The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1893-10-11

| Cause the COmm1SS1Onef OIL fRt.
ents 10 Register the Device or
| Show Cause Why he Has Not Done
| So-what the Fierce Contention is
all About.
| Washington Post.
The celebrated Palmetto trademark case, or
as II is known IN legal phraseology. the
United States ex rel the State OF South Caro-
| lima, petitioner. vs. John ). Seymour, Com.
missioner Of Patents, respondent, was de-
cided by Justice Bradley OF the District Su-
preme Court, In favor OF the petitioner, who
is really Gov. Tillman.
In pursuance OF his scheme for controlling
the LIQUOR traffic in the State Gov. TIL man
sought 10 register trade mark. in which the
device and motto was TO be the Palmetto, the
same to be applied to every package or recep.
tacle containing spirituous liquor TO be sold
under official sanction.
In order to Secure the right OF registration
under the act OF Congress, II was necessary 70
esl II ablish the fact that the goods were used In
traffic with some foreign country or countries
South Carolina "pine top whlskey was sent
10 Canada and sold at nominal price
Having thus established the trade OF the
piled to the United States Patent ONCE 10
have the Palmetto trade mark registered.
The examiner had some doubts on the case
and referred IL 10 Commissioners Seymour,
who decided that the trade mark could not be
registered.
took the cure INTO the court, contending That
ticer, who had 10 obey The order 10 register
trade mark which was not clearly an infringe
nent upon some one previously registered,
but Mr.. Seymour held that he was giftea WIN
discretion In the case and WAS the highest au-
thority to decide whether the applicants had
compiled with all the requirements OF the
law.
The motion f,r writ OF mandamus to COM
nc n trade mark
before Justice Bradley week or so ago, j. Al
theus johnson and j. Edgar Smith appearing
for the Stale OF South Carolina. Since then
Justice Bradley has had the case under con-
sideration and yesterday morning ne render
ed his decision In the form OF an alternative
writ OF mandamus against the Com missioner
OF Patents. commanding him TO ;egister @ the
order is AZ follows:
This cause coming on to be heard upon the
rule To show cause herein Issued, the petition,
with It's exhibits, and the demurrer thereto
filed. and the same having been argued by
counsel, II is thereupon, on consideration by
the court, ordered and adjudged, this Sd day
OF October, lS93 that the said demurrer be and
dered that an alternative writ or mandamus
issue 10 the respondent, John Seymour, Com
missioner OF Patents. as prayed In the peti-
tion, com manding him TO register, as Pro Pro
vided In the act Of Congress OF March 3. 1881,
the trade mark OF the relator, the state OF
South Carolina, as the same IA described and
ex hibited in the petition hereto nled, the SAID
writ to be returnAble on Saturday, the 7th In
slant, at 10 o'clock a. m.
A. C. Bradley. Justice.
While not final settlement of the case,
this decision is decidedly In favor OF the Pal
metto people. AS In the first instance, as a
sort of courtesy to an official OF such rank as
Commissioner Seymour, rule 10 show cause
was issued Instead OF q peremptory inanda-
mus, 40 10 this decision an 'alternatve" writ
Is issued instead OF peremptory mandamus.
This IL, In effect an order that the COmmiS-
sioner oil Patents must register the Palmetto
trade mark, or appear before the court on
next Saturday to show cause why he has not
obeyed the order.
AS he has already stated the legal reasons
why, in his mind, he should not register the
trade mark, and these do not seem sufficient
TO the court, IL is surmised that the only
course the Commissioner can pursue Is TO
obey or openly defy the order, In which case
pertinptory mandamus will be issued next
saturday. or course an appeal Ia possible In
the case, but up to date the Palmetto people
are decidedly on top.
Judge SimOntOn ON the 'Palmetto"
Case.
Washington Post, Oct. 7lh.
Judge Simonton, Of the United States Court
for South Carolina, in q letter to Mr.. j. AL
theus Johnson written the day before Judge
Bradley announced his decision in the trude
mark case, says:
Il have read your arguments In the pal
metto" trade mark matter with great interest
ment is conclusive. It certainly presents
yonr co 90 a. "a cIoar fnrnihIe nd loo ua ,,