Andy Gump

Andy Gump, a rancher at Scots' Mills, near Salem, Ore., announced that he will resort to the courts " to protect the dignity of his honorable name." Only recently has, he learned that a fictitious comic character of the same name has been a source of income to cartoonists, and that his patronymic no longer commands the respect that it once did. Said he in a letter to the ex-police chief of his home town: " I want it understood that I am a God-fearing man and will protect my rights."

Mr. Gump's situation is like that of a Mr. George Babbitt, a "realtor," who appeared last year with threats of an action aginst Sinclair Lewis, on the ground that the author had subjected him to " contumely and ridicule."

While the law recognizes the value of a good reputation, and protects every man from libel, slander or unfair competition involving the use of a trade-name, it does not allow any man such an unqualified jurisdiction over his own name as Mr. Gump seems to believe. There is, for instance, nothing to prevent any scoundrel from changing his name to Andy Gump, with or without court sanction, and casting his new name into disrepute. And there is no reason why an author or playwright cannot use any name he wishes, if he does not undertake such uses with the intention of bringing disgrace or ridicule upon the owner of it. If he has such an intention it does not make any difference whether he uses the name or not, if he makes his caricature sufficiently like that of the real person to make him ridiculous.