The Washington herald., 1908-06-02

The Supreme Court yesterday decided
the case Of Henry Clay Pierce, President
OF the Waters-Pierce OIL Company. who
was arrested In st. Louis and ordered ex-
tradlted to Texas for trial on a charge Of
false swearing. that that corporation was
not member Of any combination for
fixing the price or output OF oil in that
State.
The court affirmed the Judgment Of the
lower court denying Pierce his release
on habeEs corpus, which, in effect. or
GERS his transfer to Texas for trial
Pierce was indicted as a result OF the
campaign against Senator Bailey. which
b,ought out the fact that the Waters
Pierce Company, az the time he made the
affidavit that II was not In any such COM
binatlon, was an ally OF the Standard
OH Company on his arrest at ST. Louis
Pierce resisted extradition, but Gov. Folk
granted permission for his removal and
ne was remanded 70 the custody OF the
chief Of police, 20 await the arrival Of
officials from Texas.
applies tor Release.
Pierce then applied TO the Federal court
for release on writ Of habeas corpus.
claiming the indictment OF the Texas
court stated no crime. and that even II
It did, prosecution was barred by the
Texas statute Of limitations. The court
denied the petition. holding the indict-
ment did contain the substance Of a
cri-oc and rhof og thc tt,-,o $500. ,+o..,.,
Of limitations did not run during the
period that Pierce was out Of the State Of
Texas. the crime fell within the limit.
The Supreme Court affirmed the judg-
ment OF the lower court. that the indict-
ment sufficiently showed the commission
OF crime TO warrant his removal to
Texas for trial, but. anyhow, If it were
found defective or otherwise insufficient.
that matter could be remedled in the trial
court
The opinion delivered BY Justice Moody.
was by unanimous bench
Two cases involving the validity Of the
proceedings under which the Waters
Pierce Company was ousted from Texas
are pending in the supreme Court.
Copyright infringement.
That there is no remedy at common law
for dam ges sustained through infringe
ment Of copyright was a principle laid
down BY the Supreme Court yesterday in
an appeal prosecuted by the Globe News
paper Company against George II. Wal
lIer & Co.. both OF Boston
The Globe used in one Of It's regular
editions a map Of electric railways in
Massachusetts in the report OF the State
railway commission. but previously copy
r!ghted by the Walker Company. and
the latter. finding inadequate the rem
edy provided by the copyright law-one-
half OF the penalty Of 81 for each COPY
or the paper found in the possession OF
the infringer-brought an action az law
The suit was dismissed by the Circuit
Court, but the Court Of Appeals. sustain
ing the contention OF the Walkers. or
dered judgment for $50
That judgment is reversed by the Su-
preme Court. which directed the dismiss
sal OF the suit on the ground that as
the copyright statute provided q rem
edy. resort could not be had 10 common
law for damages through infringement
The attempt Of the American Publish
ers Association 10 use the copyright law
Tor maintaining the prices IL fixed on
copyright novels was rejected by the SUI
preme Court In three cases brought by
the Scribners and the Bobbs-Merril Com
pany. who sought 10 enjoin r. H. Macy
& CO. from selling such books at cut
prices.
In the BObbs-NIerrfl case the test case
was brought on Halle Erminie Rives'
book, The Castaways." for which the
fixed price was 81. but which Macy sold
for 50 cents. The two Scribner cases were
based on HOpkinson Smiths novel. col.
Carriers Christmas" and tnirty-six other
copyrighted books, which were sold at n
variety Of prices lower than those agreed
upon by the Publishers Association
Five appeals of the Adams and other
express companies from the decision of
the Federal Court at Chicago in holding
they were violating the interstate COM
merce law by granting the franking privi- !
lese to other companies and its own en-
ployes were advanced by the Supreme
Court and set for argument on he first |
Tuesday Of the October term.
Affects Jockey Club.
The action Of the Supreme Court Of
Missouri in declaring forfeited the fran
chise OF the Delmar Jockey Club. Of ST. /
Louis. for misuse. nonuse, and perverslon /
Of its corporate franchise was affirmed by /
the Supreme Court
It's articles Of incorporation provided
that the association should hold agricul-
tural fairs and track races. which the
court found Il had failed to do. and also
that II had violated the Missouri law pro-
hibiting pool selling and bookmaking. BY
the courts order. the corporation was
dissolved, and fine OF 5000 was i'm
posed, the latter, however. being subse-
quently RENTED
The club brought an appeal to the Su-
preme Court on the ground that the effect
OF tie order was practical confscation.
and in violation of it's constitutional
rights. The court decided that. as the Mis-
souri, court had exercised its Judgment on
a purely domestic question. the Supreme
Court OF the United States would not