BUDGET FOR 1905-6.

The official statement of appropriations for the coming fiscal year, issued jointly by the Senate and House Committees on Appropriations, shows that the grand total of expenditures authorized by Congress just closed was $818,478,914, which is a net increase of $37,306,539 compared with the appropriations for the current year. Nearly half of this increase is accounted for by the river and harbor bill, which carried a total of $18,251,875, against $3,000,000 appropriated for the current year, while there was an increase of $8,476,095 in the postal service, $9,223,539 in the sundry civil expenditures, and $5,364,500 in the sum set apart for the redemption of national-bank notes.

The appropriations for the fiscal year 1906, arranged under the various heads, and the increases or decreases compared with the bills for the present year, are as follows:

The total quantity of coffee imported by the United States from foreign countries during the year, as shown by figures recently issued by the Department of Commerce and Labor through its Bureau of Statistics, was 1,112,703,546 pounds, valued at $87,427,099, and from Porto Rico, 2,391,524 pounds, and from the Hawaiian Islands, 1,827,491 pounds. The total value of the coffee from these two island divisions of the United States is $515,852, bringing the total quantity of coffee brought into the country up to 1,117 million pounds, and the value to $88,000,000. During the same period (the calendar year 1904) there was exported from the United States 64,256,947 pounds of coffee of foreign production, valued at $6,468,592, so that the consumption of coffee during the year was approximately 1,053 million pounds valued at about $81,000,000.

The sources of the foreign supply were as follows:

The figures of the world's production of coffee in the coffee year 1903-4, which has just reached the Bureau of Statistics, show that the coffee exported from the various producing countries of the world, and therefore the quantity entering the world's markets during the year, was, in round terms, 2,260 million pounds, or barely double the quantity brought into the United States alone during the calendar year 1904. It may therefore be said in general terms that the United States consumes practically one-half of the coffee entering the world's markets, since our importations of coffee in 1904 amounted to practically one-half of the coffee exported by all the coffee-producing countries of the world, and more than 94 per cent of that importation was retained in the United States for consumption by her people.

That the United States exceeds by far any other nation as a consumer of coffee is apparent from the fact already stated that it consumes practically one-half the coffee of the world. Some figures just received by the Bureau of Statistics give some details, however, of the consumption by the principal countries, which are of additional interest, though the latest period covered in this statement is the calendar year 1902. This shows for that year a consumption by the United States of 852,272,000 pounds of coffee; Germany, 380,820,000 pounds; France, 188,760,000 pounds; Austria-Hungary, 96,360,000 pounds; Holland, 82,500,000 pounds; Belgium, 72,600,000 pounds; Sweden, 57,420,000 pounds; Russia, 39,600,000 pounds; Italy, 35,640,000 pounds, and Great Britain, 32,340,000 pounds.

Coffee importation in the United States has increased rapidly during recent years. The importations in the calendar year 1904, as already indicated, were 1,117 million pounds and were larger than those of any earlier year, and the per capita consumption was also larger than that of any earlier year with the single exception of 1902, in which year the per capita consumption exceeded that of 1904 by two-tenths of 1 pound.

PRODUCTION OF PIG IRON IN 1904.

According to the "Bulletin" of the American Iron and Steel Association for February 1, 1905, the total production of pig iron in the United States in the year 1904 was 16,497,033 tons, against 18,009,252 tons in 1903; 17,821,307 tons in 1902, and 15,878,354 tons in 1901. The following table gives in half-yearly periods the production of pig iron in the last four years:

The chief pig-iron producing States in 1904 were Pennsylvania, which produced 7,644,321 tons; Ohio, with 2,977,929 tons; Illinois, with 1,655,991 tons; and Alabama, with 1,453,513 tons.

Of the total iron produced in 1904, 14,931,364 tons were made with bituminous coal and coke as fuel; 1,228,140 tons with anthracite and mixed anthracite and coke, and 337,529 tons with charcoal.

The division according to classes of iron made in 1903 and 1904 was as follows:

The stocks of pig iron which were unsold in the hands of Lanufacturers or which were under their control at the close of 1904, and were not intended for their own consumption, amounted to 408,792 tons, against 591,438 tons at the close of 1903.

The whole number of furnaces in blast on December 31, 1904, was 261, against 182 on December 31, 1903.

PATENTS AND TRADE-MARKS IN THE PANAMA CANAL ZONE.

The decision of the Secretary of the Interior of the United States in regard to patents and trade-marks in the Panama Canal Zone and the official papers connected therewith are as follows:

1. PATENTS AND TRADE-MARKS IN THE PANAMA CANAL ZONE.

The rights of patentees and trade-mark registrants in this country do not extend to the Panama Canal Zone.

2. SAME LAWS OF THIS COUNTRY NOT APPLICABLE.

The Panama Canal Zone is not an organized territory of this country, and there is no provision in the treaty, laws, or regulations making the laws of the United States generally applicable, nor is there any provision specifically making the patent laws and the laws relating to the registration of trade-marks and labels applicable thereto.

DEPARTMENT OF THE INTERIOR,
Washington, December 20, 1904.

The COMMISSIONER OF PATENTS.

SIR: In further response to your letter of October 27, 1904, requesting that there be submitted to the honorable Attorney-General the question whether the laws relating to patents issued by your Office and trade-marks registered in this country extend to the territory recently acquired by the United States from the Republic of Panama for the purpose of building the canal across the Isthmus, I transmit herewith for your information a copy of an opinion rendered by the Assistant Attorney-General for the Interior Department, under date of the 16th instant, holding that the laws above referred to have not been put in force in the Canal Zone.

Very respectfully,

THOS. RYAN,

Acting Secretary.

DEPARTMENT OF THE INTERIOR,

OFFICE OF THE ASSISTANT ATTORNEY-GENERAL,
Washington, December 16,

The SECRETARY OF THE INTERIOR.

SIR: The Commissioner of Patents having asked whether the rights of patentees and trade-mark registrants extend to the Panama Canal Zone, the matter was referred to me for an expression of my views upon the question.

By act of June 28, 1902 (32 Stat. L., 481), the President was authorized to cause to be constructed a ship canal from the Caribbean Sea to the Pacific Ocean, and in connection therewith to acquire perpetual control of a strip of land on the Isthmus of Panama "and also jurisdiction over said strip and the ports at the ends thereof, and make such police and sanitary rules and regulations as shall be necessary to preserve order and preserve the public health thereon, and to establish such judicial tribunals as may be agreed upon thereon, as may be necessary to enforce such rules and regulations." Under this authority a convention was concluded between the United States and the Republie of Panama, which was duly ratified by both countries and proclaimed February 26, 1904 (Treaties and Conventions, 33 Stat. L., 148). By Article II of this instrument the Republic of Panama granted to the United States "in perpetuity the use, occupation, and control of a zone of land and land under water for the construction, maintenance, operation, sanitation, and protection of said canal of the width of ten miles" across the Isthmus of Panama. Article III of that instrument reads as follows:

The Republic of Panama grants to the United States all the rights, power, and authority, within the Zone mentioned and described in Article II of this agreement, and within the limits of all auxiliary lands and waters mentioned and described in Article II, which the United States would possess and exercise if it were the sovereign of the territory within which said lands and waters are located, to the entire exclusion of the exercise by the Republic of Panama of any such sovereign rights, power, or authority.

By act of April 28, 1904 (33 Stat. L., 429), the President was authorized to take possession of and occupy on behalf of the United States the Zone of land the use, occupation, and control whereof were

granted to the United States by Article II of said treaty of February 26, 1904, and provision for the government thereof was made, as follows:

SEC. 2. That until the expiration of the Fifty-eighth Congress, unless provision for the temporary government of the Canal Zone be sooner made by Congress, all the military, civil, and judicial powers, as well as the power to make all rules and regulations necessary for the government of the Canal Zone, and all the rights, powers, and authority granted by the terms of said treaty to the United States, shall be vested in such person or persons and shall be exercised in such manner as the President shall direct for the government of said Zone and maintaining and protecting the inhabitants thereof in the free enjoyment of their liberty, property, and religion.

By letter of May 9, 1904, to the Secretary of War, the President directed that "all work of the Commission done by virtue of powers vested in me by the act of Congress approved June 28, 1902, in the digging, construction, and completion of the canal, and all the governmental power in and over said Canal Zone and its appurtenant territory, which by virtue of the act of Congress approved April 28, 1904, and these instruments shall be vested in said Isthmian Canal Commission, shall be carried on or exercised under your supervision and direction as Secretary of War." Full and explicit instructions are given in this letter regarding the duties and powers of the Isthmian Canal Commission, but there is no mention made of patent and trademark laws, nor is any intention to extend the laws generally of the United States over the Canal Zone indicated.

Upon the informal suggestion by this Office you wrote the Secretary of War asking for information on the subject. In reply thereto the acting chairman of the Isthmian Canal Commission, under date of November 30, 1904, said:

There has been no legislation by this Commission with regard to the registration and protection of patents or trade-marks in the Canal Zone, as we are advised by our counsel that this must come from the Congress of the United States. We hope that this matter will be taken up early in the coming session.

From the foregoing statement, which it is believed includes references to all provisions of the treaty, laws, and regulations touching the matter under consideration, it is seen that the Canal Zone has not in any sense been organized as a territory of the United States; that there is no provision making the laws of the United States generally applicable in the Canal Zone; and that there is no provision specifically making the patent laws and the laws relating to the registration of trade-marks and labels applicable there.

The opinion of the Attorney-General of February 19, 1902, referred to in your letter submitting the matter to me, holds that the residents of Porto Rico are entitled to register trade-marks under the act of Congress of March 3, 1891. This conclusion is reached upon the theory that Porto Rico "has been fully organized under a law of Congress providing the details of its government and organized, for the most part, upon the plan adopted for the territories contiguous to the States of the Union," and upon the fact that the laws of Congress not locally inapplicable have by the act for the government of that island and by the Revised Statutes been extended to it. This presents an entirely different aspect to the matter now under consideration. In the same opinion the Attorney-General, speaking of the Philippine Islands, said: I do not regard them as completely organized territories in contemplation of Revised Statutes, section 1891.