New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-07-28
"TBE GIRL AND THE JUDGE"

Judge Parker is not to be blamed for object
ing to the prosecutions of the snapshot artists
President Roosevelt has never failed to manifest
| his dislike of the camera tends who invaded
his privacy and logged the steps Of himself
and the members of his family. Mr.. Cleveland
in turn, sought to erect a barrier between HIM
self and the merely curious. Any man who be-
comes prominent in public life is subject to this
imposition 1t is natural that Judge Parker
| should grow FESTIVE. Yet. if he has any sense
of humor, he must admit that the young woman
of Rochester whose right of privacy he once
denied Scores handsomely ut this moment
when his fright of privacy becomes so sud
denly precious. Certainly the laugh is on him.
OF the thirteen judges who at various stages
of the case passed on the attempt of the Koch
ester girl To prevent the unauthorized use Of
her portrait for advertising purposes nine were
for giving her protection. 1t happened that
four who denied the existence of any legal right
of privacy made up a majority of the court Of
last conjecture. and Judge Parker was one Of
these four and wrote the deciding opinion. In
spite of the vigorous dissenting opinion Of one
of the ablest of his fellow judges. and the gen
eral feeling that. whatever the law might be-,
justice was on the side OF the young woman,
Judge Parker may still believe that his view of
the law correct, and that any eXploiter of
flour, Whiskcy, soap or cigarettes may with
impunity secure photograph of n modest young
woman which was taken solely for her own
family and make her a public character by
using it to advertise his wares, long as he
does not publish any actually libellous or in
decent representation Of her. Nevertheless, the
judge must heartily wish just now that he had
been able TO take another view and had given
to the young woman the protection which he
now seeks for himself.
Miss Robertson was not the victim Of camera
fends, but it is not clear under the opinion of
Judge Parker that she would have been in any
better position if the advertisement had been
based on a stolen snapshot instead Of upon
stolen photograph made for private circulation.
The point was that she had no property in her
own face, right 10 control the production of
her own portrait. With less right can Judge
Parker complain Of the cameras along the
hedSerows. He is a public man. He has given
his portrait for publication. He has lent him
self TO adorn the Democratic campaign banners
He is asking his fellow citizens to vote for him.
and naturally they want 10 know what man
ner of man he is. If they cannot hear him, they
can at least look nj him. and they want To
know what he looks like when he puts his
hands in his pockets and assumes comfortable
attitudes. Doubtless il would be as pleasant 10
hide these comfortable attitudes as it was pleas
ant TO hide comfortable opinions which were
not suited 10 dress psrade in advance OF the
nomination. But he ems himself 10 have IN
vited the photographers 10 take advantage OF
him and officially Informed them that he had
no legal right of privacy. Perhaps, regardless
Of the fact that this should be "A government
of laws, not of men, as the Democratic plat
forms tell us he may take the law into his own
hands and smash the cameras. But that doesn't
seem just the chivalrous thing 20 do The
young woman OF Rochester could hardly take
such recourse when the protection OF the law
was denied her, and certainly the judge would
rot put a woman at q disadvantage in safe
guarding her modesty and comfort in compari-
son with himself 1t looks like a case Of the
judges own cameras coming home 10 roost and
II he is wise he will Join the rest of the coun-
try IN hearty and good natured laugh at his
own expense. This little comedy of The Girl
and the Judge is amusing and wholesome for
the hot weather