The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1875-10-24
LES DEUX ORPHELINES.
The AcrObatic Exercises.
Leap for Life.

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shades do not impress the beholder in the I'M
tiaI representation, and the perfect blending
which goes to make up the perfect picture
rarely appears until the first effects wear off
So it was with the new drama at the Court
House.
When it was first produced there was
about it glamour and glitter that clouded
the esthetic eye; but now, on the third repre-
sentation, this has passed away, and the true
beauties stand out in relief. The attendance
about the Railways and the corridors before
the opening was good; but the demand for
reserved seats fell off somewhat; but the pit
was full of admiring gentlemen, among whom
were several prominent officials and we'll
known politicians.
The ropes used for the trapeze had been
removed and space was cleared Tor the
attorneys to display their acrobatic abilities,
and as it had been mooted about that there
would be afying leap from the stage by either
plaintiff or defendant, forty feet up into the
air, spring board was prepared.
Promptly according to the programme
Judge Hawkins assembled the bench.
When the case was called up Mr.. Hornor,
attorney for the plaintiffs, read long affidavit
setting forth fully the grounds for which he
claimed continuance. 1t showed that plain
tiffs expect to prove by the absent witnesses
the fact that the play of the 1.-Two Orphans :"
did not belong to the Union Square Combina-
ton Company, and that the composition was
from the hands of D. Emery Cowan and Jack
son, through whom plaintiffs became the
owners of the play.
Mr.. Rice would not admit the facts con-
tanned in the affidavit, and it was filed. He
then read an affidavit made by Mr.. Cogswell,
showing that the company were in an i'm
poverished condition, owing to the execution
of the Injunction, and motion was made TO
bond the injunction.
Mr.. Rice argued warmly that the writ
should be bonded. He said that the ipjunc-
ton should be released, Gs it was causing IT.
reputable injury to the defendants. There
was no difference in the case presented to
many others in which bonds had been given.
The Court said it needed no citation of
Cases where bonds have been given to release
injunctions. 1t would apply.the law to each
case Bonding was not right given party;
it was a matter left to the discretion of the
court. The plaintiff has made an affidavit
and must have his continuance, and the mat
ter OF bonding remains. Both sides repre-
sent that they will suffer irreparable injury,
one if the Injunction is continued in force,
the other if it is not.
Mr. Rice claimed that the amount of dam
ages had been fixed in plaintiffs petition at
$1,000, and he thought the bond should be
fixed at that limit.
The Court in labored manner went on to
show that in cases where there was value in
q play over and above its pecuniary value,
bonds were not allowed, as they cannot cover
the damages.
Mr.. Hornor said there had been an agree
ment bet ween the plaintiffs and the creators
of the play that it should not be played by
any but the plaintiff, and therefore their in
terests were involved. He claimed that there
was an abstract right involved, and no esti-
m1e of the damages involved could be made
Mr. Rice said that literary productions were
considered, under the law, simply as property.
1t does not consider the matter of feelings; II
person has his productions taken, he suffers
in his pocket, and nowhere else. He read
from several works 10 show that literary works
are known to the law only as mere articles OF
moneyed value.
The court decided that this was not q case
where bond could be taken, and refused
the motion. 1t was evident from this that the
grand act was approaching, and consequently
a buzz of excitement ran through the
audience. Mr.. Rice arose when quiet was
restored and said that he had tried, AS best he
knew how, to secure bis clients rights, but
that he would now haye to take step which
he had felt before would not be necessary.
Accordingly he presented petition, with
affidavits attached, paying that the case pt
removed to the United States Circuit Court
for trial
The pit was aroused and, as the case OF
the Two Orphans" swung eff from the
Superior District Court to the United States
Court, there was something like establishment
This trapeze act-from the spring-board forty
feet into the air, and then through space into
Federal jurisdiction-was the feature Of the
performance. The plaintiffs, however, aftel
realizing the wonderful leap, set about to
rival it, and thereupon filed petition tor an
appeal granting the removal.
This appeal will, if sustained, take the case
to the State Supreme Court. The appeal is
asked simply from the final order granting
the petition of removal, and If Judge Haw-
kins does not rescind it the 1.-Two Orphans
will, it may be said. be without an asylum
here.
When the last act had ended the curtain
fell "sinking slowly to the prompters bell
and in few minutes the courtroom was de-
serted, with naught left behind but the fain
fragrance of this dramatic battle. Lights
were put out Ushers took their cocktails al
usual, and the clerks sat down to the ordinary
business of the day.
One of the delegates to the recent dress
reform convention, in Philadelphia, declared
that human beings must learn wisdom from
animals and make their robings conform te
contours This was at once recognized In the
convention as meaning that dress-reform con
templates the adoption of tights as an every
day costume. We are not informed how the
proposition was received by the delegates, but
it is reasonable to suppose that the sentiment
was regulated altogether by the avoirdupois
of those present. The lean, scrawny woman's.
rights people may well have mantled theil
cheeks with the blush of indignation. while
tho pIpnnn oba nalv doiauatas M douht aX