TRADE-MARKS OF TRADE UNIONS. The laws of a number of States secure to labor organizations the right to register, use, and protect from counterfeit or unauthorized use the trade-marks or labels chosen by them to distinguish the products of union labor from other goods or manufactured articles. The law of the State of Connecticut on this subject is reproduced herewith, as being fairly representative of laws of this class: Trade-marks of trade unions. lawful. SECTION 4907 (as amended by chapter 151, Acts of 1907). When- Counterfeitever any person, or any association or union of workingmen, has ing, etc., unheretofore 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, worked upon, or put on sale by such person or association or union of workingmen, or by a member or members of such association or union, and shall have recorded such label, trade-mark, term, design, device, or form of advertisement as hereinafter provided in section three of this act, it shall be unlawful for any person or corporation 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 such label, trade-mark, term, design, device, or form of advertisement. Every person willfully and knowingly violating any provision of this section shall be fined not less than one hundred dollars nor more than two hundred dollars, or imprisoned not less than three months nor more than one year, or both. SEC. 4909 (as amended by chapter 151, Acts of 1907). Every such person, association, or union that has adopted or shall adopt a label, trade-mark, term, design, device, or form of advertisement, as aforesaid, may file the same for record in the office of the secretary of the state by leaving two copies, counterparts, or facsimilies thereof, with the secretary of the state. Said secretary shall deliver to such person, association, or union so filing the same a duly attested certificate of the record of the same. Such certificate of record, or a duly certified copy thereof, shall, in all suits and prosecutions under sections 4907, 4910, and 4911 as amended, and section 4912, be sufficient proof of the adoption of such label, trade-mark, term, design, device, or form of advertisement, and of the right of said person, association, or union to adopt the same. No label shall be recorded that would probably be mistaken for a label already of record. All records or certificates of the record of labels, trade-marks, terms, designs, devices, or forms of advertisement which may, prior to the passage of this act, have been made or delivered in compliance with, or in attempted compliance with, sections 4907 and 4909 of the General Statutes, are hereby validated and shall have the same force and effect as if made or delivered under and pursuant to the provisions of this act. Label may be filed. etc. Enjoining SEC. 4910 (as amended by chapter 151, Acts of 1907). Every such person, association, or union adopting a label, trade-mark, counterfeits, term, design, device, or form of advertisement, as aforesaid, and having duly recorded the same as hereinbefore provided, may enjoin the manufacture, use, display, or sale of any counterfeit or imitation thereof, or the sale of goods bearing any counterfeit or imitation thereof, either in its identical form, or in such near resemblance thereto as is calculated or liable to deceive; and all courts having jurisdiction thereof shall grant injunctions to restrain such manufacture, use, display, or sale, and shall award 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. SEC. 4911 (as amended by chapter 151, Acts of 1907). Every 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 hereinbefore 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. SEC. 4912. Every person 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, 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: Alabama.-Code of 1907, sections 7322, 7323. Arizona.-Penal Code, sections 314 to 318. Arkansas.-Acts of 1905, act No. 309. California.-Political Code, sections 3200, 3201. Colorado.-Mills' Supplement of 1904, sections 29851 to 2985s. Connecticut.-General Statutes of 1902, sections 4907 to 4912. Delaware.-Acts of 1899, chapter 266. Florida.-General Statutes of 1906, sections 3169 to 3172. Georgia.-Political Code of 1895, sections 1736 to 1741. Idaho.-Political Code, sections 635 to 637; Penal Code, sections 4950, 5000. Illinois. Revised Statutes of 1905, chapter 140, sections 1 to 7. Indiana.-Annotated Statutes, revision of 1901, sections 8693 to 8703. Iowa.-Code of 1897, sections 5049 to 5051. Kansas.-General Statutes of 1901, sections 7852 to 7857. Kentucky.-Statutes of 1903, sections 4749 to 4755. Louisiana.-Acts of 1898, act No. 49. Maine. Revised Statutes of 1903, chapter 40, sections 30 to 36. Maryland.-Public General Laws of 1903, article 27, sections 43 to 48. Minnesota.-Revised Laws of 1905, sections 5072 to 5076. Missouri.-Revised Statutes of 1899, sections 10365 to 10372. Montana.-Penal Code, sections 641 to 646. Nebraska.-Acts of 1905, chapter 90. New Hampshire.-Acts of 1895, chapter 42. New Jersey.-Acts of 1898, chapter 50. New York.-Birdseye's Revised Statutes, third edition, page 2092. Oregon.-Annotated Codes and Statutes of 1902, sections 1841 to 1848. South Dakota.-Political Code, sections 3190 to 3195. Texas. Revised Civil Statutes of 1895, sections 318c, 318d; Penal Code, sections 918d, 918e. Utah.-Compiled Laws of 1907, sections 2720 to 2723, 4482, 4483. Washington.-Codes and Statutes, 1897, sections 3621 to 3629. West Virginia.-Acts of 1901, chapter 5. Wisconsin.-Annotated Statutes of 1898, sections 1747a to 1747d, 4463a, 4464. Wyoming.-Revised Statutes of 1899, sections 2526 to 2531. 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 recoverable 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 1301– 1303, Code of 1901) is presented in full as a type of this class of laws: Right of action. Amount coverable. Injuries causing death. SECTION 1301. Whenever by an injury done or happening within 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 re- of kin of such deceased person: Provided, That in no case shall the recovery under this act exceed the sum of ten thousand dollars: And provided 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. Arizona.-Revised Statutes of 1901, sections 2764 to 2766. Arkansas.-Digest of 1904, sections 6289, 6290. California.-Code of Civil Procedure, sections 340, 377. Colorado.-Mills' Annotated Statutes, sections 1509 to 1511. Connecticut.-Acts of 1903, chapter 193. Delaware.-Revised Code, edition of 1893, page 788; Acts of 1897, chapter 594. District of Columbia.-Code, sections 1301 to 1303. Florida.-General Statutes of 1906, sections 3145, 3146. Georgia.-Code of 1895, sections 3828, 3829, 3900. Idaho.-Civil Code, sections 3133, 3165. Illinois. Revised Statutes of 1905, chapter 70, sections 1, 2. Indiana. Annotated Statutes, revision of 1901, section 285. Iowa.-Code of 1897, sections 3313, 3443, 3447. Kansas.-General Statutes of 1901, section 4871. Kentucky.-Constitution, section 241; Statutes of 1903, sections 6, 2516. Louisiana.-Civil Code, article 2315. Maine.-Revised Statutes of 1903, chapter 89, sections 9, 10. Maryland.-Public General Laws of 1903, article 67, sections 1 to 4. Massachusetts.-Revised Laws of 1902, chapter 106, sections 72 to 75, Michigan.-Compiled Laws of 1897, sections 6308, 6309, 6389, 6390, 10427, 10428. Minnesota.-Revised Laws of 1905, section 4503. Mississippi.-Code of 1906, section 721. Missouri.-Revised Statutes of 1899, 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 Hampshire.-Public Statutes, 1891, chapter 191, sections 8 to 12. New Jersey.-General Statutes of 1895, 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, Third Edition, page 934. North Carolina.-Revisal of 1905, sections 59, 60. North Dakota.-Revised Codes, sections 6785, 6789, 7686 to 7691. Oklahoma.-Constitution, article 23, section 7. Oregon.-Annotated Codes and Statutes of 1902, section 381. Pennsylvania.-Constitution, section 68; Brightly's Purdon's Digest, page 1603. 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. South Carolina.-Civil Code, sections 2851 to 2854. South Dakota.-Code of Civil Procedure, section 746. Tennessee.-Shannon's Code and Supplement, sections 4025 to 4029. 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. Vermont.-Public Statutes of 1906, sections 2839, 2840. Virginia.-Code of 1904, sections 2902, 2903, 2906. Washington.-Codes and Statutes of 1897, sections 4828, 4829. West Virginia.-Code of 1899, chapter 103, sections 5, 6. Wisconsin.-Annotated Statutes of 1898, sections 4219, 4224, 4255, 4256. 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: Eight hours. Arkansas.-Digest of 1904, section 7306. District of Alaska.-Acts of U. S. Congress, 1903-1904, chapter 1629. Indiana. Acts of 1905, chapter 167, section 95. Iowa.-Code of 1897, section 1535. Kentucky.-Statutes of 1903, section 4308. Mississippi.-Code of 1906, section 4416. Missouri.-Revised Statutes of 1899, section 9696tt (added by act, page 273, Acts of 1905). Montana.-Acts of 1903, chapter 44. Nebraska.-Compiled Statutes, edition of 1901, section 4581. Nevada.-Compiled Laws of 1899, section 474. New York.-Birdseye's Revised Statutes, Third Edition, page 1609. |