AN INJUNCTION REFUSED.
PHILADELPHIA, Aug. 9. - Judge Butler, in the United States District Court,
rendered a decision to-day 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
writ asked for."
