The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1904-07-27
LEADER MURPHY CALLS
ON CANDIDATE PARKER

one Of the defendants dealt; that the
nkenesses were posted cOnspicuously in
stores, warehouses, saloons, and other
public places, and had been recognized
by my friends and others; that my good
name had been attacked. / desired an
injunction against the defendants re-
straiuiug the further use thereof
History of Case.
1.-THE question arose upon demurrer,
and the special term held that the com
plant entitled me 10 relief. The ap-
peals division Of the fourth department
unanimously affirmed the declslol. and
upon the appeal t. the court of appeals
this latter court was divided, three OF
the judges deciding with you that the
facts admitted furnished no ground for
relief and three dissenting.
You referred 10 my cause Of action
a. 'so-called' right Of privacy. and ad-
mitted that such publicity. which some
ind agreeable is ~ plaintiff very dis
tasteful, and that | suffered mental dis
tress. when others would have appre-
ciated the compliment 10 thelf beauty
and in an opinion sixteen I1ges long
you arrive Al the cJucluSiul- that I mad
no rights That could bc projected ly
yOuT tribunal.
ITO be perfectly fair 10 You. I ought
70 say that YOU expressly excepted from
/ the effect Of your decision any Uublica-
ton under similar circumstances Which
was IN its nature lb"l1us. II neCcssar-
lily follows, therefore, when YOU now
sag that You reserve tha right uCt to
I be photographed with your hands il
your pockets or IN other comfortable at
I utudes, either that you are asserting a
right Tor Yourself and your family winch
you are unwilling TO accord 20 litigauts
before your court OF else that there is
something in the attitude suggested OF
such a nature that reproduction Of II
win Photographic eXactneSS would be
necessarily AbelOus. II IS not apDa rent
how your likeness in the attitude sug-
geSted could be libelous. 1t least not as
/ long as you kept your hands in FOUR
own pockets.
Striking Contrast.
i am forced 10 the conclusion that
this incident we'll illustrates the truth
/ Of the old saying that it makes lot OF
/ difference whose OK is gOred. / sympa-
/ thlze with Mrs. Parker in her annoy
ance, but l 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 us,
( ! submit that ! was much more entitled
J 10 protection than you.
| Il was a poor girl making my living
/ by daily efforts and never had courtcd
/ publicity in any manner l had never
! appeared before the public in any ca
: pdcity nor solicited any favor al It's
/ hands You, on the other hand, are q
/ 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 suffrage of the
. American public and the American pub
lic would seem 10 have some Legitimate
/ right OF investigation. Your candidacy
. IS something more than merely vOluu-
/ tary, and il may fairly be said that
. YOU have invited the curiosity which
We have both found to be somewhat an
moving
To this extent, at least. it would seem
10 me that the right which you denied
4 ne, but which you now assert for your
self, was strOngc, il my case than H
yours"