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108 -- THE BANKRUPTCY L.A.W. -

trade—mark is apnrons iated, and the manner in which the trade—mark has been applied to the goods. The declaration should be in the ferm of an oath by the person, or bys a member of the firin, or by an Officer of the corporation, making the application, to the effect that the party has at the time of filing his application a right to the use of the trade—mark described in the statemen ; ; ; hat 1.0 other person, firm, or corporation has a right to such use, either in the ijentical form or in such near reserm brance thereto as might be ca, culated to decei"e; that Such trade-mark is used in law ful commerce with for eign nations on Indian Ch bes, one or more of which should be particularly named; and that it is truly represented on the fac—simile presented for regis– try. The oath may be taken within the United States before a mutary public, justice of the peace, or the judge or clerk of any c. urt of record, Jn any foreign country it amay be taken before toe secretary of a tegation or cons lar officer of the United States, or before assy person duly qualified by the laws of the country to administer oaths, whose official ch...racter shall be certified by a rep resentative of the United States having an official sea i. A fee of $25 is required on '..sing application, except in gases named in the following: Owners on trade—mar Rs for which protection has been | sought by registering then... in the Patent Office under the act of July 8, 1870 (declared ul; constitutional by the St. p1 eme Cov r t of the United States), may register the same *or the same goods, without fre, on compl.x, frce with the for 'going requirements. With each application qi this chai : cter a specific reference uo the date and number of \the former certificate is required. I, pplicants whose cases were filed under the act of 1879, either prior to or sance the decision of he Supreme Court declaring lot uncon— stitutional, which are now pending ber Jr. the office are advised to prepare applieations in conformity with the Haw and for “going rules. On the receipt of such an application. referring to the date of the or a former? Y filed, at] fees thereon will bo city Iy applied. Those who have paid on i y $10 as a first tee are advised that the law does not provide for a division of the legal fee of $25, and that the remainder of the entire fee is required hefore the application can be entertained

For details of Trade-Mark Registration Act, approved February 20, 1903, see pages 88–92 of this "... oxle. *

‘FHE BANKRKTPT4Y DAW P.

The Bankruptcy Lavo passed by both houses of the LV th Úongress and approved July 3, 1898, provides a "complete system for the administration of the affairs of bankrupts and the distribution of their property among their creditors, uniform throughout the United States and administered by the United States courts, in place of the different systems formerly in existence in the various States administered by State courts. In bankruptcy proceedings a bankrupt debtor may turm over all his property to the court to be administered for the benefit of his créditors, and then get a complete discharge from his debts. A bankrupt may of his own linotion offer to Surrender his property to the administration of the United States court and ask for his discharge in voluntary bankruptcy, or creditors may apply to the court to compel a bankrupt to turn over his n roperty i o be administered under the act for the benefit of the creditors in voluntary bankruptcy. The bankrupt who has ilārned over a #1 his property and COT) formed to the provisions of the act is on titled to

a judginent of court discharging him f Oso any fot Dre liability to his creditors. * Extended powers are given for tak, ng poss633ion of the assets, among others, i to allow and disabłow all claims against bankrū0t estates, appoint receivers and tài:3 the necessary measures for the preservation and charge of the porperty of a | fonkrupt; to arraign, try and punish bank opts, , ofticers , and other persons and i too agents officers, rn embers of the board of directors or trustees or other similar #63 ics of corporations for violation of , i.he act; to authorize the business of the tankrupt to be conducted for jimited periods; to cause, the assets to be collected and reduced to money and distributed, and Surstantially determine all controversies in relation thereto, to enforce obedience to lawful orders by fine or imprisonment, and to extradite bankrupts from one district to another, The proceeding once inaugurated by the aling of a petition by the bankrupt and the adjudication in bankrupt ey having been made, the Court proceeds to take charge of the bankrupt’s property, and , adjoinister the same for the benefit of the creditors, and determine all questions which may arise in regard to the rights of the bankrupt.gr the creditors, either as against to bankrupt or as between , themselves in aceqrdance, with the above preseribed powers. A trustee is appointed, either sojected by the creditors at a meeting called for tot purpose or, in case they sail to select a trustee, one is appointed by the Court. 1. Isis duty is to collect the property, realize on it in such, manner as may be for lo lost interests of all concerned, and ultimately, distribute, it among, the crediters in such proportions & S. they may be adjudicated to be entitled there to. As all i questione, both of law and fact, in relation to the property or, the rights of the Jarious parties snuso be decided in the bankruptcy proceeding, it is provided that referees be appointed, Wh9 aro charged with the duty of hearing the allegations and testimony of all parties and deciding all such questions that may arise. Each ease, * as it comes *p, is assigned to some referee, whose duty it is to adjudicate and pass | upon ass, such questions arising thereit, in the first instance, the right being reserved , # any parties to appeal, from the decision of the referee to the United States District Court. The duties of the referee are sobstantially of a judicial character, and he ...ries much the position of a judge of ory.o. oojo.o.o. opea!...o. tho Čo, and is required to take the some oath,0s. office as that preseribed for judges of the tonited states courts. By,'. Sectio 38 of the act, the refereo is invested with jurisdiction to consider all petitions referred to him by the clerks, make adjudications 01’ dismiss the petition; exercise the powers wested in. cGurts of bankruptcy for ths administering of oaths to ‘IT & the examination of witnesses, and for requiring the

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is and, in the absence of the Judge, to exercise all his powers for taking possession and | releasing the property of a bankrupt, and to perform such part of the duties of the

#| of appeal. . After the rights of all parties have been ascertained and determined, and H || the property, has been realized upon, it is distributed among the creditors. Provision #

|jority of his creditors agree upon some basis of settlement, the same, if approved by |

| Court, by virtue of its general powers, may refer such matters to the referee to take

| compensation such conimissions on amounts paid out by them as dividends as the

# the estate of the pendency of the proceedings, the payment and declaration Gf dividends #

H on all subjects arising in the course of the proceedings.

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FEDERAL LAsoft EAws. #09

production of documents in proceedings before him, except the power of commitrnent,

Courts of bankruptcy as they may prescribe by rules and orders- excepting only quieś- # tions arising on applications of bankrupts for compositions or discharges. o

All questions in regard to the property or assets or rights of (the creditors and # persons interested corne before the referee for determination, subject to the right

18 made in the act sor allowing bankrupts to compromise or settle with their credilorg by a proceeding known as composition proceedings, whereby, if a bankrupt and a sma

the Court, shall become binding upon all creditors. The decision of the question as to # the approval of compositions and granting discharges to a bankrupt from his debto is 8pecifically reserved by the act to the judges of the United States courts; but the

testinaony and report to the Court his opinion thereon. The aim of the act has been to make the expense of the proceedings depend largely upon the arraount of the property involved, and the corrupensation of the referees is fixed substantially at 1 per cent oft the amount distributed to the creditors in ordinary cases, where the assets are distributed by the Court, and one-half of 1 per cent in composition cases, and the trustees who have charg: Of the actual management of the bankrupt's property receive ag

Court may allow, not to exceed, however, 3 per cent on the first $5,000. 2 per cent on . the second $5,000, and 1 per cent on all sums in excess of $10,000. Detailed provisions are made in the act for giving notice to all creditors and other persons interested in and other matters, and providing methods whereby all parties interested may be heard

Some minor modifications were made in the application of the bankruptcy systern # by the act of Třebruary 5, 1963, a snending the act of 3 tasy 4, 1898,

ILAYBOR, HAWS C2F THE • UNHTED ST_AT;S.

The United States stailites at large provide for a Bureau of Łaboo or this Ospartment of Commerce and Labor, said bureau to be in charge of an office c designated the Commissioner of Labor. The general design and duties of the Hureau H, obor of Labor are to acquire and diffusc among the people of the United Commissioner. States useful information on subjects connocted with iábor, in the j. most & eneral and comprehensive sense of that word, and especially j upon its relation to capital, hours of labor, the earnings of laboring men and worner, aud the means of promoting their matcrí31, social, intellectual and moral prosperity. F The in sorrmation collected by the Cornróissioner is given to the public threough throe vehicles—an annual report, special reports (When in the judgment Crf the Corn missioner i: such reports are essential), and a pinion thiy , bulletin. , Heighteen annual reports, tes, special reports and fifty-five totalletins have been ptibiished. It is the duty of the Commissioner to collect and preserut in annual reports statistical detaiis relating to all deparirnents of labor in the Territory of Hawaii. o in an article entitled “Employer and Employe Under the Common Law,’’ putblished in the U. S. Lepartment of Labor Bulletin No. 1, pages 98 and 99, the common

o law on the subject of boycotting, as laid down by the courts, is # Boycotting, stated as follows: “Every one has the right to work or to refuse || to Work for Whorl and on what terms he pleases, or to refuse # to deal with whom she pleases; and a number of persons, if they have no # unlawful object in view, have the right to agree that they will not worse for if or deal with certain persons, or that they will not work under a sixed price or without # certain conditions The right of employes to re' use to work, either singly or in com— bination, except upon terms, and conditions satisfactory to themselves, is balanced by É the right of employers to refuse to engage the services of any one for any reason they # deem proper. The master fross six the wages, and other conditions not unlawful, upon which he will employ workmen, and has the right to refuse to employ them upon any other terms. . In short, both employers and employes are entitled to exercise the fullest H liberty in entering is to contracts of service, and neither party can hold the other rel # sponsible for refusing to enter into such contracts. It has been held, however, that f employers in Separate, independent establishments have no right to combine for the purpose of preventing workTnen who have incurred the hostility of one of them from securing employment upon any terms and by the method cornmonly known as black # listing debarring such Workmen from exercising their vocation, such a combination || being regarded as a Criminal conspiracy. On the other hand, a combination of em" | ployes having for its purpose the accomplishment of an illegal object is unlawful; for # instance, a conspiracy to extort morey from an employer by inducing his workmen to H leave him and deterring others from entering his serviet is illegal; and an association || which undertakes to coerce workmen to become members thereof or to dictate to era. H ployers as to the methods of terms upon which their business shall be conducted by ji means of force, threats or , intimidation, if..terfering with their trafilo or lawful era. ploy meat of other persons is, as te such purposes, an illegal combination. {Jr. lawfui interserence by employes, OT former employes, or persons acting in sympatay with H . them, with the business of a railroad company in the hands of a receiver renièrs the #: persons interfering liable to punishment for contempt of court.” o ... . The U. S. Statute? at Large provide that ‘ the service and erapieyment of all

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| lio - coPYRIGHT-INTERNATIONAL COPYRIGHT.

| laborers and mechanics employed by the Government of the United States, by the & * District of Columbia, or by any contractor or sub—contractor

| eight hours in any one calendar day. . Also, that it, shall be unlawful for any officer | of the United States, or , of the District of Columbia, or for any contractor or sub| contractor as above described, to require or permit any such laborer or mechanic to | work more than eight hours in any calendar day, except in cases of extraordinary | emergency. (Chap. 352, acts of Congress, 1891-'92.) In 1887 Congress provided by act || that eight hours should constitute a day’s work for letter carriers in clfies or postal districts connected therewith, and if any letter carrier should be employed a greater murmber of hours per day he should be paid 2xtra for the same, (Chap. 308, acts of || Congress, 1887–88.) Chap. 47, acts of Congress, 1887–88, directs the Public Printer to | enforce the eight—hour law in the department under his charge. r * - 1 persons of the Government service as per diem employes are allowed the fol- - lowing holiday 8, for Which they shall recoivé pay the same as | Holiday Pay. or other days: January 1, February 22, May 30 (Memorial Day), July | 4, first Monday in September, i.abor Day (to employees of the govern. ment Printing Office only), December 25, and such daye as the President may appoint |} as days for national thanksgiving, (Resolution No. 5, acts of Consoress, i., § and Resolution No. 6, acts of Congress, 1886-'87.) . An act of January 12, 1895, Chap. 23, ; Sec. 46, 28 Stat. 607; provides that Inauguration Day shall be a holiday, with pay, | for employes of the Government Printing Office. w ! Chap. 370, acts of Congress, 1897-’98, provides that when a controversy arises between a common carrier, engaged in interstate OT foreign commerce, and its em— - ployes, which interTupts or threatens to interrupt its business, Arbitration of the chairman of the Interstate Commerce Commission and the Labor Disputes. Commissioner of Labor shall, upon the request of , either party, communicate with the parties and try by mediation and conciliation to setiie the controversy, and if their effort8 are unsuccessful they shall then try to bring - about an arbitration of Said controversy; ... that if the effort at mediation as above does not succeed the controversy, may, by the consent of the parties, be submitted to the arbitration of a board of three persons, one to be named by the employing carrier, one to be named by the employes, and the third to be chosen by the two first named, or, if they cannot agree on any one, then by the chairman of the Interstate Commerce Commission, and the Commissioner of Labor; || that a majority of said arbitrators may make a Valid, and binding award, which must

the district wherein the controversy arose or the , arbitration was entered into, within thirty days from the date of the appointment of the third arbitrator; that the submission of the controversy shall be in writing and signed by both parties, and must be filed with the award and with a transcript of all the testimony; that these papers 50 filed in court with the award shall have the force and effect of a bill of exceptions; that the award shall be final and conclusive upon both parties unless set aside by the | court for error of law apparent on the record; that, the award shall go, into, practical operation and judgment shall be entered thereon at the expiration of ten days from the fining unless, within said ten days, either party shall file exceptions thereto for matter of law apparent upon the record; that at the explication of ten days from the judgment of the Circuit Court, upon exceptions taken as aboye, judgment shall be entered in accordance with the decision of the CouTt unless, within said ten days, either party shall appeal to the Circuit Court of Appeals; the decision of the Circuit Čourt of

award without giving thirty days’ notice in , writing, of their .intention, and that an | employer so dissatisfied, must not, on account, of said dissatisfaction, dismiss, an empjoye before the expiration of said three months Without giving the same notice; that ăuțing the pendency of such arbitration it shall not be lawful for the employer party to guìh arbitration to discharge employes, parties thereto, except for inefficiency, violation of jaw or neglect of duty, nor for the enployes to unite in, aid or abet strikes against said employer, and that for a period of three months after an award under

cept for the causes aforesaid, without giving thirty days’ notice in writing of his inisition so to do, nor for any employes, during a, like period, to, quit, the service of the employer without just cause without giving a like notice; that each member of such board of arbitration shall receive a compensation of $10 per day for the time he is actually employed and also his travelling and Other necessary expenses.

COPYRIGHT IN THE UNITED STATES. qJnder the International Copyright act (approved March 8, 18943_took effect July 1, 1891) any Ünited states citizen, or, any citizen or object, of a soro, nation, which grants copyright to United States citizens on substantially the same basis with its own citizens, may secure for twenty-eight years the sole liberty of printing, reprinting, pub

Gmposition, of publicly performing or representing it, or causing it to be :::::::::*:: Food by others, This term of security is renewable for fourteen years more, The right of citizens or subjects of a foreign nation to copyright in the tonited States, on January 1, 1896, had geo extended by Presidential proclamations to 3. Eitain, France, Germany, Italy, Spain, Portugal, Bo Peo.ao, Switz. oriana. On February 27, 1896, copyrigo benefits were extended to citizens of Mexico by proclamation of the president; on May 25, 1896, to citizens of Chili; on October ić, 353, to those of Costa Rica, and on November 20, 1899, to those of the Netherlands

| Hours of Labor, upon any of the public works of the United States, or of || x * the District of Columbia, shall be limited and , restricted to ||

be found and filed in the clerk’s office of the Circuit, Court of the United States for ||

| Appeals shall be final; that, employes, dissatisfied with the award must not quit the employer before the expiration of three months from and after the making of the

such an arbitration it shall not be lawful for an enployer to discharge employes, ex— ||

lishing, completing, copying, exeguting, finishing and vending his, Work; and, in case of ||

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|. THE WEATHEIR BUREAU. l 111

(Holländ) and possessions. A bill of Congress, signed by the President, January 6, 1897. makes an injunction against the unlawful production of a play obtained in a United + states District Court operative in all districts, instead of only in the one in which it is j granted, as formerly. It also makes the unlawful production of a play punishable by imprisonment, under certain conditions, To aid in having the law strictly complied with, so that no question can arise as to the validity of the entry recorded, and titat

promptly make the entries desired, and thus avoid delay through the necessity for correspondence, an application form has been prepared, which can be obtained by Laddressing Register of Copyrights, Library of Congress, Washington, D. C.” l , ' By application to the same office a pamphlet giving directions for Securing copyrights, etc., may be obtained. The law imposes a penalty of $100 upon any person who shaii insert , the notice of copyright, or words the same purport, upon any book or other at tick. which has not been copyrighted, thier such article be subject to copyright or other— wise; or who shall knowingly issue or sell any article bearing a notice of United Rtates copyright which has not been copyrighted in the United States; or who shall frnport any book, photograph, chromo or lithograph, , or other article bearing such notice of copyright or words of the Sarne purport, which is not copyrighted in this: gountry. The president of the Armerican Copyright League is Edmund Clarence, Stedman, and the secretary is R. U. Johnson, No. 33 East 17th—st., New York

City, N. Y. m
- weath ER BUREAU FORECASTS AND STORM war.NiMGs.

, , ... The Weather. Bureau furnishes, when practicable, fot the banafit of all interests dependent upon weather conditions, the “Forecasts" , which are prepared daily at the Central Office in Washington, D. Q., and certain designated stations. These forecasts are telegraphed to stations of the Weathel Bureau, railway officials, postmasters, and many others, to be communicated to the public by means of flags or steam whistles. The flags adopted for this purpose are five in number, and of the forms and colors, .indicated balo W . - * * to . ‘. * . . * - EXPLANATION OF WEATHER FI, AGS, No. t. No. 2. White Flag, Blue Flag,

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3, - - w i " . . * * * Clear or fair - Rain or Locai Rain Texaperature. Cold Wave. weather. Snow. , or Snow. - - When No. 4 is placed above No. 1, 2, or 3. it indicates W8 to er: Wri - * * * * * to *~ Trúer; Włł es: * colder; when not displayed, the temperature is expected : Temain about o: During the late spring and early fall the cold wave flag is also used to iridicate an—

ticipated frosts. * EXPLANATION OF WHISTLE SIGNALS,

attention. After this warning the longer blasts (of from four to six seconds' du Talt refer to weather, &nd shorter biasts (from one to three seconds. ão) jo temperature; those for weather are sourded first. - . .

Blasts. Indicate. Blasts. Indicate. One long. . . . . . . . . Fair weather. One short. . . . . . . . . . Lower temperature Two long. . . . . . . . . Rain or Snow. TWO short. . . . . . . . . . Higher terriperature, Three long. . . . . . . . Local rain or Snow, Three short . . . . . . . . Cold wave.

By repeating each combination à few times, with intervais of ten seconds. iiahili to error in reading the signals may be avoided. As far as pocoa: o #o messages, will be teleBraphed at the expense of the Weather Büreau; but if this is irn— practicable, they will be furnished at the regular commercial rates and Sent "cofieśt ., { In no case will the forecasts be sent to a second address in arly place, except at the expense of the applicant. Persons desiring to display the flags or sound the whistle signals for the benefit of...the public should gommunicate with the weather to: officials in charge of the climate and crop service of their respective states the central stations of which are as follows: Montgomery. Ala., Phoenix, Ariz.: Little "Rock Aoi. n San Franciso. of Poor, Col. , Jacksonville, Fla.; Atlanta, Ga. Bôo.” Idaho: Springfield, Ill., Indianapolis, Ind;: Pos Moines, Iowa; Topeka, Kan., flou isole Ky. ; New-Qrleans, Lo: Bălțimore, Md. (for. Delaware and Maryland); Boston. Moss (for New-England); Grand Rapids, Mich. ; Minneapolis, Minn.; Vicksburg, Miss.: Columbia Mo.; Helena, Mont. i. Lincoln, Neb.; Carson City, .Ney. ; Atlantic City, N.J.; Santa #. § Mothaea, N.Y.; Rajeigh. S. C. §smaś. N. 'Io Shi. §. Qkla, (for Qklahoma and Indian Territories); Portland, Öre.: Philadelphia, on...”. lurabia, S. C.; Huron, S, D.; Nashville, Tenn.; Galveston, Téx.: Salt Lake City, titah;

onne, Wyo.

, the application shall be in such a form that the Copyright Office can, upon its receipt, #:

A. Warning blast of from fifteen to twenty seconds' duration is sounded to attract H.

There are also storm &nd hurricane warnings, the combinations being made with

: Richfmond, Va.; Seattié, Wash.; Parkersburg, W. Vå. : Milwaukee, Wis.; ‘...] Ill? RAIN FALL, TEMPERATURE.

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a white triangular flag, a red, triangälar flag and a square red flag with a black square in the centre. The combinations follow : Storm Warnings.

Hurricane warning.

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(Flags with light lines red, squares in the centre black.)

Storm warning—-A red flag with a black centre indicates that a 3torm of marked violence is expected. The pennants displayed with the slags indicate the direction of the wind—red, easterly (from northeast to south); white, westerly (from Southwest to north). The pennant above the flag indicates that the wind is expected to blow sroom the northerly quadrants; below, from the southerly quadrants. . By night a red light indicates easterly winds, and a white above, a red, light, westerly winds.

Hurricane warning—Two red flags with black centres displayed one above the other indicate the expected approach of a tropical hurricane, or one of those extremely severe and dangerous storms which occasionally move across the lakes and Northerm Atlantic Coast. No night hurricane warnings are displayed.

RAINFALL AND TEMPERATURE IN THE UNITED STATES.

2 Prepared by United States Weather Bureau. The letters at the head of eagh, column indiote as follows: “M. A. R.,” mean annual rainfall (including snow melted), in

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2 Indicates temperature below zero. 2 Figures corrected to December 31, 1904.

HNDIAN SERVICE.
Different objects appropriated for in the Indian acts of 1903–04 and 3904–'05.

| 1904–'05. 1905–’ (96.

** * **** Contingent expenS&S. . . . . . . . . . . . . to e o e o 'o * a to a 4 m e o s $728,400 00 $751,600 00 §o o::::::::::::::: * * * * * * * * * * * * * | 3:33; ; 2.38.3% o Miscellaneous Supports, gratuities . . . . . . . . . . . . . . . . . . . . . . . . . . 343.570 94 585,000 00 Incidental expenses . . . . . . . . . . . . . . a s , , ; * * * * * * * * * * * * * * * * * * * $4,900 to $4,999 99 Support of schools . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ###$! 37.4%) go Miscellariedliš • * * * * * * * * * * * . . . . . . . e. e. * * * * * * * * * * * * * * * * * * * * • * * * * * o x 4 90 (96.2% 6] #ansas consolidated fund . . . . . . . . . . . . . . . . . . . . . . . " ' ' ' ' ' ' ' ' ' ' ' ' . . . . . & t < * * * * * 155,976 88

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Totals , , , , , , , , , , , , " " " ' " " *- • a , , , , , t t e t . . o f * * * * * * * * * * * * * sol

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