The Daytona gazette=news. (Daytona, Fla.) 1901-1922, 1904-09-03
SHE CALLS JUDGE PARKER DOWN
Miss Abigail Roberts0a Rosurrocts q
Decisloa Of Ills While On tie
Beach Against Her.

The Republicans have found the
public career and judicial record of
Judge Alton B. Parker without .
blemish and invulnerable to attack,
but it remains for woman to resur-
rect, review and shatter the spotles
reputation of the Democratic caudi-
date for president.
Judge Parker was recently quoted
as saying that he did not propose to
be photographed by snapshot men.
and that he was entitled to freedom
from such attentions.
This statement brought to Judge
Parker an interesting letter from
Miss Abigail Robertson, of Roches-
ter, n. Y, Several years Miss Rob-
ertson brought suit against milling
company for damages for publishing
her likeness on one of their adver-
tisements, Her prayer for relief was
denied by the court of appeals, of
which Judge Parker was chief Judge
at that time.
A Chicago Tribune correspondent
saws: Miss Robertson quotes his
statement that promiscuous photo
graphing of himself and family
must stop because, as he said I re-
serve the right to put my hands in
my pockets and assume comfortable
attitudes without being everlastingly
afraid that | shall be snapped by
some fellow with camera
Commenting on this, she says
/ take this opportunity to remind
you that you have no such right az
that which lou assert. | have high
authority for my statement, being
nothing less than decision of the
court of appeals of this state, where
in you wrote the prevailing opinion.
The action was one in which | was
the plaintiff You may recollect that
the facts in that case were undis-
puted, and that it was admitted that
the defendants, without my knowl-
edge or consent, and knowing that
they had no light or authority 50 to
do, had secured my photograph, and,
having caused it to be enlarged and
Autographed in-life size, had circu-
lated about $4,000 copies thereof as
an advertisement of the commodi-
ties irVhich one of the defendants
dealt.
Miss Robertson continues her
epistle in this way: You referred to
my cause of action as 'so-called'
right of privacy, and admitted that
such publicity which some find
agreeable Is to plaintiff distaste-
full, and that | suffered mental dis
tress, when others would have appre-
ciated the compliment to their beau
ty, and IN an opinion sixteen pages
long you arrived at the conclusion
that | had no rights that could be
protected by your tribunal. To be
perfectly fair to you, ought to say
that you expressly excepted from the
effect of your decision any publica-
ton under similar circumstances
which was IN its nature Gbelous. 1t
necessarily follows, therefore, when
you now say you reserve the right
not to be photographed with your
hands in your pockets or in other
comfortable attitudes. either that you
are asserting right for yourself and
your family which you are unwilling
to accord to litigants before your
court, or else that there is something
in the attitude suggested of such a
nature that reproduction of it with
Photographic exactness would be
, necessarily hbelous Your likeness
, in the attitude suggested could not
be hbelous as long as you kept your
hands in your own pockets