« ForrigeFortsett »
the complainant in such suit, such damages, resulting from such wrongful manufacture, use, display, or sale, as may by said court be deemed just and reasonable, and shall require the defendants to pay to such person, association, or union the profits derived from such wrongful manufacture, use, display, or sale; and such court shall also order that all such counterfeits or imitations in the possession or under the control of any defendant in such case be delivered to an officer of the court or to the complainant to
be destroyed. Unauthorized SEC. 4911 (as amended by chapter 151, Acts of 1907). Every use of label ;
person who shall use or display the genuine label, trade-mark, term, design, device, or form of advertsiement of any such person, association, or union, which shall have been duly recorded as here inbefore provided, in any manner not authorized by such person, union, or association, knowing that such use or display is not so authorized, shall be fined not less than one hundred nor more than two hundred dollars, or imprisoned not less than three months nor more than one year, or both. In all cases where such association or union is not incorporated, suits under sections 4907 and 4910 as amended, section 4912, and this section may be commenced and prosecuted by any officer or member of such association or
union, in behalf of and for the use of such association or union. of name SEC. 4912. Every person who shall in any way use the name or seal.
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, and knowing that such use is unauthorized, shall be fined not less than one hundred nor more than two hundred dollars, or imprisoned not less than three months nor more than one year, or both.
Laws of the same general effect are found in the following States:
Texas.-Revised Civil Statutes of 1895, sectious 318C, 318d; Penal Code, sections 918d, 918e.
Utah.—Compiled Laws of 1907, sections 2720 to 2723, 4482, 4483.
RIGHT OF ACTION FOR INJURIES CAUSING DEATH.
Under the common law, while an injured person who survived the accident might recover damages from the person or persons whose negligence caused the same, no recovery was allowed where the injury resulted in death. The reason given was that “there is no mode of estimating compensation for the death of a man.” An English law of 1846, known as “ Lord Campbell's Act,” gave to surviving beneficiaries a right to sue for damages suffered by the death of the injured person, and laws of this kind now exist in most of the jurisdictions of the United States. While not labor laws in form, one of the most important if not their principal application is to cases of injured employees whose surviving dependents are given thereby a right of action which they would not otherwise have.
The legislatures of the several States are not uniform in their enactments as to whether or not punitive or exemplary damages are recoyerable under their acts, but only such rights can be enforced as the statutes provide. The amount recoverable is fixed by the statutes of some States, while New York, Oklahoma, Pennsylvania, Utah, and Wyoming declare in their constitutions that the amount recoverable shall not be restricted. Expressions frequently used are “such damages as may be fair and just,” or “such damages as the jury may assess.” Of the States fixing a maximum, that of Massachusetts is the lowest, $4,000, though the sum may be $5,000 if there was conscious suffering prior to the death. Porto Rico has a limit of $3,000. The largest limit named is $10,000, which is fixed by the laws of the District of Columbia, Illinois, Indiana, Kansas, Missouri, Ohio, Virgina, West Virginia, and Wisconsin. In Oregon the amount recoverable is limited to $7,500 and in New Hampshire to $7,000. Arizona, Colorado, Connecticut, Maine, Minnesota, and Wyoming limit recovery to a maximum of $5,000. In the other States no sum is named.
The time within which the action must be brought is generally fixed, ranging from six months in Porto Rico to three years in Montana. Sixteen States have a limitation of one year and 25 of two years.
Persons properly classifiable as beneficiaries must be found to bring the action, the persons so named by the English act being the wife, husband, parent, or child of the deceased person. In most States, however, the use of the words “ personal representatives” implies a less restricted class of beneficiaries, though the action is for the benefit of the heirs, and the amount recovered is in most instances not liable for the debts of the decedent.
The law of the District of Columbia on this subject (sections 13011303, Code of 1901) is presented in full as a type of this class of laws:
Injuries causing death. Right of ac- SECTION 1301. Whenever by an injury done or happening within tion.
the limits of the District of Columbia the death of a person shall be caused by the wrongful act, neglect, or default of any person or corporation, and the act, neglect, or default is such as would, if death had not ensued, have entitled the party injured, or if the person injured be a married woman, have entitled her husband, either separately or by joining with the wife, to maintain an action and recover damages, the person who or corporation which would have been liable if death had not ensued shall be liable to an action for damages for such death, notwithstanding the death of the person injured, even though the death shall have been caused under circumstances which constitute a felony; and such damages shall be assessed with reference to the injury resulting from such
act, neglect, or default causing such death, to the widow and next Amount re- of kin of such deceased person: Provided, That in no case shall coverable.
the recovery under this act exceed the sum of ten thousand dollars : And prorided further, That no action shall be maintained under this chapter in any case when the party injured by such wrongful act, neglect, or default has recovered damages therefor
during the life of such party. Limitation. SEC. 1302. Every such action shall be brought by and in the
name of the personal representative of such deceased person, and
within one year after the death of the party injured. Distribution. SEC. 1303. The damages recovered in such action shall not be
appropriated to the payment of the debts or liabilities of such deceased person, but shall inure to the benefit of his or her family and be distributed according to the provisions of the statute of
distribution in force in the said District of Columbia. Following is a list of the various States, etc., having laws on this subject:
Alabama.-Code of 1907, sections 2485, 2486, 4839.
Michigan.-Compiled Laws of 1897, sections 6308, 6309, 6389, 6390, 10427, 10428.
Minnesota.-Revised Laws of 1905, section 4503.
Missouri.—Revised Statutes of 18999, sections 2864 (amended by act, page 135, Acts of 1905), 2865, 2866 (amended by act, page 135, Acts of 1905), and act, page 137, Acts of 1905.
Montana.-Code of Civil Procedure, sections 514, 578, 579.
New Jersey.-General Statutes of 1855, page 1188, sections 10, 11 (amended by chapter 149, Acts of 1907).
New Mexico.—Compiled Laws of 1897, sections 3214, 3215.
New York.-Constitution, article 1, section 18; Birdseye's Revised Statutes,
North Carolina.—Revisal of 1905, sections 59, 60.
Porto Rico,-Revised Statutes of 1902, sections 324 to 327; Code of Civil Procedure, section 61.
Rhode Island.-General Laws of 1896, chapter 233, section 14.
Texas.--Constitution, article 16, section 26; Revised Statutes of 1895, articles 3017 to 3027; Acts of 1897, chapter 14.
Utah.—Compiled Laws of 1907, sections 2873, 2878, 2911, 2912.
HOURS OF LABOR ON PUBLIC ROADS.
The laws designating the hours of labor on public roads apply principally to the working out of taxes, and relate less to the employment of labor than to the regulations adopted by the people through their representatives for the determination of the time of their own service in this particular. They are significant, however, as indicating what is considered a day's labor in a form of public work, though they establish a minimum day rather than fix a limit beyond which labor is forbidden.
The hours of labor prescribed by the laws of the various States, etc., which have laws on this subject are as follows:
Arkansas.-Digest of 1904, section 7306.
Missouri.-Revised Statutes of 1899, section 9696tt (added by act, page 273,
Montana.-Acts of 1903, chapter 44.
Oklahoma.—Statutes of 1893, paragraph 5726 (as amended by chapter 29, Acts of 1899).
Oregon.-Annotated Codes and Statutes of 1902, section 4836.
Not less than seven nor more than ten hours.
North Carolina.-Revisal of 1905, Section 2721.
South Carolina.-Civil Code, section 1355.
PUBLIC PRINTING TO BE DONE WITHIN THE STATE.
The provision found in the laws of a number of States requiring public printing to be done within the State is doubtless intended to favor local industry: In some States a proviso is added allowing bids from outside the State to be secured where the difference in cost would seem to warrant, or where there appears to be a combination in the State to maintain prices and prevent free competition.
The following States have laws directing printing to be done within the State:
Alabama.-Code of 1907, section 1657.
Arkansas.--Digest of 1904, section 6421 (as amended by act No. 270, Acts of 1905).
Colorado.-Mills' Supplement, section S04b.
Of these States the following make provision for bids from outside the State when one or both the conditions named above exist:
Alabama, Arkansas, Colorado, Idaho, North Dakota (allows a difference of 15 per cent), and Tennessee.
A number of States have special laws providing for the formation of cooperative associations for profit. So far as productive associations are concerned the intention of these laws is to provide for the formation of industrial undertakings by groups of persons associated to manage a business in corporate form, the labor of which shall be furnished largely or exclusively by the members themselves. The laws of the various States vary considerably in detail, but the essential features are so similar that no summary or digest is necessary.