The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-04-03
Mr.. RICHARD H. DANA.
4 History Of the Case Of Lawrence w.
Dana Ct al.
THE FINDINGS OF THE COURT.

Dana Jr editor OF another an notated edition OF the
same work. the publishers OF the last mentioned ammo
tatcd edition and tho daughter and representative Of
Mrs. Catharine Wheaton, widow OF tho author Of
''Whcaton's Elements OF international Law"
rHK QUESTIONS INVOLVED N rnE SUIT.
Two dinerent questions were involved IN tho Issues
which the plcadngs and proofs In this suit presented
hrsi the question OF te second, the question Of in
fringement
Tho question Of title briefly stated Is thIs:--Nr
Lawrence, ut tho request Of the widow OF Henry
wheaton author OF swheaton's Elements OF Interna-
tionai Law" prepared two annotated editions OF
wheaton's Elements without compensation therefor,
and tho copyright Of these two editions was
taken out by the widow and she enjoyed the
benefit OF tho same. In order, therefore, TO entite
Mr. Lawrence 10 bring his suit. Il became necessary
for him set up equitable title to his annoIations
the legal title being in tho widow, Catharlne Wheaton
To sustain this position Mr. Lawrence rchcd-Flrst,
upon contract or agreement between Catharnc
Wheaton and himself that she should mako NO use OF
his notes aforesaid In any edition Q! the work
without his written consent and that she would con-
vcy to him. by formal instrument, tho right 10
mako any use he might as OF his own notes;
second upon the ground that in the consideration
oil Of equity no Ia to be taken and deemed tho
owner and proprietor OF tho copyrights Ia and as 10
Nil the matters contributed by him and published In
those two editions Tho construction Of the evidence
adduccd to sustain and coutrovcrt positions and
the consideration Of the Copyright law US regards
equitable itiie 10 literary property was tho most
thoroughly litigated part OF the case. Tho
evidence consisted OF memorandum OF agree
mcnt and huge mass OF correspondence.
The question OF equitable title OF the most
trca,c and delicate with which tho law Of copyright
has 10 deal II was thoroughly argued by tho learned
cnu IN bot haide nd fha ease vii bO
leading ono
As regards the question OF infringement the do
PENDANT, Richard II. Dana, at the request OF Mrs.
Wheaton, prepared annotated edition Of whenton's
Elements subsequent to the last annotated edition pro-
pared by Mr.. Lawrence As Mr. Dana admitted having
made some use OF tho edition OF Mr. Lawrence tho
question arose whether the use, which tho evidence
would show that he did make, not lcgt-
mate The question OF law aud the question Of fact
involved ID this inquiry thus stated In the opinion
of tho Court Stated In brief terms, tho question Of
is What did the respondent, who edited tho
edition In question: make OF the compa,nanls notcss
And tho question Of law presented inasmuch us IL Is
conceded that he used the same TO some extent
is Was that allowable Of character and
10 such extent that It infringed the compliments
rghtsg" The question Of law rs regards what amounts
to the iar OF the work OF another and what not
far use very difficult one, aud presents very
subtle question OF copyright law. The evidence
CARDS the OF fact involved in this consisted
chiefly the testimony of two experts, and the result
OF tho respective comparisons which they made, the
testimony OF tho parties themselves and tho compari
son of the books Tho Court did not consider itself
entitled 10 review and compare the merits Of the
spcctve books, although IL had formed very high
opinion Of the notes prepared by the complainant,
Lawrence and was OF opinion that much, also, has
hoon Mi OF bv thc Of th0
same direction, and in tho collection and prcscnta-
ton Of similar matters wholly distinct ani separate
IRON what was antefR;cntiy collected and presented
by the complainant"
Tux CHARGE OF INFRINGEMENT.
The issues presented by the pleadings In regard to
the question OF infringement were thus summarized by
statement or the complainant is, that prior to tho
last edition annotated by him there book Of in
ternatonai law In which all the authorities bearing
upon the different questions discussed referred In
the original work oi the author his anccedcnt
notations, wcre collected and presented In
venient form Tor reference. Such authorities MS lie
represents consisted OF judicial decisions diplomatic
discussions by distinguished cipomasts and dissera-
treaties and lectures OF arned publiciss and
writers upon the law OF nations; that he undertook 10
collect and present and bya considerable amount or
labor and intellectual exerton did collect and present.
IN his and In convenient form with reference
each question discussed, the opin-
ions as Aforesaid transang such rs were IN any Tor.
cign language. and giving them In iull where they
seemed sufficiently Important 10 be SO presented,
and IN other cases referring 10 thcm giving the name
found; that many OF the authorities collected, and
particularly those relating to diplomatic discussions
and negotiations, AMI those showing the way in which
involving principles OF International law had
between different nations and been
sre 20 DC .ouna ,n sa1sss eesye ue
ter and others named and referred 10 In the bill Of
complaint, not treatscs on International law; that
there is book which serve index digest
assist author IN any material respect IA collecting
such authorities; that tue number OF books and pa
pcrs OF that nature examined by him in searching Tor
is only possible to make such collection by dcvotng
much attention TO tho subject Tor many wears
and by making and preserving tho memo
randa Of such matters bearing upon the sub.
Ject A. from time to time they come to the
knowledge OF person giving large share Of his ut
tenon such matters, and reading oil such books
relate to this subject and awaiting himself OF much
tcrcoursc with persons conversant with such matters
The corresponding statement OF the respondent that
the plan work adopted take the OF
with original notes Of his own, IN the sanc man
II they had never before been annotated; that
part Of his plan TO revise, reduce or alter tho
compainants notes, even IN such matter tho law or
copyright would have permitted II tho complainant
had had cop, right therein, but that his was
after reading topic IN tho text II he thought IL
qured annexation, to examine all the works TO which
no had access bearing upon the topic, and, among
others, but not more differently than Others the
a the examination he thought necessary, the allega-
that no then gave the subject tho best reflection
he could and subsequently, wrote out new and orig
nal note Ia every instance In manuscript throughout
in his own handwriting or that Q; an ainanuensis and
notcr OF tho complainant than above stated
sThc complainant also alleges that IN preparing tho
text OF his edition he exercised considerable amount
Of skill aud Judgment IN tho arrangement OF his
notaons, and IN combining aud connecting them with
the text, and that he compared complete index 10 the
Same; and he charges that the respondents, IN their
book, nave copied, coniormed 10 and printed said an
notatcd book and the annotations OF the same which
he prepared; and that they have used ana availcd
themselves Of the said book and annotations and the
said labors OF tho complainant Responsive TO the
charge that his are, III great part taken aud
copied from those Of the COMPLAINANT and that he has
printed and unduy used the or the CON-
planant, the defendant totally denies the Same aud
every part thereof
sowing this denial OF thc.compainants assertion
tho Court bad to determine the question OF and
the question OF law stated above with reference TO
these Issues and the evidence IN the For this
purpose the Court itself made examination and
comparison OF the books In question, acknowledging
that great assistance Afforded them by the tcsti-
mony OF the experts the case but making 10 GER
tain extent an independent examination and compari.
SON."
THE CONCLUSIONS COURT.
Tho conclusions TO which tho Court wero:-