The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-10-11
HIDDEN TAG PLAN
CALLED LOTTERY
Federal Court of Appeals De-
cides Against Bohannon in
Government Suit.
HAD TO FIND PRIZE PLUG
Five Opinions Handed Down on
Opening Day Of Fall
Term.

That box of tobacco of 100 pieces.
in which was imbedded in one of the
cuts. a tag redeemable for so cents
In cash. was held to be lottery yes
: terday In an opinion handed down
by Judge Keller. In the United States
Circuit Court of Appeals, which opened
for the October session. This decision
reverses the United States District
Court for Western North Carolina. at
StatesVille, in suit which was
brought by the government against t.
Nj. Bohannon manufacturer of tobacco
at Winston, n. c., and which was de-
cided in favor of the d. fendant
Through District Attorney A. e. Hol-
ton an appeal was taken, and. with the
reversal yesterday the case was re-
mandcd for a new trial.
One box of certain brand of to-
bacco manufactured by Bohannon was
seized under libel. The brand was put
up in siX-pound, underground and
eighteen pound boxes. containing re-
Spectirely. twenty. forty and sixty
plugs, each plug having imprints for
five cuts, this making the number of
cuts In a six-pound box. 100; in
meive-pouha box. eco and in an eigh-
teen-pound box, 300 These cuts wcr.
to be separated. that they might be
sold by the retailer but the lines of
separation were Superimposed upon
| the plugs in the factory. Within each
100 cuts was Embedded and concealed
. from View. small tin tag. There was
only one such tag in six-pound box,
put two in twelve pound box. and
three in an eighteen-p pound box. A
purchaser buying cut of this tobacco
containing tin tag was entitled to
nave the tag redeemed by the mann
facturer for the sum of so cents And
this is what Judge Keller held TO he
a lottery.
Other Opinions.
Other opinions handed down yes
terday were as follows:
No. 1910. Thomas W. Fleming and
Allison : Fleming. appellants. vs..
william NJ. Laws, appellee: appeal
from the circuit Court at Philippi. W.
va Opinion by Judge Conner, Re-
Hersed, with costs. and remanded.
No. 1929. Norfolk Southern Railroad
Company, appellant. VS.. j. T.. Talbot
appellee; appeal from the Circuit
o on,n at Kaleigh; n. G. Per curtain
opinion Affirmed. with costs.
No. 1890. George c. SturElss Nor
gantown and kingwood Railroad Com
pany. ct al. appellants and appellees
vs. JACOB Meurer, appellant and an
pciiee. and ". ]. Logan ct al, an
( pellees' cross appeals from the Dis
I trict Court at Clarksburs. w. Va.
opinion by Judge Boyd. Reversed. with
/ costs. and remanded
NO 1881. Norfolk and Atlantic Ter
minal Company. plaintiff in error, VS..
frank Rotolo defendant In error; in
error to the Circuit Court at Norfolk.
va. Opinion by Judge Boyd. Reversed,
with costs and remanded
The following judges were in at
tendance yesterday:
I Circuit Judge Nathan Gof. of Clarks-
burg, w. Va: Circuit Judge J. C.
Pritchard, OF Asheville. n. c.: District
Judge Edmund Waddill. Jr., of Rich
mond; District Judge James E Boyd.
of Greensboro. ~ c.. and District
Judge John c. Rose. OF Baltimore, Md
| The court will probably be in con-
ference session for the remainder of
| this week