The San Francisco call., 1898-06-02
Judge Morrow Declares
 :O'Brien a Buccaneer.
DORA :DEAN' IS ORIGINAL.
BUT HER WORDS MUST BE CHANGED FOR MORALITY.
"she's the Hottest Thing You Ever Seen" Does Not Strike the Court as the Proper
 Thing.

Persons who may hereafter sing the dulcet strains of Ma AngeNne" will do so with a guilty conscience, and will be accessories to piracy. That is the effect of a decision made yesterday by United States Circuit Judge Morrow in the cele- brated case of John P. Broder and Hugo V. Schlam against the Zeno Mauvais Music Company. The suit was brought to recover damages for an alleged in fringement of copyright of the melting song Dora Dean,' composed by Bert A. Williams. IL IS alleged that Ma An geline,' composed Dy Charles Sidney D Brlen. Is Dora Dean Tn another cos tune. In other words, that MT. O Brlen stole the melody and rechristened 1t. Not only that, but he sold it to the de- fendants for S5.
 MT. Williams is a Cuban in color though of African descent and American breed ing. MT. O. 'Brien, as his name indicates, IS or Irish extraction on his grandfather s slqe, put ms maternal ancestry Is unmis- takably African. In fact, he is as black as HaVanese ace of spades.
 Judge Morrow. in his. decision, was del icate about this ingredient of the case, and in referring to the complexion of the rival composers remarked with a finesse that would do credit to a diplomat: Both of the songs are colored melodies, and both of the alleged composers of the songs are colored gentlemen"
 Then the court, with set teeth and a grim air of determination, plunges into .
 Tt Is claimed that the song Ma An geline, was. pirated from the song Dora Dean, and on the, other hand the de- fendant claims that the song Dora Dean was pirated from Ma Angeline '
 Then the coup de grace is given in the next sentence:
 Tt is conceded that the melody of the two songs is substantially the same"
 This matter having been disposed of as proving that one or the other of the two colored composers is a pirate, the Judge takes up another branch of the case
 The second question which arises in this case Is whether the use of the word published has the effect of rendering the song obscene and vulgar, and thereby ex- ciudlng 1t from the class of compositions CUTS in the line. Shes the hottest thing you ever seen In other words the Ques- ton; is whether the use of the word hot test renders the song morally objection aple, musical compositions of an immoral character. not being protected by copy right.
 charged and the motion for a preliminary Injunction denied by my predecessor, now MT. Justice McKenna, on the ground that the word hottest as used in the song Dora Dean was an indecent and ob- scene expression. Since that ruling addi- tional testimony has been presented on both sides. That introduced on behalf of the piaintHf is that the word hottest as used in the song and as understood by the colored people has no obscene or vulgar meaning, and simply means grand bril- liant or. as one of the witnesses stated. 1t means with the colored people the same as the expression She's out of sight does with some white people,"
 Judge Morrow does not consult his own observation for solution of the problem, but finds authority in the dictionary. He says;
 test as used fin its ordinary sense is vul- gar per SC, yet in it's colloquial or vernac- niaT meaning, "a as applied to woman, 1t defined in Webster's Unabridged Diction- ary, means among other things lustful. lewd. lechereus,. It is difficult to escape the conclusion that the word" hottest as used in the song Dora Dean,' has an i'm moral signification.
 Several songs were introduced in ,evi- dence by the compliments which appear to have been copyrighted. and which con tain such words as hot stuff hot , ,,warmest.' 'redhct coon and other sim liar words and phrases, and 1t is argued that the use of the word In the song Dora Dean Is no more objectionable than the words above referred to in the songs in such words may be found in other songs does not justify the court in upholding the use of the word hottest in the context in which 1t is used In the song involved in the case at bar. I am of the opinion that the word hottest as used in this case has an indelcate and vulgar meaning and cannot be protected by copyright. This decision will not, however, pre- vent the complafnants from republishing | their song and by emitting the objection. able word to secure a valid copyright
 ."It results therefore that while the com plainants are undoubtedly entitled to a copyright fer the melody of the song Do ra Dean they are not entitled to copv- right of the song with the objectionabie word in the composition. The bill will therefore, have to be dismissed Also the Each party to the suit is required to pav his own costs F'