Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-03-03
IN THE COURT OF APPEALS
OPINIONS IN SIXTEEN CASES
HANDED DOWN TODAY.
Decision Affecting District Plumbing
Regulations Regarded as
Important.

Gently heard. Twelve judgments of the
lower courts were affirmed. three were
reversed and one appeal was dismissed.
The court in a decision by Mr.. Justice
Robb reversed the order of the Distict
Supreme Court and directed writ of
mandamus to issue against Edward b.
Moore commissioner of patents, to en-
force a former ruling i'm the patent office
and to vacate certain proceedings there in
connection with patents issued to E. c.
Newcomb and assigned to the Newcomb
Motor Company.
The equity court had denied the petit
ton for mandamus. Justice Robb held
that in this case an attack not authorized
by law had been made against the ap-
pellant's patent and had necessarily i'm
paired the patent. AS there is no other
adequate and speedy remedy. it is de-
clared. the appellant is entitled to the
relief prayed.
court reversed the judgment of the
Police Court and set aside the conviction
of Marion L. Garrison and Walter Ed
wards, who were charged with the viola
ton of an act of Congress approved In
June. 1893. The men named. November
l. 1907, made connection of hot-water
heater and boiler for heating water for
domestic purposes in Congress Hall Hotel
without first having obtained license
or being in the employ OF HceHSeo
master plumber.
The court. holds this is not plumbing
work as contemplated by the statute. III
the employer could be prevented, declares
the court, from sending men IN his EN-
ploy to connect the parts of the heater
in the hotel building, the law would like
wise prevent the performance OF the
same work at his factory or shop before
being removed to the building to become
a part of its plum bling system.
Co1I0 10
opinion declares. no one would be allowed
to manufacture heating device In which
the parts were connected by pipes, with
out first securing plumbers license.
In setting up the heating apparatus. de-
PENDANT did not attempt to connect it
with the water pipes or with the service
in the building, or with the water mains.
This was left to the persons charged with
the plumbing work on the building.
I'VE are of the opinion" concluded JUS
tice Van Orsdel. that the statute will
not admit of so narrow a construction
as Is sought to be placed upon it by. the
corporation counsel, and that the Police
Court erred in rendering judgment against
the defendants
Benefits of Alley Opening.
Declaring that persons assessed for ben.
efits in connection with the opening of al
leys in the District must appeal from a
verdict confirming an award of a Jury
within the time fixed by law Chief Justice
Shepard today dismissed the appeal of
Frederick w. Behrens and others The
commissioners instituted proceedings De-
cember 21 1906. to condemn land neces-
sary for the opening of an alley through
squares 266S and 1853, and an award of the
jury was filed February 8, 1907. No ex-
ceptions having been filed the verdict was
confirmed March 49, 1907. Eleven persons
whose lands had been assessed for bene-
| fits May 81. 1907. filed motion to vacate
the order confirming the verdict on the
ground that the statute under which the
proceeding had been maintained was UNI
constitutional. The court holds that the
objection is well taken that the motion to
vacate was filed after the time, for taking
an appeal from the original order had
| elapsed.
| The action of the District Supreme
Court was affirmed by the Appellate Court
| in the following cases: George W. Blank
I;ensllip and Lloyd I. Everett against Ed
ward o. Cowling; Charles c. Patterson
against George Barrie & Sons; Mary A.
Dobbins against Alice E. Thomas. exec
utrix of the estate of Frank II. Thomas,
and the Cunningham Manufacturing Com
pany against the Photograph Company.
Conviction Of J. H. Johnson.
| The Appellate Court also affirmed the
| conviction of James H. Johnson in the Po-
lice Court under an information alleging
that August 9, 1907 he cruelty worked and
caused to be worked a horse having a
sore shoulder, in violation of an act of
the late legislative assembly of the Dis
| trict of Columbia. approved August %,
| 1871. The court held the section to be a
police regulation and to have been saved
from the effect of section 1886, the repeal
ing section OF the code. The opinion was
rendered by Mr.. Justice Robb.
The decision of the commissioner of
patents was upheld by the Court of APP
in nj
Refining Company agt Nathan Manufac-
| turing Company, Michigan Condensed
Milk Company agt. Kenneweg Company,
Charles l.. Fennef agt. John L. Blake
| agt the Peters Cartridge Company,
Brown Forman Company agt. Beech Hill
| Distilling Company George j. Meth agt.
MILFORD I. Dinner and John F. Dinner agt.
same The commissioners decision was
| reversed in the case of Nelson Weeks agt.
Io,n n Dale