St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1891-10-06
WHICH ARE RIGHT

A decision recently made by a judge
of the highest New York court affects a
question of growing interest, and in
wolves something of novelty. Itrelates
to the right of the Individual. especially
ladies, to the privacy of their persons
and names. 1t has been held by other
courtS that individuals have some rights
in their photographs, and there are linn
itations to the use of the public char
acterS, like actresses. In the New York
instance the use OF the person for eX-
hibition in statues was involved.
The Women's Memorial association
purposes TO have a number of
statues prepared fer its exhibit
at the Chicago fair. These are
TO represent types in the persons
of individuals who have become
honOrably identified with the part to be
pictured. For instance, SUSAN 3. AN
THONY was selected as the model for
the Typical Reformer." If any of the
timidity of youthful reserve has sur
vived the Ordeals of ages of cOnspicuity,
she bravely relegated it to the rear in
the interest of the reforms that have en-
gagged her energies, and consented to be
typifed in brass, or whatever the fabric.
The Typical Philanthrophist'' was to
represent the person of a lately de-
ceased lady in New York who was very
active in works of that character. OBJ
lection, however. was raised by the fam
lily of the party. 1t was insisted
that she was not a public char
acter. She performed her chari-
ties unobtrusively, and never sought
publicity. If living. she would
shrink from anything of ostentation in
her humane labOrs. But the statue
makers persisted In their purpose, and
asserted the general principle that the
person of any private individual could
be used in any way not derogatory to
the party. A temporary injunction,
however, is had to restrain them, and
this has recently been made permanent.
If the case is taken to the court of APP
peals, it is not probable the decision
will be reversed, as it is in the apparent
line of the judicial trend. The opinion
of the judge enters extensively upon
the general subject, and deprecates
the prevalent disposition to in
wade the privacy of the individ-
ual- and trench upon what Judge
COOLEY calls the fright to be alone"
There may be question as to the fas-
tidiousness of the family in this case
The recognition had of the service
given in a noble cause by the honor
paid the lady may have value to the
mission to which she was devoted. A
higher end than to crafty any ignoble
curiosity was involved. Could the cause
to which her efforts were devoted be
promoted by the fitting representation
of her person. ethical propriety should
take precedence of mere indispositlon
to disturb personal privacy. Ii is usu-
ally insisted that the right to be alone"
covers all depictiOns of the individual.
The private party may not be photo
graphed or used for the statue
without personal consent This NAV
be conceded so far as dispar-
aging exhibition is concerned. Per
haps the line may be drawn even
more rigidly, but it is not a tendency to
be encouraged. All will concede that
the illustrative disposition of the times,
pervading all classes of literature, is an
exceeding pleasant one. Why should
those whose counterfeit presentments''
afford so much pleasure to others stand
in the way of this enjoyment? A de-
mand for full justice in lineaments in
the public prints may be tenable, but if
is not best to discourage the new feat
ure in Journalism and literature. Those
who are wanted for statues OF illustra-
tons should not be prudish or churlish.