the Commission would back me up in this thing?

Let's. see, now where are we? We have shown by Prof. Record's book that there are several varieties of Mahogany trees in the Philippines. We have shown by his testimony on the stand in the Philippine hearing that there isNO Mahogany growing in the Philippines. We have shown by the Federal Trade Commission's own "Cease and Desist" order that they consider the Meliaceae to be Mahogany. Now let's show a few more things.

Let us turn to the decision of the United States Circuit Court of Appeals in this same case. The decision itself says thisvery interesting thing, right in the beginning, mind you: "Petition to review an order of the Federal Trade Commission. The Indiana Quartered Oak Company petition to review an order of the Federal Trade Commission requiring the petitioncr to desist from advertising, describing, or selling, or offering for sale under the term "Mahogany'' or "Philippine Mahogany" woods which are imported from the Philippine Islands."

An ordinory Philiooine Cipor Box. It is mode of Kolantas (olso call. ed Colontis), ceriified, byZompetent authoriti|s Gee ortiile) to be oJ the Melioceae or Mahogony Fannily, ond, thereJore a Mohogony.

It is quite evident that the Court of Appeals took it for granted that the woods of the Philippines were free from Mahogany, and therefore not entitled tothat designation. The petition didn't say "all woods," but it sounds that way. Then they hold in favor of the Commission, so they, in turn, indorse the Commigsion's Cease and Desist order, quoted above, which admits that the Meliaceae Family is entitled to the name "Mahogany."

Now another little quotation from that "Cease and Desist" order, as follows:

Paragraph 39: "The sale of Luan, Tanguile, AND OTHER PHILIPPINE HARDWOODS by respondents to its customers and by them to the purchasing public, under thg name "Philippine Mahogany," or Mahogany as heretofo,re described' has the tendency and capacity to and does deceive " etc.

The Commission seems to take it for granted that what Prof. Record said on the witness stand was true, and that there is no Mahogany inthe Philippines, to judge by the last quotition. And yet, if, as Prof. Record's boQk statesand ai we are going to very stoutly prove otherwise in this article-there -ARE speciis of Mahogany in tne !!!!tp- pines, then this declaiation concerning "OTHER PHILipplNE HARDWOODS" is not true, for there ARE Philippine hardwoods that are entitled to the name Mahogany.

Let us proceed with that thought. printed by Uncle Sam Himself, entitled, of the Philippine Islands," issued by

Here is'a booklet "Lumber Industry the United States

(Continued on Page 43)

Federal Trade Commission Decides

"LUMBER'' MUST BE CUT FROM TREES

Washington, Aug.20.-The use of the term "Lumber (notcut from trees)" and similar descriptive phrases by substitute building material manufacturels is considered to have "the capacity and tendency to confuse, mislead or deceive the public," in the opinion of the Federal Trade Commission which has issued an order in Stipulation No. 266 defining lumber. The Commission's ruling holds that lumber is"a product sawed or cut from trees or logs of wood into boards, planks, timbers or other shapes generally understood and recognized by the purchasing public as and to be lumber."

The company, against which application for complaint was filed, has signed a stipulation, according to the Commission, agreeing to discontinue the use of the word "lumber" to describe a building material not sawed or cut from trees or logs of wood.

.The case had been pending before the Commission for more than two years and was instituted on the grounds that the designation of the product in question constituted an unfair practice in competition. It is understood cases of a similar nature are still pending.

BOOKSTAVER RETURNS FROM NORTHWEST_ REPORTS NEW CONNECTIONS

ts. W. Bookstaver of the Bookstaver-Burns Lumber Company, has just returned from a three-weeks' trip to the Pacific Northwest. Mr. Bookstaver reports that in addition to the mills in the Seattle, Everett and British Columbia districts, for whom th'ey handle all California shipments, among them being the Eclipse Mill Cornpany of Everett, manufacturers of the famous "Eclipse Brand" Flooring, that they are now the exclusive agents in California for The Victoria Lumber & Manufaituring Company at Chemainus, B. C., and the Carryon Lumber Company of Everett, Washington, two of the largest and best equipped mills in the Pacific Northwest.

The Victoria Lumber & Manufacturing Company are manufacturers of the well known brand "Chemainus Premiurn Lath" and also specialize in high-grade timbers for lpecial cutting. The Canyon Lumber Company are manufacturers of the "Canyon" brand of Premium Lath and specialize in gang-sawn dimension Common cutting and Fir Flooring.

Both of these mills have been shipping stock into the California market through the Bookstaver-Burns organiza- tion for some time, but under Jhe new arrangement, will probably increase their shipmdnts materially'in tlre near future.

MATHENY BROS. LUMBER CO. CHANGES HANDS

The Matheny Bros. Lumber Co. of Marysville has been purchased by the Union Lumber Co. of the same city and witt le taken over on September 1. The Union Lrimber Co. is owned by Mr. Heiman Cheim. The Matheny Bros. Lumber Co. lias been under the management bf Ed. Matheny since it was established about four years ago.

Miss Elda

Miss Elda Perrv of pany, Los nngeles, rs Catalina Island.

Perry On Vacation

the Gaynor-Masters Lumber Comenjoying a two weeks' vacation at

A. B. MacALPINE TO ENTERNEW FIELD

Graves, Banning & Co., investment brokers of Los Angeles, announce that A. B. MacAlpine will become associated with their organizaticin on September first. For the past five years, Mr. MacAlpine has been connected with E. J. Stanton and Son of Los Angeles and is well known by the lumber fraternity in the Southern California territorv.