names of the person, association or union on whose behalf such label, trade-mark, term, design, device or form of advertisement shall be filed; the class of merchandise and a description of the goods to which it has been or is intended to be appropriated, stating that the party so filing, or on whose behalf such label, trade mark, term, design, device or form of advertisement shall be filed, has the right to the use of the same; that no other person, firm, association, union or corporation has the right to such use, either in the identical form or in any such near resemblance thereto as may be calculated to deceive, and that the facsimile or counterparts filed therewith are true and correct. There shall be paid for such filing and recording a fee of one dollar. Said secretary shall deliver to such person, association or union so filing or causing to be filed any such label, trade-mark, term, design, device or Certificates. form of advertisement, so many duly attested certificates of the recording of the same as such person, association or union may apply for, for each of which certificates said secretary shall receive a fee of one dollar. Any such certificate of record shall, in all suits and prosecutions under this act, be sufficient proof of the adoption of such label, trade-mark, term, design, device or form of advertisement. Said secretary of the Territory shall not record for any person, union or association any label, trade-mark. term, design, device or form of advertisement that would probably be mistaken for any label, trade-mark, term, design, device or form of advertisement. False repre sentations. Enjoining etc. SEC. 4. Any person who shall for himself, or on behalf of any other person, association or union, procure the filing of any label. trade-mark, term, design or form of advertisement in the office of the secretary of the Territory under the provisions of this act, by making any false or fraudulent representations or declaration, verbally or in writing, or by any fraudulent means, shall be liable to pay any damages sustained in consequence of any such filing, to be recovered by, or on behalf of the party injured thereby, in any court having jurisdiction, and shall be punished by a fine not exceeding one hundred dollars, or by imprisonment not to exceed three months. SEC. 5. Every such person, association or union adopting or using counterfeiting, a label, trade-mark, term, device or form of advertisement as aforesaid, may proceed by suit to enjoin the manufacture, use, display or sale of any counterfeits or imitations thereof, and all courts of competent jurisdiction shall grant injunctions to restrain such manufacture, use, display or sale, and may award the complainant in any such suit, damages resulting from such manufac ture, use, sale or display, as may be by the said court deemed just and reasonable, and shall require the defendants to pay to such persons, associations or union, all profits derived from such wrongful manufacture, use, display or sale, and such court shall also order that all counterfeits or imitations in the possession or under the control of any defendant in such cause be delivered to an officer of the court, or to the complainant, to be destroyed. Unauthorized use. Use of name. SEC. 6. Every person who shall use or display the genuine label. trade-mark, term, design, device or form of advertisement of any such person, association or union, in any manner not being authorized so to do by such person, union or association, shall be deemed guilty of a misdemeanor and shall be punished by imprisonment for not more than three months or by a fine of not more than one hundred dollars. In all cases where such association or union is not incorporated, suits under this act may be commenced and prosecuted by an officer or member of such association or union on behalf of, and for the use of, such association or union. SEC. 7. Any person or persons who shall in any way use the name or seal of any such person, association or union, or officer thereof, in and about the sale of goods or otherwise, not being authorized to so use the same, shall be guilty of a misdemeanor and shall be punished by imprisonment for not more than three months, or by a fine of not more than one hundred dollars. ACTS OF 1899. CHAPTER 13.-Time to vote to be allowed employees. be allowed. SECTION 40. No person entitled to vote at any general, national, Four hours to Territorial or county election shall be employed upon the day on which such election shall be held in any manufacturing, mining, mechanical or mercantile establishment, or any railroad or corporation in this Territory during the period of four hours after the opening of any election in the county in which such person is entitled to vote, except as to works of necessity, in which works of necessity every employee shall be given some period of four hours between the opening and closing of the polls on said day; and any district court may enforce the provisions of this section in term time, or in vacation, by mandate, or otherwise, upon the application of any voter. Every officer of any corporation, owner, superintendent, overseer or foreman, who employs or permits to be employed any person in violation of this section shall be deemed guilty of a misdemeanor, and, upon conviction shall be fined not less than fifty nor more than five hundred dollars. OREGON. ANNOTATED CODES AND STATUTES-1902. TITLE 1.-Earnings of married women. Wife's earn SECTION 31. A wife may receive the wages of her personal labor, ings are sepaand maintain an action therefor in her own name, and hold the rate property. same in her own right, * as if unmarried. ** TITLE 3.-Exemption of wages from execution, etc. empt, when. SECTION 228 (as amended by act, page 26, Acts of 1903). The Thirty days' earnings of any debtor for personal services performed by such earnings exdebtor at any time within thirty days next preceding the service of an attachment, execution, or garnishment, amounting to the sum of $75, or less, shall be exempt from the effect of any such process when it shall be made to appear to the satisfaction of the court by the affidavit of such debtor, or otherwise, that such earnings are necessary for the use of the family supported wholly or partly by the labor of said debtor. TITLE 5.-Right of action for injuries causing death. SECTION 381. When the death of a person is caused by the Right acwrongful act or omission of another, the personal representatives crues when. of the former may maintain an action at law therefor against the latter, if the former might have maintained an action, had he lived, against the latter, for an injury done by the same act or omission. Such action shall be commenced within two years after the death, and the damages therein shall not exceed five thousand dollars, and the amount recovered, if any, shall be administered as other personal property of the deceased person. The right of action is based on the death of the injured person, not on the injury that caused it, so that the right of action exists though the decedent may have been instantly killed. 33 Oreg. 458. The action is for the benefit of the estate and not primarily of the next of kin. 21 Oreg. 459. Personal representatives may sue though there are no next of kin. 33 TITLE 15.-Wages preferred—In receiverships. Limitation. Wages to be SECTION 1083. Whenever the business or property of any person, company, or corporation in this State shall be placed by any court paid first. Order of pay mands. in this State in the hands of a receiver, whether upon foreclosure or creditor's bill, it shall be the duty of such receiver to report immediately to the court so appointing him, the amount due by said person, company, or corporation, at the date of such receiver's appointment, to employees and laborers of such person, company, or corporation; and it shall be the duty of said court to order the said receiver to pay out of the first receipts and earnings of said person, company, or corporation, after paying current operating expenses under his administration, the wages of all employees and laborers which had accrued within six months prior to the appointment of such receiver. It shall also be the duty of such court to order such receiver to pay the wages of all employees and laborers employed by him, at least once every thirty days, out of the first receipts and earnings of such person, company, or corporation while under his management; but should such receiver not take in sufficient moneys from the receipts and earnings of such person, company, or corporation to pay such employees and laborers, at least once every thirty days, then such receiver shall issue and deliver to each of such employees and laborers, upon demand, a receiver's certificate, showing the amount due such employee or laborer in money, which certificate shall draw interest at the rate of eight per cent per annum from the date of its issuance until paid; and such receiver shall thereafter pay such certificates out of the first moneys coming into his hands from the receipts and earnings of the properties under his charge in the order of their issuance. TITLE 16.-Wages preferred-In administration. SECTION 1212. The charges and claims against the estate which ment of de- have been presented and allowed, or presented and disallowed, but subsequently established by judgment or decree within the first six months after the date of the notice of appointment of the executor or administrator, shall be paid in the following order. and those presented and allowed or established in like manner within each succeeding period of six months thereafter, during the continuance of the administration, in the same manner: 1. Funeral charges; life. 2. Taxes of whatever nature due the United States; 4. Taxes of whatever nature due the State, or any county or other public corporation therein;. 5. Debts preferred by the laws of the United States; 6. Debts which, at the death of the deceased, were a lien upon his property, or any right or interest therein, according to the priority of their several liens; 7. Debts due employees of decedent for wages earned within the ninety days immediately preceding the death of the decedent; 8. All other claims against the estate. TITLE 19.-Negligence of employees on steamboats, etc. Negligence SECTION 1776. If any person or persons in control or manageendangering ment of a steamboat or other water craft shall willfully or negligently so conduct or manage said steamboat as to injure or destroy the property of another, thereby endangering human life, such person, upon conviction thereof, shall be punished by imprisonment in the penitentiary not less than one and not exceeding five years, or by fine of not less than five hundred and not exceeding one thousand dollars, or both. Counterfeiting labels, etc. TITLE 19.--Trade-marks, etc., of trade unions. SECTION 1841. Whenever any person or any association or union of workingmen has heretofore adopted or used, or shall hereafter adopt or use, any label, trade-mark, term, design, device, or form of advertisement for the purpose of designating, making known or distinguishing any goods, wares, merchandise, or other product of labor as having been made, manufactured, produced, prepared, packed, or put on sale by such person or association or union of workingmen, or by a member or members of such association or union, it shall be unlawful to counterfeit or imitate such label, trade-mark, term, design, device or form of advertisement, or to use, sell, offer for sale, or in any way utter or circulate any counterfeit or imitation of any such label, trade-mark, term, design, device, or form of advertisement. SEC. 1842. Whoever counterfeits or imitates any such label, Penalty. trade-mark, term, design, device, or form of advertisement; or sells, offers for sale, or in any way utters or circulates any counterfeit or imitation of any such label, trade-mark, term, design, device, or form of advertisement; or keeps or has in his possession, with intent that the same shall be sold or disposed of, any goods, wares, merchandise, or other product of labor to which or on which any such counterfeit or imitation is printed, painted, stamped, or impressed; or knowingly sells or disposes of any goods, wares, merchandise, or other product of labor contained in any box, case, can, or package to which or on which any such counterfeit or imitation is attached, affixed, printed, painted, stamped, or impressed; or keeps or has in his possession, with intent that the same shall be sold or disposed of, any goods, wares, merchandise, or other product of labor, in any box, case, can, or package to which or on which any such counterfeit or imitation is attached, affixed, printed, painted, stamped, or impressed, shall be punished by a fine of not more than five hundred dollars, or by imprisonment for not more than three months, or by both such fine and imprisonment. SEC. 1843. Every such person, association, or union that has Copies of la heretofore adopted or used, or shall hereafter adopt or use, a label, bels to be filed. trade-mark, term, design, device, or form of advertisement, as provided in section 1841, may file the same for record in the office of the secretary of state, by leaving two copies, counterparts or facsimiles thereof with said secretary, and by filing therewith a sworn application specifying the name or names of the person, association, or union on whose behalf such label, trade-mark, term, design, device, or form of advertisement shall be filed, the class of merchandise and a description of the goods to which it has been or is intended to be appropriated, stating that the party so filing or on whose behalf such label, trade-mark, term, design, device, or form of advertisement shall be filed, has the right to the use of the same; that no other person, firm, association, union, or corporation has the right to such use, either in the identical form or in any such near resemblance thereto as may be calculated to deceive, and that the facsimile[s] or counterparts filed therewith are true and correct. There shall be paid for such filing and recording a fee of one dollar. Said secretary shall deliver to such person, association, or union so filing or causing to be filed any such label, trade-mark, term, design, device, or form of advertisement so many duly attested certificates of the recording of the same as such person, association, or union may apply for, for each of which certificates said secretary shall receive a fee of one dollar. Any such certificate of record shall, in all suits and prosecutions under this act, be sufficient proof of the adoption of such label, trademark, term, design, device, or form of advertisement. Said secretary of state shall not record for any person, union, or association any label, trade-mark, term, design, device, or form of advertisement that would probably be mistaken for any label, trade-mark, term, design, device, or form of advertisement theretofore filed by or on behalf of any other person, union, or association; but the said secretary shall file and record under this act any label, trademark, term, design, device, or form of advertisement which may have been previously filed by any person or any association or union of workingmen, provided the person, association, or union seeking to file and record under this act is the same person, asso Certificates. repre False sentations. etc. ciation, or union that previously filed or recorded the same label, SEC. 1844. Any person who shall for himself, or on behalf of any Enjoining SEC. 1845. Every such person, association, or union adopting or Unauthorized use. Use of name. Attorney's fee. Attempting to influence vote. SEC. 1846. Any person who shall use or display the genuine label. trade-mark, term, design, device, or form of advertisement of any such person, association, or union in any manner, not being authorized so to do by such person, union, or association, shall be deemed guilty of a misdemeanor, and shall be punished by imprisonment for not more than three months or by a fine of not more than five hundred dollars ($500). In all cases where such association or union is not incorporated, suits under this act may be commenced and prosecuted by an officer or member of such association or union on behalf of and for the use of such association or union. SEC. 1847. Any person or persons who shall in any way use the name or seal of any such person, association, or union, or officer thereof, in and about the sale of goods, or otherwise, not being authorized so to use the same, shall be guilty of a misdemeanor, and shall be punishable by imprisonment for not more than three months, or by a fine of not more than five hundred dollars. SEC. 1848. In case the plaintiff is successful in maintaining his action either for damages or for permanent relief by injunction. or for nominal damages only, he shall be entitled to recover a reasonable attorney's fee, to be taxed by the court as a part of the costs and merged in the judgment. TITLE 19.-Protection of employees as voters. SECTION 1905. Any person or corporation who directly or indirectly uses any force, violence, or restraint, or inflicts or threatens to inflict any injury, damage, harm, or loss, or in any other manner practices intimidation upon or against any person in his or its employ, in order to induce or compel such person to refrain from voting at any election, or to vote or to refrain from voting for or against any person or persons, or for or against any proposition submitted to the voters at such election, or to place or cause to be placed, or refrain from placing or causing to be placed, his name upon a registry of voters, or on account of any person having so voted or refrained from voting at such election, or having registered or refrained from registering as a voter; or by abduction, duress, or any forcible or fraudulent device or contrivance whatso ever impedes, prevents, or otherwise interferes with the free exercise of the elective franchise by any such employee; or compels, |