The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1893-11-12

was. acting as manager of snid cor
poration. That on or about the" ....
day of........1sQ3, Of the plaintiff,
through its duly and authorized agent
to-wit: The Secretary of the Terri
tory Of Oklahoma, Secretary Martin
and the defendant the said State Capt.
tai Printing company, bv and through
its said manager, and the defendant
Frank II. Greer, entered into con
tract a copy OF which Is hereto at
tached and marked Exhibit A,
I Here follows the contract publica-
tion cf which was made in The LEAD
ER last July by the terms whereof the
plaintiff was TO deliver TO the defend
ants the manuscript of what is known
as the index of the statutes of Okla
homa and the session laws OF the first
session of the second legislative as
semblv of oklahoma Territory, and
the defendants agreed that they would
print one thousand copies of said in
dex and said session laws and bind the
same, each volume containing "a copy
OF said index and of said session laws.
for the ,ollowing sum, to-wit: Sc 3ls.O2s
II was also agreed between the re-
spective parties TO said contract that
the plates OF which said index should
be printed, and the volumes contain
ing said index and said session laws
when printed should b. the property
OF the plaintiff, that the defendants
would not use said plates for the pur-
pose Of printing volumes containing
said index and said session laws. or
either Of them, In excess OF said num-
Der. to-wit one thousand, without
the express direction and authoriza-
tion and for the use and benefit of said
plaintin
Second That in pursuance Of said
contract the plaintiff delivered said
index and session laws to said defend
ants, and In every way has kept and
performed every part of snid contract
on its part 20 De performed, and when
said one thousand volumes were com
pleted and delivered to said plaintiff
it, the said plaintiff, paid the contract
price therefor in full, as hereinbefore
specified.
Third, The plaintiff further states
that the defendant well knew at the
time Of the making of said contract
that said iEdex had been accepted and
approved by the chief Justice of the
Territory of Oklahoma, and that it
was the duty of the secretary Of said
Territory, and his intention to copy
right it for the sole use and benefit of
the Territory, SO as to prevent the use
of said index by or for any other per
son, persons or corporation.
Fourth: That when the plaintiff de-
livered to the defendants the original
manuscript copies of said index and
session laws, it was upon the full faith,
belief expresg understanding and
agreement that the defendants would
keep their part of suid contract and
not use the plates upon which said IN
dex was printed and the copy of said
session laws TO print any other volumes
of said index and session laws in eX.
cess of said one thousand volumes, nor
to use the information which they re-
ceived by the possession and use of
said index in any manner by which
the intention and purpose of the
plaintiff to have the same copyrighted
in order to protect plaintift In its own.
ership thereof and prevent the pratt
cal use of same for the benefit of any
other person, persons or corporation.
Fifth: That said index was prepared
for the plaintiff at great and euor-
nous expense and trouble to the
plaintiff, and that the session laws OF
the last session of the legislature OF
Oklahoma Territory are comparatively
useless and valueless without its aid
and that the defendants well knew al
the time they entered into said con
/ tract with said plaintiff that it was
! for the purpose Of increasing the value
and sale of plaintiff's said Sc IN lawi
that 1t, said plaintiff, went 10 tbs
trouble and expense of procuring sale
/ index, and that 1t was the legal duty
and the intention of the plaintiff, from
/ the sale of said session laws and indel
/ to create fund for the purpose Of Us
/ tablishing IA territorial library Tor tn,
use and benefit Of the public in gen
eral.
Sixth: And the plaintiff alloge
/ that, Notwithstanding the contract
and in violation OF said contract
/ equity and good morals, the defend
ants and each of them, disregardini
all of said obligations, have printe'
and bound ready for sale and distri
/ button large number of volumes O
/ said indey and session laws, with sal,
index and session laws bound in tn
same volume, IN ekcGsS Of said on
I thousand volumes. hereinbofOre men
/ toned. That after the delivery o
said one thousand volumes to plaintiff
defendants widely advertised for sal,
said volumes so published in excess o
said contract mum Der, and have sol,
and disposed of large number OF sal,
/ volumes at eXorbitant prices; the eN
act number of said volumes so wrong
/ fully and unlawfully published tn
/ plaintift is unable to state. and is ais,
unable to state the exact number o
said volumes that said defendants hay
so wrongfully and unlawfully sold
and the plaintiff has no means b.
which IL can obtain said Information
but plaintiff is informed and verify be
/ lieves, and therefore alleges, that sale
defendants have, by the wrongful anC
unlawful publication and sale of sal,
volumes. derived and received larg,
amounts of money. the exact amour
this plaintiiY is unable to state anC
has no means Of asceTtaining; bu
states that said defendants are indebted
to said plaintif for the entire amoun
of money so received by said defendant,
from the publication and sale of saic
volumes.
seventh: That defendants threaten
TO and will unless enjoined by order OF
this honorable court, through the
means of said advertisements and the
valuable character of said index and
session laws, continue 20 sell at said
exorbitant prices sand volumes Of said
index and session laws SO published
by said defendants, in violation Of de-
PENDANTS contract with this plaintiff
intending and contriving thereby to
prevent the plaintiff from further pu b.
fishing said volumes of said index and
session laws for it's own use and ben
eft. and for the benefii Of mid terri