Chicago Record-Herald Co. v. Tribune Ass'n

• Decision Date: 26 April 1921
• Docket Number: 2834.
• Citation: 275 F. 797
• Parties: CHICAGO RECORD-HERALD CO. v. TRIBUNE ASS'N.
• Court: U.S. Court of Appeals — Seventh Circuit

275 F. 797

CHICAGO RECORD-HERALD CO. v. TRIBUNE ASS'N.

No. 2834.

United States Court of Appeals, Seventh Circuit.

April 26, 1921

Alfred S. Austrian, of Chicago, Ill., for plaintiff in error.

Harry W. Lippincott, of Chicago, Ill., for defendant in error.

Before BAKER, ALSCHULER, and EVANS, Circuit Judges.

ALSCHULER Circuit Judge.

The judgment complained of was rendered against plaintiff in error upon its election to stand by its overruled demurrer to the declaration, which charged plaintiff in error with wrongfully publishing in its Chicago newspaper, the Chicago Herald, an original composition of which one Edwards was the author, and for which defendant in error had duly secured a copyright under the laws of the United States; that defendant in error published the copyrighted article in its New York newspaper, the New York Tribune, on the early morning of February 3, 1917, and offered it for exclusive publication in Chicago to plaintiff in error, which declined to purchase it and it thereupon sold the exclusive right of Chicago publication to the Chicago Daily News, an afternoon paper of that city; that plaintiff in error, well knowing the article to have been copyrighted, nevertheless on the morning of said February 3, 1917, caused parts of the article to be published in the Chicago Herald, whereupon the Chicago Daily News declined to receive it or to pay the purchase price therefor.

The article as published in both newspapers is set forth in the declaration; that in the Chicago Herald, and the comparable portions of the entire copyrighted article in New York Tribune being in parallel columns, as follows Chicago Herald.

'Germany Pins Hope of Fleet on 300 Fast Supersubmarines.

'New York, Feb. 3, 3 A.M.-- (Special)-- The Tribune this morning in a copyrighted article of Louis Durant Edwards, a correspondent in Germany, says that Germany to make the final effort against Great Britain has plunged 300 or more submersibles into the North Sea. These, according to this writer, were mobilized from Kiel, Hamburg, Wilhelmshaven and Bremerhaven, where for months picked crews were trained.

New York Tribune.

'By Louis Durant Edwards. Copyright, 1917, by The Tribune Ass'n (New York Tribune).

'Germany plays her trumps. Three hundred, or more, submersibles have plunged into the waters of the North Sea to make the final effort against Great Britain. They mobilized from Kiel Hamburg, Wilhelmshaven, Bremerhaven, where, for months picked crews have trained.

'They form the world's first diving battle fleet,' he says, 'a navy equally prepared to fight above or beneath the waves.'

'They form the world's first diving battle fleet, a navy equally prepared to fight above or beneath the waves.

'There are two types of these new boats now in commission, one of 2,400 tons and one of 5,000 tons displacement.'

'There are two types of these new boats now in commission, one of 2,400 tons and one of 5,000 tons displacement.

'They dive beneath the water in a fraction of the time that it takes the older types to submerge. They mount powerful guns, are capable of great surface speeds, and are protected by a heavy armor of tough steel plate.'

'They dive beneath the water in a fraction of the time that it took the older types to submerge. They mount powerful guns, are capable of great surface speeds, and are protected by a heavy armor of tough steel plate.

'The motors develop, 7,000 horse power and drive the boats under the surface at 22 knots an hour. These smaller cruisers carry a crew of from 60 to 80 men.'

'The motors develop 7,000 horse...