Page:United States Reports, Volume 209.djvu/351

 NAT'L LIFE INS. CO. . NAT'L LIFE INS. CO. 09 U. 8. Opinlon oI the Court. "Attempts to secure the mail of an eetablished house, firm, or corporation through the adoption of a similar name should not be recognized. Where disputes arise between individuals, fir., or corporations as to the use of a name or designation, matter addressed to a street, number, or building should be delivered according to such address. When not so addreased the mail will be delivered to the firm or corporation which first adopted the name o! the address at th place." The Pot Office Department made a special order herein, following substantially that rule. The appeal made by tha complainant to the department was really nothing but an appeal to its discretion; complinunt could only have asked for the order beeanse, upon the whole, it was thought but fair and equitable that the corporation for which, in a great ma- jority of cesce, the letters were probably intended, should have them, although letters so addressed were in a number of .casee .intended for the corporation named on them. The court is now asked, in effect, to review and reverse that order, not because the complainant has a legal right to the delivery of all these letters, but only because, judging from the past, the numbers intended for complainant are mny more than those intended for defendant, even though all are addressed to the latter. The court is therefore asked to judge by the experience of the past, although in making the order asked for it inevi- tably directs the delivery of some letters to the wrong party, and in opposition to the address upon the letters. Assuming that the court'in some cases has the power to, in effect, review the determination of the department, we do not think this is an occasion for its exercise. The complainant is really appeal- bag from the discretion of the department to the discretion of the court, and the complainant has no clear legal right to ob- U.S. 106, 108. A court in such case ought not to interfere in the tration of a great department like that of the Pot Office by an injunction, which directs the department how to conduct

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