The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1904-07-29
Parker and the Box Trust. g..

Notwithstanding the silence of Judge
Parker, seeming to be almost second ma
sme, his decisions speak for him and for
themselves, and he may be tried and
Judged by them as fully as his party
VIII be tried and judged by its silent
platform. One of the unique cases aris-
ing from the daily events of the great
city of New York was that of Robert
%. against the Rochester Folding Box
esmpsny, the plaintiff being a young,
estimable and lovely woman and the de-
Sesdsnt manufacturer of folding boxes,
and using billboards, as well as its
boxes. for advertising purposes. The
Facts of the case are cited in The Green
Bag, legal journal of Boston, in its
ISSUE of March, 1904, the decision hav-
ing been rendered in January-long be-
fore Judge Parker was a presidential
candidate.
The facts alleged and proved in the
trial courts were as follows: The de-
6endant had surreptitiously obtained a
photograph of Miss Robertson, and, hav-
ing had it engraved, used it on their
boxes and billboards absolutely with
sut her knowledge or consent through
out the state of New York, the reproduc-
lions being highly colored and the drap-
cry Of the bust scant. When Miss Rob-
sxtson discovered the use that was be-
ing made of her photograph the ensuing
modification was so great that she was
saken seriously i'll and the employment
and care of physician were necessary.
In The meantime her counsel had notified
Che defendant that it must cease using
Che photograph, and as no attention was
paid to the rightful and reasonable re-
quest an injunction was sued out.
In the supreme court the plaintiff was
granted the relief for which she had
prayed, and damages were given against
The company. In the appellate division of
the supreme court the judgment was af-
Srmed, and then the defendant appealed
10 the court of appeals, of which Judge
Parker was chief justice. The court stood
three to three, but Judge Parker gave
Abe casting vote against the plaintiff, re-
versfng the rightful judgment of the
Hower courts. He held that the photo
graph of the young woman, even though
surreptitiously obtained, was at the SER
rice of the pirating and INSCRIPTIONS
company, using it on boxes or on bill
boards for advertising purposes.
The court further held, Judge Parker
delivering the opinion, that neither the
modification nor the humiliation of the
young woman, nor tie expenditure caus-
ed by her illness, brought on by the pub
Ecity and modification to which she had
been subjected could be considered as fur
Rishing a sufficient cause of action. And
the young woman who had been so cruel
~ outraged was adjudged to pay the
costs The comment of The Green Bag
on the case is as follows:
aThis case has been so widely discuss
I'D that it is not worth while to add to
the literature on the subject. But it.
would seem that, for court of equity
to declare itself unable to give the relief
shat was asked because of 'the Difficult
~ in drawing the line or because some
day it might be asked to enjoin publ
cation in the newspapers of public
mans photograph, indicated a distinctly
Feaetionary policy"
1t indicated much more-it indicated
q distinctly disgraceful judgment in fa-
vor of a pirating company and against
an unoffending, an innocent and help
less woman.