Show e MUST PAY 5000 Penalty Incurred by the XevAorl World for Taking ClinnceV WASHINGTON Nov 9The New York World must pay 5000 to Miss Harriet Monroe who wrote the ode for the opening open-ing of the Columbian Worlds exposition expositon at Chicago in October 1892 for havifctf prematurely published the poem in violation viola-tion of her common law rights in the manuscript When the World obtained possession of an advance copy of the ode the fact came to the knowledge of Miss Monroe and she telegraphed the paper a warning not to publish The editor re soonded We will take our chances and the publication was made Suit was brought by Miss Monroe to recover damages Defense was made that the copyright law of the United States had sunerceded the common law on the sub ject and that under I no punitive dam aces could be collected The circuit court of the United States for the southern district of New York held otherwise and a verdict in favor of Miss Monroe for 5000 was returned The case went to the circuit court of appeals when the judgment below was affirmed Then tho World endeavored to bring the case to the supreme court of the United son s-on the grounds that questions arising under tho constitution of the United States were involved But said Mr Justice n Gray announcing his opinion of mo wiiuji it iitia ueeji ii em in many cases that that point must be raised by the plaintiff and not by the defendant The decree of the court of appeals was final and the writ of error must be dismissed I |