Bed and Board. protection. It is established that playing a composition is not such publication as to make it public property and that another than the owner may not avail himself of the merits and popularity of the play. So the name "Erminie" was protected for a comic opera, and it was held that the publication of the songs without orchestration gave no right to have the name applied to any other libretto, dialogue, or orchestral parts. The name and dramatic composition were so blended that the former identified the latter to the public1. On like ground of deception of the public, the producer of "Sherlock 'Aronson r. Fleckenstein, 28 Fed. 75.
649
Holmes" had an injunction against the pro duction of "Sherlock Holmes, Detective"2, and the producer of "L'Aiglon" against the use of the same name for a play with differ ent text3. On the other hand, descriptive names, where there is no bad faith, may not be protected, and the producer of one com position called "Charity" had no redress against another who produced a different play with the same name4. 'Hopkins v. Frohman, 57 Cent. L. J. 109. •Frohman v. Peyton, 68 N. Y. Supp. 849. 'Isaacs г: Daly, 39 N. Y. Super. Ct. 511. "Charley's Uncle" does not infringe "Charley's Aunt" as the name of a play, Frohman v. Miller, 29 N. Y. Supp. 1109.
BED AND BOARD. Bv JOSEPH M. SULLIVAN, Of the Boston Bar. BUSINESS was dull at the little court on the avenue, and Judge Houlihan was about to adjourn the court for the day, when Lawyer Tim O'Rouke interrupted him, say ing: "Yir honor, I have a separate support case which I wish you to hear." "Are both parties represinted by counsel," inquired his honor. "Yir honor, I appear for the petitioner, Honora Callaghan, and I am advised that the respondent is unrepresented by counsel," replied Lawyer Tim. "Mr. Clerk, call the respondent," sternly ordered his honor. "Timothy Callaghan, Timothy Callaghan, come into coort, and answer unto a petition iv Honora Callaghan filed agin you, or your default shall be recoorded." "Yir honor," interrupted Lawyer Tim, "I am informed that the defindant is confined in the county workhouse under sintence." "Why didn't you tell me that fact at first," angrily replied his honor, "don't you know
we can't default a man who is confined in jail?" . "I beg pardon, yir honor, it wuz an over sight on my part," was the humble apology of Lawyer Tim. "Your ignorance is excoosable this toime," began his honor, "I really thought that you were playing th ruant from the lunatic asy lum. It's shockin' intirely the ignorance iv litigants; an overwurrked jidge like meself has to do all the thinkin' for litigants, thry all their cases for them, an' taich law to coun sel whom an axaming boord turns loose upon the public. If I could only sell my brains to the public, on account iv the nu merous bad heads, I couldn't satisfy the de mand for thim, an' alongside iv my revenue Carnegie and Rockefeller would be mindicants. I don't think any attorney practisin' in my coort will ever be killed by a train iv thought. Most iv the bar practisin' before me are on a mental track thirteen an' a wash out. Go on wid the case, Mr. O'Rouke."
