The sun. [volume] (New York [N.Y.]) 1833-1916, 1898-07-24
CATHOLIC MANUAL, S1.sS.
Supreme Court Upholds n Publishors' Agree
ment Not to Cut the Prioe.

Supreme Court Upholds n Publishors' Agree
ment Not to Cut the Price.
BY a decision Of Justice Smith Of the Supreme
Court 81 % is established as tho price OF the
authorized Catholic book Of prayer. known as
"A Manual Of Prayer for the Use OF the Catholic
Laity." The decision, was rendered in an &C
ton brought by John Murphy d Co. OF Balti-
moro. publishers. against the Christian Press
Association Publishing Company OF this city to
enjoin the defendant company from selling this
manual Of prayer for less than 81 %. to prevent
discounts to the trade exceeding 40 per cent. for
sales OF less than $500 and 30 per cent. for sales
OF moro than $500. and for damages for all
business done by the defendant company at less
than these figures. The decision in effect raises
the price OF the book OF prayer % cents. as the
defendants admitted having cut the rate to 81.
This manual was formulated in 1884 by the
Third Plenary Council OF the Catholic Church
held at Baltimore for the Catholic laity OF the
country. and there has been no change in it
since that date. Prior to that time different
versions OF prayers were used. and the purpose
OF the council was to select an authorized work
on the subject. Father WoodNan OF the coun-
ell took out a copyright Of the work in his own
name. The Church Itself never copyrighted
the manual. He assigned the copyright In
1893 to the Catholic Publishing Society Of
the City Of New York. This company in
1889 made a contract with John Murphy
d Co. by which the firm obtained one
OF the five sets Of plates then owned by the
catholic Publishing Society. with the right to
publish the work. and gave the society in re-
turn $4,000. As part OF the agreement. it was
arranged that neither party to the contract
should sell the manual for less than 81. 25. and
that the discounts to the trade should remain
as stated. 1t was further agreed that from each
copy sold each publishing house should pay 9
gents TO the diocese Of the Catholic Church In
me place OF publication.
he Catholic Publishing Society OF the city
a. new York went into the hands OF William
thbnget0 as receiver in June. 1885, and he sold
ne copyright OF the work as such receiver to
f T aeiiendant. the Christian Press Association
dpIIlanlhg Company. which continued the sale
o1 the work. The defendant company did not
nHy any money to the Church here and the vol
Gfne was sold for 81. with uniform discounts OF
on EGr cent. to the trade. John Murphy 4 Co.
say the&h have lived upto the original agreement.
M ne heyi James l.. Meagher, who organized
smr defendant company. testified. as the an
SMsF oil % the dS feR,dant set up that while $ .25
printing was so much reduced that IL would be
Sniair TO charge 81 % for the manual now. He
thu n I pa ~ cost q making the manual sole, by
sdil2n being all in black print, His edition,
Mnlrl mas red and black lettering, costs 20H
co ~ ~ was further urged that the defendant
hbOnp1Iy. on taking over the copyright. was not
JONI Murphy 4 Co. and that the agreement
the State. ""'"' 'o Va
The decision Of Justice Smith does not refer
VA II Is not good BY unfolding the contract.
tf nnTu HIlo6aht ~ damaRes suffered by the plain
yea WI - HAei subsequently, by a reference.