monwealth, one of which copies or facsimiles shall be attached by the secretary of the commonwealth to the certificate of record hereinafter referred to. The applicant shall file with the label a certificate specifying the name of the person so filing such label, his residence, situation or place of business, the kind of merchandise to which such label has been or is intended to be appropriated, and the length of time, if any, during which it has been in use. If such label has not been and is not intended to be used in connection with merchandise, the particular purpose or use for which it has been or is intended shall be stated in the certificate. Such certificate shall be accompanied by a written declaration, verified under oath by the person, or by a member of the firm or by an officer of the association, union or corporation, by which it is filed, that the party so filing such label has a right to use the same, and that no other person 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 copies or facsimiles filed therewith are true. The secretary of the commonwealth shall issue to the person depositing such label a certificate of record, under the seal of the commonwealth, and the secretary shall cause the certificate to be recorded in his office. Such certificate of record, or a certified copy of its record in the office of the secretary of the commonwealth, shall in all suits and prosecutions under the provisions of this [and the seven following paragraphs], be sufficient proof of the recording of such label and of the existence of the person named in the certificate. The fee for filing the certificate and declaration and issuing the certificate of record shall be two dollars. No label shall be recorded which could reasonably be mistaken for a label already on record. [R. L., c. 72, § 7.]

946. Regulations and forms for filing. The secretary of the commonwealth is authorized to make regulations, and prescribe forms for the filing of labels, under the provisions of the preceding [paragraph]. [R. L., c. 72, § 8.]

947. Restraint of use of label counterfeits. The supreme judicial court or the superior court shall have jurisdiction in equity to restrain the manufacture, use or sale of counterfeits or imitations of a label, recorded as provided in section 7 [see paragraph 945], shall award damages resulting from such wrongful manufacture, use or sale and shall require the defendant to pay the owner of such label the profits derived from such wrongful manufacture, use or sale; and may also order that all such counterfeits or imitations in his possession or control be delivered to an officer of the court, or to the complainant, to be destroyed. If the complainant is not incorporated, suits under the provisions of sections 7, 8, and 10 to 14, inclusive [see paragraphs 945, 946 and 948 to 952] may be commenced and prosecuted by an officer thereof, on behalf of and for the use of the complainant. Every member of a complainant firm, association or union shall be liable for costs in any such proceeding. [R. L., c. 72, § 9.]

948. Penalty for illegal use of names and labels. Whoever knowingly makes or uses any counterfeit or imitation of any lawful name or label or causes the same to be made or used, or sells, offers for sale, deals in or has in his possession with intent to use, sell, offer for sale or deal in the same, or affixes, impresses or uses such counterfeit or imitation upon any goods, shall be punished by a fine of not more than two hundred dollars or by imprisonment for not more than one year, or by both such fine and imprisonment. [R. L., c. 72, § 10.]

949. Penalty for selling or having in possession false dies, etc. Whoever, with intent to defraud, knowingly casts, engraves or manufactures, or has in his

possession, or buys, sells, offers for sale or deals in, a die, plate, brand, mould, or engraving on wood, stone, metal or other substance, of a label recorded pursuant to the statutes of this commonwealth, or a printing press, or types or other tools, machines or materials provided or prepared for making a counterfeit or imitation of such label, shall be punished by a fine of not more than two hundred dollars or by imprisonment for not more than one year, or by both such fine and imprisonment. [R. L., c. 72, § 11.]

950. Selling goods falsely marked, penalty for. Whoever knowingly sells or exposes for sale goods upon which any lawful name or label or any counterfeit or imitation thereof is unlawfully affixed, impressed, or used shall be punished by a fine of not more than two hundred dollars or by imprisonment for not more than one year, or by both such fine and imprisonment. [R. L., c. 72, § 12.]

951. Aiding and abetting in violation of preceding sections. Whoever, with intent to defraud, knowingly aids or abets in the violation of any of the provisions of the [six] preceding sections shall be punished by a fine of not more than one hundred dollars or by imprisonment for not more than six months, or by both such fine and imprisonment. [R. L., c. 72, § 13.]

952. Defendant may prove ownership of. - In any suit or prosecution under the provisions of the five preceding sections, the defendant may show that he was the owner of such name or label prior to its being filed under the provisions of section 7 [paragraph 945], and that it has been wrongfully filed by some other person. [R. L., c. 72, § 14.]

953. Fraudulent use of names, titles, etc., of organizations. Whoever, wilfully, by color or aid of any false token or writing, or other false pretense or false statement, verbal or written, or without authority of the grand or supreme governing lodge, council, union or other governing body hereinafter mentioned, obtains the signature of any person to any written application, or obtains any money or property for any alleged or pretended degree, or for any alleged or pretended membership in any fraternity, association, society, order, organization or union having a grand or supreme governing lodge, council, union or other governing body in this commonwealth, or in any subordinate lodge or body thereof, shall be punished by imprisonment for not more than one year or by a fine of not more than five hundred dollars, or by both such fine and imprisonment. [Acts, 1968, c. 280, § 1.]

954. Fraudulent publication of names, titles or designations. Whoever, in a newspaper or other publication, or in any written or printed letter, notice, matter or device, without authority of the grand or supreme governing lodge, council, union or other governing body hereinafter mentioned, fraudulently uses or aids in any way in the use of the name, title or common designation of any fraternity, association, society, order, organization or union which has a grand or supreme governing lodge, council, union or other governing body, having priority in such use in this commonwealth, or any name, title or designation so nearly resembling the same as to be calculated or likely to deceive; and whoever, without such authority, fraudulently publishes, sells, circulates or distributes any written or printed letter, notice, matter or device, in any way soliciting members for such fraternity, association, society, order, organization or union, or for any alleged or pretended fraternity, association, society, order, organization or union, using any such name, title, designation, or near resemblance thereto; and whoever therein or thereby in any way, without such authority, fraudulently offers to sell, confer, communicate or give information where,

of whom or by what means any degree or work, in whole or in part, of such fraternity, association, society, order, organization or union, or of any alleged or pretended fraternity, association, society, order, organization or union using any such name, title or designation or near resemblance thereto, can or may be obtained, conferred or communicated, shall be punished by imprisonment for not more than one year or by a fine of not more than five hundred dollars, or by both such fine and imprisonment. [Acts, 1908, c. 280, § 2.]

955. Registration of insignia of labor unions. The insignia, ribbons, badges, rosettes, buttons and emblems of any society, association or labor union may be registered in the office of the secretary of the commonwealth in the manner and subject to the provisions, so far as they are applicable, set forth in R. L., c. 72, § 7 [see paragraph 945] in regard to labels; and the secretary is hereby authorized to make regulations and prescribe forms for such registration. [Acts, 1909, c. 514, § 31.] 956. Penalty for unlawful use. Whoever, not being a member of a society, association or labor union, for the purpose of representing that he is a member thereof, wilfully wears or uses the insignia, ribbon, badge, rosette, button or emblem thereof, if it has been registered in the office of the secretary of the commonwealth, shall be punished by a fine of not more than twenty dollars or by imprisonment for not more than thirty days, or by both such fine and imprisonment. [Acts, 1909, c. 514, § 32.]

MISCELLANEOUS.

957. Membership in labor organizations not to be forbidden.

shall, himself or by his agent, coerce or compel a person into a written or oral agreement not to join or become a member of a labor organization as a condition of his securing employment or continuing in the employment of such person. [Acts, 1909, c. 514, § 19.]

958. Imposition and collection of fines by unions, etc. No fine or notice of intention to impose a fine by any union or any other association, incorporated or unincorporated, or by any authorized representative thereof, upon any member thereof, according to the rules thereof to which such member has agreed to conform, shall be held to be unlawful or coercive as to such member or as to any other person: provided, that such fine is reasonable in amount and is for a purpose which is legal. [Acts, 1911, c. 431.]

959. Savings bank deposits by trade unions. [A savings bank corporation] may receive on deposit from any person not more than one thousand dollars; and may allow interest upon such deposits, and upon the interest accumulated thereon, until the principal, with the accrued interest, amounts to two thousand dollars; and thereafter upon no greater amount than two thousand dollars; but the provisions of this section shall not apply to deposits by a religious or charitable corporation or labor union, or credit union, or in the name of a judge of probate, or by order of any court, or on account of a sinking fund of a city or town in this commonwealth. [Acts, 1908, c. 590, § 46, as am. by Acts, 1909, c. 491, § 7.]

960. Exemption of trade unions, etc., from insurance laws. - Trade unions and other associations of wage workers whose principal objects are to deal with the relation between employers and employees relative to wages, hours of labor and other conditions of employment shall not be subject to the provisions of R. L., c. 119, and c. 120, and Acts, 1907, c. 576 or of such other provisions of law as relate to insurance companies or associations. [Acts, 1909, c. 514, § 30.]

961. Mayor or selectmen to give notice of strike1. A mayor of a city or the selectmen of a town, having knowledge that a strike or lockout such as is described in this act is seriously threatened or actually occurs in such city or town, shall at once give notice to the state board [of conciliation and arbitration]. Notice may be given by the employer or by the employees concerned in the controversy, strike or lockout. . . . [Acts, 1909, c. 514, § 11, as am. by Acts, 1914, c. 681, § 1.]

962. State board to act on notice of strike. When the state board has knowledge that a strike or lockout, which involves an employer and his present or former employees, is seriously threatened or has actually occurred, and such employer at that time is employing, or upon the occurrence of the strike or lockout, was employing not less than twenty-five persons in the same general line of business in any city or town in the commonwealth, the state board shall, as soon as may be, communicate with such employer and employees and endeavor by mediation to obtain an amicable settlement, or endeavor to persuade them to submit the controversy to a local board of conciliation and arbitration or to the state board. . . . [Acts, 1909, c. 514, § 11, as am..by Acts, 1914, c. 681, § 1.]

963. When parties to strike refuse to arbitrate. If a settlement is not agreed upon and the parties refuse to submit the matter in dispute to arbitration, the state board shall investigate the cause of such controversy and ascertain which of the parties thereto is mainly responsible or blameworthy for the existence or continuance of the same, and shall, unless a settlement of the controversy is reached, make and publish a report finding such cause and assigning such responsibility or blame. The state board may employ agents to assist in the said investigation. Said board shall, upon the request of the governor, investigate and report upon a controversy if in his opinion it seriously affects or threatens seriously to affect the public welfare. The state board shall have the same powers for the foregoing purpose as are given to it by the provisions of [§§ 12, 13, 14, and 15, of this act [sce paragraphs 98, and 965 to 967 inclusive]. . . . [Acts, 1909, c. 514, § 11, as am. by Acts, 1914, c. 681, § 1.] 964. Employers and employees to give notice to state board. The state board shall by publication or otherwise inform employers and employees of their duty to give notice to the state board before resorting to a strike or lockout and of the provisions of this act affecting the rights of employers and employees relative to industrial disputes. [Acts, 1909, c. 514, § 11, as am. by Acts, 1914, c. 68!, § 1.] 965. Arbitration. If a controversy which does not involve questions which may be the subject of an action at law or suit in equity exists between an employer, whether an individual, a partnership or corporation employing not less than twenty-five persons in the same general line of business, and his employees, the board shall, upon application as hereinafter provided, and as soon as practicable, visit the place where the controversy exists and make careful inquiry into its cause, and may, with the con

...

1 See also paragraph 694.

sent of the governor, conduct such inquiry beyond the limits of the commonwealth. The board shall hear all persons interested who come before it, advise the respective parties what ought to be done or submitted to by either or both to adjust said controversy, and make a written decision thereof which shall at once be made public, shall be open to public inspection and shall be recorded by the secretary of said board. A short statement thereof may, in the discretion of the board, be published in the annual report, and the board shall cause a copy thereof to be filed with the clerk of the city or town in which said business is carried on. Said decision shall, for six months, be binding upon the parties who join in said application, or until the expiration of sixty days after either party has given notice in writing to the other party and to the board of his intention not to be bound thereby. Such notice may be given to said employees by posting it in three conspicuous places in the shop or factory where they work. [Acts, 1909, c. 514, § 12.]

966. Application for arbitration.

Said application shall be signed by the employer or by a majority of his employees in the department of the business in which the controversy exists, or by their duly authorized agent, or by both parties, and if signed by an agent claiming to represent a majority of the employees, the board shall satisfy itself that he is duly authorized so to do; but the names of the employees giving the authority shall be kept secret. The application shall contain a concise statement of the existing controversy and a promise to continue in business or at work without any lock-out or strike until the decision of the board, if made within three weeks after the date of filing the application. The secretary of the board shall forthwith, after such filing, cause public notice to be given of the time and place for a hearing on the application, unless both parties join in the application and present therewith a written request that no public notice be given. If such request is made, notice of the hearings shall be given to the parties in such manner as the board may order, and the board may give public notice thereof notwithstanding such request. If the petitioner or petitioners fail to perform the promise made in the application, the board shall proceed no further thereon without the written consent of the adverse party. [Acts, 1909, c. 514, § 13.]

967. Expert assistants may be appointed. - In all controversies between an employer and his employees in which application is made under the provisions of the preceding section, each party may, in writing, nominate fit persons to act in the case as expert assistants to the board and the board may appoint one from among the persons so nominated by each party. Said experts shall be skilled in and conversant with the business or trade concerning which the controversy exists, they shall be sworn by a member of the board to the faithful performance of their official duties and a record of their oath shall be made in the case. Said experts shall, if required, attend the sessions of the board, and shall, under direction of the board, obtain and report information concerning the wages paid and the methods and grades of work prevailing in establishments within the commonwealth similar to that in which the controversy exists, and they may submit to the board at any time before a final decision any facts, advice, arguments or suggestions which they may consider applicable to the case. No decision of said board shall be announced in a case in which said experts have acted without notice to them of a time and place for a final conference on the matters included in the proposed decision. Such experts shall receive from the commonwealth seven dollars each for every day of actual service and their necessary travelling expenses. The board may appoint such additional experts as it con