New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-08-25

older tfan the varnsb, for they were all invented
not bv Judges. but by Counsel, Tor the defense Of
So much for p,iori reasoning against evidence.
| What else was TO DO expected Inc system o.
would be sad indeed il that sOphstical system could
not darken any single subject, and turn 80 small
| thing as pettifogger into 50 common thing -
lunatic.
THE BACONIAN METHOD VERSUS THE METHOD o.
THE DARK AGES.
Evidence on one line may mslesd; but concurrent
evidence-never BY concurrent evidence, moan
veins of evidence starting from different points. but
converging to one center. Three distinct comet
dences pointing to one man as murderer, have al
ways hanged him in my day. have many examples
noted. Almost the greatest concurrence OF hetero-
geneous evidence know any historical fact mhat.
erer is that, which proves Copyright at law in printed
glishman is entitled to full Copyright in the United
States, BY the Common law.
WORD.
First let me ask-what is A WoRDf The insane
sophists seem to fancy it 10 thing, or else
air. II is neither. It is Defined and justly.
by the 0gicans, "the current sign OF an
established thing" 1t can never precede tho
thing signifed We all know the woodworking
process for we have all it. There was no word
more wanted than Telegram vet it was not coined
till years after the thing signiied became com
mon | saw the verb "to burke" created. IL was
coined about six months after Burke was hung: but
it took years to conquer the Kingdom. When q
word gets to bc used by different classes, governing
and governed that is the voice Of the nation, ifs
currency marks the full blown and long established
existence of the thing signihed. 1t is SIMPLY iotio
to look, with moon-caf eye, at an ancient, popular
word, and say that signifies modern thing.
AGAINST FORFEITURE or COPYRIGHT BY PUBIICA-
TON.
Heads of the evidence against forfeiture of Copy
right by publication.
l. The word Copy" from the Tudor Princes 10
Queen Anne's Statute and in tho statute and after
the statutes always used to signify the sole Eight Of
printing before and after publication. That alone
bars Yates's theory of forfeiture.
g The ancient use Of this technical word in Dis
connected things and places, yet always to denote
property and occupation. Example,: A.-Entries OF
sales and transfers Of copyright from 1903 to 1902
at Stationers' Hall, by occupiers. Proviso in 1882
that, where the King had licensed any individual to
print the license should nevertheless be void if the
Copyright belonged to another. B.-Recogniton OF
"Copy7 as property in Acts OF the Star-Chamber, in
Republican ordinances, both valid historical
evidence, and in the licensing Acts Of Parliament.
10 and ii Charles H., l James H., c. 7.
William and Mary, c. 81. which are evi.
deuce. and something moro, since in all
these tine three estates of the realm protcctei by
severe penalties that very property In published
books. which Yates imagined had expired by publ
cation. Here, Copy" or Copyright" might
very well initiate Descartes and say, 6 PRorEG)k;
ERGO SUM-" C.-Use Of the word Copy" Ia Queen
Annes Statute. The first statute on any
matter is written with common-law hands
and common-law minds. In QUoon Anno's
Act, the word Copy" is used six times
in its established sense; and it is first applied,
viz: in Sect !, not TO manuscripts on the eve OF
publication, but to printed books; and tho prefer
cncc antiquity had for the printed book over tie M
). is here continued: II years the minimum term to
published book II to NJ. s. on the eve OF publ.
cation. Is that how Yates estimates the NJ; ): and
the Book Deterioration OF the word, ana thing
rights both dramatic and epic, Miiton's' south
erne's, Rows, and so@e Of psfoes, s,wiitJ
Copy" forever. that now survive only in the
verdi of the jury. in - Millar agt. Taylor" vast
common law right. One referred to in a former
1910. F.-Tho use of the word aud recognition OF
the thing signied by lawyers in these presatutory
agreements, many of them drawn in legal phrase;
0Iogy also in the Declaration drawn by special
pleader in :" Ponder agt l'rIdyl," an action on tho
brought for plratica printing OF The Piig1ms
ProgrrssS-''o of which $50 runs the plant-' tho
painful was, and u.s. the trne proprietor; whclrssoy
brief and technical ateent Of the grievance is not
like pleader CROPPING his way by paraphrases, to
doubtful right The peadcr is on beaten track.
SALE OF PARADISE LOST
-.
Z" Paradise LOST to Simmons in 1867. f5 for the
first edition, Is for the second edition. fJ for the
third. See Todd's life of Milton. This contra
diets Yates and his theory Of forfeiture by pubca-
ton as precisely as A contradict B in ddrdncc
When the liar speaks first true men can fit the con-
tIadicton to the lie in terms but when the honest
men speak first the liar evade their direct grip
by choice of terms for he has the last word. Put
Yourself in the place of Simmons if you were .
publisher and publication forfeited Copyright
would YOU give an author the rery sum for
the second edition and the third as for tho fraf
am quite content to refer Smmonss treaty with
Milton to Mcssrs. Harper & Brothers, Messrs. j. X
Osgood g. Co.. Messrs ID. Appleton & Co., Messrs.
Sheldon & Co., American publishers. They shall
decide between Yates and me- Mr.. Justice Yates
says Simmons's was agreement with Milton.
under the common law, for the mere sale Of early
sheets, and say Mr.. Justice Yates IL R0mancer!
Now multiply this evidence By q hundred. We only
know this business Milton and Smlnohs through
the accidental celebrity of the book but the jury,
in 1869, had such examples before them ny tho
bushel. .
4. The subsequent history. Of l." Paradise Lost"
Paid by Summons to John Milton 50 IN 1867. In
1863 60 for the second edition. In 1871. 70 Tor
the third edition, PAID 10 Mton's widow. In 1885,
sale of the Copyright for rs. Dame Milton 10 SIM
mons Simmons, in two years. sold the Copyright to
Ayner for e2J and Ay liner, in 1858, sold hall 10
Tonson and, in 1890, the otner half for consiera-
Bile SUM- soon after that vast public sale set ia;
yet 1onson held the Copyright uudisturbed. mo
temptation was strong but the common law stronger.
1t never pirated Till 1889 ~ years after nrst
publication. lt sooner plIated than lons0n
moved the Court Ii had no protection under tho
| Act. That protection expired iii 1871. A judge,
who was ripe lawyer before Queen Annes statute
and knew the precedent c0nmon-law nsnt, TO
strained the piracy at once under the common law
'1onsOn agt. Walker.'
| Leeal history 667-1710, protected by common
law alone and never pirated. 17lQEl.3l pro-
tected by common law aud statute. 1882 to "a.