Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1908-06-02
Of United States Adjourns
to Oct. Y Next
Several Important Decisions
Handed Down on Monday.
Continental Paper Bag Co. Of Maine
III Loses Its Case.

| 't'''iiHS toIi, Oullc IL lie DItStIl
term of the superior court of the Unit
ed States came to an end today ant
the court will not meet again unit
Oct u.
THAT the Roman Catholic church i.
entitled to exercises complete owner.
shin of the church buildings occupied
| ~ that denomination in the city OF
Ponce, Porto Rico, was held today BY
the supreme court of the United
States in the case of the municipality
OF Ponce VS.. the Roman Catholic
church
| The important question whether in
fringement of a patent can be stopped
by injunction when the original paten-
| tee has failed to make use of his de-
| vice was involved in the case of the
Continental Paper Bag Company OF
Maine VS.. the Eastern Paper Bag Co
of Massachusetts, which was decided
| by the supreme court of the United
States today, favorably to the Massa-
| chusetts concern. The suit was origi-
nally instituted in the United States
circuit court for Maine by the East
| ern Co. which asked for an injunc-
ton restraining the Continental Co.
| from making paper bags with a ma
| chine made in accordance with a pa
| tent owned by the Eastern Co. and
| the order was issued notwithstanding
| 1t was shown that the Eastern COM
pany had made no use of it's inven-
ton. The case was appealed to the
United States circuit court of appeals
for the first circuit and the decision
OF the trial court was upheld The
decision of the supreme court, sus-
tanning the two lower courts was
handed down by Justice McKenna.
In the supreme court of the United
States today Attorney General Bona
parte presented a petition for writ
or certiorari in the case of the United
states VS.. Isaac Stephenson, and
others, who are executors of the estate
of the late Daniel Wells. The case in
wolves the legacy tax provision of the
war revenue act of 1885, which in the
Eldman VS.. Tilghman case was de-
clded adversely to the government
The decision was rendered before JUS
tlce Moody took his seat and by a d.
vided court. The Stephenson case
therefore involves an effort bp the gov
ernment to reopen the question in the
nope of securing a reversal Of the
courts previous verdict.
The supreme court of the United
States today decided three important
cases, the opinions being handed down
by Justice Day
Inc flrst decision was in the case of
the Bobbs- Merrill Co., VS.. r. fl. Macy
Il Co. and Isador N. Straus, the de-
clslon being in favor of Macy & Co.
In this case the court dealt with the
question whether the sale by q retail
dealer of copyrighted book below the
price fixed by the publishers is an in
fringenent of copyright.
The RobbS- Merrill Co published a |
novel and stipulated in a printed no.
tice that it should not be sold for less
than 81 a copy. The house of Macy
sold the work for SO cents and suit was
brought accordingly in the circuit
court of the United States for the
southern district of New York, but the |
bill was dismissed.
A like result followed when the case |
was appealed to the circuit court of |
same line.
The suit was based on the theory
that the right to dispose of a copy |
righted work gives the owner the right |
to place restrictions on it's sale
The right of publishers to regulate |
the price at which their books may be |
sold by retailers and jobbers also was |
involved in the two cases of Charles |
Scribners Sons VS.. Isador and Nathan |
Straus, doing bushes sas r. H. Macy |
& Co, all of New York which was |
against the former concern. The suits |
were brought by the Scribners as rep
resentative of the American Publishers
Association and they sought in the first
of them to enjon the defendants from
selling their copyrighted books at
prices below those fixed by the asso-
citation and from buying any such pub
LEGATIONS from anyone who is not a
member of the association on the
ground that such a course is an in
fringement of copyright.
In the second case the allegation
was that Macy and Company had
sought to induce other dealers to vio-
late their contracts with the publishers.
The fact was brought out that the
publishers association requires firms
dealing in their copyrighted books to
enter into contract to maintain fixed
prices for year and not to sell to any,
one who would cut prices. The circuit
court of appeals decided against the
publishers in both instances, holding
that the sellers had not agreed not to
cut prices and that there was no evil
dence of an effort to influence others
The supreme court Of the United States
.oday affirmed the decision of the United
States circuit court for the eastern dis
Irict of Missouri in the extradition case
Of IF. Clay Pierce of the Waters-Pierce
Dill Co. of st. Louis, holding him subject
to eXtradtion to Texas, where he Is I'M
Ter indictment on a charge Of perjury in
swearing that his company had not en-
tered into a conspiracy in restraint of
rade when the company made applica-
ION to do business in Texas. It is con-
ended that the Waters-Pierce Co. Is a
part Of the Standard Oil Co.
That the republication of a map printed
n an official publication is not always
piracy under the copyright law was held
od:iy by the supreme court of the United
states in deciding the Globe Newspaper