Infringement of “Science and Health”
Decision of the U.S. Court.
To the Editor of the GlobeEditorial Note: The Boston Globe:
We give below a more detailed account to meet the garbled falsehood of E.J. Arens statement through the Boston Globe “That there had been no decision whatever.”
Testimony mistaken showing that the sworn answer of Arens stating that he had not distributed said books for more than a year past was wholly untrue, also showing the gross and wholesale privacy committed on Mrs. Eddy’s booksEditorial Note: Science and Health with Key to the Scriptures by Mary Baker Eddy. as set forth in the bill of complaint.
(We will here state that his pirated pamphlets also contained what he called his “Metaphysical Alphabet” in our two pages taken from the History and Life of Rev. John Tauler in the Public Library of Boston
The time for taking testimony on the part of the defendant having nearly explained he gave notice through his counsel that he should not put in testimony and the decree of the Court was then rendered public As Written: publick the following is an extract.
Circuit Court of United States
District of Massachusetts.
Decree for Perpetual Injunction.
Sept. 24 1883
It is ordered adjudged and decree did as follows that the copyrightAs Written:Copy Right heretofore obtained by complainant under the name of Mary Baker Glover upon the book entitled “The Science of Man” etc. and the copyright upon the book entitled Science and HealthEditorial Note: Science and Health with Key to the Scriptures by Mary Baker Eddy. Vol. 2. By Mary Baker Glover Eddy whereby there was secured good and valid copyrightsAs Written:copy rights that the said defendant has infringed the said copyrights and upon the exclusive rights of the Complainant under the name by publication sale and distribution of the works “The Understanding of Christianity, or God,” etc. and “Christianity or the Understanding of God,” etc. “by E.J. Arens.”
And it is further ordered, etc., that a perpetual Injunction or issued against the defendant etc. and the complainant recover of the defendant her cost of suit taxed at $113.09Editorial Note: $113.09 in 1883 is the equivalent of $2,868.04 in 2019.
By the Court
Deputy Clerk
And upon such decree the Injunction was issued of which the following is an extract: “We therefore enjoin and command you that from and immediately after th receipt and notice of this our Writ, etc: You shall not directly or indirectly print publish, etc: or in any way or manner dispose of a certain work entitled “The Understanding of Christianity or God,” etc: By E.J. Arens or a certain work entitled “Christianity or the Understanding of God” etc. by E.J. Arens, which said books are copies from and infringements of the copy righted works of the Complainant, etc.
Whereof you are not to fail on pain of ten thousand DollarsEditorial Note: $10,000 in 1883 is the equivalent of $253,606.93 in 2019. to be levied As Written: lived on your and, etc., goods, chattels, etc. to our use.
Witness
The Hon. Morrison R. Waite at Boston in this year of our Lord one Thousand eight hundred and eighty three.
Deputy Clerk
United States of America
MassachusettsAs Written:Mass. District S.S.
“Boston, Oct. 4, 1883.
“I hereby acknowledge personal service of the within Injunction.
Edward J. Arens.
On Friday October 5. –fitting day, one usually adopted for the execution of criminals –the infringing books numbering 3800 were put under the Knife and their unlawful existence terminated.