The times. [volume] (Washington [D.C.]) 1897-1901, 1899-01-24
THE u.s.. SUPREME COURT
Victory for the "Autocrat of
the Breakfast Table
COPYRIGHT LAW INVOLVED
New Jersey Murderer Must Hang
Northern Pacific Railroads. fax
missioner OF Patents May BE Re
~crscd by the Court of Appeals.

Oliver Wendell Holmes "Autocrat of the
Breakfast Table" secured victory yes
terday talthough it may be only tempo
raryl ever the autocracy of the Supreme
Court of the United States. An edition of
the book was published by George B.
Hurst and Oliver Wendell Holmes, jr., as
executor for his father the distinguished
author, began a suit for damages under
the copyright law The facts appearing in
the briefs of counsel are that the Auto
Graf first appeared in the Atlantic
Monthly from November. 1857. to Octo
Der 1858. On the I'd of November, 1888,
copyright was issued TO Holmes on the bcok
in its entirety but no effort was made to
copyright the parts as they appeared from
month to month. The lower courts decid-
ed that the publication Of all the parts of
the work separately was publication
within the meaning of the copyright law
Of 1881. in force in 1858. and therefore that
no ground of complaint lay against the de-
PENDANT. Judge Holmes brought the case
to the Supreme Court, and it was recorded
last Thursday just n few minutes before
the hour for adjournment arrived, and Mr..
Rowland Cox. counsel for the Holmes
heirs, began his opening argument, speak
ing about a quarter of an hour.
The next morning when court recon
vened Mr. Andrew GilhooIy, counsel for
Hurst. in answer TO a question. stated that
ne did not desire to address the court
therefore the Chief Justice notified Mr.
Cox and the case was cancelled and he
was shut off from finishing his argument
This was a radical departure from the
practice OF the court and yesterday the
Chief Justice announced that the case had
been restored TO the docket for 'reargu-
ment."
Louis Roesel, convicted of the murder
of James Pitts. farmer in Union county.
\. j.. September .. 1897. must hang unless
the State authorities interfere and prevent
it. His appeal from the judgment of the
Circuit Court for New Jersey denying his
release on a writ of habeas corpus was
thrown out of the Supreme Court yesterday
and the judgment below affirmed
\ bare majority of the court. Justices
Brewer. Shiras, White. and Peckhsm dis
senting. yesterday decided that the North
ern Pacific Railroad Company had tax
able interest in lands included within the
limits of its grant, certified by the Sur
veyor General 10 be agricultural, but not
yet patented TO the railroad company. The
company brought suit in the Federal
courts in Montana TO restrain W. B. Myer,
treasurer of jefferson county. from assess
ing and collecting taxes for 1894 upon
lands in that county and the trial courts
sustained the contention of the company
and granted the writ of inquisition. The
Court OF Appeals for the Ninth Circuit re-
versed that judgment. overturning the
company contention that because the title
to all the lands in the grant does not pass.
the title to none OF it passes. and the Su-
preme Court affirmed this judgment
Regarding the effect of the appointment
of the board by the Interior Department
to segregate the mineral from the nom
mineral lands in the company's grant in
Montana. the court. speaking by Justice
McKenna said that it did not change the
character OF any of the lands it was an ad-
ditional instrumentality in the hands OF
the department 10 reach an earlier decision
than would otherwise he possible as to the
character of the lands.
The court yesterday sustained the valid
ity and cOnstitUtionality of the law max
ing decisions OF the Commissioner of Pat
ents reversible by the Court of Appeals of
the District of Columbia. The Supreme
Court will take a recess from next Monday
until February %. period of three weeks.