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munity as the original goods, wares, implements, merchandise, compound or preparation of any other person or persons, association or union of workingmen, or body corporate or politic, or who shall in fact sell or use the same, or for the purpose of secreting the same from the rightful owner or owners, or who shall wrongfully or fraudulently use the genuine label, brand, stamp, wrapper, imprint, engraving, mould or trade-mark, with intent to pass off any goods, wares, implements, merchandise, compound or preparation, or other article not the manufacture of the person, persons, association or union of workingmen, or body corporate or politic, to whom such label, brand, stamp, wrapper, engraving, imprint, mould or trade-mark properly belongs, as genuine and original, shall, upon convicton thereof, be deemed guilty of a misdemeanor, and shall be punished by imprisonment in the county jail not less than three months nor more than twelve months, or fined not less than one hundred dollars nor more than five thousand dollars, or both such fine and imprisonment. SEC. 10368. Any person, persons, association or union of work- Selling goods
false ingmen, or body corporate or politic, who shall vend or keep for
markings. sale any goods, wares, merchandise, compounds or preparations upon which or in connection with which any forged, imitation or counterfeit label, brand, stamp, wrapper, imprint, engraving, bottle or trade-mark shall be placed, affixed or used, and intended to represent the said goods, wares, implements, merchandise, compounds or preparations as the genuine goods, wares, implements, merchandise, compound or preparation of any other person or persons, association or union of workingmen, or body corporate or politic, knowing the same to be imitation or counterfeit, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not less than one hundred dollars nor more than five thousand dollars, or by imprisonment in the county jail not less than one month nor more than twelve months, or both, and shall also be liable in a civil action to the person or persons, association or union of workingmen, or body corporate or politic, whose goods, wares, implements, merchandise, compounds or preparations is imitated or counterfeited, or whose label, stamp, wrapper, engraving, imprint, bottle, or trade-mark is imitated, forged or counterfeited, placed, affixed or used, for all damages such person or persons, association or union of workingmen, or body corporate or politic, may or shall sustain, both by virtue of the loss of profits and the damage done to the reputation of the said genuine article, goods, wares, implements, merchandise, compound or preparation, by reason of any of the acts in any section of this chapter mentioned, and may be restrained or enjoined by any court of competent jurisdiction from doing or performing any of the acts herein mentioned.
SEC. 10369. Any person or persons who shall, with intent to de- Affixing false fraud any person or persons, association or union of workingmen, labels. òr body corporate or politic, knowingly affix or cause to be affixed to or upon any case, box, web, package or bottle containing any goods, wares, merchandise, compound or preparation, any label, brand, stamp, wrapper, engraving, imprint or mark which shall designate such goods, wares, merchandise, compound or preparation, either wholly or in part by a word or words, or by general design, which shall be wholly or in part the same to the eye, or in sound to the ear, as the word or words or the general design used by any person or persons, association or union of workingmen, or boily corporate or politic, for desiging [designating] any goods, wares. merchandise, compound or preparation, manufactured or prepared by or for some other person or persons, association or union of workingmen, or body corporate or politic, who shall knowingly sell or expose or offer for sale any such case, box, web, package or bottle, with any such label, brand, stamp, wrapper, engraving, imprint or mark affixed to or upon it, shall, provided such person or persons affixing or causing to be aflixed any such label; brand, stamp, wrapper, engraving, imprint or mark, or so selling or offering for sale any such case, box, web, package or bottle, shall not
have been the first to employ or use such word or words or general
design to designate, wholly or in part, any goods, wares, merchanPenalty.
dise, compound or preparation, and upon conviction thereof be deemed guilty of a misdemeanor, and shall be liable to the party aggrieved in the penal sum of five hundred dollars, and for a further sum equal to the amount which the aggrieved party might have received for the same amount of genuine goods, wares, merchandise, compounds or preparations, and shall be guilty of a misdemeanor, and on conviction may be punished by imprisonment in the county jail for a period of not less than one month nor more than twelve months, or fined not less than one hundred dollars nor more than five thousand dollars, or both such fine and imprison
ment. Who m a y Sec. 10370.
All suits brought under this chapter shall bring action.
be brought by the person or persons injured or defrauded by such parties; and if brought by any association or union of workingmen, the suit may be brought in the name of the president and secretary, to the use and benefit of such association or corporation,
and may thus sue and be sued. Seizure of
Sec. 10371. It shall be the duty of any officer within the jurisdicgoods.
tion of the court having authority, to whom there shall be delivered any warrant for the arrest of any person alleged to have committed any offense created by this chapter, to seize any and all goods, wares, merchandise, compounds, preparations, labels, brands, implements, stamps, wrappers, imprints, engravings, plates, bottles, dies or moulds, mentioned or referred to in the complaint, or affidavit or informationi, upon which said warr:unt issued, and upon final conviction of the offender, the court shall direct such of same as may be counterfeit to be destroyed, and they shall be so destroyed accordingly: Provided, houerer, That if said property consist of wares and merchandise, which, in the judgment of the court, are [ ,] independent of any trade-mark, of genuine and intrinsic value, and capable of being applied to a useful and beneficial purpose, then and in such case all counterfeit words, marks, wrappers, labels, emblems, stamps, brands, bottles, imprints and signs used in connection therewith shall be first erased, obliterated and destroyed, and said property shall be sold witbin ten days next succeeding the decision of the court thereoni, in such manner as the court shall direct, and the proceeds of said sale, less the expense thereof, be applied to the benefit of the school fund of the
county in which said seizure was effected. Evidence. Sec. 10372. No testimony or evidence given by any person in any
civil action to which said person may be a party, or by any other witness in such action, or in any reference or proceeding which may be had in such action, nor any testimony or evidence derived from the books or papers of such party or witness, or otherwise, in such action, or in any reference or other proceeding whicli may be had therein, can or shall be asked in any criminal prosecution against such party or witness, under any of the provisions of this chapter, nor shall any party or witness refuse to testify or furnishi evidence in any civil action by reason of any of the provisions of this chapter.
This act is constitutional. To warrant conviction, guilty knowledge on the part of the defendant must be shown. 31 S. W. Rep. 9.
The benefits of the act extend to trade marks of unions outside the State as well as of those within. 56 Mo. 133.
ACTS OF 1901.
Stone quarried in the State to be preferred for use in public
State quar SECTION 1. It shall be and is hereby made the duty of all public ries to be pat- boards and of all public officers, State, county or city. who have ronized.
charge of the erection and construction of any public buildings for the use of the State or of any county or city in this State wherein there is to be any stone work or building stone used, to provide in the specifications for such buildings for the reception of bids for stone quarried in this State, when the same is quarried and for sale in such quantities as to supply the necessary material for such stone work, and shall be of a grade suitable for the same, and it shall be their duty to receive bids when presented for such stone on all contracts for the construction of such buildings, and it shall be the duty of such officials and boards in accepting bids and awarding said contracts to award said contracts to the lowest and best bidder and to give the preference to such stone quarried in this State.
State board of mediation and arbitration.
(Page 195.) SECTION 1. *
the governor of the State, by and with Appointment the advice and consent of the senate, shall appoint three compe
of board. tent persons to serve as a State board of mediation and arbitration; one of whom shall be an employer of labor, or selected from some association representing employers of labor, and one who shall be an employee holding membership in some bona fide trade or labor union; the third shall be some person who is neither an employee nor an employer of labor. One member of said board shall be appointed for one year, one for two years, and one for three years, and all appointments thereafter shall be for three years or until their respective successors are appointed in the manper herein provided. If a vacancy occurs in said board by death or otherwise, at any time, the governor shall appoint some completent person to fill the unexpired term.
Sec. 2. The board shall appoint a secretary, who shall hold office Secretary. during the pleasure of said board, and whose duty it shall be to keep a full and faithful record of the proceedings of the board, and shall also have possession of all books and documents, and shall perform such other duties as the board may prescribe. He shall, under the direction of the board, issue subpoenas and administer oaths in all cases before the board and shall call for and examine books, papers and documents of any parties to the controversy. SEC. 3. The compensation of the members of the board of media
Compensation and arbitration and the clerk thereof shall be as follows: tion. Each shall receive five dollars per day and three cents per mile, both ways, between their homes and the place of meeting, by the nearest comfortable routes of travel, and such other necessary traveling expenses as may be incurred in the discharge of their duties, to be paid out of the State treasury upon a warrant signed by the president of said board and approved by the governor : Provided, That neither said board nor the clerk thereof shall receive any compensation except for time actually engaged in the discharge of their duties as set forth in this act and in going to and from the place of meeting.
SEC. 4. Each member of said board shall, before entering upon Organization. the duties of his office, be sworn to support the constitution and faithfully denean himself in office. They shall organize at once by the choice of one of their number as chairman and the board shall, as soon as possible after its organization, establish suitable rules of procedure. Said board may hold meetings at any time or place in the State, whenever the same shall become necessary, and two members of the board shall constitute a quorum for the transaction of business.
SEC. 5 (as amended by act approved March 23 1903 ; page 218, Threatened Acts of 1903). Whenever it shall come to the knowledge of the strikes. board that a strike or a lockout is about to occur, or is seriously threatened, involving ten or more persons, in any part of the State, it shall be the duty of said board to proceed as soon as possible to the locality of such dispute, strike or lockout and place itself in communication with the parties to the controversy, and en
Investiga- deavor by mediation to effect a settlement. Should all efforts at tions.
conciliation fail, it shall be the duty of the board to inquire into the causes of said grievance or dispute, and to this end, it is hereby authorized to subpoena and examine witnesses, and send for books and papers. Subpenas may be signed and oaths administered by any •member of the board. Said board is further authorized to subpæna as witnesses anyone connected with the department of business affected, or other persons whom they may suspect of having knowledge of the matters in controversy or dispute, and anyone who keeps the records of the wages earned in such department and examine them under oath touching such matters and require the production of books and papers containing the record of wages earned or paid. All process issued by said board may be delivered or sent to any sheriff, constable or police office[r]. who shall forthwith serve or post the same as may be required, and make due returns thereof, according to directions, and for such service he shall receive the fees allowed by law in similar cases, payable from the treasury of the county or city wherein the controversy to be arbitrated exists, upon a warrant signed by the president of the board of mediation and arbitration. Witnesses shall receive the same compensation as witnesses in courts of record, which shall be paid in the same manner as sheriffs, constables and police officers above mentioned. And the board shall have power and authority to maintain and enforce
order at its hearings and obedience to its process. Disobeying Sec. 5a (added by act approved March 23, 1903; page 218, Acts subpæna.
of 1903). In case any person shall willfully fail or refuse to obey such subpæna, it shall be the duty of the circuit court, or any judge thereof in any county, upon the application of said board, to issue an attachment for such witness and compel such witness to attend before the board and give his testimony upon such matters as shall be lawfully required by said board; and the court shall have power to punish for contempt as in other cases of
refusal to obey the process and order of such court. Penalty.
Sec. 5b (added by act approved March 23, 1903; page 218, Acts of 1903). Any person who shall willfully neglect or refuse to obey the process of subpæna issued by said board to appear and testify as therein required, shall be deemed guilty of a misdemeanor, and shall be liable to arraignment and trial in any court having competent jurisdiction, and on conviction thereof shall be punished for such offense by a fine of not less than twenty nor more than five hundred dollars, or by imprisonment not exceeding thirty days, or both, at the discretion of the court before which such
conviction shall be had. Controversies
SEC. 6. In all cases when any grievance or dispute shall arise beto be submitted,
tween any employer and his employees, said dispute involving ten
or more employees, it shall be the duty of the parties to said controDecision. versy to submit the same to said board for investigation. Within ten
days after the completion of said examination or investigation, authorized by this article, the board or a majority thereof, shall render a decision stating such details as will clearly show the nature of such controversy, and points in dispute disposed of by them and make a written report of their findings and recommendations, and shall furnish the governor and each party to the controversy a true and complete copy of the same, and shall have
a copy thereof published in some local newspaper. Decision bind
Sec. 7. In all cases where the application for arbitration is muing, when.
tual, or both parties agree to submit to the decision of the board, said decision shall be final and binding upon the parties concerned in said controversy and dispute. In all cases where either party to a dispute refuses to agree to arbitration the decision of the board shall be final and binding upon the parties thereto, unless exceptions be filed with the clerk of said board, within five days
after said decision is rendered and announced, Penalty. SEC. 8. Any employer, employer's agent, employee or authorized
committee of employees, who shall violate the conditions of the decision of said board, as provided for in section seven of this act, shall be deemed guilty of a misdemeanor, and upon conviction thereof, in any court of competent jurisdiction, shall be punished by a fine of not less than fifty nor more than one hundred dollars, or by imprisonment in jail not exceeding six months, or by both such fine and imprisonment.
SEC. 9. Said board shall make biennial reports to the governor Reports. of the State, and shall include therein such statements, facts, and explanations as will disclose the actual workings of the board, and such suggestions as to legislation as may seem to the members of the board conducive to a speedy and satisfactory adjustment of disputes between employers and employees.
Inspector of factories.
the governor of the State, with the advice Factory 10and consent of the senate, shall appoint a competent person to spector. serve as factory inspector who shall hold office for four years from the date of his appointment or until his successor is appointed and qualified. The factory inspector may appoint, from time to time assistants, not more than seven in number, who may be removed by him at any time for just cause. Before entering upon his official duties the inspector shall make oath to support the constitution and faithfully demean himself in office; he shall also execute a bond to the State of Missouri, in such sum as the governor may prescribe, with two or more solvent sureties, to be approved by the governor, conditioned upon his faithful performance of the duties imposed upon him by this act.
SEC. 2 (as amended by act approved March 27, 1903 ; page 218, Acts of 1903). The factory inspector may divide the State into dis- Districts. tricts, assign one or more assistant inspectors to each district, and may, in his discretion, transfer them from one district to another. It shall be the duty of all inspectors provided for by this act to Inspections. make at least two inspections during each year, the last to be completed on or before the first day of October, of all factories located in cities having a population of thirty thousand inhabitants or more and enforce all laws relating to factory inspection and prosecute all persons violating the same. Any lawful municipal ordinance or regulation relating to factories or their inspection and not in conflict with State laws shall be observed and enforced by the factory inspector. The factory inspector and all assistant inspectors and clerks may administer oaths and take affidavits in matters relating to the enforcement of the various factory inspection laws.
Sec. 3. The inspectors provided for in this act shall be entitled Fee for inspecto demand and receive from the owner, superintendent, manager or other person in charge of every establishment inspected as provided for by low the sum of one dollar for each inspection made in accordance with the provisions of this act, and his receipt given therefor shall certify to the result of such inspection, with the orders, if any are given, noted thereon; and any owner, superin- Access to tendent, manager or other person in charge of such establishment premises. who shall refuse or attempt to prevent, the admission upon or within his or their premises or buildings, at any reasonable business hour, of any inspector authorized by this act, or shall in any manner interfere with the performance of the official duties of such inspector, or shall neglect or refuse to pay the inspection fee upon the completion of such inspection, shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be fined not less than twenty-five dollars nor more than fifty dollars for each offense: Provided, That the owner or manager of any establish- Proviso. ment subject to inspection shall not be required to pay for more than two such inspections within one year except where additional inspections are made necessary through failure of such owner or manager to comply with the written orders of the inspector.
H. Doc. 733, 58-2-43