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It shall be unlawful for any person to transport from one State into any other, or for any person to deliver to another for such transportation, any carcasses or products which have been examined in accordance with this act, and declared by the inspector unsound or diseased. Any person violating the provisions of this section shall be deemed guilty of a misdemeanor, and punished for each offence as provided. One copy of every ce tificate granted shall be filed in the Department of Agriculture, another copy delivered to the owner or shipper, and, in case of export, a third copy shall be delivered to the chief officer of the vessel on which the shipment is made. This act docs not apply to any cattle, sheep or swine_slaughtered by any farmer upon his farm, which inay be transported fron. one State or Territory into another, though if the carcasses go to any packing or canning establishment, and are intended for transportation to any other State, they shall there be subject to the post-mortem examination provided for above.
INSPECTION OF VESSELS CARRYING EXPORT CATTLE.
This act authorizes the Secretary of Agriculture to examine ali vessels which are to carry export cattle from U. S. ports to foreign countries, and to prescribe the accommodation provided for export cattle, as to space, ventilation, fittings, food and water supply, etc.
Whenever the owners, or master of any vessel shall wilfully violate or permit to be violated any regulation made pursuant to the foregoing section, the offending vessel may be prohibited from again carrying cattle from any port of the U. S. for such length of time, not exceeding one year, as the Secretary may direct, and shall be refused clearance from any U. S. port.
INTERNAL REVENUE LEGISLATION.
The act of Dec. 15, 1890, provides that on all original and unbroken factory packages of smoking and manufactured tobacco and snuff, held by manufacturers or dealers at the time the reduced tax as provided for in "An act to reduce the revenue and equalize duties on imports, and for other purposes," approved October 1, 1890, shall take effect, upon which the tax has been paid, there shall be allowed a drawback or rebate of the full amount of the reduction, but the same shall not apply in any case where the claim has not been presented within 60 days following the date of reduction; and such rebate to manufacturers may be paid in stamps at the reduced rate; and no claim shall be allowed or drawback paid for a less amount than $5.
(This was intended to cure the omission, in enrolment, of a section in the Tariff act of Oct. 1, 1890.)
The act amends Sections 4,952, 4,954, 4,956, 4,958, 4,959, 4,963, 4,964, 4,965, and 4,967, Revised Statutes, to read:
Sec. 4,952. The author, inventor, designer or proprietor of any book, map, chart, dramatic or musical composition, engraving, cut, print, or photograph or negative thereof, or of a painting, drawing, chromo. statue, statuary, and of models or designs intended to be perfected as works of the fine arts, and the executors, administrators, or assigns of any such person shall, upon complying with the provisions of this chapter, have the sole liberty of printing, reprinting, publishing, completing, copying, executing, finishing, and vending the same; and, in case of dramatic composition, of publicly performing or representing it or causing it to be performed or represented by others; and authors or their assigns shall have exclusive right to dramatize and translate any of their works for which copyright shall have been obtained under the laws of the United States."
"Sec. 4,954. The author, inventor or designer, if he be still living, or his widow or children if he be dead, shall have the same exclusive right continued for the further term of 14 years, upon recording the title of the work or description of the article so secured a second time, and complying with all other regulations in regard to original copyrights, within 6 months before the expiration of the first term; and such persons shall, within 2 months from the date of said renewal, cause a copy of the record thereof to be published in one or more newspapers printed in the United States for the space of 4 weeks."
*On July 1, 1891, President Harrison announced by proclamation, as provided in this law, that the Governments of Switzerland, France, Belgium and Great Britain having informed him of the existence within their teritory of the necessary cond tions, the benefits of the law were therefore and thereby extended to the citizens or subjects of those governments. There is, however, no international copyright arrangement between the United States and any other country. For an American citizen to secure copyright in Great Britain these conditions are necessary: 1. The title must be entered at Stationers' Hall, London, the fee for which is 5 shilings sterling. 2. The work must be first published in Great Britain before being issued elsewhere. 3. The author must be on British soil at the date of publication (the latter requi ement, however, is of doubtful obligation under recent judicial decisions).
Copyright may be secured in France, by a foreigner, by depositing two copies of the publication at the Ministry of the Interior at Paris.
To secure copyright in Germany a foreigner must enter his work in the general registry book of copyrights at Leipzig, and have it published by a firm having its place of business within the German Empire.
Copyright in Canada is to be registered with the Minister of Agriculture, fee $1, and the work to be published in Canada.
"Sec. 4,956. No person shall be entitled to a copyright unless he shall, on or before the day of publication in this or any foreign country, deliver at the office of the Librarian of Congress, or deposit in the mail within the U. S., addressed to the Librarian of Congress, at Washington, District of Columbia, a printed copy of the title of the book, map, chart, dramatic or musical composition, engraving, cut, print, photograph, or chromo, or a description of the painting, drawing, statue, statuary, or a model or design for a work of the fine arts for which he desires a copyright, nor unless he shall also, not later than the day of the publication thereof in this or any foreign country, deliver at the office of the Librarian of Congress at Washington, D. C., or deposit in the mail within the U. S. addressed to the Librarian of Congress, at Washington, D. C., two copies of such copyright book, map, chart, uramatic or musical composition, engraving, chromo, cut, print, or photograph, or in case of a painting, drawing, statue, statuary, model, or design for a work of the fine arts, a photograph of same: Provided, That in the case of a book, photograph, chromo or lithograph, the two copies of the same required to be delivered or deposited as above shall be printed from type set within the limits of the U. S., or from plates made therefrom, or from negatives, or drawings on stone made within the limits of the U. S., or from transfers made therefrom. During the existence of such copyright the importation into the U. S. of any book, chromo, or lithograph, or photograph so copyrighted, or any edition or editions thereof, or any plates of the same not made from type set, negatives or drawings on stone made within the limits of the U. S., shall be, and it is hereby prohibitu, except in the cases specified in paragraphs five hundred and twelve to five hundred and sixteen, inclusive, in section two of the act entitled "An act to reduce the revenue and equalize the duties on imports, and for other purposes," approved Oct. 1, 1890, and except in the case of persons purchasing for use and not for sale, who import subject to the duty thereon not more than two copies of such book at any one time; and except in the case of newspapers and magazines, not containing in whole or in part matter copyrighted under the provisions of this act, unauthorized by the author, which are hereby exempted from prohibition of importation: Provided, neve: theless, That in the case of books in foreign languages, of which only translations in English are copyrighted, the prohibition of importation shall apply only to the translation of the same, and the importation of the books in the original language shall be permitted."
"Sec. 4,958. The Librarian of Congress shall receive from persons to whom the services designated are rendered the following fees: 1. For recording the title or description of any copyright book or other article, 50 cents. 2. For every copy under seal of such record actually given to the person claiming the copyright, or his assigns, 50 cents. 3. For recording and certifying any instrument of writing for the assignment of a copyright, $1. 4. For every copy of an assignment, $1. All fees so received shall paid into the Treasury of the U. S.: Provided, That the charge for recording the title or description of any article entered for copyright, the production of a person not a citizen or resident of the U. S., shall be $1, to be paid as above into the Treasury of the U. S., to defray the expenses of lists of copyrighted articles as hereinafter provided for. And it is hereby made the duty of the Librarian of Congress to furnish to the Secretary of the Treasury copies of the entries of titles of all books and other articles wherein the copyright has been completed by the deposit of two copies of such book printed from type set within the limits of the U. S. in accordance with the provisions of this act and by the deposit of two copies of such other article made or produced in the U. S.; and the Secretary of the Treasury is hereby directed to prepare and print at interyals of not more than a week, catalogues of such title-entries for distribution to the collectors of customs of the U. S., and to the postmasters of all postoffices receiving foreign mails, and such weekly lists, as they are issued, shall be furnished to all parties desiring them, at a sum not exceeding $5 per annum; and the Secretary and the Postmaster-General are hereby empowered and required to make and enforce such rules and regulations as shall prevent the importation into the U. S., except upon the conditions above specified, of all articles prohibited by this act."
"Sec. 4,959. The proprietor of every copyright book or other article shall deliver at the office of the Librarian of Congress, or deposit in the mail, addressed to the Librarian of Congress, at Washington, District of Columbia, a copy of every subsequent edition wherein any substantial changes shall be made: Provided, however, That the alterations, revisions and additions made to books by foreign authors, heretofore published, of which new editions shall appear subsequently to the taking effect of this act, shall be held and deemed capable of being copyrighted as above provided for in this act, unless they form a part of the series in course of publication at the time this act shall take effect."
"Sec. 4,963. Every person who shall insert or impress such no'ice, or words of the same purport, in or upon any book, map, chart, dramatic or musical composition, print, cut, engraving, or photograph, or other article, for which he has not obtained a copyright, shall be liable to a penalty of $100, recoverable one-half for the person who shall sue for such penalty and one-half to the use of the U. S."
"Sec. 4,964. Every person, who after the recording of the title of any book and the depositing of two copies of such book, as provided by this act, shall, contrary to the provisions of this act, within the term limited, and without the cons ent of the proprietor of the copyright first obtained in writing, signed in presence of two or more witnesses, print, publish, dramatize, translate, or import, or knowing the same to be so printed, published, dramatized. translated, or imported, shall sell or expose to sale any copy of such book, shall forfeit every copy thereof to such p oprietor, and shall also forfeit and pay such damages as may be recovered in a civil action by such proprietor in any court of competent jurisdiction."
"Sec. 4,965. If any person, after the recording of the title of any map, chart, dramatic or musical composition, print, cut, engraving, or photograph, or chromo, or of the description of any painting, drawing, statue, statuary, or model or design intended to be perfected and executed as a work of the fine arts, as provided by this act, shall within the term limited, contrary to the provisions of this act, and without the consent of the proprietor of the copyright first obtained in writing, signed in presence of two or more witnesses, engrave, etch, work, copy, print, publish, dramatize, translate, or import, either in whole or in part, or by varying the main design with intent to evade the law, or, knowing the same to be so printed, published, dramatized, translated, or imported, shall sell or expose for sale any copy of such map or other article as aforesaid, he shall forfeit to the proprietor all the plates on which the same shall be copied, and every sheet thereof, either copied or printed, and shall further forfeit one dollar for every sheet of the same found in his possession, either printing, printed, copied, published, imported, or exposed for sale, and in case of painting, statue or statuary, he shall forfeit ten dollars for every copy of the same in his possession, or by him sold or exposed for sale; one-half thereof to the proprietor and the other half to the U. S."
"Sec. 4,967. Every person who shall print or publish any manuscript whatever without the consent of the author or proprietor first obtained, shall be liable to the author or proprietor for all damages occasioned by 'such injury.
That section 4,971 of the Revised Statutes bc, and the same is hereby, repealed.
That for the purpose of this act each volume of a book in two or more volumes, when such volumes are published separately and the first one shall not have been issued before this act shall take effect, and each number of a periodical shall be considered an independent publication, subject to the form of copyrighting as above.
That this act shall go into effect on the first day of July, 1891.
That this act shall only apply to a citizen or subject of a foreign State or Nation when such foreign State or Nation permits to citizens of the U. S. of America the benefit of copyright on substantially the same basis as its own citizens; or when such foreign State or Nation is a party to an international agreement which provides for eciprocity in the granting of copyright, by the terms of which agreement the U. S. of America may, at its pleasure, become a party to such agreement. The existence of either of the conditions aforesaid shall be determined by the President of the U. S. by proclamation made from time to time as the purposes of this act may require."
INTERSTATE COMMERCE ACT AMENDED.
This act of February 10, 1891, anfends Sec. 12 of the original act of Feb. 4, 1887, to read:
"That the Commission hereby created shall have authority to inquire into the management of the business of all common carriers subject to the provisions of this act, and shall keep itself informed as to the manner and method in which the same is conducted, and shall have the right to obtain from such common carriers full and complete information necessary to enable the Commission to perform the duties and carry out the objects for which it was created; and the Commission is hereby authorized and required to execute and enforce the provisions of this act; and, upon the request of the Commission, it shall be the duty of any district-attorney of the U. S. to whom the Commission may apply to institute in the proper court and to prosecute under the direction of the Attorney-General of the U. S. all necessary proceedings for the enforcement or the provisions of this act and for the punishment of all violations thereof, and the costs and expenses of such prosecution shall be paid out of the appropriation for the expenses of the courts of the U. S.; and for the purposes of this act the Commission shall have power to require, by subpoena, the attendance and testimony of witnesses and the production of all books, papers, tariffs, contracts, agreements, and documents relating to any matter under investigation.
"Such at endance of witnesses, and the production of such documentary evidence, may be required from any place in the U. S., at any designated place of hearing. And in case of disobedience to a subpoena the Commission, or any party to a proceeding before the Commission, may invoke the aid of any court of the U. S. in requiring the attendance and testimony of witnesses and the production of books, papers, and documents under the provisions of this section.
"And any of the circuit courts of the U. S. within the jurisdiction of which such inquiry is carried on may, in case of contumacy or refusal to obey a subpoena issued to any common carrier subject to the provisions of this act, or other person. issue an o dr requiring such common carrier or other person to appear before said Commission (and produce books and papers if so ordered) and give evidence touching the matter in question; and any failure to obey such order of the court may be punished by such court as a contempt thereof. The claim that any such testimony or evidence may tend to criminate the person giving such evidence shall not excuse such witness from testifying; but such evidence or testimony shall not be used against such person on the trial of any criminal proceeding.
"The testimony of any witness may be taken, at the instance of a party, in any proceeding or investigation depending before the Commission, by deposition, at any time after a cause or proceeding is at issue on petition and answer. The Commission may also order testimony to be taken by deposition in any proceeding or investigation pending before it, at any stage of such proceeding or investigation. Such depositions may be taken before any judge of any court of the U. S., or any commissioner of a circuit. or any clerk of a district or circuit court, or any chancellor, justice, or judge of a supreme or superior court, mayor or chief magistrate of a city, judge of a county court, or court of common pleas of any of the U. S., or any notary public, not being of coun
sel or attorney to either of the parties, nor interested in the event of the proceeding or investigation. Reasonable notice must first be given in writing by the party or his attorney proposing to take such deposition to the opposite party or his attorney of record, as either may be nearest, which notice shall state the name of the witness and the time and place of the taking of his deposition. Any person may be compelled to appear and depose, and to produce documentary evidence, in the same manner as witnesses may be compelled to appear and testify and produce documentary evidence before the Commission as hereinbefore provided.
"Every person deposing as herein provided shall be cautioned and sworn (or affirm, if he so request) to testify the whole truth, and shall be carefully examined. His testimony shall be reduced to writing by the magistrate taking the deposition, or under his direction, and shall, after it has been reduced to writing, be subscribed by the deponent.
"If a witness whose testimony may be desired to be taken by deposition be in a foreign country, the deposition may be taken before an officer or person designated by the Commission, or agreed upon by the parties by stipulation in writing to be filed with the Commission. All depositions must be promptly filed with the Commission."
Witnesses whose depositions are taken pursuant to this act, and the magistrate or other officer taking the same, shall severally be entitled to the same fees as are paid for like services in the courts of the U. S.
The act of March 3, 1891, provides for the appointment, in each circuit, of an additional circuit judge, with the same power and jurisdiction therein as the circuit judges now have. In each circuit there is created a Circuit Court of Appeals, of three judges. The justices of the Supreme Court assigned to each circuit, the circuit judges within each circuit, and the district judge within each circuit constitute the new court. No appeal, whether by writ of error or otherwise, shall hereafter be taken or allowed from any district court to the existing circuit courts, and no appellate jurisdiction shall be exercised or allowed by the existing circuit courts, but all appeals from the district courts shall only be subject to review in the U. S. Supreme Court, or in the circuit courts of appeals hereby established, and the review, by appeal, by writ of error, or otherwise, from the existing circuit courts shall be had only in the U. S. Supreme Court, or in the circuit courts of appeals hereby established according to the provisions of this act.
Appeals or writs of error may be taken from the district courts or from the existing circuit courts direct to the Supreme Court in any case in which the jurisdiction of the court is in issue; in such cases the question of jurisdiction alone shall be certified to the Supreme Court from the court below for decision; from the final sentences and decrees in prize causes; in cases of conviction of a capital or otherwise infamous crime; in any case that involves the construction or application of the U. S. Constitution; in any case in which the constitutionality of any U. S. law, or the validity or construction of any treaty made under U. S. authority, is drawn in question; in any case in which the constitution or law of a State is claimed to be in contravention of the Constitution of the U. S. Nothing in this act shall affect the jurisdiction of the Supreme Court in cases appealed from the highest court of a State, nor the construction of the statute providing for review of such cases.
The circuit courts of appeals established by this act shall exercise appellate jurisdiction to review by appeal or by writ of error final decision in the district court and the existing circuit courts in all cases other than those provided for in the preceding section, unless otherwise provided by law, and the judgments or decrees of the circuit courts of appeals shall be final in all cases in which the jurisdiction is dependent entirely upon the opposite parties to the suit or controversy, being aliens and citizens of the U. S. or citizens of different States; also in all cases aris. ing under the patent laws, the revenue laws, and the criminal laws. and in admi alty cases, excepting that in every such subject within its appeliate jurisdiction the circuit court of appeals at any time may certify to the Supreme Court of the U. S. any questions or propositions of law concerning which it desires the instruction of that court for its proper decision. And thereupon the Supreme Court may either give its instruction on the questions and propositions certified to it, which shall be binding upon the circuit court of appeals in such case, or it may require that the whole record and cause may be sent up to it for its consideration, and thereupon shall decide the whole matter in controversy in the same manner as if it had been brought there for review by writ of error or appeal And in any such case as is herein before made final in the circuit court of appeals it shall be competent for the Supreme Court to require, by certiorari or otherwise, any such case to be certified to the Supreme Court for its review and determination with the same power and authority in the case as if it had been carried by appeal or writ of error to the Supreme Court. In all cases not herein before, in this section, made final there shall be of right an appeal or writ of error or review of the case by the Supreme Court of the U. S. where the matter in controversy shall exceed $1,000 besides costs. Put no such app al shall be taken or writ of error sued out unless within one year after the entry of the order, judgment, or decree sought to be reviewed.
"LAND GRANT" LEGISLATION.
The act of September 29, 1890, "to forfeit certain lands heretofore granted for the purpose of aiding in the construction of railroads," etc., is amended so that the period within which settlers, purchasers and others may make application to purchase lands for feited under the act, or to make or move to perfect any homestead entries it preserves or authorizes when such period begins to run from the passage of the act, shall begin
to run from the date of the promulgation by the Commissioner of the General Land Office of the instructions to the officers of the local land offices, for their direction in time or enlarge the disposition of said lands. Nothing herein shall extend any any rights given by said act to any railroad company.
NAVY, INCREASE OF.
The Navy Appropriation Act provides that, for the purpose of increasing the U. S. Naval establishment, the President is authorized to have constructed by contract one protected cruiser of about 7,300 tons displacement, as a cost, exclusive of armament, not to exceed $2,750,000, to have a maximum speed of not less than 21 knots,, and in the construction all of the provisions of the act of August 3. 1886. entitled: "An act to increase the Naval Establishment" as to materials for the vessel, its engines, boilers and machinery, the contract under which it is built. the notice of any proposals for the same, the plans, drawings, specifications therefor, and the method of the vessel shall be executing the contract, shall be observed and followed, and built in compliance with the terms of that act, save that in all its parts it shall be of provisions for minimum domestic manufacture. In the contract for construction, speed and for premiums for increased speed and penalties for deficient speed, may of the be made subject to the terms of this bill, in the discretion of the Secretary Navy, and if the Secretary shall be unable to contract at reasonable prices for the construction, then he may build the same in such Navy Yard as he may designate. So much of the act approved March 2, 1889, as authorized the construction by contract of one armored steel cruising monitor of not less than 3,000 tons displacement, at a cost for increased not exceeding $1,500,000, exclusive of armament, and any premium speed, is hereby repealed.
Other minor appropriations were made for epuipment, etc., making the total for increase of the Navy, $16,607,000. It was also enacted that no contract for the purchase of gun-steel or armor for the Navy shall hereafter be made until the subject matter of the same shall have been submitted to public competition by the Department by advertisement.
(See also "Army Legislation.").
The Act of March 2, 1891, amends Section 2 of the Act of March 2, 1889, to pen"Third-That sion soldiers of the War with Mexico so as to read in Subdivision 3: his parent or such soldier was a minor, and was enlisted without the consent of guardian, and was released or discharged from such service by the order or decree of any State or U. S. court on habeas corpus or other judicial proceedings, and in such case such soldier shall not be entitled to any bounty or allowance, or pay for any time such soldier was not in the performance of military duty."
UNION SOLDIERS OF THE WAR OF THE REBELLION.
Section 4,787, Revised Statutes, is amended to entitle those who have received artificial limbs from the War Department to a new limb or apparatus at the expiration of every "three" years (instead of "five"). The Act of March 3, 1891, provides that hereafter no pension sha be allowed or paid to any officer, non-commissioned officer, or private in the U. S. Army, or Marine Corps, either on the active or retired list; that no agent or attorney shall demand, receive or be allowed any compensation under existing law exceeding $2 in any claim for increase of pension on account of increase of disability, or for services in securing the passage of any special act of Congress in any case that has been presented at the Pension Office or is allowable under the general pension laws. Any agent instrumental in prosecuting any claim for increase of pension on account of increase of disability, or who has rendered services in procuring the passage of any such special act of Congress, who shall directly or indirectly demand or retain any compensation for such services, except as herein before provided, shall be guilty of a misdemeanor, and shall, for each offence, be fined not exceeding $500 or imprisoned for not exceeding two years, or both. The foregoing provisions in relation to fees of agents or attorneys do not apply to any case now pending where there is an existing lawful contract expressed or implied.
The Act of March 3, 1891. enacts that the members elected to Congress shall have the privilege of sending free through the mails, and under their frank, letters to any officer of the Government when addressed officially.
OCEAN MAIL SERVICE.
The Act of March 3, 1891, authorizes and empowers the Postmaster-General to enter into contracts for a term or not less than five nor more than ten years with American citizens, for carrying mails on American steamships, between ports of the U. S. and such ports in foreign countries, the Dominion of Canada excepted, as in his judgment will best subserve and promote the postal and commercial interests of the U. S., the mail service on such lines to be equitably distributed among the Atlantic, Mexican Gulf and Pacific ports. Said contracts shall be made with the lowest responsible bidder on each route, and the Postmaster-General shall have the right to reject all unreasonable bids.
Before making any contract for carrying ocean mails the Postmaster-General must give public notice by advertising once a week, for three months, in daily papers in each of