CHAPTER 40.-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 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, merchan dise or other product of labor contained in any box, case, can or package 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 or 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 a 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 1 of this act, may file the same for record in the office of the secretary of the Territory of Oklahoma 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 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, 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.

SEC. 4. Any person who shall for himself, or on behalf of any other person, associa tion 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 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 manufacture, use, sale or display, as may be by the

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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.

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.

SEC. 8. This act shall take effect and be in force from and afte its passage and approval.

Approved March 11, 1897.

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:

MILWAUKEE, WIS.-July 19, 1897. Contract with F. P. Gleason & Son, Chicago, Ill., for plumbing and gas piping, including marble work, plastering, etc., in toilet rooms in post-office, court-house, and customhouse, $27,603.36. Work to be completed within two hundred and

twenty-six days.

FORT WORTH, TEX.-July 23, 1897. Contract with Smith & Bardon for fitting up toilet room in basement, additional rooms in attic, etc., of post-office, $4,219. Work to be completed within ninety days.

SAN FRANCISCO, CAL.--July 26, 1897. Contract with San Francisco Bridge Company for excavation, sewer, and temporary drainage, and concrete and steel foundations of post-office, court-house, etc., $36,830. Work to be completed within four months.

MILWAUKEE, WIS.-July 28, 1897. Contract with Hennessy & Cox, St. Paul, Minn., for interior finish, mosaic tiling, etc., in post-office, court-house, and custom-house, $263,975. Work to be completed within twelve months.

OMAHA, NEBR.-July 28, 1897. Contract with B. J. Jabst for approaches to post-office, court-house, and custom-house, $19,000. Work to be completed within three months.

OMAHA, NEBR.-July 31, 1897. Contract with Oby & Co., Canton, Ohio, for boiler plant, low pressure and exhaust steam heating and mechanical ventilating apparatus for post-office, court house, and custom-house, $35,645. Work to be completed within one hundred and fifty days.

CLARKSVILLE, TENN.-Aug. 10, 1897. Contract with Chas. A. Moses, Chicago, Ill., for erection and completion, except heating apparatus, of post-office, $32,363.50. Work to be completed within ten months.

PATERSON, N. J.-Aug. 18, 1897. Contract with Chas. A. Moses, Chicago, Ill., for erection and completion, except heating apparatus, vault doors, and tower clok, of post-office, $100,887. Work to be completed within eighteen months.

In Bulletin No. 3, for March, 1896, attention was called to certain erroneous statements being circulated in the press relative to produc tion. The effect of the note convinces me that it is wise now and then to use the pages of the Bulletin to correct false statements given on the alleged authority of the official reports of the Department of Labor. And so, hereafter, whenever the official reports of the Department are used as authority to support false statements, attention will be called to them and the correct figures published.

During the last six months the following statement has appeared in newspapers and been attributed to the Commissioner of Labor:

Two hours and fifteen minutes' daily work by each able-bodied man, if systematically applied, would produce all the food, clothing, and shelter the people need.

The above statement sometimes appears in another form, as follows, and is attributed to the Department of Labor, or to the Commissioner of Labor:

In 1890 the labor force of the United States, working thirty-seven and one-half days each year, could produce all the luxuries and necessities used by the population of the United States.

The foregoing statements have been very widely published and have resulted in considerable correspondence seeking to know whether or not the Department has been correctly quoted. Neither of them emanated either from the Commissioner of Labor or from any of the official documents of the Department.

Another erroneous statement relating to the number of strikes in the United States appears in some of the most reputable papers in the country. It is as follows:

It is impossible to find the source of this table or the disjointed and fragmentary facts from which it could possibly have been constructed. In the Tenth Annual Report of the Commissioner of Labor (1894), relating to Strikes and Lockouts, Volume I, page 16, there appears the following table which contains the correct figures:

STRIKES, BY YEARS, JANUARY 1, 1881, TO JUNE 30, 1894.