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Cycle Photographs
Athletic Photographs
PhotoeraohB of Babies
Photographs of Groups
Exterior views
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The Photographer
129 South Eleventh Street
Many Things
are
Dear . . .
Bat the dearest of all is inferior
work. My
PAPER HANGING,
PAINTING, aad
INSIDE DECORATING
will always bear the closest in
spection. Rrice that Please
CARL MYRER
Phone &08
2812 Q STREET
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CSs
i To wear in the kitchen when
i you use a Gas Stove. We sell
1 them at cost and they don't
cost much. We do all the dig-
iging, and connect the Store
' free when bought of us.
Lincoln Gas &
Electric Light Co.
Mess Bastmat Barr Block.
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PHOTOGRAPHS FROM ARCHITECT'S PLANS.
Sir Michael Herbert, the new British ambassador, will be in Washington the end of September to present
his credentials. He will then return to England until early winter. When be and his family take possession of
the embassy building; they will find an entirely changed establishment. Builders and decorators are now hard
at work remodelling the palatial structure. It is now the most commodious embassy at the capital and when com
pleted will be the most elegant. Lady Herbert, who is very'popular in Washington, expert? to entertain lavisly.
J
ffle Law
of Privacy
By Elbridge L. Adams.
Has one the right to pass through
this w6rW!f Tie wffisTwitnout 'naving
his picture published, his business en
terprises discussed, his successful ex
periments written up for the benefit of
others, or bis eccentricities commented
upon either in handbills, circulars,
catalogues, periodicals or newspapers?
This was the interesting question
which recently came before the New
York court of Appeals.
The case was this: A lithographic
company had printed, and a. milling
company had circulated as an adver
tisement of its flour, some prints upon
which appeared the likeness of a young
woman, above which were the words:
"Flour of the Family," and below the
name an daddressof the milling com
pany. A young woman claiming to be
the original of the portrait brought
suit against both the maker anduser of
the advertising matter, claiming that
she had been greatly humiliated by the
scoffs and jeers of persons who had
recognized her face and picture on the
advertisement, and that she has been
made sick and had been put to the
expense of employing a physician, by
reason of which she had suffered dam
age. She prayed to be compensated
in damages and for an injunction re
straining the further circulation of
the picture.
Her complaint contained none of the
usual averments of an action for libel,
namely, a malicious or false publica
tion, and defamation of character or
reputation; nor did it allege that the
picture had been obtained through a
breach of contract. The relief sought
was grounded solely upon the proposi
tion that the circulation of the adver
tisement, without the complainant's
consent, constituted an invasion of her
right of privacy.
In reaching the conclusion that her
complaint stated no cause of action
known to the law, the court observed:
"While most persons would much
prefer to have a good likeness of
themselves published in a responsible
periodical or leading newspaper rather
than upon an advertising card or sheet,
the doctrines which the courts are asked
to create for this case would apply as
well to the one publictaion as to the
other; for the principle which a court
of equity is asked to assert in support
of a recovery in this action is, that the
right of privacy exists and is en
forceable in equity, and that the publi
cation of that which purports to be the
portrait of another person, even if ob
tained upon the street by an imperti
nent individual with a camera, will be
restrained in equity on "theground that
an individual has a right to prevent
his features from becoming known to
those outside of his circle of friends
and acquaintances. If such a prin
ciple be incorporated into the body of
the law through the instrumentality
of a court of equity, the attempt log-
TO REPRESENT A KING
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On account of being unable to
absent himself for so long a period.
King Edward will not be able to
attend the coronation ceremony
that will shortly take place in
India. In his stead will go the
Duke of Connaught. The Duchess
will represent Queen Alexandra at
the ceremony.
Ically to apply the principle will nec
essarily result not only in a vast
amount of litigation, but in litigation
bordering upon the absurd; for the
right of privacy, once established as
a legal doctrine, can not be confined to
the restraint of the publication of a
likeness, but must necessarily embrace
as well the publication of a word-picture,
a comment upon one's looks, con
duct, domestic relations or habits. And
were the right of privacy once legally
asserted, it would be necessarily held
to Include the same things if spoken
instead of printed, for one, as well as
the other, invades the right to be ab
solutely let alone. An Insult would cer
tainly be in violation of such a right,
and with many persons would more
seriously wound the feelings than
would the publication of their picture.
And so we might add to the list of
things that are spoken and done day
by day which seriously offend the sen
sibilities of good people to which the
principle which the plaintiff seeks to
have imbedded in the doctrine of the
law would seem to apply."
The attempt which was made three
or four years ago in the New York leg
islature to pass what was known as the
"anti-cartoon bill" failed, because the
newspaper spointed out the numerous
flaws in it. It was shown, for instance,
that, while the bill would prevent a
New York periodical from caricaturing
a citizen of that state, it could not pre
vent Boston and Chicago papers from
lampooning him 'as much as they
chose.
The state of California, however,
which is quite as progressive in the
science of law-making as any state in
the union, has succeeded In getting up
on its statute books a law which is
designated to prevent the unauthorized
publication both of portraits and caricatures.
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imp
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