New-York tribune., 1875-07-24

Eve years the lying word monopoly launche" 10y
the dissenticnt judge in Mar agt. Taylor was un-
dermining the property.
A rPsr CASE OF AUTHORS RIGHTS.
9Feb. 1874. on an appeal from the Court of
Chaucery. in Donaldson agt. Beckett. tie House of
Peers directed the twelve Judges at Common Law
TO reply to three questions which may he thus con-
densed
1. Had an author the sole right at common law to
print his MS
Q. If 50. did he lose his exclusive right by print
ingi
g. Did the statute of Qneen Anne cnrtail this right
and oonne 1t entirely to The tmes and other condi-
tions specidedi
On the first question the Jsdgos, including Lord
Mansfield were o to 3 on the second to 4, aud on
Che third, 9 to g.
But Lord Mansfield whose great learning left lit
tie room in bis mind fag small trait a. pluck,
xithheld his opinion without altering it, and made
the numbers appear 10 be, on the first question:
to g. on tho second to 4, or the third
to g. Pursuing the same delicate course IN the
House Of Peers itself, ne sacrificed the biggest
filing on earth and that is justice, 10 an extremely
pretty, but small thing, etiquette; whereas IoId
Camden. who for known reasons hated authors and
hated Lord Mansfield laid aside not only etiquette,
but judicial gravity and rauted and canted without
disguise as counsel for the pirates and so s'oie
majority of lay lords not lawycrs. whose Judgment,
however went only to this that the statute had cur
tailed the everlasting common-law right.
A MAJORITY FoR LUCKY KNAvEs.
Thus these lucky knaves. the pirates. got sham
majority of tho judges 90 d-fy the cotcmpoianeouS
and continued Interpretation Of q statute 90 years
old-a malpractice without precedent III cur courts
and-anomaly upon anOmsy-tO curtall 80 sacred
thing as an Epglishmans property. Unfortunately
fheir good luck did not stop there. Though they
It, fl.a fv.f audSe nj
vet the AngloSaxon muddlehead now interpFets
their bastard victory tie Tst question into 'ic-
tory on the second question, where they Wcfo over
powered by nuInbers and crushed by weight, Mans
field and Blackstone being in tho majority, ana III
the minority three comic judges Eyre, PeI1ott, ana
Adams Who held in the teeth of all the that an
author has not, by common law, the sole il9t 10
a,~int kis orR mdnuserip'. Now the metaphysical
,nuddlcheads led by Yates hal the same contempt
for these three comic judges their allies, that M&i5
field and Blackstone had feg their allies and them SO
then the majority who said, "No; copyright AZ com
mon law is moi forfeited by It's lawful exercise for
law abhors a forfeiture" were agreed il principle
but the minority were only agreed 20 say " copyright
In printed books did not exist at common law lhey
conld not agree ,pky The only principle the meta
physica Judges and tie comic judges held in COM
mon was "a lakefactaticr Of al pflncpic. VIZ:
resouton TO outlaw authors per ids ct Rc'f' bnt
the AngO-Saxon addlepate. unable to observe, ana
Therefor, unable TO Discriminate contempiates, with
his incoming lacklustcr eye. consistent; majority,
BED by the only judges Enrore recognized asjnri'ts
ond minority composed Of trumpery little Obscure
1udges AT war with each other; and III the teeth OF
fhis treble majority by numbers, weight and una-
nimty says copyright was declared by tho Judges
Creature OF statutes.
Not 90 my friend and iacsss great majority
Df the Judges. led by gapts, and agreeing n prih-
Ciple ovcrpoworoa a small and dscCdant minority
of dwarf, and declared copyright in printed books
81 creature of the common law, and a nsrscliGg OF
statutes.
LOOKING at the conduct If jtS first nurse, m 1903.
lbe latter term is douily appropriate for when
nurse Is not the mother she is the very woman 10
ovcrlie the bantling and shorten lis days.
Sadd rot well the rights and wrcpgs Of authors
From l7O0-17C9. Authors ard their sssirnecs
snfcrcd such aNless devastation of their property
and und,scrved Iuin as other citizens over en-
dured at that epoch Of civilization and ii 177A the
same favorte victims OF injustice suffered TWO such
,SrorpS judicial and lecslatoial, would If they
had flllcr on any powerful class Of Citizens have
frenchec the land in blood. have set the outlawed
proprieors killing pirates like rats, and have
impeiied the House of Lords, both rs \ tribunal
and q branch Of the Legislature and this'i> sound
way to measure public crimes fo1 though n Il s2irr
IN tra,ncie uniusily or the worthy and the weak
Than on olc strong il is net bio more just and y IS
not so much more expcdient il looks tor every
dog cc;s his day.
The iadicial wromg.-The Judges are the cousi,tu-
tonal il tci1IeteIs of statutes and their icte5prta-
fons arc law. Precedent rules our courts hte lfon
when judges no sit peaT the tine Of an act inter
rret it in open court by u uents and So precedens
of interpretatisn accumulate Che chain oi judgments
beconea law. and imlnutshe especially if the act 50
fnternretci came after night ut common llw aud
,ecogni 5el it. Never, since England was nation,
has 60 years, interpretation of staiue hecn inset,
except 20 inure authors. Sixty year, Interpretation
of Queen hunes statute, had the inteTretat a been
SniayiOas to authors, W9uN have stood IS i1lno'-
alle az the walls of Westminster Hall Not one En-
elieh judge would have listened eiies 80 reason CT
10 PRINCIPE. or to grammar OF to all three, arainst
chain Of prccedents, had those precedents been N-
sSoas 10 auihors Every lawyer knows this and
that the answer of the judges to inncvafiag au-
thor, would have been 1--WE do not make intcnneta-
aions Of old statutes; we find them in The cases.
Hare yOa a oase Nr Aaikor"
A LEGISLATIVE WRONG.
The House Of Lords not itself IN this matter
Besides tha excess Of lay peers there were two ee-
ments that yiiiatcd its Judgment. First LoId hans-
field withheld his vote That was mclstrous. In
the tribunal whence there ia TO appeal If ho most
capable Judge whholds his voice, the majority IS
dolusion dom; say his silence wcs without pIccc-
dent. But the other side flung precedent 10 the
winds. Second, Lord Camden, one of the judges,
WAS corrupt man may he corrupted with other
filings than bIibes. This lawyer was corrupted by
his passions He hated authors for blacl.balling
him at their club, and he hated LORD Mansfield
for being a greater lawyer than himself. Lord
Mansfield was silent, yet Camden spoke at him all
through; and he spoke on the judgment-seat not as
s,1. VIII n bp ~