The morning news. [volume] (Savannah, Ga.) 1887-1900, 1894-01-05
r1LLmAN's TRADE MARK.
The Appeal of the Commissioner of
Patents Taken Up.


Washington, Jan. 4-The matter of the
registration of Gov. Tillman's trade mark
for the liquor dispensaries Of South Caro-
lima, was the subject of another legal con-
test to-day. The case came before the
district court of appeals on the applica-
ton of John S. Seymour, commissioner
of patents, who appealed from the
opinion recently rendered by Justice
Bradley granting writ of mandamus
requiring the commissioner to register
the trade mark. The commissioner was
represented by John l. Hall, and Levin
NJ Campbell, while j. Altheus johnson
and James Edgar Smith argued for the
trade mark.
Mr. Campbell opened the argument
with the presentation of two points He
contended, first. that the supreme court
was in error in revising and reversing the
decision of the commissioner, because
this decision was rendered in the per-
Torrance of a discretionary duty which
did not involve fraud or abuse of his
authority. Such a decision was not sub
ject to reversal by the court on the
petition for writ of mandamus The
commissioner had the unquestioned right
to investigate the ownership OF a trade
mark when it was in dispute as between
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 dis
pute as to ownership, as in the case at
the bar. Mr.. Campbell argued secondly,
that the supreme court was in error
in reversing the decision of the
commissioner of patents, the same
being correct, and ordering
writ of mandamus to issue to command
him to register the alleged trade mark of
the relator. In support of this he read
the law of South Carolina establishing
the dispensaries. This point and the
argument for the appellee was made by
Mr.. Johnson. His remarks, in brief,
were as follows:
Counsel for the appellent. If we may Judge
from the printed brief they have filed in this
cause seem not yet fully to have realized
that the APPELLEE in these proceedings is the
fondly cherished by the commissioner Of pat
ents when he passed upon theF original
application which had been fled 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 on their wrong. had as
sumed TO do in the name of the state This
notion seems still to have Judgment In the
mind Of the counsel for the commissioner.
They show it time and again in their brief.
There is disease among the political crit
les of the present regime In South Carolina
that causes the afflicted to speak of Ben
Tillman, as not only the executive branch of
the government, but the Legislative as well
and the major OF the judicial At
nerves and the mental vision, and
then the sufferers at the sound of every noise.
and the sight Of every object, cry out. ben
Tillman," ben Tillman,' and set up wall
of horror. When they lie down to sleep. the
fearful specter hangs over them as q night
mare and they wake from their
fretful slumbers moaning "Hen Till
man" ben Ttilman" If the counsel
for the appellant have caught the malady it
is known on its native heath as anti Till
manism, and it manifests itself in varying
degrees of virulence. If the counsel for the
appellant, 1 say, have become inoculated
with the malady, am surprised that in all
the acts they should see nothing but Ben
Tillman"
Mr. Johnson'sl argument closed at 2
o'clock. The case will be continued to-
morrow by Judge Hall, for the appellant,
and by Mr.. Smith, for the appellee.