The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-07-12

century has produced the MormOns and the bus-
scale with terrible retinue OF anti christian aud anti
social measures nation that folds In its bosom many
elements Of disturbance should at least put Europe on her
guard.
Tho Press Ia Spain.
From La Espapa of Madrio, June Ia
The direcors of political journals Of Madrid having
met in the editorial rooms Of the Eddo In order to con-
Ter the they should pursue In regard to the
proposed Law OF the press presented the Cortes by the
present Minister Of Gbernacion and the debate having
been opened to the beet manner of making known to
the country in the persons representatives the
grave danger that mepaced the right Of discussion and
publication by the adoption OF the proposed law the Idea
liter should be addressed personally to each OF the depu
ties thai are or have been public writer's recommending
them the defence Of the rights Of the press
gravey mepaced The opinions Of all were heard and
vote being taken the proposition declared adopted by
the following ourpals:Cam0r Publico Discussion, Fsnir
Dario Esponol Co1es, Nouedades, Cronica, Peninsula
LIE Courier de Madrid America, Epocd, Kstddo, Orbe
and Ctro The remaining journals stated that they did
conform to the proposed for special
The opinions Of the Pdaeno and the Leon Epdno were
not known they not being represented in the meeting
MADRID, June 10, 1857.
DEAR SIR AND CoIlEAGUE-The day approaching when
the Deputies Congress will debate the pr posed law
the press presented the Minister of Gobernacon and
you being, public writer one OF the most com etent
voice and vote the directors Of the journals OF Madrid for
Themselves and also in the Of the provincial press
whore interest hey believe themselves authorized 10 re-
present. address themselves to you couddng your wis
DON and patriotism to make known the profound alarm
them seeing Of the most important in
st utions of constitutional government MORALLY attacked
In TRUTH all who subscribe this letter, and nearly
all those who special reasons DO not place their sigma
about be discussed, IL approved and enforced, will
pul all discussion and publication which the founda
nons Of tho representative SYSTEM and 1t annuls them
much through the legal restrictions which II i'm
pores upon journalistic enterprises which in them
led with but because elevates the pocaluthoriues
Of the provinces to be Judge arbiters to decide all
principal a the direct delegate Of the In
der such condition. which carries the implied authority
into BY any tribunal, you know much ' better
than ourselves for the practice OF journalism,
and ise D,es Ss.Sms YOU
the most depressing nulity from the reasons that with
the appearance OF life truly and positively TO
| exit.
Therefore the wish Of the Spanish Congress
be that Of placing the In such amentabe state
the wi Of yourself that OF the other members Of the
chamber whom have the honor and the good fortune
hold companions, cannot be TO oppose institution
e s SoS sns
DEFENDS and which has formed all in the faheriand
and for tho aherand We place our cause in your hands
the Legitimate advocate TO support IL; and In doing
remain collectively and individually your obedent
wants aud companions.
prisipg many of the eminent In Spanish literature
and the political history Of oil parties In ) Jain.
American Law Suits In England.
y lie
Before Sir William Page Wood.
The Collins Company vs. Bro,cn-Edge Tools
This was demurrer to an injunction bill. The
plaintiffs were members of company Of edge tool
manufacturers, the company having been formed in
| the State Of Connecticut, In North America. The
defend Mr. Charles Brown, was q saw and steel
manufacturer st Sheffield. The Collins Company
alleged that the def ndant had made, sold and ex-
ported tools articles manufactured so as to re-
semble those OF the plaintiffs, and having MARKS or
labels similar to, or only colorably differing
from, those OF the company They sought an
account OF the profits which had been made by
MIR. Brown, delivery up of tools, and
articles, s'amps, plates, blocks, and labels In his
possession, and the efacing and destruction Of such
marks and labels, &c. They also sought an injunc-
ton TO restrain the defendant from stamping
craving tools manufactured for or sold by him,
the words collins Co., Hartford, cas.-stee,
raned y or oher words tending 10 mslead the public
into the belief that such too we're manufactured
by the Collins Company. The bill sought also to
restrain the defendant from selling, exporting,
sigung. or Otherwise disposing Of any tools
articles having On them any such words, marks, or
labels as before mentioned.
Mr.. Rolf and Mr.. Eddis were for the plaintiffs.
The Court having yesterday decided this case In
favor of the plaintiffs,
MIR. Martindale, who was for the defendant, nov
stated that he was instructed by his client t. make
public apology for any injury which the plaintiffs
might have sustained by the infringement OF the
trace max.
The Vice-Chancellor said Il was probable. IL not
evident, that Mr.. Martindales client had been i'm
posed upon by others. Ii was credtable 20 him 10
instruct his counsel 10 make the apology. Next TO
offences of an indictable NATURE, he knew Of none
more disgracefhl than this
The Collins Company rs. Cohen-This was a
| similar bill for the same objects, TO which there
| was demurrer. The defendant, Frederick Cohen,
was merchant at Birmingham; The plaintiffs al
| ton Of toos and articles made 10 resemble their
own into America, Cuba, Australia, and other places.
The tools 80 wrongfully manufactured In imitation
Al ..-s.0 L.s-l
&c, having on them marks and labels resembling
| those OF the Collins Company.
| Mr.. Rolt and Mr.. Eddis were for the plaintiffs.
Mr.. Csirns and Mr.. Clement SWANSON were heard
in support OF the demurrer and urged that the pre-
sent must be judged Of by analogy 10 those Of
patents ana copyrights, In which II had been held
that no property could vest in foreigner 40 as TO
enttle party 10 sustain an injunction. II the pre-
sent case were rested on fraud, the bill itself showed
that II there were any II had not been perpetrated
in this country, but in America, where 1t was TO be
presumed the courts had power TO deal with the
case 80 as 10 prevent any injury TO the plaintiffs
from the refusal Of the courts In this country - in
teffere.
The vice Chancellor said the case was perfectly
free from doubt. similar question had come be.
fore the late Lord Jangdale ("Perry " Truedt,"
Beav. 49, in which bis Jordship laid down the doc
trine thus =" think that the principle on which
both the courts of law and OF equity proceed in
granting relief and protection In OF this sort IL
very well understood man is not to sell his own
goods under the pretence that they the goods Of
another man; he cannot be permitted TO practice
such deception, nor 10 use the means which con-
tribute 10 that end He cannot, therefore, be allowed
to use names, marks, letters, other indcia, by
which be may induce purchasers TO believe that
the goods which he Is selling are the manufacture of
another person. own II does not seem TO me thata
man can acquire property merely In a name or
mark but whether he has not property In the
name or the mark, have no doubt that another
person has not right to use that name or mark for
the purpose of deception and in order to attract 10
himself that course OF trade that CUSTOM which.
without that improper act, would have flowed 70 the
person who first used or was alone in the habit OF
using the particular name or mark" The present
was a case wholly dlstinguishabe from copyright
cases The question was fraud or no fraud The
subject Of every country had right TO apply TO the
courts of this country TO arrest AZ the fountain head
q fraud which operated injuriously on another. IL