TIT

CHAPTER 47a.-LABELS.

3549 SECTION 1. [Adoption.] That it shall be lawful for associations, and unions of workingmen to adopt for their protection, labels, trade marks, and other forms of advertisement, announcing that goods manufactured by members of such associations or unions, are as manufactured. [Laws, 1891, chap. 15, § 1.]

3550 SEC. 2. [Misuse-Counterfeit-Penalty.] That any and all persons using such union or association trade marks, labels, or advertisements, whether exactly like such labels, trade marks, or advertisements or not, if with the intention to, or likely to deceive the public, and that every person who shall use any counterfeited label, trade mark, or form of advertisement of such unions or associations, knowing the same to be counterfeited, after having been notified in writing by the owner thereof, or his or its agents that the same is counterfeited, shall be guilty of a misdemeanor, punishable by imprisonment for not less than three (3) months nor more than one (1) year, or by a fine of not less than one hundred (100) dollars, nor more than five hundred (500) dollars, or both; Provided, That such notice in writing contains a copy, counterpart, or fac simile of such genuine label, trade mark or forms of advertisement. [Id., § 2.]

3551 SEC. 3. [Filing-Certificate.] And be it enacted, that every such association or union adopting a label, trade mark, or form of advertisement as aforesaid, shall file the same in the office of the secretary of state, who shall, under his hand and seal, deliver to the association or union filing the same, a certificate of record, for which he shall receive a fee of twenty-five (25) cents. [Id., § 3.]

3552 SEC. 4. [Suits against counterfeiters.] And be it enacted, that every such association or union adopting a label, trade mark, or form of advertisement as aforesaid, may proceed, by suit in the courts of this state, to enjoin the manufacture, use, display, or sale of any such counterfeits, and that all courts having jurisdiction thereof shall grant an injunction to restrain and prevent such manufacture, use, display, or sale, and shall award the complainants such damages resulting from such wrongful use as may be proved, and shall require the defendants to pay to the party injured the profits derived from such wrongful use, or both profits and damages; and the court shall also order all such counterfeits, in the possession, or under the control of the defendant in such case to be delivered to an officer of the court or to the complainant, to be destroyed. [Id., § 4.]

3553 SEC. 5. [Suits against wrongful users.] And be it enacted, that in like manner such unions or associations shall be authorized to proceed against all persons who shall wrongfully use, or display the genuine labels, trade marks, or forms of advertisments of the respective associations or unions not being authorized by such associations or unions to use or display the same. [Id., § 5.]

3553a SEC. 6. [Binder twine.] That a stamp or label shall be placed on every ball of binder twine sold, exposed or offered for sale in this state, giving the name of the manufacturer or importer and the number of feet to the pound in such ball. [1901, ch. 41, § 1.]

3553b SEC. 7. [Same, penalty.] Every manufacturer, importer or dealer, who fails to comply with the provisions of Section One of this act, shall upon conviction, be liable to a fine of twenty-five cents for each and every such ball sold, offered or exposed for sale; Provided, however, the deficiency in length shall not exceed five per cent of the amount as stated on the label or stamp, as herein provided. [Id., § 2.]

CHAP. 47a. "An Act to protect the associations and unions of workingmen in the use of labels, trade marks and other forms of advertising goods manufactured by members of such associations and unions, and to provide a penalty for the violation thereof." Laws, 1891. ch. 15. Took effect July 5, 1891.

SECS. 6, 7.

"An Act to require a stamp or label on every Ball of Binder Twine sold, offered or exposed for Sale within the State of Nebraska, and providing a penalty for the violation thereof." Laws, 1901, ch. 41. Took effect June 28, 1901.

CHAPTER 48.-LEGISLATURE.

3554 SECTION 1. [Certificate of members.] The clerks of each house shall file the certificates presented by members, each for his own house, and make a roll of the members who thus appear to be elected, and the persons thus appearing to be elected members shall proceed to elect such other officers as may be required for the time being. [R. S., § 3. G. S., § 3.]

3555 SEC. 2. [Joint committee on credentials.] When the houses are temporarily organized they shall elect a committee of five on the part of the house and three on the part of the council, by ballot, which committee shall examine and report upon the credentials of those claiming to be elected members of their respective houses, and when such report is made, those reported as elected shall proceed to the permanent organization of their respective houses, and each house shall be the sole judge of the election returns and qualifications of its own members. {Id., § 4.]

3556 SEC. 3. [Oaths.] Any member may administer oaths in the house of which he is a member, and while acting on a committee may administer oaths on the business of such committee. [Id., § 5.]

3557 SEC. 4. [Not liable for words spoken in debate.] No member of the legislative assembly shall be questioned in any other place for any speech or words spoken in debate in either house. [Id., § 6.]

3558 SEC. 5. [Contempts.] Each house of the legislative assembly has power and authority to punish as a contempt by fine or imprisonment, or either of them, the offense of knowingly arresting a member in violation of his privilege; of assaulting or threatening to assault a member, or threatening to do him any harm, in person or property, for anything said or done in either house, as a member thereof; of attempting, by menace or other corrupt means, to control or influence a member in giving his vote, or to prevent his giving it; of disorderly or contemptuous conduct, tending to disturb its proceedings; of refusing to attend, or to be sworn, or to be examined as a witness before either house or a committee, when duly summoned; of assaulting or preventing any person going to either house or its committee by order thereof, knowing the same; of rescuing or attempting to rescue any person arrested by order of either house, knowing such arrest; and of knowingly injuring any officer of either house in the discharge of his duties as such. [Id., §7.]

3559 SEC. 6. [Imprisonment.] Imprisonment for contempt of either house shall not be for more than six hours, and shall be in the jail of the county in which the legislative assembly may then be sitting, or if there be no jail, then in one of the nearest county jails. [Id., § 8.]

3560 SEC. 7. [Fine.] Should a fine be imposed for any offense mentioned in section seven, it shall not exceed fifty dollars. [Id., § 9.]

3561 SEC. 8. [Same-Warrant of commitment.] Fines and imprisonment shall be only by virtue of an order of the proper house, entered on its journals, stating the grounds therefor. Imprisonment shall be effected by a warrant, under the hand of the presiding officer, for the time being, of the house ordering it, countersigned by the clerk of the house, running in the name of the state and directed to the sheriff of the proper county; and under such warrant, the officer of the house, sheriff, and jailer will be authorized to arrest and detain the person. [Id., $ 10.]

CHAP. 48. Chap. XXXI. R. S., 249. Chap. 38, G. S., 457. Secs. 1 and 2 of original chapter, abrogated by sec. 7. art. III., Const., are omitted.

3562 SEC. 9. [Same-Collection.] Fines shall be collected by virtue of a similar warrant, directed to any proper officer of the county in which the offender has property, and executed in the same manner as executions for fines issued by courts of justice, and the proceeds shall be paid into the state treasury. [Id., § 11.]

3563 SEC. 10. [Punishment no bar.] Punishment for contempt, as in this chapter provided, is no bar to any other proceeding, civil or criminal, for the same offense. [Id., § 12.]

3564 SEC. 11. [Officers and employees of senate.] That the officers and employes of the senate shall consist of a president, secretary, assistant secretary, sergeant-at-arms, door-keeper, enrolling clerk, engrossing clerk, chaplain, and such other officers and employes, not to exceed sixty-six in number, as may be deemed necessary for the proper transaction of business, such other officers or employes to be elected by the senate. 1885, chap. 61. [Amended 1889, chap. 86.]

3565 SEC. 12. [Officers and employees of house.] The officers and employes of the house of representatives shall consist of a speaker, chief clerk, assistant clerk, sergeant-at-arms, door-keeper, enrolling clerk, engrossing clerk, chaplain, and such other officers and employes, not exceeding seventy-five in number, as may be deemed necessary for the proper transaction of business. Such other officers or employes to be elected by the house. [Id.]

3566 SEC. 13. [Officers' per diem.] There shall be paid to each of the several officers and employees named in this act, for the official services rendered by them under the provisions of this act, the following sums, and no more: The president of the senate and speaker of the house of representatives shall each be entitled to receive the sum of three dollars per day; the secretary and chief clerk, the sum of four dollars per day; the assistant clerks, the sum of four dollars per day; the sergeant-at-arms, the sum of three dollars per day; the door-keeper, the sum of three dollars per day; the chaplains, the sum of three dollars per day; and the pages the sum of one dollar and fifty cents per day; enrolling and engrossing clerks three dollars per day.

3567 SEC. 14. [Officers' duties.] It shall be the duty of the president of the senate and speaker of the house of representatives to preside over their respective houses, to keep and maintain order during the sessions thereof, and to do and perform the duties devolving on them by general parliamentary usage, and the rules adopted by the two houses. It shall be the duty of the chief clerk of the house of representatives, and the secretary of the senate, to attend the sessions of the respective houses, to call the rolls, read the journals, bills, memorials, resolutions, petitions, and all other papers or documents necessary to be read in either house, to keep a correct journal of the proceedings in each house, and to do and perform such other duties as may be imposed upon them by the two houses, or either of them. The assistant clerk and assistant secretary shall be under the control and direction of the chief clerk and secretary respectively, and shall assist them in the proper discharge of their duties, and shall do and perform such other services as may be directed by the two houses, or either of them. It shall be the duty of the sergeant-at-arms to enforce the attendance of absent members, when directed properly so to do, to arrest all members or other persons, when lawfully authorized so to do, to keep and preserve order during the session of each house, to convey to the post-office the mail matter sent by the respective members, and to receive from the said office the mail matter for the said members, and to deliver the same to them on each morning of the session; to obey and enforce the orders of the presiding officers, and to do and perform such other duties as may be enjoined on them by law and the respective houses. It shall be the duty of the door-keepers to prepare and keep in order the

SEC. 14. Journals as evidence. 59 Neb., 106.

senate chamber and hall of the house, including cleaning and warming the same; to attend to and keep closed the door and bar of the respective houses, unless otherwise directed by the presiding officers thereof; and to do and perform such other duties as may be enjoined on them by either house. It shall be the duty of the engrossing clerk to correctly engross such bills as may be required to be engrossed by the committee on engrossed and enrolled bills, and to perform such other duties as may be required by either house. It shall be the duty of the enrolling clerk to correctly and neatly enroll all such bills as may be placed in his hands therefor, and to perform such other duties as may be enjoined on him by either house. It shall be the duty of the chaplains to open the sessions of each house with prayer, and to perform such other duties as may be imposed on them. And it shall be the duty of the pages to act under and as directed by the presiding officers of the respective houses. It shall also be the duty of the sergeant-at-arms to procure a national flag, and to place the same on the top of the capitol building, there to be kept during the time each or either of the two houses shall be in session, and after the adjournment of the two houses the said flag shall be taken down and kept down until the opening of the session of one of the two houses.

3568 SEC. 15. [Proposals for printing.] The auditing board for state printing, consisting of the secretary of state, auditor of public accounts, and state treasurer, shall within thirty days after the adjournment of each session of the legislature receive proposals from the daily newspapers of the state for one publication in said paper of a statement to be prepared by the auditor of public accounts as hereinafter provided. [1877, § 1, 157.]

3569 SEC. 16. [Contract.] The said board of audit shall award the contract to one of the three daily papers having the largest daily circulation in the state, the same to be ascertained by the affidavit of the publishers thereof, and from such other reliable information as said board may be able to obtain. [Id., § 2.]

3570 SEC. 17. [Auditor to prepare statements.] After said award has been made as aforesaid, the auditor of public accounts shall prepare, or cause to be prepared, a certified statement of all appropriations whatever made by the last session of the legislature, and also a full statement of the expenses of said legislative session, specifying the amount of each item, and to whom and for what paid. [Id., $ 3.]

3571 SEC. 18. [Expenses.] The expenses incurred by virtue of the provisions of this act shall be audited and paid in the manner now provided by law for the payment of other state printing. [Id., § 4.]

3572-3577 SECS. 19-24. [Legislative supplies. Repealed by sec. 15, chap. 48, Laws, 1897, (chap. 68, post), which see.]

3578 SEC. 25. [Removing supplies-Larceny.] No person shall be allowed to remove from either branch of the legislature any supply or fixture, or other thing, belonging to the state, except as in section 6 provided, and any one adjudged guilty of the violation of this section shall be punished as the statutes provide for larceny. [Id., § 7.]

SECS. 15-18. "An act to provide for preparing and publishing a full statement of moneys expended at each session of the legislature."Laws, 1877, 157. Took effect June 1, 1877.

SEC. 25. Sec. 7 of "An act to provide for the method of purchasing all manner of supplies for the legislature and to regulate the use and care of the same, and providing a penalty for the violation thereof, and repealing al statute in conflict therewith." Took effect July 6, 1895. Laws, 1895, chap. 46. Sec. 6 of said act is repealed. It was sec. 24 of this chapter.

CHAPTER 49.-LIBRARIES.

3579 SECTION 1. [Establishment-Taxes.] The city or town council of each incorporated city or town shall have the power to establish and maintain a public library and reading room free for use of the inhabitants of such city or town, and may levy a tax of not more than two mills on the dollar annually, to be levied and collected in like manner as other taxes of said city or town, and to be known as the library fund. [1877, § 1, 150. Amended 1901, chap. 42.]

3580 SEC. 2. [Directors.] When any city or town council shall have decided by ordinance to establish and maintain a public library and reading room under this act, they shall elect a library board of nine directors, to be chosen from the citzens at large, of which board neither the mayor or any member of the city or town council shall be a member. Such directors, first elected, shall hold their office, three for the term of one year, three for the term of two years, and three for the term of three years, from the first day of July following their appointment, and three directors shall be chosen annually thereafter, and in cases of vacancies by resignation, removal, or otherwise, the council shall fill such vacancy for the unexpired term, and no director shall receive any pay or compensation for any services rendered as a member of such board, and such directors shall give such bond as the council may require.

3581 SEC. 3. [Same-Powers-Duties.] Such directors shall, immediately after their appointment, meet and organize, by electing one of their number president and such other officers as may be necessary. Five of such board shall be a quorum. They shall have power to make and adopt such by-laws, rules, and regulations for their own guidance, and for the government of the library and reading room as they may deem expedient, subject to the supervision and control of the city or town council, and not inconsistent with this act. They shall have exclusive control of expenditures of all moneys collected or donated to the credit of the library fund, and of the renting or construction of any library building, the supervision, care and custody of the grounds, rooms, or buildings, constructed, leased, or set apart for that purpose.

3582 SEC. 4. [Funds.] Any tax levied or collected, or funds donated thereto, shall be kept for the use of such library separate and apart from other funds of said city or town, and shall be drawn upon by the proper officers upon the authenticated vouchers of the library board, and shall not be used or disbursed for any other purpose.

3583 SEC. 5. [Board-Powers-Rules.] The library board shall have power to purchase or lease grounds; to erect, lease, or occupy an appropriate building, for the use of such library; to appoint a suitable librarian and assistants, to fix their compensation, and to remove their appointments at pleasure; and shall have power to establish regulations for the government of such library as may be deemed necessary for its preservation, and to maintain its usefulness and efficiency, and to fix and impose by general rules, penalties and forfeitures, for trespasses, or injury upon or to the library grounds, rooms, books, or other property, or failure to return any book, or for violation of any by-law or regulation; and shall have and exercise such power as may be nccessary to carry out the spirit and intent of this act, in establishing and maintaining a public library and reading room.

CHAP. 49.

"An Act to authorize incorporated towns and cities to establish and maintain free public libraries and reading rooms." Laws, 1877, 150 Took effect June 1, 1877. For state library see chap. 85, post.