The New York herald., 1875-09-11
THE "ROsE MICHEL" LOVE FEAST.

Pursuant 10 adjournment the argument upon the
order to show cause why the temporary injunction
restraining Mr. Daily Of the Fifth Avenue Theatre from
producing the drama "Rose Michel" and Messrs
= Ammonds & Wall dramatic agents, from parting with
Ae same, held yesterday before Judge Curtis hold
aug Superior Court Chambers The interest in the
md importance Of the questions Of law involved drew
together quite a large assembalge, including many
theatrical people The plaintiffs asking for the injunc-
zion represented by Messrs Abram j. Dttenhoefcr
and Charles W Brooks; Mr. Daily by Mr. W o. Booth
hn1 Messrs smmonds * Wall by Mr. W. F. Smith
As Mr. Booth Is also counsel asking injunction 10
the matter Of the drama 'Around the World in Eighty
DAYS Mr. Di;tenhoefer asked him which case he
would like to argue first
Mr. Booth said he would argue the Crosse Michel"
case Grst and at once entered elaborate argument
Showing why, in his opinion, the injunction should be
hssoved. He insisted that the right Of an author and
pf his legal representatives. OF, in other words the
Hight Of the literary proprietor OF any unpublished
dramatic composition has been too often and too fully
Established by the courts Of this State and OF the United
bates to require the citation Of any authortes He in
sisted ffrther that the right OF the plaintiffs must be
CLEAR and that II u DC conroverted by the defendant
and all the equities Of the bill positively denied bv
abe and sindays Injunction will not issue
but the case must stand for final hearing that the right
of the plaintiffs must be free from any rational doubt
and that If questionable injunction cannot issue
fhat IL the issuing OF tho injunction will work rrcpar
hblc injury TO the defendant-so that the inconvcn-
nences OF the plaintiff and defendant are balanced
The Court will not sdjudicate upon nero anida-
wits, but viii leave the parties to final hear
hng. That the application of these principles
prevents the issuing OF an injunction in this CASE that
abe merits Of this case as disclosed by the motion
papers wholly with the defendant DAILY and the at
tempt Of the plaintiffs to interfere with the defendants
business audacious and vindicve That the rights OF
Mr DAILY complete at law that the right OF property
pn this station was absolute and complete Mr..
paly; that he could make any use Of IL within his terri
tOry Of which II was capable, either In whole in
part except perhaps publishing for sale In print that
DE might alter OF change adapt modify to suit his
pleasure; that be owned the piece in its entirety for
dramatic purposcs-tite plot scenes Incidents situa-
lons, personatiOns and dialogue; that his client had
Exercised this right that he has taken the skeleton Of
ths purchased property, and with his well known
bkl, experience and knowledge Of tho art has built
npOn II a drama suitable for representation,
tainng new incidents and situations cast Of char
hoters and wholly now dialogue porraying the man
ncrs OF a time q bundled years later, and that this
tuteecual product Of the defendant, although upon
Che same theme and arousing in its action the same
bympathies and emotions Is an independent literary
work which the Court would not enOin II he had
not purchased the translation from Baylss; that all
kha gives the work Identity and value TO him Of his
own creation that the plaintiffs seek by injunction to
prevent his use Of his own property and TO close his
aheatre and ruin bis business under q claim Of title
WHOLLY inferior TO bs that this injunction has already
wrought and Is still working, constantly increasing
injury 20 his business interests that its further
tnuancy would be oppressive and UNJUST and that the
fniuuctfon should be dissolved At once.
bir Dittenhoeier followed in response on the motion
10 continue the injunction. He insisted that there IS
no question Of copyright involved In this CASE that tho
drama has never been copyrighted, either In England
or the United States that no such defence Is set up;
Shat the right which the plaintiff here seeks to eniorce
end for the YndSaton vi which he nYokes the ala "