Bill of Complaint
(AS AMENDED NOVEMBER 2, 1882)
To the Honorable the Justices of the Circuit Court of the United States sitting in equity within and for the Northern District of Illinois:
Samuel L. Clemens, of Hartford in the State of Connecticut, a citizen of the State of Connecticut, brings this his bill against Belford, Clarke & Company, a corporation, as your orator is informed and believes, duly established under the laws of the State of Illinois, and having a principal office in the city of Chicago, and State of Northern District of Illinois, and against Alexander Belford and James Clark, both residents of Chicago in the County of Cook, and State and Northern District of Illinois, principal officers of said corporation, and, as your orator is informed and believes, citizens of said State of Illinois.
And thereupon your orator complains and says, --
1. That your orator is now, and has been for about twenty years last past, an author and writer by profession, and that he has been for many years last past in the habit of publishing articles, sketches, books, and other literary matter composed by him for publication, under the name, assumed by hi to designate himself as the author and writer of such sketches, articles, books and other literary matter, of "Mark Twain."
2. And that the said designation of "Mark Twain was assumed by your orator about twenty years since, and has been used by him during the last twenty years as his nom de plume, or trade-mark as an author; and that during the said time your orator has so used it, so far as your orator is informed or believes, no other writer or author has made us of the said name as a designation of authorship.
3. And that your orator's said writings, articles, books and other literary matter, so published by him under the said designation of "Mark Twain," have acquired a great popularity, and meet with a ready and continuous sale; and writings, sketches, articles, books and other literary matter published under said title, nom de plume or trade-name, are greatly sought for by the public; and that no other person has been licensed or permitted by your orator to use the said designation of "Mark Twain" as a nom de plume or designation of authorship.
4. And that of right your orator should be entitled to the sole use and benefit of the said name of "Mark Twain" for his own profit and emolument, and no other person should be permitted to derive any advantage or profit from the use of the said name of "Mark Twain," or to publish articles, sketches, books or other literary matter under said name, whether written by your orator or not, without your orator's express consent and allowance.
5. That the exclusive right of selecting for publication, an of publishing in any collective form, the sketches, articles and other writing written by our orator, and originally published by him under the said name of "Mark Twain," so as to make a book or collection of durable form for publication, or right out to belong exclusively to your orator, and is of great value to him in his reputation, and a great security to the public as purchasers of the works purporting to be written by your orator, and to have been collected and published by him; and that your orator has never delegated to any person this privilege.
6. That the defendants, Belford, Clark & Co., are, as our orator is informed and believes, book publishers in the city of Chicago; that they have never received any authority or license to publish any of the sketches or other articles written by your orator, and that they have no license, expressed or implied, derived from your orator, to make any publication of your orator's works, or of any other works under the said name of "Mark Twain."
7. But no so it is, may it please your Honors, that the said defendants have, as your orator is informed and believes, and therefore avers, made, printed, put out and sold in great quantities, but how many your orator cannot say, of a certain book called upon its title-page, "Sketches by Mark Twain. Now first published in Complete Form. Belford & Co., 1880," containing about 369 pages, many or most of which in one form or another are substantially like sketches published prior to the year 1880 by your orator; and that said Belford, Clark & Co. had no authority, leave or license from your orator, or derived from him, to make publication of the said book, or any part thereof; and for greater certainty and accuracy in the matter, complainant files herewith a copy of the book complained of, marked "Schedule 1."
8. And that the defendants in their said book so published by them placed upon the page next succeeding the leaf whereon the title-page is printed, a preface in these words:
"I have scattered through this volume a mass of matter which has never been in print before (such as 'Learned Fables for Good Old Boys and Girls,' the 'Jumping Frog Restored to the English Tongue after Martyrdom in the French,' the 'Membranous Croup' sketch, and many others which I need not specify): not doing this in order to make an advertisement of it, but because these things seemed instructive.
9. And your orator never gave any authority, leave or license to the defendants to print or publish any such preface, or any of the representations therein contained or substantially the same as those therein contained, in any form or matter.
10. And your orator has by the said wrongful acts of the defendants been greatly injured, and his property in his said nom de plume or trade-name of "Mark Twain," as a commercial designation of authorship, has been deteriorated and lessened in value; and your orator is remediless, and can only have relief in the premises in a court of equity, wherein such matters are properly cognizable.
11. And that your orator has suffered damages in the premises which will be difficult or impossible of ascertainment in a court of law, and that defendants have unlawfully profited thereby.
12. Wherefore, to the end that the defendants may, if they can, answer the premises, and show cause, if any they have, why the relief hereinafter prayed for shall not be granted; and particularly that they may severally answer the interrogatories of Schedule 2 annexed and hereby made part of the bill as if herein and in this place propounded and put, as required by the note at the foot thereof; and that they may been joined from the further publication of the book complained of, and may account with and pay over to our orator the profits which they have made out of the said wrongful publication, and that the plates of such book may be damasked and destroyed; and for further relief as to your Honors may seem meet and the nature and circumstances of the case shall require, may it please your Honors to grant unto your orator:
First, a writ of injunction conformable to the prayer of the bill;
Second, a writ of injunction pendente lite, conformable to the prayer of the bill;
Third, a writ of subpoena:
Each in due and usual form and under usual penalties, and each to be direct to the said Belford, Clark & Company, Alexander Belford and James Clark.
And your orator shall ever pray, &c.
S. L. CLEMENS.
UNITED STATES OF AMERICA,
STATE OF NEW YORK
Personally appeared Samuel L. Clemens, who, being duly sworn, on oath deposes and says, that he has read the foregoing bill, and knows its contents, and that he has subscribed the same; and that the contents thereof are true except as to the matters therein stated on information, an those he believes to be true; and he further says, he is advised that he will derive material benefit in this cause from the defendants' disclosures in answer to the interrogatories set forth in Schedule 2, if the same are truthfully made.
Sworn to before me this twenty-first day of September, 1882.
WM. D. KELLY,
Chemung County, N.Y.
STATE OF NEW YORK,
CHEMUNG COUNTY, CLERK'S OFFICE,
I, Alexander C. Eustace, clerk of said county, and of all the courts of record thereof (except the Surrogate's court), do hereby certify that William D. Kelley, Esq., whose name is subscribed to the foregoing certificate of proof or acknowledgment of the annexed instrument, was, at the date thereof, a notary public in and for said county, duly authorized and qualified to take the same; and that I am well acquainted with his handwriting and verily believe that said signature is genuine, and that the said instrument is executed and acknowledged according to the laws of the State of New York.
In testimony whereof, I have hereunto set my hand and affixed the seal of said county and courts at Emir this twenty-first day of September, 1882.
A. C. EUSTACE,
Interrogatories to the Defendants and each of the Defendants in the foregoing Bill.
First. Whether or not either of the said defendants knows or is informed or believes, and has reason to believe, or believes without reason of belief, that that complainant in the foregoing bill is an author and writer by profession?
Second. Whether or not either of the defendants knows, or is informed and believes, or believes and has reason to believe, or believes without reason of belief, that the complainant has been in the habit for many years last past, and how many, as far as either of the defendants knows or believes, of publishing articles, sketches, books or other literary matter?
Third. Whether or not either of the defendants knows, or is informed and believes, or believes and has reason to believe, or believes without reason of belief, that the complainant has assumed as a nom de plume, or name of authorship, or a phrase designating the complainant as a writer, the words "Mark Twain" as a signature or designation of authorship of writings, articles, books and other literary matter published by him?
Fourth. For how long a time has either of the defendants known or heard of the use of the title "Mark Twain" as a designation known or heard of the use of the title "Mark Twain" as a designation of authorship for any any person, and of what person has it been heretofore used as a designation of authorship?
Fifth. Whether or not either of the defendants knows, or is informed and believes, or believes and has reason to believe, and in case of information or reason of belief, what information or reason of belief the defendants have, that the designation or nom de plume or trade-name of "Mark Twain" has been used or employed by other persons than the complainant, and what other persons, at what time, in what place and under what circumstances?
Sixth. Whether or not the defendants Belford, Clark & Co., are book-publishers in the city of Chicago; whether they are a firm; whether anybody else than said Alexander Belford and said James Clark is a member of said firm; where do the members of said firm reside; and what is the citizenship of the said members, and each of them?
Seventh. Whether or not the said defendants, or either of them, at any time, at any place or under any circumstances, received or pretended to receive any authority or license from the complainant to publish either, any or all of the sketches, articles, books, writings or other literary matter written by the complainant; and if any pretence or authority or license derived from the complainant is alleged by defendants, or either of them, what authority or license is it that is set up, from whom obtained, and under what circumstances; and if any license is set up, state whether the same is in writing; if not in writing, whether in any manner, and how it purports or pretends to authorize the use of the nom de plume or trade name of "Mark Twain" in making the publication alleged to be licensed and authorized?
Eighth. Let each of the defendants examine the book filed herewith and marked "Schedule 1," and called upon its title-page "Sketches by Mark Twain. Now first published in Complete Form. Belford & Co., 1880," and say whether or not the said defendants, Alexander Belford and James Clark, or either of them, at any time or at any place, and when and where, ever published, put out, sold, gave away or distributed any and how many books, pamphlets or other publications substantially like, in whole or in part, said book "Schedule 1;" and if yea, how many books were so published by the said defendants jointly, or by either of the defendants severally, or by either of the defendants in conjunction with other persons, or by both of the defendants in conjunction with other persons, naming the other persons, and to what extent, giving a detailed account of the number of books of such sort sold by the defendants conjointly, or by either of them severally, or by either of the defendants in conjunction with other persons, or by both of the defendants in conjunction with other persons, and stating the times, places and numbers of each edition, the prices at which sold, the cost of said books and the profits made thereon.
Ninth. In case of any publication made by the defendants, or either of them, either jointly or severally or in connection with other persons, whether or not authority or license for making the same was granted or given in any and what way by the complainant? setting forth in detail and at length the authority pretended to be acted under.
Tenth. Let each of the defendants examine the page succeeding the leaf containing the title-page in the book herewith filed, marked "Schedule 1," and say whether or not the said defendants, or either of them, at any time, at any place or under any circumstances, issued, published, printed, or put out, either jointly or severally, or jointly with other persons, or severally with other persons, or authorized the issuing, printing, publishing or putting out of any advertisement or preface in any book, substantially like the said advertisement or preface set forth at length in paragraph eight of the foregoing bill, and on the page succeeding the leaf containing the title-page of the book herewith filed, marked "Schedule 1."
Eleventh. Let each of the defendants examine the page succeeding the leaf of the title-page on which is printed the preface referred to and set forth in the eighth paragraph of the foregoing bill, and say whether or not, and what, license or authority was given by the complainant to the defendants, or either of them, or to any persons, and whom and when, from whom defendants, or either of them, derived title to print or publish any such preface as that set forth in paragraph eight of the forgoing bill, and on the page succeeding the leaf containing the title-page of the book herewith filed, marked "Schedule 1."
Complainant is advised that he will derive material benefit from the answers to the foregoing interrogatories, if truthfully made.
[NOTE.--Each of the defendants, Alexander Belford and James Clark, is required to answer each and every of the foregoing interrogatories.]
THOS: WM: CLARKE,