The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-08-21

JUDGE DANIELS MAINTAINS TIE IxJUScTIoN
THoRlzED ADAPTATION OF sARDoU's PLAY
AUTHORS RIGHls TO BE PROTECTED
Judge Donohue some tour months ago, ON applica-
ton OF exJuags Dittsnhosicr, granted temporary
injunction restraining Thomas Mcguire from produc
Ing at Baldwin's Theatre San Francisco the drama
"Dipi0nacy." The application vas made behalf
Of Samuel French Son, dram agents in this city,
who claimed 10 be tho owSers Of the English adap,a
tion OF the play through purchase from squire Ban
croft ana victorisn Sardou, the author Of she orig
nal French drama "Dora,n OF when "Diplomacy' 10
the English adaptation. Tho Interesting feature In
the Is the fact that through this temporary In
junction Mcguire, although the play had been under
lined at his theatre for two weeks, was prevented
from producing tho play. ana that the late II. j.
Montague thereby enabled to produce u At tho
California Theatre San Francisco, and thus give to
the residents the capital oty OF the Pacific slope
the nrst presentation there Of that popular drama
During last month the before Judge
D .niels in Supreme Cours, Chambers, ont motion
make permanent tho iujuncsion- Tue question was
motion, ana By Mr. Charles W. Brooke In opposition
decision was gwen yesterday BY Judge Daniels, tho
same being embodied in lengthy and elaborate
opinion.
tn: arst psia. discussed BY Judge Daniels 2 the
urged that tho Court had no Jurisdiction OF tho case
because the restraining order took effect Ia San Fran
cisco On this point no says that "if The plaintiffs
rights were IN danger OF being inirinRed by the
threatened or sppfshsndsd act Of Inc defendant re-
should be alone sought Tor 10 the courts having
lnQuistoral jurisdiction that locality" II
considered the time Of the that this OBJ
lection we'll founded, aud further reflection
has only served 10 confirm that conviction. When
the adverse party Is iound within this State It's courts
ciizens or redress ana direct them 10 60 abroad or
that justice which thsy may properly obtain Ut home
!. would impose 2 hardship upon them which no
u would result IN promoting Inc convenence Of the
defendant, Inc constitution OF tho State has given
this Court general urisdicioa in Law and equity Jar
tlcs y. section 81 and under SO broad grant oil au
thorty regularly acquired BY the service OF i.s pro-
cess control over The parties, II must have authority
10 aajudtcate upon thsir rights
1TTLB PLAY.
Having cited various Authorities In support OF the
above views Judge Daniels takes up the question Of
tho title OF the plaintiffs 20 sne play. "Tne point
ss d s sa
non Tor re proseci,on. fhe papers snow that 70
dent Of LONDON, Englaud, BY means OF . contract
made between him and she PLAINTIFF BY this con-
sss over Soso ior he Ussd State: the play
known ~ Diplomacy, which y an original adaptation
pss.a BY saviis ssss .ns ssi.oa Rowe, Of Ionaon
and the srginA manusstpt 81 SAID play, and all she
part, and OF The authors OF said play, in to said
play and said original manuscript and that II has not
ACTING ON INFORMATION
The objection that home Of The allegations Ia the
complaint are simply stated upon Information and
pellet 10 thus disposed 0f:-"AB general PROPOSE
legally true mat mere information 10 the
existence Of the rign relied upon will justly the
issuing OF an injunction, bu, this, like many other
general rules cannot be OF universal application.
exception 10 II has always existed IN where
made TO appear that the AFFIDAVIT Of the infor-
mart could not be oblatnsd courts OF justice re.
quirs the best evidence which may be in tue power
inf rlnnn has Ratt
knowledge OF facts affirmed by him, courts deem
themselves In proceedings OF this nature justified In
10 beyond the power Of the Court because OF his
dence IN foreign country the means to compel his
csdng rule must be applied far as II may consist
onty meet the emergency OF the case, and the reason
sscsss..y Of obtaining .aavs Of such in orman.s
when Immediate action Is required for the protection
OF their rights. Such an emergency appeared In this
case"
LITERARY PRODUCTS AUTHORS.
The most important point In the opinion is that
covered IN the concluding paragraph. 40 protect
person." Judge Daniels says, I'm the possession Of
an unpublished manuscript Of this descr iption, the
does require that II shall DO the exclusive
work Of ono individual II may be that OF one
many aeepg In cooperation, ana whichsocvsr may BIO
Ihe case the right IL subsh iiay the saue ana equally
optsIed to the pro.eetion OF courts OF usticc The
same reasons that will Induce security to an indvd-
ual will extend IL 70 AL whose joint action may
early The policy OF the common law to protect
.utnors III the enjoyment Of the pecunsry benefits OF
SooI iuexASy ptSduSsions ano shs law Cohbuuos
10 mninIan and protect the right OF an author TO his
unpublished manuscript or composition the same az
IL formerly DID, Independently Of the statute concern
ing copyrights Exhbiiing the manuscript or COM
position TO others, where It may be adapted 10 that
ond. performing by theatrical representations have
deemed sufficient TO cons ltute the publica-
ton, which would deprive the author oil his exclusive
right" In conclusion, alter citing Pansrvs. Dewitt,
Al New York, $780, contained in plaintiffs briof udge
Daniels ys:"lD this last these principles were sv
IDENTIFY considered be the settled law and that of
itself should secure tho continuance OF this injunc
lioA Tue motion made on behalf OF piainLds must
DO allowed 10 prevail, and tho usual allowance OF
costs should be made 70 them"