New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1878-08-21
THE RIGHT TO PRODUCE DIPLOMACY"
AN INJUNCTION MAINTAINED AGAINST A SAN FRAN



The suit of Samuel French and another
against Thomas Mcguire argued before Judge Daniels
I'm supreme Court Chambers involves several technical
questions aud one important matter. The real question
is over the Aght play in this country SardOns play
"Dora" known iu its English version as Diplomacy"
The play was bought from SardOu by S. 3. Bancroft
and translated for him. and he transferred bis rights so
far this country is concerned to the plaintiffs The
defendant the manager of a San Francisco theatre
and proposed 70 bring out the play. On his passage
through this city to Europe he served with process
and thus the courts Of this State acquired technical ju
rsdcton over Mr.. Mcguire. The fret question raised
Ia the case whether, the threatened injury to
take place in California the courts OF this State can take
any cOgnzance OF It, Judge Daniels holds that, as the
supposed njurer was found within the control Of the
courts Of this State be may be subjected to their disc
pine the principle that man within the juris
dcon OF the court may forced to convey owned
BIZ him In another country.
Judge Daniels holds that the only question on the
main fact Is whether the plaintiffs have a right TO the
exclusive representation Of the play since the defendant
does deny his intention to produce the play and then
reviews the evidence Of the plaintiffs title TO the play
The plaintiffs title derived from Squire Bancroft Ban
croft of London The title is to original adaptation Of
VctOrlen sardou's play, "DOra" made by savie Rowe
and Bolton Rowe This was conveyance OF all the
rights Of the Messrs Rowe in manuscript which had
not been Published, printed dedicated 70 the public
question is as to the night OF the Rowes which
croft This rests upon information only But, though
the general rule that information Is not enough
pioaton The rule only requires the best evidence at
tainable In this the Information was sustained by
other testimony, sdowing that Dora on the French
stage and Diplomacy" on the London and New-HOrk
uSe and have been acted with marked success and IN
neither place has there been any dispute OF the Orlg
naty OF the play OF the rights OF its author Besides,
the defendant tried purchase the right 10 act the play
in San Francisco. These facts, Judge Daniels holds es
ablsh the plaintiffs right The play sardous orig
and the original right and adapters rght bOth con
useript protected shall be the exclusive work OF
person. The policy Of the common law is to protect
authors in their Literary productions, and TINS was only
modified where they published them; publication being
considered an abandonment OF their right ana the
mere exhibition OF manuscript or ne performance ia
theatre is publication IL may allow each observer
or bearer to carry away in his memory so much as he
may enjoy for himself, but not to use the Whole compost
ton for others. -, ,,., l.,
therefore allowed with costs; EX,J A. ., Ditten
hOeer represented the plaiDhs In tue argument ana
Charles w. Brooke the defendant
REDUCING DISEASE IN TENEMENT-HOUSES
Assistant Sanitary Inspector James presented
report yesterday 10 the Board Of Health. The board
passed resolution thanking the druggists mentioned
IN the report for their assistance in checking disease
among the poor. The following are among the main
features OF the report The term OF service Of the tenn
porary visiting corps expired on August g. having
tended over period Of five weeks. The work accom-
pshed was a. follows: Tenementhouses visited. 25,-
2l7; families visited $4,000 of sickness treated,
1921 excursion tickets for the Floating Hospital"
of 81 Johns Guild distributed 296S. The corps also
distributed large number OF circulars printed in the
English and German languages, giving plaln lhsttuc-
tiOns in regard 10 the care Of children Among tho
cases OF sickness treated there 81 deaths being
one in about 1851. or 2552 OF the cases treated,
I,635 were diarrhgal diseases, including cholera
mOrbus and cholera infantum. The iberality with
which the excursion tickets were supplied by the
managers OF the Floating Hospital" Of st. Johns
Guild resulted great benefit TO tee children Each
medical visitor was supplied with such remedies az
were likely be needed Thanks ure returned TO
large number Of druggists for supplying medicines