shall not stop the fan except on the order of the mine manager or foreman, unless it should become impossible to run the fan or necessary to stop it to prevent destruction. He shall then at once stop it and notify the mine manager or foreman immediately and give immediate warning to persons in the mine. Approved by the governor March 6, 1897.

CHAPTER 47.-Trade-marks of trade unions, etc.

SECTION 1. Whenever any person, or any association or union of workingmen has heretofore adopted or used, or shall hereafter adopt or use, and has filed as hereinafter provided 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. 2. Whoever counterfeits or imitates any such label, 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 one hundred dollars, or by imprisonment for not more than three months.

SEC. 3. Every such person, association or union, that has heretofore adopted or used, or shall hereafter adopt or use, a label, trade-mark, term, design, device or form of advertisement, as provided in section one of this act, 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 or counterparts filed therewith are true and correct. There shall be paid, for such filing and recording, a fee of two dollars. 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, trade-mark, 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.

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 state, 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 exceeding three months.

SEC. 5. Every such person, association or union adopting or using a label, trademark, term, design, 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 manufacture, use, sale or display, as may be by the said court deemed just and reasonable, and shall require the defendants to pay such person, association or union all 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 cause be delivered to an officer of the court, or to the complainant, to be destroyed.

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 (100) 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 punishable by imprisonment for not more than three months, or by a fine of not more than one hundred dollars.

SEC. 8. Any person using the trade-mark so adopted and filed by any other person, or any imitation of such trade-mark, or any counterfeit thereof; or who shall, in any manner mutilate, deface, destroy or remove such trade-mark from any goods, wares, merchandise, article or articles, or from any package or packages containing the same, or from any empty or secondhand package which has contained the same or been used therefor, with the intention of using such empty or secondhand package, or of the same being used to contain goods, wares, merchandise, article or articles of the same general character as those for which they were first used; and any person who shall use any such empty or secondhand package for the purpose aforesaid, without the consent in writing of the person whose trade-mark was first applied thereto or placed thereon shall, upon conviction thereof, be fined in any sum not less than one hundred dollars, or by imprisonment for not more than three months, and the goods, wares, merchandise, article or articles, contained in any such secondhand package or packages shall be forfeited to the original user of such package or packages whose trade-mark was first applied thereto or placed thereon. The violation of any of the above provisions as to each particular article or package shall be held to be a separate offense.

SEC. 9. The word "person," in this act, shall be construed to include a person, copartnership, corporation, association or union of workingmen.

SEC. 10. Sections 3125, 3126, 3127, 3128, 3129 and 3130 of volume 1, Hill's Annotated Statutes and Codes of Washington, and all acts amendatory thereof, are hereby repealed.

Approved by the governor March 9, 1897.

CHAPTER 80.-Examination, licensing, etc., of plumbers.

SECTION 1. Any person, firm or corporation now, or that may hereafter be engaged in, or working at the business in cities of first class, this State, either as a master or employing plumber or as a journeyman plumber, shall first secure a license therefor, in accordance with the provisions of this act.

SEC. 2. Any person desiring to engage in or work at the business of plumbing, either as a master or employing plumber, or as a journeyman plumber, in any city of 5,000 or more, shall apply to the president of the board of health or other officer having jurisdiction in the locality where he intends to engage in or work at such business, and shall at such time and place as may be designated by the board of examiners hereinafter provided for, to whom such application shall be referred, be examined as to his qualifications for such business. In case of a firm or corporation, the examination or licensing of any one member of such firm or the manager of such corporation shall satisfy the requirements of this act.

SEC. 3. There shall be in every city of the first class, having a system of water supply and sewerage, a board of examiners consisting of the president of the board of health, the inspector of plumbing of said city or town, if any there be, and three members who shall be practical plumbers (two shall be master plumbers, one shall be a journeyman plumber); the president of the board of health and the inspector of plumbing shall be members, ex officio, of said board and serve without compensation: Provided, That in localities where the required number of plumbers can not be secured, such vacancies may be filled by the appointment of reputable physicians.

Said members shall be appointed by the board of health; if there be no board of health or health officer of said city or town, the mayor of said city or town shall, within three months from and after the passage of this act, appoint said board of examiners for the term of one year, said appointment to date from the first day of July, 1897, and thereafter annually, and said appointed members of such board shall serve without compensation: Provided, That if in any city or town there is no inspector of plumbing, said board of health shall appoint a fourth member of said board of examiners, who shall be a practical plumber, and whose term of office shall be the same as heretofore provided for said three members.

SEC. 4. Said board of examiners shall, within ten days after the appointment of said members, meet and organize by the selection of a chairman, and shall designate the time and place for the examination of applicants desiring to engage in or at the business of plumbing within their respective jurisdictions. Said board shall examine said applicants as to their practical knowledge of plumbing, house drainage and plumbing ventilation, and if satisfied of the competency of the applicant, shall so verify [certify] to the board of health. Such board shall thereupon issue a license to such applicant, authorizing him to engage in or at the business of plumbing, either as a master or employing plumber, or as a journeyman plumber. The fee for a license for a master or employing plumber shall be $5; for journeyman plumber shall be $1. Said license shall be valid and have force in district where issued, and shall be renewed annually upon payment of one dollar.

SEC. 5. The board of health of each city mentioned in section three of this act shall, within three months from and after this act, appoint one or more inspectors of plumbing (if such appointment has not already been made), who shall be practical plumbers, and shall hold office until removed by such board of health for cause, which must be shown. The compensation of such inspectors shall be determined by the city council of said city, and be paid from the treasury of their respective cities. Said inspectors so appointed shall inspect all plumbing work for which permits are hereafter granted within their respective jurisdiction, in process of construction, alteration or repair, and shall report to said board of health all violations of any law, ordinance or by-law relating to plumbing work, and also perform such other appropriate duties as may be required by said board.

SEC. 6. The board of health of each city of the first class in this State having a system of water supply and sewerage shall, within three months from the passage of this act, prescribe rules and regulations for the construction, alteration and inspection of plumbing and sewerage placed in or in connection with any building in such city or town, which shall be approved by ordinance by the council of such city or town, and the board of health shall further provide that no plumbing work shall be done, except in the case of repairs or leaks, without a permit being issued first therefor, upon such terms and conditions as such board of health of said city or town shall prescribe.

SEC. 7. Any person violating any provision of this act shall be deemed guilty of a misdemeanor, and be subject to a fine not exceeding fifty ($50) dollars, nor less than five ($5) dollars, for each and every violation thereof. The license of any master or journeyman plumber may be at any time revoked for incompetency, dereliction of duty or other sufficient causes, after a full and fair hearing by a majority of the examining board; but an appeal may be taken from said examining board to the State board of health, and license may be revoked by the examining board provided for in section three (3) of this act.

SEC. 8. All money derived from the licenses issued to applicants shall go to defray the expense of holding such examinations and other necessary expenses of the board of health at place where examination was held.

Approved by the governor March 16, 1897.

WEST VIRGINIA.

ACTS OF 1897.

CHAPTER 59.-Mine regulations.

SECTION 1. Sections one, two and three of chapter seventy of the acts of one thousand eight hundred and eighty-three, as amended and re-enacted by chapter fifty of the acts of one thousand eight hundred and eighty-seven, and as further amended and re-enacted by chapter nine of the acts of one thousand eight hundred and ninety, and as further amended and re-enacted by chapter twenty-two of the acts of one thousand eight hundred and ninety-three, entitled "An act concerning the ventilation and drainage of coal mines and for the protection of the lives of persons employed therein," be amended and re-enacted so as to read as follows:

The governor of the State, by and with the consent of the senate, shall appoint

one mine inspector for each of the four mining districts created by this act, and a chief mine inspector, who shall supervise and control the mine inspection of the State of West Virginia, and the chief shall have the power to call the assistance of any one of the other four mine inspectors to any district in the State of West Virginia in case of emergency. And shall keep the reports furnished him by the four mine inspectors, and in addition thereto he shall copy said reports in a book or books by him purchased and kept for the purpose, and he shall index the same, and said books shall be open for inspection upon the request of any citizen of the State, and upon the request of the governor or attorney-general of this State, said chief mine inspector shall lay said books and reports before either of said officers, and also maps of mines furnished him by said mine inspectors.

Any chief mine inspector who shall violate any of the provisions of this act, shall, upon conviction thereof, be fined not less than twenty-five nor more than two hundred dollars, and may, in the discretion of the court, be imprisoned in the county jail not exceeding one year.

And each of the four mine inspectors shall report in writing monthly to the chief inspector, the number and condition of all the mines inspected by him during each month. The chief inspector shall have power to remove any of the four mine inspectors mentioned in this act for causes heretofore mentioned in this act, and the governor of the State shall fill all vacancies caused by removal from office.

Mine inspectors created by this act shall hold their office for the term of four years, as hereinafter provided, unless they be sooner removed, as hereinafter provided. They shall continue in office until their successors in office are appointed and qualified.

Every person so appointed must be a citizen of West Virginia, having a practical knowledge of mining and properly ventilating and draining mines, and must be a coal miner of at least six years' experience as a miner in the coal mines, and he shall not, while in office, be interested as owner, operator, agent, stockholder, superintendent or engineer of any coal mine, and he shall be of good moral character and temperate habits. An inspector of mines shall be removed from office by the chief mine inspector of this State for incompetency, neglect of duty, drunkenness, malfeasance and for other good causes.

Vacancies in office of inspectors shall be filled by appointment by the governor of the State for the unexpired term.

Every person appointed inspector of mines shall, before entering upon the discharge of the duties of his office, take the oath before some person authorized by law to administer oaths, that he will support the Constitution of the United States and the constitution of the State of West Virginia, and that he will faithfully and impartially, to the best of his ability, discharge the duties of his office and file a certificate of his having done so in the office of the secretary of state, and he shall give a bond in the penalty of two thousand dollars, with sureties to be approved by the governor of the State, conditioned that he will faithfully discharge the duties of his office.

The salary of the chief inspector shall be twelve hundred dollars per annum and not more than three hundred dollars for expenses, and the other four mine inspectors shall have one thousand dollars salary, each, per annum, and not more than three hundred dollars for expenses. Such salary and expenses shall be paid monthly out of the State treasury; Provided, That before payment of traveling expenses shall be made to the inspector, he shall file an account of such expenses and make out and file with the auditor that they were accrued in the discharge of his official duties. On the first Tuesday in April, one thousand eight hundred and ninety-seven, and every four years thereafter, the governor of the State shall, with the consent of the senate, appoint one mine inspector for each of the four mining districts of the State created by this act, whose term of office shall begin when he has taken the oath of office and has given the approved bond, as required by this act, and whose term of office shall be four years, or until his successor shall be duly appointed and qualified. And it shall be his duty to visit each mine in his district at least once in every three months, and it shall be unlawful for any mine inspector to do any surveying for any mine owner or owners, during his term of office, and it shall be unlawful for any mine inspector to appoint any deputy or other person to do and perform any work required of such mine inspector, and it shall be his duty to personally perform the duties of his office hereunder.

Any mine inspector failing to comply with the requirements of this act, shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than one hundred dollars nor more than five hundred dollars, and be dismissed from office. The governor of the State of West Virginia, together with the chief mine inspector created by this act, shall divide the State of West Virginia into four mining districts. All acts and parts of acts, inconsistent with this act are hereby repealed.

Passed February 17, 1897. In effect ninety days from passage. Became a law over the governor's veto.

RECENT GOVERNMENT CONTRACTS.

[The Secretaries of the Treasury, War, and Navy Departments have consented to furnish statements of all contracts for constructions and repairs entered into by them. These, as received, will appear from time to time in the Bulletin.]

The following contracts have been made by the office of the Supervising Architect of the Treasury:

DETROIT, MICH.-March 8, 1898. Contract with William Wright Company, Detroit, Mich., for decorative painting of post-office, courthouse, etc., $11,333. Work to be completed within five months.

DETROIT, MICH.-March 8, 1898. Contract with A. Harvey's Sons Manufacturing Company, Detroit, Mich., for stokers and furnaces in connection with boilers for post-office, court-house, etc., $3,400. Work to be completed within four months.

PUEBLO, COLO.-March 9, 1898. Contract with Gardner Elevator Company, Detroit, Mich., for one hydraulic passenger elevator complete for post-office, $3,575. Work to be completed within three months.

MILWAUKEE, WIS.-March 24, 1898. Contract with Charles B. Kruse Heating Company, Milwaukee, Wis., for boiler plant, low pressure and exhaust steam heating and mechanical ventilating apparatus, etc., for post-office, court-house, and custom-house, $54,633. Work to be completed within one hundred and ten working days.

PHILADELPHIA, PA.-March 26, 1898. Contract with George L. Remington, Philadelphia, Pa., for storage vault for silver dollars for the United States mint building, $139,737. Work to be completed before January 1, 1899.

DENVER, COLO.-March 29, 1898. Contract with John A. McIntyre, Denver, Colo., for foundation, superstructure, and roof covering of the United States mint building, $247,874.09. Work to be completed within fifteen months.

MILWAUKEE, WIS.-April 5, 1898. tion Company, Milwaukee, Wis., for house, and custom house, $18,937. seventy-five days.

Contract with Bentley Construcapproaches to post-office, courtWork to be completed within

OMAHA, NEBR.-April 6, 1898. Contract with Joseph Barborka, Iowa City, Iowa, for tower clock and bell for court-house, custom house, and post-office, $2,760. Work to be completed within five months.

OMAHA, NEBR.-April 7, 1898. Contract with Crane Elevator Company, Chicago, Ill., for two electric passenger elevators, one electric mail lift, and one electric ash lift for court-house, custom-house, and post office, $8,500. Work to be completed within ninety days.