BANKS ·v. wisstr PUBLISHING C0. 51
In Equity.
This is a suit brought by the complainants to restrain the defend-
ant from publishing the opinions of the supreme court of iowa, the
complainants claiming that the exclusive right of such publication is
vested in them. The Northwestern Reporter, in which are published
these opinions, as well as those of the supreme courts of other north-
western states, was first issued by the defendant in 1879, and has ·
been since a continuous weekly publication. It is this publication of
opinions which the complainants seek to enjoin. The exclusive right
of complainants is claimed by virtue of a contract with the state of
Iowa of date July 8, 1880, full compliance with whose terms is alleged.
The statute, chapter 60, Laws Iowa 1880, under which the contract
was made, and such portions of the laws of 1873 as define the duties
of clerk and reporter in respect to the opinions and Reports, are as
follows:
Whereas, by the provisions of chapter 60 of the Acts of the Eighteenth
General Assembly of the state of Iowa, the executive council is authorized
to contract for the printing and publishing of the reports of the opinions of
the supreme court of Iowa; and whereas, the said executive council, in ac-
cordance with the provisions of section 4 of said chapter, did publish in six
_ different newspapers, published in diiferent localities in the said state, weekly
for six weeks, commencing on the first week in April, A. D. 1880, a notice I
to the effect that sealed proposals would be received at the otlioe of the secre-
tary of state, for stereotyping, printing, publishing, and selling the said Re-
ports for the term of eight years, from the first day of June of said year, at
a certain rate pe1· volume, to be stated in said proposals, the bids to be received
on or before 12 o’clock, noon, of May 31, 1880; and whereas, Banks Su Bros.,
before the said lirst day of J une, 1880, and after the publication of said notice,
to-wit, on the thirty-first day of May, 1880, did, before noon of said day, in
accordance with said notice and the law, deposit with the secretary of state
their sealed proposal as follows:
"To enter into a contract for stereotyping, printing, publishing, and selling
the reports of the decisions of the supreme court of Iowa for the term of
eight years from the first day of J une. 1880, as required by and subject to the
provisions of chapter 60 of the Eighteenth General Assembly of Iowa, the
same being an act entitled *An act to provide for the stereotyping, printing,
publishing, and sale of the Supreme Court Reports, and to repeal sections
155, 156, 157, and 160, c. 4, tit. 3, of Code, and to fix the salary of the supreme
court reporter,’ for the sum of ninety-four cents per volume; and we attach
hereto the receipt of the treasurer of the state of Iowa, showing that we
have, in compliance with section 5 of said act, deposited with him the sum
of one thousand dollars, to be forfeited to said state of Iowa. on failure to
enter into said contract, as required by said act.
"BANxs & Bnornsas.
"Per Jossrn G. Jmrmnos,
"Attorney in Fact."
—Therefore, know all men by these presents, that, in consideration of the fore-
going premises, said Banks & Bros. hereby agree with the state of Iowa that
they will stereotype, print, publish, and sell the reports of the supreme court
of the state of Iowa, in accordance with the provisions of said chapter 60 01
the Acts of the Eighteenth General Assembly, said chapter being herein re·
ferred to as a part hereof, for the term of eight years from and after the Hrst