The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1904-05-18
TR AIDE MARK
CASE ARGUED.
Continental CO. Claims That the
Larus & Bro. Co Is
Infringing
PLUG TOBACCO IN EVIDENCE
A Worlds Fair Commissioner
Remuneration the Issue
in Case To-day

Tho United States Circuit Court of Ap-
peals was engaged yesterday listening
to arguments Of counsel in the case OF
tho Continental Tobacco Company vs..
Larus and Brother Company, OF this
city.
Tho Continental Tobacco Company the
present owner of the brand Of plug to-
hncco called master Workman" filed
bill OF complaint in the Circuit Court
of the United States seeking TO enJoih
the I.arus and Brother Company from
manufacturing, advertising and selling us
"Riclmond Best Navy" plug Of tobacco,
contcnding that the latter plug was 50
close an imitation Of the Master Work.
man" plug in size and shape of the plug
tn the color of the wrapper, IN the size,
shape and color Of the tags, character
and shading of the letters upon said tags
etc, as to show a fraudulent inten. on
the part Of the lLarus and Brother Com
pany to palm off it's said tobacco upon
consumers as and for the Master Work
man. and thus TO appropriate to ltsell
By fraud and false pretenses the trade
of tho Continental Tobacco Company III
that brand.
The cause is being argued before Judges
Golf, Morris and Purnell by "a. H.
Burroughs and j. Parker, of New York
for the appellant. and by John A. Coke.
Jr., and John Pickrcll. OF Richmond, FOR
tho appellees.
FOR ARGUMENT TODAY.
An interesting case set for argument
to-day is that Of the United States, appel
liant, VS.. James d. Butt, appellee, lnvolV-
ing the right9of Mr.. Butt to compensation
claimed by him as commissioner OF tne
Worlds Columbian Exposition at chi
cage. Commissioners from each state
and territory were named, Of whom Mr..
Butt was one Later he was appointed
by the commission as an auditor, and
served as such until October -, 1876.
ut a remuneration of Sc per diem for such
services. He now claims that the gov
eminent owes him for such service from
February go 1894, to October 20, 1896,
amounting in all to s556S, for which
amount he obtained a Judgment for In
tho lower court.
The case is now before this court on
a petition for an allowance of writ of
error which the lower court refused
to allow, on the ground that the appll-
cation for the same was not made within
six months from the date OF the judy
ment, as required by the act Of Con-
grcss, dated March 3, 1891.
Mr. Reese Blizzard. United States at
tOrney, represents. the Uulleu totdleS + III
the matter, and Mr.. James D. Butt, of
Washington, d. Co. appears for him
sell.
No $40. Lombard Steamship Company
ct all appellants, VS.. John Fl. Anderson,
appellee. Appeal from the District Court
OF Maryland. To he argued by Edward
l. Koontz for the appellant, and by George
Mister, for the appellee. Both counsel
are from Baltimore, Md.
No $40. Thomas w. McGregor, plaintiff
in error, VS.. The United States, defen-
dant in error. From the Circuit Court
at Baltimore Md. TO he argued by VIII
liam s. Bryan of Baltimore, Md, and
A. e. l.. Leckie, of Washington, D. c.,
for the appellant. and by John G. Rose,
United States attorney, Of Baltimore,
Nd, for the appellee.
No 543 Columbia, Newberry and Lau-
rens Railroad Company. plaintiff in err
ror. VS.. Cornelius r. Means, defendant
in error. In error to the Circuit Court at
Charleston S. C. To be argued by D.
w. Robinson, of Columbia, S. c., for the
plaintiff in error and by p H. Nelson,
of Columbia S. c., and j. f. Mcdonald,
of Winnsboro, s. c.. for the defendant In
crro: