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The photographic news
- Bandzählung
- 12.1868
- Erscheinungsdatum
- 1868
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- Englisch
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- Hochschule für Grafik und Buchkunst Leipzig
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- Hochschule für Grafik und Buchkunst Leipzig
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- Bandzählung
- No. 528, October 16, 1868
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Zeitschrift
The photographic news
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Band
Band 12.1868
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- Titelblatt Titelblatt I
- Kapitel Preface III
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- Register The Index To Volume XII 619
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Band 12.1868
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October 16, 1868.] THE PHOTOGRAPHIC NEWS. 495 is too often burnt into his soul, and he becomes permanently the thing he is permanently labelled. But a means of absolute identification is necessary when a man has been “ drummed out ” of his regiment, in order to prevent his re-enlistment, and again entering under another name Her Majesty’s service. The branding serves this purpose. But the question arises, can its aid not be superseded by something quite as efficient, and much more consonant with the civilization of the age ? To meet the difficulty on the score of identification photography has been proposed. The photograph of a criminal has been found in gaols an efficient means of identifying him when he comes within the clutches of the law a second time, and has often been made the means of capturing him when flying from justice. An army surgeon, writing to our contemporary, points out that the brand-scar is not always efficient ar an aid to iden tification, and thinks that, properly managed, photographing men will be found a much better system of detecting old criminals than the plan of branding them. He says:— The plan of identification by means of photography has, there • fore, the merit of expediency as well as humanity; but I fear the resemblance to a likeness taken under far different conditions is too nice a point for the decision of a serjeant. Be it remembered, also, that it is manifestly contrary to his own interest to raise any point which, like this, may readily escape the notice of his supe riors. I would therefore venture to suggest that the portraits might be deposited with the magistrate before whom the recruit is sworn in, and thus the requirements of those regiments be met who have no inspecting officer. The use of photography as an aid to the detection of criminals is one of the sterner missions of a very beautiful art. If. in the exercise of these missions, it can be made to supersede and abolish a brutalizing and degrading remnant of a much darker day, it will afford some gratification to all those of its votaries interested in the “eternal fitness of things.” DECISION AS TO A PHOTOGRAPHER'S PERSONAL LUGGAGE. The decision in the case to which we recently adverted, in which the question was raised as to what constituted a photographer’s “ personal luggage.” has been given, and will, we fear, scarcely prove satisfactory to photographers. It will be remembered that Mr. Owen Angell, of Exeter, travelling on the South Devon Railway with his photo graphic apparatus, for the purpose of fulfilling a professional engagement, his luggage was removed at Teignmouth instead of being carried on to Bovey Tracey, whither he him self was going. Having been delayed in the exercise of his profession by the absence of his apparatus, Mr. Angell brought an action for compensation against the Company in the County Court at Exeter. The demand for compen sation was resisted by the Company on the ground that photographic apparatus was not personal luggage, and that they were therefore not liable. The decision, which was ostponed on the first hearing of the case, was given on '’riday last. Mr. Sergeant Petersdorff, in giving judgment, said that as the case was one of considerable importance, he had deferred his decision, in order that he might refer to the most distinct and trustworthy authorities on the point in question. He had therefore referred to Marshall’s valuable work, “The Liability of Railway Companies as Carriers.” Here it was stated that “ the obligations to carry the lug gage of a passenger and the responsibility for its safety as common carriers does not apply to goods unconnected with the personal use, comfort, or convenience of the passenger.” His Honour then remarked that before he endeavoured to test the question at issue, he should refer to some cases that had already been decided. One—that of Phillips v. The London and North Western Railway Company—was in principle strongly analogous to the case before him. It was there decided that a solicitor’s documents in an action in which he was professionally engaged could not be con sidered “ personal luggage.” The Chief Justice who tried the case had said : “ These were not for the plaintiff’s per sonal use, or usually required, but were taken by him in his capacity as attorney for the use of another.” There was also a case against the Midland Railway Company, argued in the Court of Exchequer, which appeared to be completely decisive on the identical case upon which they were now engaged. It was there held that an artist’s pencil sketches were not his personal luggage. It was therefore difficult to find any distinction between the mechanical contrivance of taking photographic pictures and the pencil sketches of an artist. After alluding to some other cases, His Honour said that the real test must be the question whether the articles were such as would be essential for the personal use and con venience of an individual travelling. If they did not come within that meaning, then the owner was pot entitled to seek compensation from a railway company. He would mention one or two strong illustrations. The professional wardrobes and dresses of actors and actresses, which often were of enormous value, were not held to be personal luggage. The same would apply to the robes of judges and barristers, also to bishops and others. He must therefore decide un equivocally that a mechanical apparatus used for photo graphic purposes could not fall within the description of “ personal luggage.” The plaintiff photographer would therefore be non-suited. The decision, as we have said, will, we fear, prove an un satisfactory one to photographers, and appears to us based upon a technical quibble rather than common sense. The companies engage to carry a passenger and a given weight of luggage for a given price, and so long as that luggage does not require unusual care, and does not contain sub stances likely to injure the property of other travellers, we cannot conceive how the question of the nature of the lug gage can concern the railway company, except as a technical means of evading responsibility in case of carelessness or neglect on their part. The statement made by the judge, that the robes of actors and judges, barristers and bishops, would, on the principle upon which he decided, be disallowed as personal luggage, seems to give extraordinary point to the unreasonableness of the principle governing the decision. That photographers should not place amongst passengers’ luggage imperfectly packed chemicals, which, by fracture or leakage, might injure other goods, is tolerably clear, and should scarcely need enforcing; but no question of that kind has arisen here. A wise caution would suggest that a box containing the chemicals, in as compact a form as possible, should be taken by the photographer into the carriage with him. Indeed, we commend this course to photographers, in reference to as much of their equipment as convenient. In case of the use of dry plates and small apparatus this will not bo difficult, although scarcely avail able to the wet worker in a large tent. We can only offer this consolation to photographers, that their right to carry apparatus as personal luggage is not likely to be questioned until they raise some claim for compensation, as it is chiefly under such circumstances that railway companies avail them selves of technicalities to justify the unfair treatment of passengers. STUDIOS AND PROCESSES IN AMERICA. Ax interesting article in our excellent contemporary, the Philadelphia Photographer—of the last number of which advance sheets are before us—describes the mode of lighting and the processes used by two of the most successful por traitists in New York—Mr. Napoleon Sarony and Mr. Eredericks. The writer, who is an amateur photographer who has had opportunity of forming the acquaintance and visiting the studios of many of the ablest professional photographers in the States, premises his remarks by ob serving that he has invariably found that the best men had no secret dodges upon which they relied for success, their
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