The times., 1901-06-15
LATE LEGAL DECISIONS.

A new and important decision IN the law
Of copyright. holding that the owner OF a
copyrighted story does not necessarily lose
his copyright because a person TO whom
he licensed the story printed the same
without any notice OF copyright. was rem
dered on June 4 last for the first time
either in the United States or England BY
Judge Kohlsaat of the United States Cir
cult Court of Illinois in the case OF the
I American Press Association VS.. Daily
story Publishing Company.
| The question arose on the following
facts; The Daily Story Publishing Com
Pany was the owner OF a copyrighted
story. For consideration IL licensed the
st. Louis GlObe-Democrat" TO publish
said story in certain manner, at a GER
tain time, and within certain territory,
upon the express condition that said st
Louis Globe-Democrat'' would print there
| with, in compliance with the statutes OF
the United States. the following copyright
| notice: Copyright, 1899, by Daily Story
Fubhshing Company with which condi-
! ton the st Louis Globe-Democrat' ex-
pressly agreed 10 comply
| subsequently the said "Globe-Democrat'
Puohsned the said story without the said
copyright notice, without the knowledge
consent, or acquiesceEce of the Daity
story Publishing Company, ana therefore,
without enquiry at any source, the Amer
| ican Press Association copied said story
| and sold the same TO as s1lbscribaTs ~
duplicate form. Upon tae DISCOVERY ~
| the Daily Story Publishing Company Of
the action Of the Globe Democrat and
OF the use OF the copyrighted story by the
american Press Associations customers
| the DAILY story Publ hing Company pro-
! t'sted 70 the '1lobe-DemOcTat," and noti-
| Htd various OF the American Press As
| Sociation customers Of the rights Of the
I Daliy story Publishing Company in said
/ copyfIshted story, and threatened suits
! against such customers unless they maid
/ To the Daily Story Publishing COMPANY A
iaIf dno reasonable compensation for the
Use OF sucn copyrighted story. The Amer.
/ lcah Press association then filed a bill
SEEKING an injunction prohibiting the
i1ally story Publishing Company from
threatfhlng the custom ners OF the Amer
le@fi= Press Association or bringing suit
against tie same the ground OF which re-
iieL was based upon the alleged forfeiture
I OF the Daily Story Publishing Compt.ny's
rights IN said copyrighted story by rea-
Son oi the action of the st. Louis Globe
Upon the foregoing facts Judge Kohl
saat held that the Daily Story Furnishing
company old not lose its copyright in
sald story oy reason Of the omission OF
the NOTICE Of copyright By the st Louis
Glooe-DemOcrats that the rights of the
American Press Association do not exceed
( those which il would have possessed had
the Giohe-Democrat' pirated the said
story and published the same without the
consent OF the Daily Story Publishing
Company; that in publishing the story
the "Globe-DemOcrat was in no sense
the agent OF the Daily Story Publishing
company: that the ordinary principles OF
law touching agency apply, and that IN
der these rules the action of the Globe
Democrat in the premises could not be
held to be binding upon the defendant
The effect of this decision VIII be to re-
qulre newspapers and all other pubtica-
tions which cop=- stories on which no no.
tices OF copyright appears to ascertain in
every instance. before publication
whether said stories have been actually
woman cannot obtain divorce from
her husband in one State, marry again.
and then after her former husbands
death in another State in order TO ac-
Guire possession Of his property, ask to
have the divorce declared invalid in the
second State, according to the New York
Supreme Court, appellate division, in the
case of Swale's estate 40 n. Y. Supp,
POO. In this case husband and wife lived
together in New York for many years.
when a separation took place and the
wife went to Illinois and secured a di-
vorce from her husband in that State on
grounds and in a manner not recognized
in New York.
Some time after the divorce was OBJ
tanned she married again and lived in New
Ork with her second husband by whom
she has daughter about twelve years
of age. Subsequently her divorced hus-
band died intestate in New York State,
leaving both real and personal property.
Letters of administration were granted
10 his brother. but on her petition the
court revoked these letters and granted
the same to her on the ground that her
divorce in Illinois could not be recognized
as valid IN New York, and that she was
therefore the legal widow of her first
husband.
on appeal ne Supreme Court, appellate
reversed the judgment of the
lower court and held that she could not
question the validity of her decree of di-
since she had invoked the Jurisdiction of
that court and submitted herself thereto
she could not thereafter be heard TO ques-
ton such Jurisdiction.
Having made this election said the
court, and secured to herself all the ben
efits that were obtainable therefrOm, il
would seem like travesty of justice TO
permit her now to repudiate the same
and by impeaching the validity of the de-
cree under which she has lived for
eighteen years TO administer and appro-
pirate the personal estate OF a man from
whom for that period of time she had
proclaimed to the world that she was alb
divorced"
In a proceeding to recover a penalty for
the violation of a statute to prevent the
adulteration of milk the Supreme Court
of New Jersey holds, in the case of Van
degrif VS.. Mishla (49 All. Rep, 16), that it
is not necessary to show the particular
ia which the analysis was con-
Quoted. All that il is necessary TO allege
or to prove is that the milk contained
more than IS per centum of watery fluids,
Jr less than i per ceutum of milk solids
a cOlored girl in Mississippi was award
ID $3.50 damages against railroad COM
oany because the agent OF the company
refused to sell her a ticket and drove her
rom the waiting room with a revolver.
Ward VS.. Yazoo, VI. & c. r r. Co., y
So. Rep, S29.)
A contract with building and loan as
ociation, regarding a fixed monthly pay
nent of dues, and a monthly payment of
interest and a certain premium, aggre-
ating an amount greater than the legal
ate OF interest, is held to be usuriOus by
he Supreme Court of Mississippi. in the
aSe of the Southern Home Building and
.oan Association VS.. Tony (29 Miss, S25),
he premium being merely additional in
crest
An agreement between several independ-
Mt concerns, each publishing a newspaper
nd furnishing thereby means for adver-
sing, to compel a fourth person engaged
! like business to reduce his rates for
dvertising or lose customers, indicates a
laliciouS purpose to iSjGTe the business
{ the latter. according to the Supreme
ourt of Wisconsin in the case of State
S. Huegin $50 n. w. Rep, 1870.