- (1.) We have read the judgment and order which is under appeal. What is involved is, basically, a question of fact. It is contended that the appellants had asked for a third test, to be conducted by the Chief Chemist, which had not been granted. It does appear that they had asked for a third test, by the Chief Chemist. But the question is whether the authorities were bound to grant their request. Nothing has been shown to us which obliged to the authorities to do so. No interference with the judgment and order is called for and the appeal is dismissed. There shall be no order as to costs.;