The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-06-26

poration which win INFORM him OF his rights; that
papers OF me society ana his request was refused
wherefore, he insisted, the society should pc com
PEELED by due process OF law 70 grant him his
rights as o c0rporator.
Mr.. clinton replied that Tammany was corpor-
tion. but mat corporations could not be com-
could be SHOWN that a direct pecuniary right and
right 10 be violated. He urged thar the writ did
not snow that any sucn right was TO be dlsre-
garded; that II was also necessary 70 snow Ia
whose custody the books ana papers were, and,
whlle the writ averred that Mr.. Waterbury mad
applied 10 Mr. Schell ana Mr.. stephens Tor the
papers IN question, IL did not aver that they were
custodians or the properly OF the society de
cited numerous authorities IN favor OF his views.
extracts from various law books which gave IL
recty different version OF the point at iss ne He
commended that corporator does not need TO
give his reasons for demanding TO see the books
ana papers o. a corporation III winch ne Is
Judge Westbrook here iutImated a desire TO
hear Mr.. Waterbury as 10 what there Was on the
lace Of the papers showing IL was Necessary ioa
had not copies Of them or as 10 whether IL
appeared that ne society was acting contrary to
Mr.. waterbury stated that he took it that he
was not Obliged 10 show that, and that he dld not
propose 10 show it; that ne had ayerred tnat the
Tammany Society was puDlic corporation under
charter In which u was expressly declared
that that was public act and its constitution
anu bylaws must be brought into court and proved
Judge Westbrook inquired IT, where member OF
q corporation seeks rehef. must he not show that
the corporation Is breaking Its rules.
Mr.. Waterbury, in reply. said that this must be
set up in the way OF defence and that IL was not
for him to allege II. He came here under clear
law that this being a public corporation and he
being member OF IL and entitled TO the priyt-
leges OF members he was entitled TO copy Of the
constitution and bylaws, especially That portion
which relates 10 matter affecting him person.
ally. All that was required was that there should
be good case presented.
Mr.. Clinton, IN his further argument, Insisted
that ll the cases cited by Mr.. Waterbury where
an inspection OF tae books was granted were
based on transactions In regard to which there
Judge westbrook said that as Mr.. Waterbury
did not show on the lace OF the writ the neces-
sity for these documents, and did not show
that these persons were the custodlans OF them
or were able to lurnsA them or that ne had made
o reasonable demand Tor Them. ne thought the
papers were fatally detective.
At this point Mr.. Calvin rose and stated that 1t
was settled law OF the state that II member OF
O society was expelled in conformity with the
rules or SUCH society that mandamus could not
lie 10 restore AHA TO membership. He had ex-
amined with great care the authorities bearing
on the present case, and not an instance could be
, ,oana rc c0mpeng produc s o. ~ sae u
stance.
After some further argument Judge westbrook,
although strongly intimating that he would quasn
the writ, TOOK the papers, reserying his decision
THE "SHAUGHRAUN'' REDIVIVUS.
Not long since Mr. DION Beucicault brought an
action In the United states Circuit Court against
Joshua Hart proprietor OF the Theatre Comique,
Infringement of the copyright OF the ''Shaugh-
raun,n by playing in his (Air. Hart's) theatre
drama the title Of which Is the "SkiDbeah.n Mr..
Boucicault claims that the "Skibbeahn has been
piraJed rom the .Shaughraun.n Judge Woodruff
tried the in the course oil the past winner. lt
was contended before the learned Judge, on the
part OF the defendant that The 'Shau9hrauRv
was "stolenn or made up by Mr.. Bouclcault
from o play called "Pyke 0iCailagban,n and
that even II 1t was original IL was not shown thar
Mr.. Bouccault Rad secured a copyright OF his
play, and mad not lodged copy or it With the
Librarian OF Congress ten days alter ding with
aim copy OF the title thereof. The result OF the
trial before Judge woodruff was the issuing OF
Temporary INJUNCTION restraining Mr.. Hart IRON
playing In his theatre certain specified scenes in
the "Skibbean," on the grSuad tnat they had been
plagarized from the "snaughran-n Tae injunc-
lion also required Mr.. Bouclcault TO give
bonds TO Mr.. Hart In the sum OF 5000
he might sustain In consequence OF
Court being finally in his favor. Then the ques-
ton turned upon Mr. Boucicaults acqu cement OF
o copyright In the ''Shaughraun,n anu this came
up on demurrer at q subsequent stage Of the case
before Mr.. Justice Hunt one or the judges OF the
Supreme Court OF the United States, holding term
in the Circuit Court OF tsis district TRe learned
Judge rendered Ais decision yesterday. He over
rules the demurrer filed by the defendant, and
gives the defendant leave to answer the COM
plant IN thirty DAYS.
Richard O'Gorman, counsel for Mr. Boucicault;
and Msssrs A. u. Purdy and Lockwood Post
for Mr.. hart