August 9 Monday – In Philadelphia, the court denied an injunction against John Wanamaker & Co.
AN INJUNCTION REFUSED.
PHILADELPHIA, Aug. 9. — Judge Butler, in the United States District Court, rendered a decision today in the application of Samuel L. Clemens (Mark Twain) in behalf of C.L. Webster & Co., of Hartford, Conn., for a preliminary injunction to restrain sale of copies of Gen. Grant’s personal memoirs in this city by John Wanamaker & Co. In his opinion Judge Butler says: “If this case was substantially identical with the publishing company against Smith, recently decided by the Circuit Court for Ohio, we would esteem it our duty to follow the ruling in that case and grant the writ. It is not, however. In some material respects the cases are clearly distinguishable. The one before us seems to resemble Clemens against Estes, 22 Fed. Rep., 899 in which the writ was refused. As the question must be further considered on final hearing, when the facts may be more fully developed, it would be unwise to discuss it at this time. After full consideration the complainant’s rights, as disclosed by the affidavits and accompanying papers, are not deemed sufficiently clear to warrant the preliminary write asked for” [NY Times, Aug 10, 1886 p.1]. Note: The decision may have been influenced by the known sales to trade outlets by Webster & Co. [MTNJ 3: 251n77].
Sam’s notebook: struck the idea of renting on a basis of dividing with the lessee the saving on each 1000 ems set — every 1000 recorded by the machine to count as 1250 — (because the machine sets solid & the lessee must do his own leading.) [MTNJ 3: 251].
The Washington Post, p.1 also ran a 56-word article, “Mark Twain Defeated”:
PHILADELPHIA, Pa.. Aug. 9. — Judge Butler, in the United States District Court, to-day denied the application of Samuel L. Clemens (Mark Twain) in behalf of C.L. Webster & Company, of Hartford, Conn., for a preliminary injunction to restrain sale of copies of U.S. Grant’s Personal Memoirs in this city by John Wannamaker. [sic]
William H. Gillette wrote again from New York on Madison Square Theatre stationery.
Your letter of August 6 is just at hand. I appreciate your kindness deeply — and did before. The “investment” was certainly what gave me a start, although the Mallorys did manage in some way to get everything else connected with it. But the start was of greater value….
Gillette was not comfortable leaving the matter where it was, with Sam not getting anything from his “investment” [MTP].