The daily star-mirror. (Moscow, Idaho) 1911-1939, 1913-12-01
REGULATE COPY
RIGHT PRICES
U. S. SUPREME COURT HANDS
DOWN DECISION In "COPY-
RIGHT AND @RATE" CASES.
Uph0lds Kentucky Supreme Court In
Decision Affecting Rate
Charges.

WASHINGTON, Dec. Publish
ers are denied the right to maintain
an arbitrary sales price on copyrighted
books according to decision handed
down by the United States supreme
court today which also refused to es.
tablish a Copyright Monopoly" sim
liar to the Patent Monopoly" decreed
in the Dick mimeograph case
The court also handed down a decis-
ion in which the Kentucky maximum
freight rate law was approved in eff
feet through test case brought by
the Louisville and Nashville railroad
The decision reaffirmed the interstate
rates. While the court did not direct
ly declare the maximum freight law
valid, it affirmed the decision of the
Kentucky court.
IHc SOpyI1SHL Ease.
In reference to the "Copyright' de-
cision the Macy company in 1902 sued
the publishers association, charging
that it comprises three-fourths of all
American publishers, and the book
sellers association, composed of a ma
jority of all book sellers and agents.
The suit was brought under the Sher-
man antitrust law, and sought to en-
join the associations from enforcing
their contracts and alleged combina-
t1ons to fix prices on both copyrighted
and uncopyrighted books, and from
the supply and sale of such
books.
That the associations combined in
1901 to secure unreasonable and ex-
tortionate profits" and to prevent COM
petition, was charged. In evidence,
resolution of the associations was
produced in which it was agreed that
the books should not be sold to per-
sons who sold them at less than the
fixed arbitrary price established.
The Macy firm refused to join the
association and claims it was black
listed" and put on "cut off" list, and
purchases of books to sell.
1t secured books from other sources.
that the publishers or
copyright owners could not afterwards
lictate prices at which such books
we're in market. The New York courts
leld that the publishers could not con-
rol the prices of uncopyrighted books,
)ut held against the Macy firm by de-
,laring that copyright owners could
tx and control retail prices even after
parting with the physical title.
Kentucky Rate Case.
The Kentucky rate case was the last
If the As so-called railroad rate
,ases" before the court, A of which
we're decided last June against the
'ailroads, beginning with the Min
iCoOld SeloC OuollCc Ilu6llcO
ramed the decisions in the former
ases which arose from Minnesota,
Missouri, Oregon and West
7irginia.
In all the right of state railway COM
MISSIONS to regulate Interstate rate,
Though they incidentally affected in
erstate rates, until congress acted
therwise was maintained by the court.
of state railway commits
ions to regulate their interstate rates
yas squarely raised in the Kentucky |
ase of today.
The Kentucky federal courts upheld |
lie states right" doctrine in the trial |
Glow. The state railroad commission |
Kentucky was created under the |
McChord act," state law passed in
300 as drawn by Interstate Commerce
McChord. 1t gave the I
ate commission power to fix reason
ole rates and enforce restitution of
upon strictly interstate
affic.
The test case decided today was
ought by the Louisville e Nashville
which fatty denied the con-
of the McChord act as an
terference with interstate commerce
i'd federal rate jurisdiction. On Au
lst 81, 1910, the railroad sued to en-
in enforcement of an order of the
Commission reducing rates
liquor between Louisville, Coying-
l and Newport, KY, and sixteen Ken |
cky cities. The rates were declar-
to be confiscatory. The railroad
so particularly alleged unconstitu- !,
nal the clause of the McChord act
nying appeal of the railroads from +
y order of the state commission to l.
y other tribunal. Il
Charge Physician With Insanity. q