THE

THE DAILY EXAMINER,

FEBRUARY 4, 1889.

An Interesting Case.

A VERY interesting case has recently heon before the Court of Chancery in Eng- land. Asa similar one had never been be

fore the courts either in England or Am had to be decided on principle, the Court

erica, i without any precedent to guide in arriving at a conclusion. But quite a as to the law

simple and undisputed dis

pute and gitercation arose applicable to the facts. It appears that a lady of wealth and beauty went to a photo graph saloon in Rochester, England, and and subsequently

she

sat flor obtained a number of pictures

decided to send to her friends. The photo- pic

a phe itograph : which

grapher, as customary, printed more tures than his customer ordered. Some of in his show ease and

skill.

enterprising

these he exhibited window as samples of his on Christmas, the

his

art and

Coming photographer exhibited in copy of the lady's picture and caused to be

: a4 ** ° printed under i the A Merry intending probably to convey

window a

words,

Christmas,” the idea that a person's photograph be a good Xmus card to send to friends. The lady objected to having her photograph on exhibition, with tke c mmpliments of the geason so prominently endorsed, and there- fure consulted a London solicitor in regard The solicitor sent his clerk of the

would

to the naatter. to Rochester to purchase a copy picture, and immediately afterwards filed a

oo. vai oes : Bill of Complaint in the English Court of

The facts were

NS ; pace a DAILY EXAMINER, - ~~

negative are to be appropriated to the use Finally, he holds that the photographer's contention was wholly untenable, and that he was entirely in the wrong; and he therefore gave judg-

of the customer only.

ment against him, with costs.

We this because of its novelty and importance, and because of photo- indis-

refer to case the practice now existing among graphers of exhibiting and selling, criminately, the pictures of persons who have sat for portraits. We admit that the exhibiting of pictures is not in itself a very although aceording to law, as

Mr. Justice North, it is not

great wrong, laid down by legal. But regarding the sale of photo- graphs, a different rule should prevail. No photographer should sell or dispose of a other person

customer's picture to any

without the express authority of such cus-

tomer. The law appears to be against such

sale, and good sense as well as common etiquette is also against it. The fate of the English photographer should be a warning to others.

Notes and Clippings.

The Board of Education have author- ized the use of Dr. Richardson's **Lessons on Temperance " in the public schools of this Province, We hope that the book will be carefully studied. Great part of the sin and fully of the world is due to ignorance. It is well that our children be taught what not to drink.

An Ottawa correspondent writes : ‘‘ It is understood that the commons chamber will, in all liklihood, be enlarged and im- proved after the session. Sir Hecter Lan- gevin has been devoting considerable atten- tion to this subject. The proposal is to re-

° i ° Chancery, claiming an imjunction tw move the western corridor and extend the . f. _..| building further westward. An_ enlarged restrain the picture taker irom ex 5

hibiting the lady's picture in his show case x window, and from selling or disposing The

and

f copies to any person whomsoever.

defendant resisted the application, some of the most eminent Queen’s Counsel in England were retained to fight out the and con. Finally the case came on

the

ca se Pre before Sir Ford North, one ot Jadges of the Court of Chancery in Eng-

ablest

land. Atthe trial there was no dispute rexsrding the facts. The plaintitf— the lady—claimed that the photographer had

no right, in the first instance, to print more

pictures than she had « rdered ; that he had

“the poples which she

¢ 9 exhibit

he had illegally printed ; and

ne right to contended finally, that under no circumstances could he dispose of her picture to any person without her previous order and consent. The defendant—the photographer—through his counsel, opposed the plaintiff's claim in toto. and eontended that he owned the negative ; that it was his absolute property with which he could do as he phased ; and that inasmuch asthe photograph was ad- mitted to be a good one, and in no sense & libel or caricature, he could in the way of need be, sell as The case was

his trade exhibit and, if

many copies as he wished. argued at great length, and the learned judge who presided, considering not only the novelty but importance of the case, took time his decision. Sub- sequently Mr. Justice North delivered his judgment, sustaining the lady's claim in

to consider

full, and granting a perpetual injunction restraining the photographer from printing any more pictures from the negative in his possession, from exhibiting or selling those which he had already printed, and con- demned the picture man to pay all the costs of the proceedings.

Tie judgment of His Lordship and the reasons for his conclusions are given in full the London Times, which came by the last English mail. The rea- suns occupy several columns of that paper.

In au issue of

From the report as contained in The Times we learn that the distinguished Judge lays down the law to be that no photographer has the right to exhibit or sell a copy ofa pictureof a persoa who sat fora photograph. The language of the Judge, as reported in The Times, leaves no doubt on this point, for he says that the question} before him was whether a photographer, who has beeu employed by a customer to take his or her portrait, is justified in striking off copies of such photographs for his own use, and sell- ing and disposing of them, or $publicly ex- hibiting them by way of advertisement or otherwise, without the direct authority of such customer; and he declares that he has no hesitation in deciding that the photo- yrapher is not justified in so doing. The Judge gives his reasons for so holding on the ground that # contract exists between the person who desires the picture and the photographer. for which the photographer is employed and paid is to supply his customer with the required num- ber of printed photographs.

The object

For this pur- pose the negative is taken by the photo- grapher on glass, and from this negative copies can be printed in much larger num- vers than are generally required by the cus- The

negative

tomer. customer who

thus

sits

the puts

uses the negative to produce other copies his own use without authority abuses the power which was confidentially placed in his hands merely for the purpose of sup- He holds, further, that the bargain between the customer and photographer includes, by fmplication, an agreement that the prints taken from the

Jon

plying the customer.

for the power of reproducing the objects in the hands of the photographer; and Sir Ford North, in the case nuw referred to, expressly holds and decides that the photographer who

chamber is to be built, after the design of an amphitheatre, increasing the accomoda- tion to 300 seats.”

The Halifax Herald has collected the following statistics of Canadian coal sales : ‘In 1878, the year before a duty was im- posed on toreign coal, the sales of Canadian coal were as follows: Nova Scotian mines, 693,511 tons; British Columbia mines, 171,000 tons: New Brunswick, 500 tons. In all, 865,000 tons. In 1888, the sales of Canadian eoal were as follows: Nova Scotia mines, 1,685,500 tons; British Columbia, 495,241 tons ; Northwest and elsewhere, 120,800 tons. In all, say, 2,200,000 tons.”

That shows an increased sale of Canadian coal, in ten years, of 1,335,000 touns—or 154 per cent.

—The trathe returns of the Canadian Pa-

cific Railway from Jan. 14 to Jan. 21 were, SE is oh nhbede eeen pen hee hee ee news $189,000 BU neice cs ids cha eieawsceuuenss 155,000

Increase for 1889... ..$ 34,000

Above does not include South-Eastern Railway.

The traffic returns of the Grand Trunk Railway for the week ending Jan. 19 were:

Passenger train earnings..$ 96,539 $ 92,708

earnings on

Freight train earnings..... 220,424" 103,901 EM kanes oe ..$316,963 $286,690

Increase, 1889 ..$ 30,274

February Gleanings. January 30 and Sl and February 1 are called in Brescia ‘‘ 1 giorni della merla,” (the blackbird’s days). The story goes that this bird (the original color of which was white) became black, because once, for these three days, on account of the cold weather, he took refuge in a chimney.

All Christmas decorations of churches, schools and private houses should be re- moved previous to Candlemas Day (Feb. 2.) The penalty for neglect has been told by Herrick in his lines on Candlemas Eve;—

‘« Down with the rosemarie, and so Down with the baies and the mistletoe; Down with the holly, ivy, all Wherewith ye dress the Christmas Hall; That so the superstitious find None least branch there left behind; For look how many leaves there be Neglected there (maid's trust to me) So many goblins you shall see.”

In Scotland, long ago, scholars used to make presents of money to their masters on Candlemas Day. St. Valentine wasa priest of Rome, martyred in the third century, but he seems to have had no connection with the sentimental notions and practices to which his day in the calendar has since been given up.

—— tc SE el I

Personal. The King of Annan is dead. The Queen and Prince of Wales have sent condolences to Vienna.

Mr. John T. Hawke, editor of the Moncton Transcript, returned home from Ottawa on Friday.

Rev. E. Whitman, late of this city, is at present in Boston, and it is said may accept a call tendered him by a church at Chelsea, Mass.

Mis. James. G. Blaine, jr., has signed a three years’ contract with Manager Frohman. She will play the leading part in a new society drama.

We are glad to learn that Mr. A. R. Crosby, of the Medical Hall, who has been suffering trom an attack of inflammation of the lungs, is convalesent.

Mrs Hannah Burrows ot Philadelphia who stabbed and killed her husbaud in August last while~he was lying in bed, and last week pleaded guilty of the crime has been sentenced to be hanged.

Messrs. Allan Parsons, representing Hodg- son, Somers & Co., Montreal, and P. i ee ee rs Robertson & Alli- son's, St. John, N. B., are among the gues at the Hotel Davies. eit ite gel

Professor D. A. Smith, of Mount Allison College, is no pessimist. He is delivering a lecture called ‘* From the Past to the Future,” in which he shows that the present generation is superior to any of its predecessors, physi- cally, mentally and morally.

_ Hon. Donald Ferguson left this morning to oin Mr. C. C. Gardiner i isi eat j ©. ©, Gardiner in a visit to the agri- cultural institutions ef Ontario. Mr. Fergu- son's visit is a private matter. But we have no doubt that the information he and his com- panion will gain will, in part at least, inure vo the advantage of this agricultural Province. veiilehiptienhiianaiatlian stateinein

Warer Works.—Dartmouth has ; $100,000 for a system of water works,

voted

LETTERS TO THE EDITOR. a philharmonic So- ciety.

The Propose

pleased, indeed, to copies of the

ting held last forming **

1 was very much read your remarks, and also resolutions pass d at the mee Thursday, for the purpose OO city. I musical society

with some of the re- marks of the speakers. lt was — at the meeting that | refused to have ae thing to do with it. This is not true, Some of the reasons I gave for not signing name to the requisition, for the present, were : that I had quite enough of the | late philharmonic, which was formed on a *‘tirm basis” when started; that it was late in the season to start such & Society; that 1 was under a promise 0 the Y. M. C. A. and other institutions to superintend concerts the rest of the season, that about 40 ladies and gentlemen who would, in all pro- bability, join a society, if properly start- ed, say four months age, would not be able to help in what I believe to be a good cause, without putting me to & serious In convenience; that, as it was 4 matter of dollars and cents with me, I could not be expected to give up part of my living to make an experiment at an unseasonable time, I do not think that regular practice could be kept up any longer than the tenth day of May, at the very furthest, this season. My experience of 20 years has taucht me that it is impossible, on the fine the long win-

Sik,

permanent: do not quite agree

evenings of spring, after

ter to rot the young, particu- larly, to attend practice. Hence, | say, this move should have been made last

August, to start into work in September.

If the ministers of the different churches can be induced to hold their services on the same evening, and one evening selected for all the choir practices, such a move would be a great help towards the success of the society. At present there is only one night a week on which you can assemble a few people together.

All Lean say is that [sincerely hope the move will be successful, and any influence or support that I can give, | will give heartily.

S. N. EaRr.e.

——__—_- + —-

Still Bragging. Sir, —‘* Old Mortality,” the Souris cor- respondent of the Patriot, writes to that paper to say that Dr. McIntyre was elected last session, and that he always silts upon his opponents at election times. had a great deal of blowing of late about his victory over opponents. | imagine that ‘**Old Mortality” thinks that the Doctor is elected for life! Rather a strange infatua- tion this, when we remember that in 1878 D. Melntyre was over 800 votes behind one of his opponents, and about 700 behind the other. He got in last election by the skin of his teeth, being only about 30 votes ahead of his opponent, while Dr. Robertson led the poll. The time is not far distant when the electorate will be appealed to again. Until then let him cease bragging. What happened to him and his colleagues in 1878 should be a gentle reminder of what will happen to him again.

Yours, CaKnpDIiIGan. February Ist, 1889,

Outrageous, if True.

Srx,—A rumor is current that it is the intention of the new City Council to appoint a Board of Firewardens who will be favor- able to the selection of anew City Engi- neer. 1 can hardly think that such a mad proposition could be for one moment enter- tained. It isa most serious thing to tam- per with the efficiency of that important Department, and it would be a hard task to tind a more competent official than Mr.

Large. 1 trust there is no truth in the report. CITIZEN. a

Misses’ and Boys’ Felt Overshoes, only S5c, at'R. K. jost’s. feb4 tf

J. H. Myricx & Co. will commence cutting ice on Wright’s Pond to-morrow. Parties re- quiring any would do well to commence haul- ing at once, as the season willlikely be very short and the ice is now good.

Casix News.—It is reported in London that the government will recommend that parliament grant asubsidy tothe Interna- tional Cable Company. Sir William Arm- strong, the president of the company, under- takes to lay a cable from Halifax to Bermuda, and two from England to Halifax, one direct and the other via Lisbon. The Bermuda cable will be extended to other West India islands, and will eventually be laid thence to Charleston, South Carolina. The promise is given that cables will be laid during the sea- son, and another is contemplated by the same company between New York and Halifax direct, landing at Coney Island, and giving the United States another and independent line of telegraphic communication with Europe.

Firs at Wornrvitte.—There was a big blaze at*Wolfville, N. S. on Friday evening last. The fire broke out in B. G. Bishop's hardware store, destroying the shop and most of the contents. The store next door, owned by Dr. Barss, and just being occupied by A. M. Liddell as a musical instrument ware- house, was totally destroyed but the effects were all saved. C. A. Patriquin’s harness shop and J. M. Shaw’s barber shop and cigar store were badly damaged by fire and the effects badly damaged. The Acadian print- ing office and the Custom House were also badly damaged. A fearful storm of snow and sleet was raging at the time, and that with the tremendous efforts of the whole neighbor- hood saved this neat little village from being totally destroyed. Several men were badly hurt from falling timbers.

——

CLERICAL AssocraTion.—The services in connection with the P. EF. I. Clerical Associa: tion and the Diocesan Church Society, will be held on Wednesday next at St. Peter's Church. Holy Communion will be adminis- tered at 8 a.m. Morning Prayer and Litany at ll a. m., when the sermon will be preached by the Rev, John DeSoyres, of St. John’s Chureh, St. John, N. B. Mr. DeSoyres has lately come from England, and is an eloquent speaker. The rev. gentleman was the select ese of the Hulsean Lectures before the

Jniversity of Cambridge in 1886, and has held some important positions in the Old Country. Members of the Anglican Communion ought to make it their duty to hear him preach, and also to attend his lecture before the Dio cesan Church Society in St. Paul’s School room on Wednesday evenirg. The collection at St. Peter’s Church and at the D. 5S. C§ Meeting on Wednesday will be for the Dio-

eesan Church Soctety.

We have

~ MONDAY

vp. E. island Hospital.

Tus P. BE. Island Hospital has received -he following : $5.48 from St. John’s Episcopal Church, Crapaud; $4 from St. Elizabeth's Episcopal Church, Springfield ; $10.10 from Prince Street Methodist Church Union Prayer Meeting collections ; $21 from St. James’ Presbyterian Church Union Prayer Meeting collections; $10.50

from St. Eleanor’s and Summertield Episco- |

PEREINS & STERNS.

pal Churches ; $16.55 from Cornwall Circuit Methodist Churches ; $14.37 from Second Methodist Church Union Prayer Meating collections ; $2.31 from J. D. Bell, Esq., Montague, Church collection ; $9.61 from Baptist Church (city, ) Union Prayer

Meeting collections; $10.80 from St. Paul's

Church Union Prayer Meeting collectious;

$16.75 from Zion Church Union Prayer Meeting collections ; $2.51 from Clyde River Presbyterian Church ; $2 from John Goff, Esq., Cardigan ; $10 | from Presbyterian Church, Alber- ton. Also, the following collected

by Charles Stewart, Esq., Lot 48; Albert Mutch, flour; Mrs. Albert Mutch, pair pil- low slips and towels; Mrs. D. MeLean, butter, meal, towel; A Friend, bottle pre serves; Mrs. James Mutch, crock butter, crock preserves; Mrs. David Mutch, pre- serves, flour and butter; Mrs.

Munn, flour, butter and soap; John Smatl- wood, meal, flour, cheese and preserves; Mrs. James Farquharson, flour, butter and towel; Mrs. Wm. Farquharson, flour; Mrs. Alex. M. Stewart, preserves, meal and soap; Miss Anna Stewart, raspberry wine ; Mrs. H. McKenzie, meal, meat, butter preserves and soap; Samuel Wood, 25c.; Miss Lizzie Wood, 25c.; John McGregor, Sr., flour; John McGregor, $1; Mrs. H. McGregor, preserves, flour, meat and soap; Robt. Bovyer, $1; Miss C. Crawford, 50c. ;

Mrs. D. Ferguson, flour, preserves and meat: Mrs. John Dewar, flour and imeal; Mrs. James McCallum, flour, meal and soap; Mrs. Robt. Stewart, flour, meal,

cheese, preserves; John Kennedy, biscuit.

WOTICE.

_—_—

FEVHE Subseriber having imported an Ice

Plow, is prepared to supply all orders for lee which may be given him, The ice is

; ’ - re : cut in good blocks, and from the dim on my premises at Southport. Orders filled when required. KDWARD KELLY,

feb4—l1w pl Southport.

Nev PUICEH.

The Last Term for the Season

— OF THE

DANCING CLASSES

onontif Pomme

TERPSICHORE HALL, On Tuesday Next, 5th Inst.

E. BURRIS. feb2—dy 2i

Glasgow Lead and Color Works,

MONTREAL.

suk “ELEPHANT " eranp

~OF— PURE WHITE LEAD

is now manufaetured under the control of the original proprietors.

ee ” Ready Mixed Paints, made

FLEPHANT up ip all the choicest tints. Every packet is warranted to please. Every shade matched. Order early, as the Spring de- mand will be great. Only one quality made, tne best.

te T ’ Patent Zinc Paint, snow- white, gives a beautiful and

lasting finish.

s6 FLEPHANT Water-color Paints super- sedes kalsomine for walls

and ceilings

66 FLEPHANT > Colored Paints, in iron cans and kegs.

66 FLEPHANT ”% Japan Colors, in all the newest and richest colors.

66 FLEPHA T ”% Varnishes and Japans, su- perior to imported.

66 FLEPHANT % Stains and Lacquers for finish and beauiy.

66 FLEPHAN 39 onthe package is the only

| guarantee of really good paint,

The newest, most central and best equipped Paint Factory in Canada, FERGUSSON, ALEXANDER & CO. feb2—3m eod

LECTURE.

THE REV. J. de SOYRES, Late Hulsean Lecturer at Cambridge, and late Professor of History at Queen’s Col- lege, London, will deliver a Lecture

9 In St. Paul’s Schoolroom, ‘aaa Friday Evening, 8th instant. Chair taken at 8 o'clock.

By order,

L. C. DESBRISAY,

Admission, ]5c. >

febl Vestry Clerk, — WOTIC SS. MNHE ANNUAL GENERAL MEETING

of the Diocesan Church Society will be held in St. Paul’s Schoolroom on the evening of WEDNESDAY, the 6th of February, e m. mencing at 8 o'clock. .

The REV. J. pu SOYRES. Rector of St. John’s Church, St. John, N. B., and late Hulsean Lecturer at Cambridge, has kindly consented to visit the Island for the occasion and deliver an Address.

The public are cordially invited to attend

by order, PERCY POPE,

jan30-—dy tl dte Secretary.

te a ih: New Steam Laundry. PENH = CHARLOTTETOWN STEAM LAUNDRY” is now in running order,

and prepared to do first-class work at low prices.

Give us a trial and we guarantee satis- faction. ’

Our team will respond te all orders sent in. Telephone connection.

: EK. D. STERNS, Welsh & Owen's Building, jan30 —dy 2w Queen Street.

FEBRUARY

THE GOODS ARE FIRST-¢

Valentine | Boyce, 1 pair towels, old linen: Williaw |

‘ie B89.

LASS, Prices Low and Variety Great,

—aAT

————[x] Stock of Grey Cottons, A Large Stock of White Cottons,

CANADIAN AND AMERICAN PRINTS.

A Large

ENGLISH,

Canadian Shirtings and Ginghams,

Biack and Colored Dress Goods,

Table Linen, Towels, Towellings, Bed Tickings, Hessians, Counterpanes, Toilet Covers, Gretonnes, Sheetings, Table Napkins,

—_— :0:———-—

VERY BEST VALUE IN CARPETS AND OIL CLOTHS,

——$0 =

The above bought at the right time and place, and will be sold as we always do sell —CH EAP.

PERKINS & STERNS,

25, I889—dy & why

Charlottetown, Jan B S. } AVIES & G0). ———_{x es

PER CENT. Ow PER CENT.

mF ne ~

Overcoats, Uisters, Reefers &

all Ready-made Clothing.

——(x)

Our prices, without the benefit of discount, are guaranteed to be about 33 per cent, below competitors.

This 25 per cent. is given to clear out the Goods in this department, as we intend to give our whole attention to Custom Tailoring and Men’s Furnishings.

Mr. Keith’is at the head of our Tailoring Department, and we guarantee perfect satisfaction.

——_———{ x

B. S. DAVIES & C2.,

CAMERON BLOCK.

janod —eod&wily.

+ ON NT SAAT EM

oO

For Ten Days we will give the Best Bargains in UNDER CLOTHING and TOP SHIRTS (with or without Collars),

ever given in Charlottetown.

P. J. FORAN, Upper Queen Street,

jay Three Doors Above Apotheearies Hall,

VER t

—————_—_—_(v }———-_-——_

Slaughter Sale of Silverware.

<a woceemanes ()a annem

We wish to clear out our Entire Stock of SILVERWARE and offer the whole at

ZO PER CENT. BISCOUNT.

NO COMMON GOODS! Every article stamped and fully rarranted. All Spoons and Forks the Celebrated ROGERS BROS , 1847, Al. : _Now is the time for Bargains. (all early and get your ch ice. Everything in the line at 20 PER CENT. DISCOUNT. All Goods marked in plain figures -C i Stl ONLY.

RORTON

-_—_— (ajo --—

& FYMNNELL.

Jan, 1], 1889-—2aw & wky pat jour CHARLOTTETOWN.

*

a tall anita

a > ¥