Omaha daily bee., 1911-12-10
MOVING PICTURE MAN PlNcHED
Hero lack .DinDs Awarded Damages
for Use of Ills Pie
ture.


II is not quite three years. though IL
this crowded age OF the world II seems
long time past. since the steamship
blorda ramnped the White Star liner Re
pubic and left 1t in a sinking condition.
Ihe accident took place in fog and dark
ness, twenty-siN miles southwest Of Nan.
ticket lightship, and the testimony of ali
concerned was that every officer and
sailor played the ma h; but the popular
imagination seemed chiefly to focus upon
John r. or Jack" Binns, the wireless
operator on the Republic. who stuck to
his post and, working in the dark with
broken key. sent the sc. Q. D." mes
sage to the operator at Siasconsett and
stood by to guide the rescuers, The White
Star line gave Binns months leave OF
absence societies showered honorary
medals upon him, and he was offered a
months eng agement in vaudeville at
200 a week This last mentioned boon
he promptly declined; but he could not
so easily escape the enterprise OF NOV
ing picture concern which engaged an
actor to play the part OF the operator,
replacing the photograph with a stolen
one OF Bnns. and sent ont a picture
drama bearing the flamboyant title
Saved by Wireless, Depicting the Hero
Blnns, the Deathless Hero Of the Stirring
Marine Tragedy OFF Nantucket Shoals"
The films succeeded beyond the manu-
facturer's happiest dreams They are
said to have yielded S32s, 600.
Strangely enough Jack Binns did not
appreciate the 1O-cent brand of glory In
the days following his exploit, he had
done his best to dodge reporters and
photographers, and, when his months
leave was over, he went on attending to
business as calmly as on the night OF
the collision. But the moving pictures
faced him on land, at every turn and,
about the time he felt that he had ''had
enough" he discovered that New York
has an admirable statute designed to
protect private citizens I'm their right OF
privacy. Under this law he sued the
picture people for $4,000, having first
obtained an Injunction which temporarily
suppressed the films and the jury gave
him $4,000. This verdict was cut by the
presiding justice to $500 on the ground
that It was excessive. Then Binns and
his counsel went to the appellate division
of the supreme court, which has lust
reaffirmed the verdict rendered last
March.
"On the facts presented" said the an
PNNHe1'O' uiNiSlOn, the verdict should not
be deemed excessive. This is n new,
statute designed to protect important per-
sonal rights and, both as a punishment
to the defendant and to deter others from
Violating the law and invading such
rights. 1T is necessary that the Jury I'm
proper case literally award exemplary
damages"
The origin Of the statute under which
BTns profits together with all other de-
cent people-goes back to the New York
court of appeals, or, rather, to its de-
cislon In somewhat celebrated case,
In that instance the court, speaking
through Mr.. Chief Justice Parker. re-
fused an injunction and damages To a
young girl whose portrait had been re-
produced, without her consent, to ad.
vertise brand of flour four of the seven
judges holding that this was zone Of the
Ills that under the law cannot be re-
dressed" Doubtless that may have been
true at the time it was written; but the
opinion raised such storm OF protest
that the New York state assembly
promptly met the deficiency in legislation
by fOrbidding the use OF "a name. portrait
or picture for advertising purposes with
out the consent of the person concerned
Boston Transcript.