Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1904-09-14
HIS IDEA OF JUSTICE.
What Was Good Enough for a Young
Lady Not Suited to Parker.

In 1903 Miss Abigail Robinson sued
the Rochester Folding Box Company
for damages for using Autographs of
her photograph as an advertisement
under the caption Flower Of the
Family" The trial court gave her q
verdict and c%njOined further issuance
of the picture. Tho casc was taken
10 the Court of Appeals and the de-
cIsiOn was reversed, three Judges yot.
three 10 reverse. Judge Alton b.
Parker gave the casting vote for re-.
versal and wrote the opinion.
Miss Robertson has now written
Judge Parker. under date of July 20,
retorting upon him for his objection
10 being himself the subject of indis-
criminatc photographing.
After saying that she had read
that Mrs. Parker was Obliged to leave
home Ia avoid the annoyance Of ubl.
quitous photographers. "notwithstand.
ing the warning given by you.' and
quoting him as saying. Il reserve the
right to put my hands in my pockets
and assume comfortable attitudes
without being cycrlastingly afraid
that ! shall be snapped by some fel.
low with a camera" she sarcastically
tells him he has no such right, and
cites his decision in her ase
You referred" she writes. ITO my
cause of action as a 'so-called' right
of privacy, and admitted that such
publicity, which some find agreeable
is TO plaintiff very distasteful, and
that suffered mental distress.
When others would have appreciated
the compliment To their beauty and
in an opinion sixteen pages long you
arrived at the conclusion that | had
no rights that could be protected by
your tribunal.
ITO be perfectly fair TO you |
ought 10 say 10 You expressly except.
ed from the effect of your decision
any publication under similar circum-
stances which was in its nature Ii.
bellous. II necessarily follows, there
fore. when yon now say that you re.
serve the right not 10 be photo.
graphed with your hands In Your peck.
cts or in other comfortable attitudes,
either that you are asserting n right
for yourself and your family which
you are unwilling to accord TO liti.
gants before your court, or else that
,Lerc is something in the attitude
suggested of such a nature that 4 re.
production of II with Photographic
exactness would be necessarily libel
lous. II is not apparent how your
attitude in the likeness suggested
could be libellous, at least not as long
as you keep your hands in your own
pockets.
II am forced To the conclusion that
this incident well illustrates the truth
Of the old saying that il makes n lot
Of difference whose OK is gored. !
sympathize with Mrs. Parker in her
annoyance. but | know of no reason
why you or your family have any
rights of the nature suggested which
do not equally belong 10 me. Indeed,
as between MS, | submit that | was
much more entitled 10 protection than
you.
Il was a poor girl, making my liy.
ing by my daily efforts. and never
llhi tblllNth publlhlNA III any Hlill
ner. | had appeared before
the public In any capacity nor solicit.
ed any favor nj its hands. You. on
the other hand, are a candidate for
the highest Office in the gift Of the
people Of the United States. and that
fact makes you the legitimate center
of public interest. You are asking
the SURFACES of the American public,
and the American public would seem
to have some legitimate right of in.
yestigation. Your candidacy Is some
thing more than merely voluntary,
and 1t may fairly be said that You
have invited the curiosity which we
have both found 10 he somewhat an.
moving.
Il sincerely hope that IL You SUI.
fer annoyance of this kind in some
locality where your decision is not
controlling YOU may be granted the
relief which you denied me-