davidaulloa/AmericanStories huggingface dataset:
Omaha daily bee., 1902-07-09
THE RIGHT OF PRIVACY.
Doctrine turned Down by = Divided
New York Court.
Chicago Tribune.

Chicago Tribune.
Last year a handsome young woman llv-
Ing in Rochester, N. Y. applied for an in
junction to restrain certain manufacturers
from using her picture in their advertise
ments. The Justice OF the supreme court
before whom suit was brought held that
there Ia a right Of privacy" which had
been violated and granted the Injunction.
He said a woman beauty was her inviolste
property and not public material for ad-
vertisers.
The opinion OF the Justice was COM
mented on by the law magazines, some OF
which took exception to the doctrine OF a
right Of privacy" The views OF the jus-
tice were concurred in by Ave justices Of
the appellate court, but the court OF APP
peals, by a vote Of four to three, has re-
versed the lower courts. 1t says:
A examination OF the authorities leads
us to the conclusion that the so-called
right Of privacy has not as yet found an
abiding place In our Jurisprudence, and,
as we view 1t, the doctrine cannot now be
incorporated without doing violence to set
tied principles Of law by which the profess
sion and the public have long been guided:''
The court argues that IL the existence
OF a vast, underlined right OF privacy" be
granted, not merely the publication OF a
picture can be enjoined but any MENTION
OF an Individual In a newspaper or else
where. The neighbors Of a person who
does not wish TO be written or spoken about
may be enjoined from writing or speaking
about him.
The decision Of the court is that the
young woman from Rochester cannot have
an injunction and must resort to some other
remedy. She can bring a libel suit and seek
to recover DAMAGES. After long litigation
she may get a verdict which Will pay her
lawyers bills in whole or part. The remedy
is inadequate.
II all the court OF appeals says as 10 the
danger of the admission OF the existence of
an unlimited, ~unconhned right OF privacy
is true 1t is possible for a lawmaking body
to define that right and confne IL within
reasonable limits. There may be persons
who have so exalted an idea Of the fright
Of privacy" as to feel aggrieved whenever
public mention is made Of their frivolous
or serious doings without their consent.
There is no reason why a law should be
enacted to enable them to demand writs of
injunction. The handsome, modest and re-
firing young woman who finds her features
paraded on -four sacks or cigarette wrappers
Is entitled to a more effective remedy Than
the one the New York court Of appeals says
she can resort to. Laws can easily be en-
acted forbidding the misuse Of a PERSONS
features the Rochester young woman COM
plains OF.
The right Of privacy" is debatable
ground. Judges disagree concerning Il. 1t
Will be a long time before It is authorita-
lively determined whether there is such a
legal right and If so what are its bounda-
ries,
Omaha daily bee., 1902-07-09
RUBAIYAT OF A. LAzYMAK.
w. d. Nesbit.

wakei For the sun has scattered into
flight
The stars that necked the freckle-face OF
night,
And incense-breathing morn is here again.
Yet, oh, to sleep some more is my delight
The loud alarum rings above my head
And thrills the atmosphere about my bed.
All, had l but the making of all things,
Ere yet the man had made II he were deadt
"AriseI The health-food on the table
A voice adown the hallway rends my
dreams,
And through the easement float the
sounds of feet
or men who hurry on to work their
schemes.
Outside I hear my neighbours growing pup,
Below there Is the clink of dish and cup
All, what a sorry scheme of life IL is
That all things thus conspire to wake me
up!
Methinks the Seven sleepers, when airs
Were men who to the Joys of sleep were
Who knew the gracious pillow at its best,
And loved the Turing ease OF morning bed.
And when the last awak'ner slow shah
creep
To rouse the slumb'ring ones on land and
May he have feeling for my morning nap,
And say: How he enjoys 1t! Let him
sleep!"
Omaha daily bee., 1902-07-09
MaIevoIent Gossip shut on.
PHILADELPHIA Record

P~hiIadeIphia Record.
Now that King Edwards physicians have
pronounced their patient to be out Of dan
ger the traders in unfounded rumors con-
corning his majesty's health may be obliged
to shut off the current of their malevolent
gossip. AS long as lying pays there will be
found persons mean enough to circulate
presentations regardless Of the pain they
give to those near to the subject of their
base destinations An affirmation by the
greatest medical authorities in England Of
King Edwards assured recovery should.
however, reduce the price of their inven-
ions to a point which would make the
game of the sensationallsts not worth the
candle.
Omaha daily bee., 1902-07-09
The Marriage of the Leaves.

You will ind that, in fact, all plants are
composed of essentially two parasitic leaf
and root-one loving the light, the other
darkness; one liking to be clean, the other
dirty; one liking to grow for the most part
up, the other for the most part down, and
each having faculties and purposes Of It's
own, But the pure one, which loves the
light, has, above all thingk, the purpose Of
being married to another leaf and having
child leaves, and children's children Of
leaves, to make the earth fair forever. And
when the leaves marry they put on we'd
ding robes, and are more gorgeous than
Solomon in all his glory, and they have
feasts Of honey, and we call them Flow
erg.b
Omaha daily bee., 1902-07-09

The announcement is made that the
fusion state committees will meet next
week TO select IA working chairman"
The chairman viii have to work over
time through more than one campaign
II he expects TO keep the fusion candi-
dates cut from under the landslide.
Omaha daily bee., 1902-07-09
Hone Renered and Refre.hed.
PHILADELPHIA North American.

Philadelphia North American.
One ray Of light pierces the lowering
clouds of trust domination. Mr.. Morgan
has denounced poker as a dishonest and
wholly undesirable institution, So we need
not fear a poker trust, anyway. No one
could derive any enjoyment from a game
when he was haunted by the fear that at
any time his modest stacks Of chips might
be swept into the rapacious NAV Of the
poker octopus. II Mr.. Morgan would only
disclaim any intention of absorbing the
ping pong interests the nation would a
another long breath and press onward with
renewed hope.
Omaha daily bee., 1902-07-09

1t is a cold day when the deputy
States marshals cannot find a
few bootleggers selling hrewater to In
dams on the reservation to make a show
of keeping themselves busy and piling
up mileage charges against Uncle Sam.
Without this business the railroad be-
Omaha and the reservation might
have to go back to twice-a-week trains.
Omaha daily bee., 1902-07-09

bureau officials have all along them
selves made the railroad assessment and
had 1t o. KID by subservient assessment
boards, both republican and popocratic.
If 1t were true that the railroads have
been o%vertaxed the blame will be
traced right back to the tax bureau.
AS a matter of fact, however, the bunco
game is intended to fool only the people
and not the railroad managers.
Omaha daily bee., 1902-07-09
Footing the Bill of Folly.
Chicago Inter-Ocenn

Long before China wipes out the prin-
cipal Of the indemnity of $50 ,00o, 900 taels,
upon which $s,O1S, 900 of interest has re-
Gently fallen due, she will realize that It
would have been much cheaper to have
boxed the Boxers in the early stages Of
their frenzy.
Omaha daily bee., 1902-07-09

]. Pierpont Morgan is said to have
put his tine in Berlin entirely at in
speeding museums and looking over pal
aces. Our German friends may make
ready for a proposition to syndicate
their public buildings and contents and
manage them through a trust.
Omaha daily bee., 1902-07-09

Senator Beveridge volunteers to re-
lieve the political atmosphere by in
forming the public that he is not a can
didate for the vice presidency on the
republican ticket of 1904. 1t is to be
presumed that Senator Bailey will feel
better at his assurance that the SEN
ator from Indiana will not seek promo
ton to the position Of presiding officer
of the upper house.
Omaha daily bee., 1902-07-09

Coronation in August would bring the
event right into the most uncomfortable
part of the London summer season.
The only object in having it at that
time would be TO hold the visitors from
foreign countries, who would hardly be
expected TO return in such numbers at
a later date. But then n must make
hay while the sun shines.
Omaha daily bee., 1902-07-09

Hogs have made another topnotch
price on the South Omaha market. 1t
will take a plausible talker to make the
farmers believe that they are not shar-
ing in the prosperity that has %enveloped
the country since republican policies
were restored in the nation.
Omaha daily bee., 1902-07-09
Elements of Fame.

New York Tribune.
Here is a definition Of fame given by ex-
Speaker Reed at the Bowdoin commence
ment dinner: Fame" said he, lis largely
a matter OF accident Being In the right
place at the right time, and doing the right
thing, or, better still, making people think
you are doing the right thing, is about all
there is to fame" This definition gains
much in effectiveness when fame is pro-
nounced with the e~x-speaker's we'll known
draUl-
Omaha daily bee., 1902-07-09

President Gompers Of the National
Federation Of Labor satisfied himself of
one thing while in Omaha-that Omaha
has as intelligent a body of wage work
ers as are to be found anywhere in the
United States.
Omaha daily bee., 1902-07-09

The reelection OF Mr.. Pearse as SUI
perintendent Of schools should be fol-
lowed by a reconsideration Of the
proposition for another teachers lecture
course next year. The teachers will
not dare go against it again when
brought Il another vote.
Omaha daily bee., 1902-07-09

Corn is also making a try for high
water mark, but the ehapees are that
the price cannot stay up. As soon as
the cornhelds of Nebraska. Iowa and
Kansas give assurance Of the golden
harvest the quotations viii settle down
to . point hxed by the normal supply,
Omaha daily bee., 1902-07-09

Oklahoma is making a serious mis-
take In trying to get notoriety through
stories Of menacing volcanoes at a time
when it is knocking at the door for ad-
mission into the union a a state. The
volcano route to statehood has not yet
become popular.
Omaha daily bee., 1902-07-09

II they are not careful the railroad
tax bureaucrats will prove too much.
They are st%renuously exerting them
selves to show hat the railroads of
Nebraska are iagrantly overtaxed. not
Uithstanding The tact that the tax
Omaha daily bee., 1902-07-09

subserviency Of the present board to the
combine Of salaried employees. They
will continue their efforts until the man
agement Of the schools is placed in the
hands Of educators Of standing and real
ability.
Omaha daily bee., 1902-07-09

Too bad the law does not permit
members OF the Board of Education to
distribute the election Of officers and
employees SO that they might have a
free lunch after each meeting.
Omaha daily bee., 1902-07-09
No Return ON Investment.
Chicago Reeord-Herald.

It seems that most Of the cities Of Ohio
have been governed contrary to the provis-
ions Of the constitution during the past ten
or fifteen years. 1t isn't likely, however,
that the people will be able to get back
any Of the money paid out to the ONCE
holders.
Omaha daily bee., 1902-07-09

When inclined to become restless
under the recent rains, just recall the
~protracted heat and drOuth that we
were suffering during the month of July
OF last year.
Omaha daily bee., 1902-07-09
FLASHES OF FUN,

boys! Can't we arbitrate this thingg?S'i
asked one Of the bystanders.
on top. lust as soon as I've BACKED his
Cleveland Plain Dealer: do you believe
You bet I do. One was blown OFF a
building in that last high gale and knocked
me half across the street"
somervIlle Journal: A girl can never be
really sure of a young man unless She feels
confident of her ability to continue to keep
him guessing.
Philadelphia Press: Goodman-You cer-
tainly. were disgracefully drunk last night.
Hsrdkase-was 7? Wen, It's pretty Hard
to DO that sort OF thing gracefully.
Washington Star: What is the distinc-
tio "a Re eoiitiela a PEol ansHere and s e ssfGrp serr.
hum, us a man who is frank enough to
confess hat he is running for office. A re-
former wants to make people believe that
the Office is running after him"
Yonkers Statesman: Church-what on
for?
Gotham-That's to call a meeting to-
what sort of meeting?'
Meeting of the Society for the Proven
ton OF Unnecessary Noises"
Philadelphia Record: Mr.. Goodman-I
understand you were at the prize light last
night. I'm surprised to hear of you attend
ing such a disgraceful affair.
Sportyboy-It was disgraceful. sure
enough. Why, neither one of those big
dubs could hit hard enough to dent butter.
Detroit Free Press: Edgar-well, Ethel,
what did you find at that wonderful fire
sale?
Ethel-Oh, Edgar. I got some lovely silk
stockings at II cents a pair! There Is not
a thing the matter with them, except the
feet are burned off.
Omaha daily bee., 1902-07-09
Labor GETS a Dividend.

No wonder the United States Steel Cor
p~oration voluntarily increased the wages Of
It's employees. Its quarterly statement shows
earnings Of nearly $40, 900, 900, an increase
Of over I'll, OOO,O 900, as compared with the
same quarter last year.
Omaha daily bee., 1902-07-09
HaiIstorms OutcIassed.

st. Louis Globe-Democrat.
g., There has been in Nebraska a fall OF
pieces Of ice so large that they are pro-
nounced unworthy Of the name OF hall
stones" But is It to be inferred that they
were bigger than the eggs Of the great aux?
Omaha daily bee., 1902-07-09

According to the calendar, the Par
isian fetes next week concentrating
the storming of the Bastile offer the
next outlet for patriotic ebullition.
Omaha daily bee., 1902-07-09
Cnuse for ThankfuIness.

Detroit Free Press.
OF 22,O22 bills and joint resolutions In
troduced at the recent session OF congress-
1903 were passed. The country owes a
great deal to a congress that did not pass
the other e 1919,
Omaha daily bee., 1902-07-09

It turns out that Iowa beats all the
states In the number of rural free de-
livery routes 1t has corralled. Iowa
takes a back seat for none.
Omaha daily bee., 1902-07-09

The Civic Federation will try again to
see II It can devise a plan for settling
the miners strike. Persistence may yet
find the way.
Omaha daily bee., 1902-07-09

King Ak-Sar-Ben to President Roose-
welt: Come to my coronation and 1 will
guarantee you n of the best enter
tainments ever set before you.
Omaha daily bee., 1902-07-09

Notice to visiting base ball players:
Keep at a safe distance from the umpire
when ~cavorting on the Omaha diamond.
Omaha daily bee., 1902-07-09

Governor Savage should hurry home
to pour oil on the troubled waters of his
oil inspection brigade.
Omaha daily bee., 1902-07-09

The summary of rural free mail de-
livery compiled by the postal authori'
ties discloses a remarkable expansion of
that branch Of the postoffice. Although
the first experiments were made less
than six years ago, 9,461 rural mail
routes are now in operation, supplying
mail daily to the people residing in
the adjacent vicinity. If each of these
routes accommodated only 100 families
it would mean nearly 100000 families
brought into direct contact with the
business world by mail facilities and
FIVE or six times that number Of indi-
viduaI persons. The time will come
when the farmer will feel lost without
his daily mail service just as much as
the city business man.
Omaha daily bee., 1902-07-09

The Bee has always conceded that
Superintendent Pearse ranked far
higher as a political wire puller than
as an educator,
Omaha daily bee., 1902-07-09

Nebraska soil can take more rain and
more sun without evil effects than that
of any other state.
Omaha daily bee., 1902-07-09
srArrMrNr or CIRcr11AT1oN.

oA<AA EhnNNA VI
George b. TEschuck, secretary of The Bee
Publishing Company, being duly. sworn,
says that the actual number of full and
complete copies Of The Daily, Morning,
Evening and Sunday Bee printed during
the month of June, 1902, was as follows:
Omaha daily bee., 1902-07-09

"See to II that champerty be made an in
dictable ~offense, as 1t was at the common
law. Do not listen to the fallacy that the
rights of the poor man must be looked to.
1t is the lawyers pocket, and not the poor
mans rights, that forms the keynote OF
that argument. 1t is the lawyers duty as
we'll as the Doctors to work without pay
when occasion demands, and under our
statute a poor man has the right to pros
ecute or defend without cost, II he will
make known his necessity to the court.
In forty-fve years Of practice ! have done
more work without pay than I have with,
insofar as money is concerned. But I have
been we'll paid, although l have found no
difficulty in living up to my income and be-
yond 1t. It is not, however, SO much be-
cause Of the poverty OF the sutton that liti-
cation is multiplied. The wealthy have
fallen into the habit OF bargaining and
holding out temptation to the weak. That
is a mild term for It; most lawyers are
up with their environment, some get be-
yond or above It. I have always believed
that laws were made, not to enrich law-
yers, but to assist in the attainment Of
Justice between man and man. So far In
life 1 have had no experience to change my
view, but, on the contrary, my experience
has confirmed me in my belief. Therefore,
/ say that a law against champerty will
diminish litigation and give a healthier
moral tone TO lawyer and layman. Bear
the suggestion in mind and when candidates
sprout again for legislative honors and
emoluments, deny them your support
unless they pledge themselves TO the re-
formation"
Omaha daily bee., 1902-07-09

TERMS OF SUBSCRIPTION.
Daily Bee without S1nday), One Years o
Daily Bee and Sunday, One Year,. so
Illustrated Bee, One ear................ z.Vy
Sunday Bee, One 2.g
Saturday Bee, One Year.:................ 1.5Q
Twentieth Century Farmer, One Year. l.W
DELIVERED BY CARRIER.
Daily Bee without Sunday, per copy.....Sc
Daily Bee without Sunday, per week. lie
Daily Bee Including Sunday, per week. nc
Evening Bee without Sunday, per week .lUc
Evening Bee Qncluding sunday per-
week ~
. Complaints Of Irregularities In delivery
should be addressed to City Circu!9uoh
Department
O~maha-The Bee Building.
South O~maha-City Hail Building, TWEEN"
ty-6fth and NJ Streets.
Council Bluffs-l0 Pearl Street.
Chicago-1640 Unity Building.
New 1ork-Temple Court
Washington-50l Fourteenth street.
CORRESPONDENCE.
Communications relating to news ana
editorial matter should be aodresseo'
Omaha Bee, Editorial Department.
BUSINESS LETTERS.
Business letters and remittances should
be addressed: The Bee publishing Com-
pany, Omaha.
REMITTANCEs.
Remit by draft express. or postal ORDER
payable 10 The Bee publishing Company.
only 2-cent stamps accepted in payment OF
mail accounts. Personal checks, except on
Omaha or eastern exchanges, not accepted
THE BEE PUBLISHING COMPANY.
Omaha daily bee., 1902-07-09

lone of the chief elements that moves
the bringing of libel suits is the alb
sence of the law against champerty. Cut
of the business OF contingent fees and
you will save taxes, clerk hire. lawsuits
and convert the ONCE Of judge quite into
a sinecure. We all have real grievances
enough TO wrangle over without setting
up figures OF Imagination over which we
may get by the ears. The existence Of
such a provision in the law az II did not
entirely stop, not only unmeritorious libel
suits, but all other speculative litigation)
would decrease litigation one-half. Keep
gambling where 1t belongs, in the stock
exchange and other places OF less preten-
ton, but quite as much merit. But in the
name Of justice and the welfare OF hui
manity, keep speculation altogether out
Of the courts. 1t is difficult to talk within
ones experience and be impersonal. l
have been engaged in the successful de-
Tense Of forty libel suits at least In the
last twenty years. And IL has taken the
creatures Of whom l have been speaking
twenty years to learn that one paper at
least had thousands for defense, but not
one cent for tribute. When the paper
was wrong 1t was always willing to make
apologies and amends; any man OF honor
will accept the apology for an uninten-
tional wrong. But II he is a b~lackguard
and insists upon a hght-well, self-defense
is a right recognized by the law as in
herent in every man, and only one course
is left-a fight without gloves to a finish.
Compromise is the honorable editors I'M
doing; when he is wrong let him say so,
like a man; when he is right, let him stay
with it.
Omaha daily bee., 1902-07-09
NEWSPAPERS AND LIBEL LAWS.
Grafters in Legal Profession Excori-
ated I'm a Lawyers Address.

Judge Lewis r. France Of Denver.
"Champerty is defined to be a bargain
with a plaintiff or defendant in a suit for
a portion OF the land or other matter sued
for, in case OF a successful termination. A
common instance Of champerty Is when an
attorney agrees with a client to collect BY
suit a particular claim, or claims in gem
eral. receiving a certain portion OF the
money collected. This was an indictable
onense at the common law. But the FIRST
legislature Of the territory. in its-wisdom,
IL you please-cut out the provision with its
penalties. and thus threw open the door for
the prostitution OF a profession designed
by honest men to adjust, rather than in
vite differences between man and man.
The omission Of such a provision in the
law or any state will do more. and has
done more, to degrade the profession OF the
law than any other influence. And in the
commercial spirit of the ago Ia gentle title
for the, demon of avarice), even the courts
have become contaminated with the curse
and are growing further and further away.
1t would seem, from the old. exalted ethics
that would have demanded the disbar-
ment Of a lawyer who SO FAR forgot his
duty as to enter into such bargains; a
duty that he owes to the court and his
profession; a duty that he owes to him
self, and a still higher duty that he owes
to his fellow citizens; a duty that is no
less binding today than 1t was centuries
ago.
Omaha daily bee., 1902-07-09

Somerville Journal: A girl can never be
really sure of a young man unless She feels
confident of her ability to continue to keep
him guessing.
Omaha daily bee., 1902-07-09

Philadelphia Press: Goodman-You cer-
tatnly were disgracefully drunk, last night.
Hardkase-Was I? We'll, It's pretty hard
to do that sort of thing gracefully.
Omaha daily bee., 1902-07-09

Cleveland Plain Dealer: do you believe
In signs?"
You bet l do. One was blown off n
building in that last high gale and Knocked
me half across the street"
Omaha daily bee., 1902-07-09

New York is a city OF contrasts. You
can leave the marble and stone palaces
Of Wall street and lower Broadway, where
millions are heaped upon millions, and in
a few minutes stand amid the squalid tene-
ments of the lower East side. 1t is but a
step from the fashionable parade OF Fifth
avenue to the holy calm of st. Patrick's
cathedral-one step over q Threshold and
the world is gone.