Science: Law vs. Science

Juan J. Tomadelli, inventor and owner of “bottled sunshine” (TIME, Mar. 10), whom the Attorney General of New York State sought to enjoin from selling capital stock in his scientifically-suspected, self-feeding lamp, was upheld by ex-Supreme Court Justice New-burger, who, as referee, dismissed the proceedings. The opinion held that, although two illuminating experts had declared (without examination) that Tomadelli’s lamp violated well-known scientific principles, the burden of proof was on the plaintiff (the Attorney General) to show that the representations of the promoter were consciously false and made with intent to deceive.