The Express.
London, England, 1867-11-22 00:00:00

THE 'EXPRESS, FRIDAY EVENING, NOVEMBER 22, 1867.

thirds less tEan what it was last winter, the diffit
aulty of getting in the rates, and the ireatened
increase in the amount of pauperism, have com-
pelled them to reduce the scale of relief. Various
individual efforts are being made for the relief of
at least a rortion of the prevailing dis-
tress' but the results are far from satis-
factory, nor will they ever be otherwise until
a proper and efficient general relief committee
be appointed, as was the case last winter. This,
we believe, is now being done. The indiscrimi-
nate charity occasionally dispensed in certain parts
of the district is wholly thrown away, the idle, dis-
solute, and undeserving being relieved in common
with those whose poverty is not of their own
making.
It should, however, be mentioned that a large
proportion of those resident in Cubitt Town and
other parts of the island are but slightly
affected by the prevailing distress, being fully
occupied in the neighbouring docks, or in the
various chemical and other factories which abound
in the island. The distress is confined wholly to
j the ship-building operatives and those dependent on
their labour. There appears to be a general im-
I that were the rate of wages in the ship-
building trade slightly reduced employment might
be found until better times returned, it being
manifestly the interest of the ship-building firms
to keep the artisans together as much as possible.
The unionist feeling existing among the more
highly skilled classes of mechanics prevents, how-
ever, any such idea being entertained, although
the less skilled class of workmen, who, as a class,
have no trades' union amongst them, are not
unwilling to make a temporary sacrifice to avoid
a greater. These latter are entirely dependent on
the action of their more skilled brethren. The
most popular project for relieving the prevalent
distress is that relating to memorialising the
government to allow one or more of their ships to
be constructed in the island yards. it is admit-
tedly but a palliative measure, experienced ship-
builders dubiously shaking their heads when the
idea is mentioned ; still the popular faith in its
efficiency becomes daily more strong, and may
yet find vent in public meetings and deputations
to the government. To us it seems that if the
shipwrights and other operatives relaxed the
stringency of their trades rules, and allowed
freer play to the action of capital, it would not
be long before the ship-building industry of the
island would begin to revive, and bringemployment
to those now standing in enforced idleness. But
whether this be done or not, we must not allow
these people and their families to starve.

Kitt' intelligence.

(Before Vice-Chancellor Sir W. Page Wood.)
WIPLOOON V. BAUM&

This was a mit instituted by Mr. Lamplough, chemist
and druggist, of No. 113, Holborn, for the purpose of re-
straining the use by the defendant, who is a retail chemist,
carrying on business at No. 94, St. John-street-mad,lsling-
ton, of the word " Pyretic," with reference to any eats or
saline preparation., medicine, mixture, or powder not
manufactured by. the plaintiff, or of any word or words
only oolourably differing from the term " Pyretic Saline,"
or " Pyretic Salts." The plaintiff also asked to have de-
livered up to him all labels in the defendant's possession
having the words " Pyretic Salt," " Pyretic Salts, or
" Pyretic Saline," printed or stamped thereupon. Mr.
Lamplough claims to have been, in 1833, the inventor of a
re pparation of certain salts which he calls " lamplo=
Pyretic Salts, an effervescing aperient and tea
Saline ;" and his case is, that hts preparation (which
has been widely advertised) having attained great
reputation, especially in cases of fever and cholera,
has been distinguished by a name which may now be con-
sidered as a term of art, and as such entitled to protec-
tion just as the word " Anatolia," as applied to liquorice,
wee treated by this court se having the nature of a trade
mark. He complains that the defendant, after having
been for some time • customer of the plaintiff for his
" Pyretic Salts," and having acted as his agent, has Irina,
ceased to purchase from the plaintiff, and is now selling
a different and inferior preparation, by the name of
" Balmer's Pyretic Salt."
Mr. Drew, Q.C„ and Mr. Dundee Gardiner appeared for
the plaintiff ; Mr. Willoock, Q.C., and Mr. One:knell for
the defendant. _ _ _ _ _ _ .

The counsel for the defendant contended that the
word " Pyretic" was open to the whole world, and that
the plaintiff could claim no property in it. It
was admitted that the article in question was never
patented ; hence it was said the defendant has • right
to sell the same thing as the plaintiff professes to sell,
and to sell it by the name by which it waacommonly known.
From one of the exhibits put in by the plaintiff the fol-
lowing extract was read, and occasioned some amusement
in court :—" The buffaloes in the interior of America
suffer from fever, and instinctively seek the vivifying
draught of the salt lakes. Wild by nature, and shunnuag
the haunts of man when in health. et this period, wasted
by burning fever and thirst, they seek the relief Providence
has provided for them in the abounding salt lakes of the
country, of which, after partaking freely, they recover
their natural health, and return to their native woodland
pastures with renewed vigour.

Ethan man, the great master of all,
The only insensible prove?
No ! Lamplough's Pyretic Salta are appreciated by thou-
minds."

At the close of a long discussion,
The Vice-Clutnoellor observed that the plaintiff's state-
ment that no other medicine than his bad been known for
twenty years as " Pyretic Salts" was certainly unanswered;
and said that whilst he was very clear as to the defendant's
demerits, he was not by any reams so convincedof the merits
of the plaintiff. Severalpoints hadbeen, as it were, sprung
upon the plaintiff in the course of the argument, which he
must answer before he tumid be considered entitled to any
relief, and which he ought to be allowed an opportunity
of explaining. One was as to certain passages in some of
his advertisements, which were ingeniously worded so as
to convey to the mind of the reader the impression that
Dr. Stevens had really recommended his preparation as
medicine. Another was as to • statement that out of 465
prisoners in Ooldbath-fields Penitentiary, 461 hadrecovered
from cholera and other diseases by the woof the plaintiff's
preparation. A third was as to the use of Dr. Stevens's
name in the printed wrapper. The mart no doubt, as
must be often observed, was compelled every now and
then to protect all sorts of absurdity, but it could not be
called upon to assist absolute falsehood. The motion was
directed to stand over to the first seal day after term.

BAIL COURT.—Noe. 21.
Sittings in Banco.—(Before Justices Blackburn and Shee.)
This was the first of the four last days of term,and their
lordships sattoday in banoo, to dispose of rules and motions
horn the Queen's Bench. To-day the new role was acted
upon, and a number of cases were struck out. The rule
states th►t the cases set down for hearing in the Bail
Court shall be called on peremptorily, and if no counsel
appears the cases shall be struck out.