The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1894-01-10
The Disease g Spreading.

WASHINGTON, Jan4-The matter. of
the registration Of Governor TilImao'
trademark for the Dispensaries of South
Carolina. was the subject yesterday OF
another legal contest. The case came
before the District Court of Appeals
on theapplication of John S. Seymour
Commissioner of Patents, who appealed
from the opinion recently rendered by
Justice Bradley, granting a writ OF
mandamus requiring the Commissioner
to register the trade. mark. The Com.
missioner was represented by Mr.. John
I. Hall and Mr.. Levin II. Camp.
bell, while Mr.. J. Altheus johnson and
James Edgar Smith argued for the
trademark.
Mr.. Campbell opened the argument
with the presentation of two points. Hs
contended, first, that the Supreme
Court was in error in revising and re-
versing the decision of the Commis-
sioner. bcause this decision was rem
dered in the performance Of discre-
tionary duty, which did not involve
fraud or abuse of his authority. Such
decision was not subject to reversal
by the court on the petition of writ
OF mandamuS.
The Commissioner had the unques-
toned right to Investigate the owner
ship of a trademark, when 1t was IN
dispute as between the two persons.
His decisions in such cases could not
be interfered with by the courts. BY
inference the same right ought to lie
in ex parte cases where there was no
dispute as to ownership as IN the case
at the bar.
Mr.. Campbell argued, secondly, that
the Supreme Court was in error ID re-
yersing the decision of the Commls-
sioner of Patents, the same being cor
rect, and ordering a writ of mandamus
to issue to command him to register
the alleged trademark of the relator.
In support of this he read the law OF
South Carolina establishing the Dis
pensaries.
Mr.. Johhson's remarks in brief were
as follows: Counsel for the appellant
if we may judge from the printed brief
they have filed in this cause, seem not
yet fully to have realized that the ap-
pellee in these proceedings is the State
of South Carolina. 1t was the notion
fondly cherished by the Commissioner
of Patents when he passed upon the
original application which had been
filed with him for registry, that the
application set forth, not what the
State itself had done, or authorized to
be done, but what certain officers or
agents of the State. acting of their own
accord, had assumed to dc in the name
of the State. This motion seems still
to have lodgment in the minds of
counsel for the Commissioner. They
show 1t time and again in their brief.
"There is disease among the polltI-
cal critics of the present regime IN
South Carolina that causes the afflicted
to speak of Ben TillmaD' as not only the
executive branch of the government
but the legislative as well and the ma
jor part OF the judicial. at al tlmss
the disease affects the nerves and ment-
al vision and then the sufferers, at the
sound of every noise and the slSat OF
every object, cry out, Ben Tlllman !,
Ben Tillman' and SCI up q wall OF her
ror. When they lie down to sleep, The
fearful specter hangs over them as
nightmare, and they awake from their
fretful slumbers moaning. Ben Ill
man Ben Tlllman'. If counsel for the
appellant have caught the malady-it
is known or its native heath as anti
Til!manism,' and it manifests itself IN
varying degrees of virulance;if counsel
for the appellant, l say, have become
inoculated with the malady, am not
surprised that in all the acts of the
State they should see nothing but Ben
Tillman'
MIR. Johnson's argument closed at 2
o'clock. The case will be CO ntinued to
morrow by Judge Hall for the appel:
iant and by Mr.. Smith for the appellee.