r this may be, Borst went vigorously to work, repeating all the
calculations which had been made by Peters and former assistants,
with a view of detecting errors, and took the work home with him
in order that his sisters might make a great mass of supplementary
calculations which, though not involved in the original plan,
would be very conducive to the usefulness of the result. One or
two of these bright young ladies worked for about a year at the job.
How far Peters was privy to what they did was not clear; according
to his claim he did not authorize their employment to do anything
but copy the catalogue.

By the joint efforts of the assistant and his two sisters,
working mostly or entirely at their own home, the work was
brought substantially to a conclusion about the beginning of 1888.
Borst then reported the completion to his chief and submitted a
proposed title-page, which represented that the work was performed
by Charles A. Borst under the direction of Christian H. F. Peters,
Professor of Astronomy, etc. According to Borst's account, Peters
tore up the paper, opened the stove door, put the fragments into
the fire, and then turned on the assistant with the simple order,
"Bring me the catalogue!"

This was refused, and a suit in replevin was immediately instituted
by Peters. The ablest counsel were engaged on both sides. That of
the plaintiff was Mr. Elihu Root, of New York, afterward Secretary of
War, one of the leading members of the New York bar, and well known
as an active member of the reform branch of the Republican party of
that city. For the defendant was the law firm of an ex-senator of
the United States, the Messrs. Kernan of Utica.

I think the taking of evidence and the hearing of arguments occupied
more than a week. One claim of the defendant would, if accepted,
have brought the suit to a speedy end. Peters was an employee
of the corporation of Hamilton College, and by the terms of his
appointment all his work at the Litchfield Observatory belonged to
that institution. Borst was summoned into the case as an official
employee of the Litchfield Observatory. Therefore the corporation of
the college was the only authority which had power to bring the suit.
But this point was disposed of by a decision of the judge that it was
not reasonable, in view of the low salary received by the plaintiff,
to deprive him of the right to the creations of his own talent.
He did not, however, apply this princi