Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1856-04-11

Down ON THE PATENT MEDICINE MEN.-We find
in the Court reports of the Philadelphia Bulletin the
following opinion, delivered by Judge Kane, of the
IT Circuit Court on motion for introductory
Injunction in Ka,hairon Patent Medicine case. The
Judge talks rreveiently of the of hair mixtures:
=, &c. c., Oct. 8, 1855. No. II.
hea'h ogomSt Sur motion for interlocuting
Wright and another injunction.
I am very much indebted to the learned counsel
on both sides for the ability and research which they
displayed in the argument of this case but it is i'm
possible for me to distinguish it in principle from
that of Fowle and Spear, which was before me on a
similar motion some years ago.. | then refused an
Injunction against the vendor of patent medicine
the suit of his br0 er quack who complained that
his label and envelope of certificate had been I'M
taed on the ground that the special action of chan
cery could not be involved in controversy which
had so little merit to command it on either side. |
think so here.
One man has mixed castor oil and alcohol, and
giving to the combination a Greek name, protests to
the world that it will inallbly cure Scald Head,
letter. Ringworm, Eryspelas, Itch, BARRIERS ltch-a
complaint not described in the books the cdcoctheS
ioquendi perhaps, at time the BARRIERS special
privilege > Shaving Pmples, Salt Rheum, Chapped
Hands, StingS, Cuts. Chilbans, Sweings, lnt1amma-
| tons, Rheumatisms, &C. This last word, import
ing according TO Sir Edward Coke any needful mat
ter that ought 10 be supplied,-and that t" it will
almost instantly relieve sympathetic attacks of Ner-
Head ache;' and all this, besides :" restoring
the hair and preventing it from turning gray" " 1t
would be hut labor os, he truthfuIly us,
c to enumerate the wonderful properties of this in
valuable preparation; its reputation, co extensive
with the civilization of the globe, makes all praise
superfuous, all exaggeraton impossible"
| The other man has mixed alcohol with castor oil
and adopting for his compound the Greek name
which already consecraed TO the eXtirpaIion of
all cutaneous and capillary ills, protest only that it
will cure part of them. 1t is sovereign RENE
dy,' he says for "Tetter, Itch, Scald Head, Salt
Rheum, Ringworm, he pretermitS Erysipelas, but
rallies at BARRIERS Gtch Chapped Hands, Chilblains,
Stings and Bites of Insects nfammaons, SweIlings,
&C." besides preserving the hair and keeping it
from turning gray" and dispeIIing the nervous head
ache efectually as the rival mixture. Moreover,
he gives US the assurance,-a PerlIous one, If tits
Court should hold him 10 account of prohts,-
that it has had millions of patrons
! Now, DO not say that action may not be sus-
tanned at law to repair the damages which the second
fabricator of this wonderful composition has inflicted
on his elder " brother of the trade - and would not
by any means imply an opinion as to what a jury
might or might not regard tie just measure Of
indemnilies between them. Nor do | wish to b. un-
derstood as denying the complainants right TO a
final decree in his favor the bill he has filed in
this Court. But can hardly think the matter suti-
GENTLY grave to cal for special interposition be-
fore final hearing. " Non tati a a1ilis,' &c.
The Injunction is therefore refused.