, 1872-10-16
THE MAP WAR.

answer OF Otto Pettzer, G. R. Hoffman, and Others to
the Allegations Of lanes H. Ress & co.-A Very
General and Positive Denial Of Everything Charged.
The answer Of Otto Peltzer, G. r. Hoffman,
e3 al. to the allegations contained in the petite.
OF James a. Rees Co., praying that defend
ants be en1oined from using certain copies o1
plats or maps Of the City Of Chicago, which be-
long to the plaintiffs, which copies had been
made from the originals by defendants for the
purpose OF sale in the form OF an
atlas Of Chicago, and from completing
and selling said atlas, alleges that the petit
tioners exercised no originality OF invention
in making them, and simply availed themselves
OF q privilege common to all citizens in making
literal copies OF authentic record that the mar
ginl votes which petitioners consider so 7alua-
bic, were the work OF the employees Of the city,
and that petitioners s'originals " were, in fact,
nothing less, in every respect than copies Of the
maps belonging to the city. Defendants deny
that the maps belonging to the petitioners were
possessed Of any peculiar value, and allege that
the scheme Of the atlas Was conceived, and q
circular respecting it issued so far back as 1863
Of which petitioners had full knowledge; that
Ogden, Sheldon l. Co. we're about to allow the
Board Of Public Works to use three copies OF
eaid maps, when petitioners, by their represents
hves, induced them to join them in demanding
s5, 600 from the city for said privilege on which
terms the maps we're accordingly lent, where
upon the employees of the Board made the neces-
cary copies and defendants, ,ayailing themselvesof
1ong-cherished designs, proceeded as it was their
undoubted right in common with all other citl-
zens, to copy them; and defendants expressly
deny that any agreement VAS made, as alleged
by petitioners, between petitioners and the
Board OF Public Works that no other tracings
or copies should be made or afterward pub
iished, or that any agreement WAS made
directly, qualifying, or restraining the
RosEa OF P4ele Works ;o IN the oa use they
come the absolute and undoubted property Of
the city. Defendants admit that the Board, sub
eequently, did issue an order forbidding, under
the then circumstances, any further traclngs to
be taken by defendants, but allege that they had
by that time, with the suferance and forbear-
ance Of the Board, already taken tracings Of
about three-fourths Of the said maps, and that
they Immediately ceased taking tracings On
the issue Of said order, but proceeded to
complete the maps for the atlas from other
fire; and that, some time later, the Board vir-
tually rescinded such order, and gave verbal
permission to said defendants to proceed with
their copying, which they did, not surrep-
titiousIy as charged, but openly. They further
allege that petitioners had no proprietary rights
in tie maps, which were mere copies Of public
documents, open to every one; and further,
that the atlas on Which they are engaged has
been q work involving much care, cost, and
labor, necessitating the constant employment Of
have contracted to deliver it to subscribers;
and. finally, that the case Of petitioners is not
one that entities them to relief by the courts.
The other defendants to the cause, " Il.
Carter, R. PrindiTille, and ]. Z. Thompson, Com
missioners of the Board Of Public Works, make
nnswer at great length, and chow cause why they
should be dismissed from said suit, and pray to
be dismissed accordingly.