Evening star., 1908-02-04
COURTESY FROM CHILE BY COURT OF APPEALS
OPINIONS HANDED DOWN IN
LECUYER AND OTHER CASES.

The Court of Appeals of the District OF
Columbia. in an opinion by Mr. Justice
Robb today affirmed the order of Chief
Justice Clabaugh of the District Supreme
Court directing the writ of mandamus to
issue against the excise board of the Dis
trict of Columbia. requiring the issuance
OF a hotel barroom license to Thomas b.
LeCuyer at 1413 Pennsylvania avenue
northwest.
Congress, in passing the excise laws.
Justice Robb declares, was careful to pro-
tect the public against unworthy licenses
by inserting the last prQvisO in section ),
which makes it the duty of the board to
revoke license upon a conviction of
such licensee of keeping a disOrderly or
disreputable place" BY conviction, he
says. is meant a conviction before some
judicial tribunal having jurisdiction of the
offense. The 9roviso does not mean that
the board may determine the question.
Section Is goes step further and Ordains
that if licensee is twice convicted during
the year for violating the terms Of his
license no license shall thereafter be
granted to him.
1T appearing" the opinion concludes.
that the petition of the applicant was
regular in form. and that all the re-
quirements of the law had been salts
fed: and 1t further appearing that the
keeping disorderly place. hor twice
convicted during the preceding license
year of violating the terms of his
license. we think it follows that the
duty of the board in the premises was
a mere ministerial one. and that in re-
fusing the application they exceeded
their authofty.'
Action on Patent Appeals.
The Appellate Court. in an opinion by
Mr.. Justice Robb, affirmed the decision
of the commissioner of patents in the
matter of the application of the S. c.
Herbst Importing Company for the reg
istration of a trade mark. Chancellor
Club" for cocktails. The commits
sioners decision was. also affirmed in
these cases:
In the application of Joseph ID. La
Croix for an improvement in cigar
bunch making machines. Opinion by
Mr.. Justice Van OrSdel.
In the application Of Peter r. Warren.
for Improvement in paper box liner; opin-
ion by Mr.. Justice Robb.
In the application of Thomas A. Edison
improvement in screening plates; opinion
by Chief Justice Shepard.
In the application of the Crescent Type
writer Supply Company: for registration
Of trade mark for i-k ribbons and car
bon paper; opinion by AIR. Justice Van
Orsdel.
In the appear OI Jesse q. bTdunSte1Q aHI.
Fletcher b. Holmes: concerning a patent
for explosives and the process of making
them: opinion by Mr.. Justice Van Orsdel.
In the application of Paul +. Droop for
Improvement in playing bail for tennis
and other games. and the method of COW
erng and initiating them: opinion by Mr..
Justice Robb
On the appeal of the Peter Schoenhofen
Brewing Company ast. the Maltine Com
pany ior the registration OF trade mark
for lager beer: opinion by Mr. Justice Van
Orsdel.
On the appeal of the Natural Food Com
pany ast. William r.. Williams. registra-
ton of trade mark for biscuit OF cracker:
opinion by Mr.. Justice Robb.
The only reversal by the court was i'm
favor of r.. McIlhennys Sons. who ap-
pealed from a decision of the commission
er of patents in favor of the New Iberia
Extract OF Tabasco Pepper Company The
Subje t-m.ttter of the controversy is the
cancellation Of. II trade mark registered
April =. 1916, for peppersauce. The
courts opinion was written by Mr.. JUS
tice Itobb.