The Providence news. (Providence [R.I.]) 1891-1906, 1898-07-25
II Was Subject Of Litiga-
tiOn in New York.
TWO PUBLISHERS OFwORK
One, Cut the Price Contrary TO
Agreement and Was Sued.
DECISION GIVEN PLAINTIFF.

New York. July 25.--Judge Smiths
decision in the Supreme Court in the
controversy which has been pending
for several years between John Muir
ply a. Co, of Baltimore and the Chris
tian Press Association Publishing Com
pany, of this city, relative 90 the sell
ing price of the book OF prayer known
as "A Manual OF Prayer for the Use of
the Catholic Laity," is one of great inn
portance to the Catholic Church and it's
members, inasmuch as it established
$l.25 as the price of the book.
The Third Plenary Council Of the
Catholic Church, held in Baltimore in
1884, formulated this manual. 1t has
not been changed since. 1t has been
recognized as the authorized version.
Father Woodman, who was a member
of the council took out a copyright of
the work, and in 1888 he assigned IL
to the Catholic Publishing Society, of
this city. A year later this society
made contract with Murphy & Co., of
Baltimore. by which the latter obtained
one OF the five sets of plates which Ii
then owned. was given the right to
publish the work aud paid $1,000 10 the
society.
Their contract provided that neither
party should sell the manual for less
.han $I.25; that certain discounts should
be made to the trade. and that six cents
should be paid To the diocese OF the
Catholic Church I'm the place of pubnca-
ton from each copy sold by each pub
fishing house.
William Angelo was In June, 1895.
appointed receiver of the Catholic Pub
fishing Society of the city OF New
York. He sold the copyright of the
xrnV IN Nht.i.f ffa D.ng Ice stRff Tor
Publishing Company. of this city,
which continued the sale of the manual
for 81 instead OF $l.25. 1t aid not pay
any money into the diocese of the
Church i'm this city. Murphy & Co.
declared that they kept their original
agreement, sold the book at s1.25, paid
six cents for each copy of the work
sold into the treasury of their diocese,
and gave the stipulated discounts to the
trade. The suit was brought by Muir
ply & Co. to enjoin the Christian Press
Association Publishing Company from
selling the book for less than Si.25; to
require ii to make the stipulated dis
counts to the trade, and also for dam
ages by reason of the sale by il at a
figure less than $l.25.
The Rev. James l.. Meagher, who or
ganized the Christian Press Association
Publishing Company, testified on the
trial that while in 1889 $1.25 was rea-
sonable figure for the work. the cost
of printing had been reduced to such
an extent since that he considered ii
would be unfair to ask sl.25 for the
book now. The manual sold by Muir
ply q Co., which is all black print. he
said, did not cost more than sixteen
and a quarter cents to make, while the
edition which he printed, with red and
black lettering, costs twenty mine and
a half cents. The six cents for each
volume Sold he testified, had not been
offered 60 the diocese OF the Catholic
Church because he considered IL would
be lowering the dignity of the Arch
bishop to do so.
The decision of Judge Smith reads as
follows:
Judge Truax has decided that the
defendant having purchased the rights
of the Catholic Publication Society
Company, with knowledge of the limit
alton of the rights therein. has itself
become bound by those limitations az
by implied agreement. This then must
be the rule of law in this case as long
as ii stands unreserved. Under this
the plaintiffs are. l think, entitled &c
the relief asked for in the complaint
The words plainly bound copy used
in the contract are clearly synonymous
with the words cheapest copy. The
defendants and plaintiffs have become
joint owners of this copyright. both
bound by the contract Of limitation be-
tween the plaintiff and the Catholic
Publication Society Company"