The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-11-05
A LITERARY CONTROVERSY.

ALLEGED VInRtn=
rism-W WheotOn's 50 Elements of rInteruR-
tionsl Lav'-Niilia Beach LaVyronc ce
vs.. R. n. Dana, Jr.
BOsToE, October 20.-Hon. William B. Law
renee has filed bill In equity in the United
States Circuit Court against X. II. Dana, gr
et al. iOr the purpose Of restraining the publi-
cation OF volume ON International Law en-
titled "Wheaton's Elements oil international
Law Dir, Lawrence has made detailed
statement of the iacts IN the case, and appends
to II a very elaborate opinion submitted in
writing by Chancellor Walwortn, OF New York.
The Chancellor, in submitting his opinion,
makes very elaborate review OF the work from
the date Of Its first pubcaton in 1886, at Phlla-
delphIa and London, and also of the copyright
OF the Philadelphia edition, which expired IN
1864, and was not renewed IN the name of his
widow or children.
In 1916 new edition, with some additions
and corrections, was published, and an attempt
made to copyright the same failed i'm cunse-
quence of MIR. Wheaton not being resident of
the district (Philadelphia) where the applica-
tiOn was maze. In 1856 Mr.. Lawrence for the
purpose OF aiding the widow and children OF ais
deceased friend, prepared the sixth edition.
containing many alterations, additions, and
transiations. he also added coplous notes upon
questions oil International law which had arisen
after the death OF Mr.. Wheaton. This edition
also contained references TO public documents
treahes, diplomatic correspondence, and the
WORKS OF many writers, explaining, confirming
and elucioatng the text OF MIR. Wheston's
work, and which added much TO the value of
the volume.
# also contained a brief history Of the life,
character, literarary productions, and Diploma
tic achievements OF the author, Mr.. Wheaton
The copyright of the whole of this edition was
with the assent OF Mr.. Lawrence, taken out in
the name of Mrs. Catharine Wheaton the widow
OF the eminent publicist, one OF whose daugh-
te1s was the wife of Mr.. Little of the firm of
Little, Brown Co., OF this city, who were the
publishers of this sixth edition, as they are of
Dana's edition.
A second annotated edition was published by
Mr. Lawrence in 1868, with extensive notes and
much other original matter, and, by his assent
copyrighted IN the name OF Catherine Wheaton,
who was then living, but has since died.
IL also appears. according to the opinion of
the Chancellor, tnat MIR. Lawrence obtained for
the widow and her unmarried daughter six
thousand francs from Mr.. Brockhaus for the
publication OF u French translation of his notes,
connected with The work, and Mrs. Wheaton
was authorized to draw for the same: and on
the payment OF this draft Mrs. Wheaton agreed
to make no use OF Mr.. LawTeuce's notes in a
new edition without his written consent The
draft was paid, Miss Martha B. Wheaton receiy-
ing for her mother the proceeds Of the 5000 francs
about $500 in United States currency.
Mrs. Wheaton died directly thereafter. and
Miss Martha become her personal representa-.
tive; and notwithstanding the many and signal
acts of kindness on the part of Mr.. Lawrence
shown towards the father when living, and the
mother during her widO who0d, and the children
during their orphanage, Miss Martha, as is now
alleged, in conjunction with r.. H. Dana, Jr.
ana her fatherIn-law, Little have edited and
published what IS called the eighth edition OF
'Elements OF International Law" by Henry
wheaton, LII. d., ETC., edited by Richard
Henry Dana, Jr., LII. d., and the copyright for
the same Is entered in the name OF Martha B.
Wheaton.
In this eighth edition the Chancellor saws he
finOs that notes OF MIR. Lawrence are published
entire, with no alteration OF the original Ian
guage, and the authorities collected and cited
or referred to are the same, are the public
documents, and letters, and documentary evil
dence-in short, ali the work not original with
Mr.. Wheaton is taken bv Dana, as editor of the |
eighth EDITION, and the distinguished Chancellor |
is of the opinion that Dana's publication Is an
unjusti6able violation of Mr.. Lawrences equlta-
BILE rights, under the arrangement made with |
the widow and daughter of 1868. |
AS additional evidence in support of the |
charge of plagiarism brought against Mr.. Dana |
in this eighth edition, elisha X. Potter law |
yer of Rhode Island, hles an affidavit, in which |
he makes. an extended review of the two books |
that by Lawrence and that by Dana-and |
cites numerous instances of identity aud SINH |
larity IN the complainant's book and the book !
described in the bill as the defendants book !
One kind of these instances OF identify or SINH
facts, authorities, and Illustrations that are |
found in Lawrence, in such way that the notes |
in the former could have been written by the !
use OF the latter alone, and without recurrence
to any originals, and without any original indie |
pendent investigation of the subject.
Nother kind consists in the fact that in Law
REL Is notes the eoitor has not inserted all the
quo, lions and citations that might have been
InseLted, but has exercised Judgment IN the
selection of some and the omission of others;
and that many of the books from which he has
most frequently cited, and some prominent
treatises, have been continued and much added
TO since Lawrence was published in 1868. With
comparatively few exceptions, the editor of
Dana mas not made any citations or quotations
not 10 be found in Lawrence. The "teXt' of the
two books is also referred to. The edition in
question contains nothing but the text of Mr..
Wheaton, according to his last revision, his
notes, and the original matter contributed by
the editor.
In the course of these searching examina.
tions, typographical aud clerical errors and
typographical and clerical peculiarities are
found in Dana which correspond entirely with
those IN Lawrence Among them may be men.
toned the folio Wing:-The Queens speech of
February, 1862, is quoted in Lawrence, 1866, in
Dana l27-each prints the phrases 'UdrjOuS
foreigners" The speech is gwen in Annual
Register, 1862, p. 8, and does not contain the
word "various.p The Swiss CIRCULAR OF April 9
Is cited by Lawrence 706, Dana 5l4, both citing
reference to page 60 of that book il is found
tnat the true daJe is April IL. A passage fro m
the Berlin Decree is quoted, with marks of
quotation.
The quotation in both is in English and the
reference in both is to the volume and page of
Martens, where the original French text is
found The translation is Identical in both.
large NUMBER OF other peculiaritles, as we'll as
unintelliglble and meaningless quotations, are
found IN Dana corresponding with Lawrence.
All good lawyer know that Mr. Lawrence is
very accurate in citing the titles of books in
such manner as to Identify the particular
volume used, in the title given by Mr. Dana
TO q nreat many cases the volume IL not identi-
fed or the wrong book and volume is not iden-
G6ed; and where Mr.. La Urence does not quote
-. rin 1Oaumnntg ha