Charles Evans Hughes

“ The argument fails to give effect to the express provision of the statute. Its words are, 'He shall forfeit ten dollars for every copy of the same in his possession, or by him sold or exposed for sale.' No process of construction can override this explicit language. The prescribed forfeiture is not only for every copy found 'in his possession,' but, in the alternative, for every copy 'by him sold.' We need not search for the reason for the distinction between maps, charts, photographs, prints, etc., on the one hand, and paintings, statues, and statuary on the other. ”

“ Section 724, which was originally § 15 of the judiciary act of 1789, was to meet the difficulty arising out of the rules relating to parties at common law, and to provide, by motion, a substitute quoad hoc for a bill of discovery in aid of a legal action. ”

“ These decisions did not involve the determination that an action could not be brought to enforce the forfeiture prescribed by the statute in a case of the sale of copies of a copyrighted painting where there was no finding in possession, and hence no proceeding to forfeit copies so found. Here, there is no attempt to recover in a second action penalties which should have been embraced in a former action; and the recovery is based simply upon the forfeiture incurred by sales of the prohibited copies. ”