New-York daily tribune., 1865-12-28

copyrishs beyond right 10 have them used for The term
fixed by the eOntre, in carrying out the enterprise.
ihe only et, then which IN any view be supposed 10
belong to b psrtnerhp which there any csnoyery
ths sp' cies OF ncoIporsel property called goodwill Ith
to be property capable of transfer and possessed Of value
Conveyance the partnership If i ever were conveyed did
that portion of it which employed in printing these
books nor the copyright Of the illustrations anything
which be called In legal property trans
frred to this patnershp have been that ncoporea
night Of publishing this edition of Dickens and described IN
to forbea competition NO eoporea property was embraced
in this supposed transfer by the terms OF the contract and
to or pns out Of corporal property business having
locality or establishment but think Ii would be doctrine
.hmen a. an incident of the goodwill GoOdwi al
ways rest upon some principal and tangible thing oeaty
held that il arise asset OF aparnersp where
the members only contribute capital their professional 'ki
and reputation however nnsicay valuable these may be-
Now what 10 this alleged good will in the present case
which this Court sa'ked to treat as property and for the
to continue the operation OF this contract beyond me time
fixed BY its termsl 1t confessedy rests upon no hight con-
The country, recognized and administered by judicial tbu
nails i rests upon no osay or maiai psI'neI'hP prop
win or a. Il 10 termed in the bill the courtesy oftne trade
in fcrbearng competition True II called by the plaintiffs
custom" Of the trade and alleged in the bill a. reasona
be custom" But apprehend tia, very far from being
legal custom furnishing solid foundation upon which an IN
yoable title property rest which Courts can protect
from INVASION IL therefore, hardly be- called property at
a-ceainy not IN any known TO the law. may be sn
huFsnage 10 the party enjoying 1ot tnc Oeht
but its protection in the voluntary and unconsrained
frbearance of he trade know of way in which the
publishers Of this country repubish the works OF foreign
author and themselves the exclusive right such
publication in any form Of edition, except far new mat
Illustrations incorporated into IT, ard thus 10 thst
extent such works made subject Of copyright The or
namena designs Of the binding dre Of the volumes might
possibly br ptented But nothing relating 10 the edition can
under the protection of the law except what 10 and
oTgini and covered by copyusht or letters pstent For this
recognize any other literary property in the published
foreign author would contavene the settled policy
Of Congress and BE- attempt to enter the field belonging
excn,ysy the National legislature. O the wisdom OF our
Legislative policy have nothing TO say here.
This alleged good VIII therefore. rests upon no legal founda-
legal value. The books printed by the defendant at
his printing establishment in Cambridge, Mass, and pub
,hed and sold by the plaintiffs NJ their book store IN New
Yort but neither Of these establishments partnership
with them good will in the ordinary in which that
REGARDED descriptive Of property Neither are tie
types plates copyrglt. lrom and under which tue e,h
was printed Tho ony thing the Count could d.
cree sale wogd be this peculiar advantage called the
good will OF the trade toward this particular edition u
this Court appoint receiver be would have noth
and should the business be continued under hi. con
tract for period of years, the receiver wOu'u t"Ae
nothing else there nothing else belonging g. the partner
fip which th. parties not agreed between themseN,s 70
take without tie n,erp0siion Of the Court ~ tho ,nd tH
Court could de, the sale nothing ee The buyer would
nothing valuable but bat he would b" entitled 70 beIo
except the negative advantage of having the parties 20 t'
su enoincd sain the further the mplsmcnts OF ma
iena. by th. edition hos been produced This tne
Court wou!d do had the power becauae II would
tend destory and not conserve the property AZ coHo
compel the sal. and transfer 81 hsse ipeuens ana pa
,eTas purchaser Of The goodwill but only forbid their
defendant ia decree would De- only produc
Of mschefo the defendant aud the public without con
ferng any bcueht upon these penin- Tor the SAFE q" t
advantage called good w woud brng nothing a. II "oud
be worth nothing.
The motion J. therclofe denied