The times. [volume] (Washington [D.C.]) 1897-1901, 1901-03-04
IN THE DISTRICT COURTS
A Decision Limiting the Privileges
of congressman.
Chief Justice Binnham's Opinion in
III. GiVen-PaImer Case VI III MOI
ifx the ..LcnNe to Print - queer
Identification of LoEnn scout

ra.rttficntion of Logan scott
A novel and interesting question OF Ia"
y,as recently passed upon by Chief JUS
tice bingham. Of the Supreme Cour' o.
the District. in overruiing the demurrer
a. the declaration In TIN. suit OF Welker
Given against Public Printer Frank w.
Palmer. 20 recover $4,000 claimed as
damages for the alleged violation OF
coovriaht. In his decision Chief Justice
bingham defines the limitations of GER
tain privileges of members of Congress-
and 1t viii probably have the effect OF
modifying certain customs in connection
with the general leave to print law.
The matter came up for hearing on the
demurrer to the declaration filed by the
defendant
The grounds upon which Given bases
his claim for damages are set forth in
substance as follows:
Mr. Palmer is and was in 1895 the Public
Printer. and as such printed and circu-
lated the Congressional Record Mr..
Given is the author of treatises upon
economic subjects, and in 1895 completed
a book upon the tariff. which he entitled
THE Tariff Riddle. At the time Of its
completion the Democratic National
Committee was circulating throughout
the country work of Henry George, en-
titled Protection and Free Trade, which
had been divided into five parts and
printed at the Government Printing Of
fee, purporting TO be the remarks of five
different members of Congress upon the
then pending Tariff bill This printing
at the Government expense was done un-
der the practice Of each house of allow
ing its members under a general leave
TO print to have printed at the Govern
ment Printing Office any matter which
purported to be remarks on the then
pending bills.
The Republicans in Congress question
ed the propriety of the practice, but an
nounced their intention to avail them
selves Of the same privilege in a similar
manner. While the proceedings for copy
right OF Mr.. Givens book We're pending
it was adopted by the Republican Ma
tional Committee as their answer to Henry
Georges work, and a contract made for
fits circulation through the committee
facilities so as to reach wherever that
work had been sent I'm such manner as
would give Mr.. Given an estimated return
Of over $4,000 After the contract was
made and before the National Committee
took charge Of the distribution OF the
book its text in some manner came Into
the possession Of some members Of Con-
gress, and IL was divided in manner
similar TO that of the George work. The
principal part Of the work was placed in
the hands of the Public Printer, purp Jrt-
ing to be the remarks OF Henry Cabot
Lodge, then a member Of the House, on
the then pending Tariff bill.
1t is alleged that no such rem 7rks were
ever made by Mr.. Lodge, and the Print
ing was purely for campaign use and
without regard to Mr.. Given's property
rights in his book. Such fragrant abuse
of copyright occasioned considerable com
Inent in Congress at the time and investi-
eating committees were appointed by
both houses. but the matter was finally
allowed to rest without any action by
Congress thereon. Mr.. Given finally sued
IN the Supreme Court of the District of
Columbia for the sum of $4,000.
The suit is in form against the Public
Printer as the person who printed, circu-
lated. and sold the copyrighted work, but
z s the work was done under the direction
of the House of Representatives any re-
COY cry therein will be assumed By the
Government. il is the duty of the At
torney General and his subordinetes TO
conduct the defence of such cases and
accordingly Thomas =. Anderson the
United States Attorney for the District
% Columbia, entered his appearance on
behalf of the defendant.
Mr.. Anderson HE'D demurrer 10 the
declaration, claiming that as Mr.. Palmer
had acted under the direction OF the
House of Representatives in publishing
remarks OF a member Of the House which
were part OF its proceedings, he came
within the protection Of the parts OF the
Constitution which require each house
TO keep a journal of its proceedings, and
from time 10 time publish the same. and
which release each House and it's mem
Ders from responsibility for any speech
or debate an either house.
J. Walter Wheatley. on behalf Of Mr.
Given, conteuded that the Journal Of the