The sun., 1898-01-01
ENJOINS A NEW DAILY.
nCOMMERoIAL ADVERTJsER" GETS
QUEER ORDER

rorbidd,ur n. q. Haynes from UsinE the Word
"ComtnercinI" III the Title or Hts New
Papcr, AithouEh tho word Has bonE Been
In tae-Thc Paper VIII Come Out ON Monday.
An ATTEMPT 10 hi der the issue Of the new
commercial daily, the New York Commercial,
which comes out on Monday morning. was
made Yesterday by tho Commercial Advertiser
Association. acting through James $. Seymour,
the President Of the association. An injunc-
tion was secured from Supreme Court Justice
emyth directing ID. o. Haynes g. Co., the pro-
prietors Of the new paper, not TO use the word
s,commcrcial" ms u part OF the title of the new
journal. The injunction Is n temporary ono and
MIR. Haynes and his attorney are confident that
Il will be vacated soon as they have had
ohnnce to present their side Of the case
Tho aggravating thing about the injunction
"a that It is made returnable on Monday. Mr..
HAYNES says that 1t is clearly the intention Of
the Commercial hdreriiser people to prevent
him from getting out the first copy Of his new
pnpcr on time They have known for weeks
that tho New York Commercial was to bo issued
daily, beginning on the morning of Jan. 3. The
fact has been advertised throughout this coun-
try and Europe, and, furthermore, Mr.. Haynes
had notified Mr. Seymour of his Intention to
stick to tho word commercial" Yet nothing
was done in the matter until the very last mo-
nlent,
The injunction was served on Mr. Haynes at
. few minutes before o'clock yesterday after
noon. 1t orders Mr.. Haynes not to publish any
periodical the title of which contains the word
Commercial" when for 1o2 years the Shipping
and Commercial List and Nei1 York Price
Current. owned by Mr.. Haynes now, has been
published weekly in this city. The Commercial
Bulletin and tho Commercial and Financial
Chronicle are other examples of the use OF the
tfN NnNy NnNk inttr mill
The Commercial Advertiser people took ad
vantage of the fact that Saturday was holi-
for Mr.. Haynes to get the injunction vacated
on Sunday, and served their injunction at the
last moment. Unfortunately for thom they
ran up against a man of spirit when they
tackled Mr.. Haynes. and all they will gain by
their petty trick will be to prevent the issue OF
York Commercial viii come out on Monday
despite MIR. Seymour Injunction. 1t may not
fact. it may come out without any name at all.
but the probabilities are that 1t will appear
under the name Of Mr.. Haynes's famous old
Nste York Price CTrrent After Monday Mr..
Haynes is confident that his right to use the
pane Netc York Commercial op his paper Will
be unuuestoned.
Mr.. Haynes in denouncing the conduct Of
Mt seymour and the Commerc,at larc.ttSSer tSa
which would follow on tho failure of the new
paper to make its appearance on time. Over
100000 notifications have been sent out, he says,
to business houses in this country and Europe,
innumerable advertising contracts have boon
closed, and arrangements for the commercial
news of the world made with some 1000 cor
respondents, Everything is ready for the pub
lication Of the paper, he says, everything for
the initial issue excepting the lato news being
set up and ready for the press.
Advertiser people, he said Yesterday, TO as
sune ownership Of the word commercial as
applied to publications. Their paper is not
the Commercidt but the, Commercial 4drer-
tiser, and II they want to leave out part of their
name they'll have to leave out the CommerclaL
tions the advertisements OF the association
used to read the morning Advertiser. the sun
day 4ddcertiscr, and tho Commercial 4drer.
ti>er.' In all newspaper directories, too, where
abbreviations are used, you will find the Com:
mcrcial' abbreviated and not the Advert ser,
showing that the first word is used merely as
an adjective.
II have had number of talks and consider
able correspondence with Mr.. Seymour on this
matter. volunteered ogo into a friendly
action with him TO SEQ whether or not had u
right to call my new paper the , Nsio rork Com on;
me that his association was considering the ad.
visibility of dropping the word Adcertiser
from H thSir paper and Just sailing the paper the
I had decided on that name for my paper. 1
Imagine that now that we've taken that name
they are anxious to use it themselves.
,"'rhe right Of our company to use the word
Commercial has not been questioned for l02
yeals and it's a little late in the day for the
Is not our intention to infringe on anybody
else's tights We're not starting out on that
no matter how hard we have to fight.
"Meanncss and spite stick out all oyer this
Proceeding:, Why. It's an actual @ fact that the
Commercial .4drerttScr people tried to induce
the postal authorities to deliver all mail ad-
dressed to the Ne,n York Commercial to them.
all you can announce that the Ner York
Commercial will come out on Monday accord
Ing to our announcements, although for the time
being we may have to go without u name.