Proviso. Parentage limitation not applicable. Vol. 40, p. 564. Chickasaw, and Seminole Nations and the Quapaw Agency in Oklahoma, during the fiscal year ending June 30, 1921: Provided, That this appropriation shall not be subject to the limitation in section 1 of the Act of May 25, 1918 (Fortieth Statutes, page 564), limiting the expenditure of money to educate children of less than one-fourth Indian blood." Approved, March 12, 1920. March 15, 1920. [S. 3037.] [Public, No. 159.] plies. vehicles, equipment, etc., directed. partment, for roads. Vol. 40, p. 1201. Post, p. 584. Proviso. CHAP. 100.-An Act To authorize the Secretary of War to transfer certain surplus motor-propelled vehicles and motor equipment and road-making material to various services and departments of the Government, and for the use of the States. Be it enacted by the Senate and House of Representatives of the United Army surplus sup- States of America in Congress assembled, That the Secretary of War Transfers of motor be, and he is hereby, authorized and directed to transfer such motorpropelled vehicles and motor equipment, including spare parts, pertaining to the Military Establishment as are or may hereafter be found to be surplus and no longer required for military purposes, to (a) the Department of Agriculture, for use in the improvement of highways and roads under the provisions of section 7 of the Act approved February 28, 1919, entitled "An Act making appropriations for the service of the Post Office Department, for the fiscal year 1920, and for other purposes": Provided, however, That no more motor-propelled vehicles, motor equipment, and other war material, equipment, and supplies, the transfer of which is authorized in this Act, shall be transferred to the Department of Agriculture for the purposes named in section 7 of said Act than said Department of Agriculture shall certify can be efficiently used for such purposes within a reasonable time after such transfer; (b) the Post Office DeFor Public Health partment for use in the transmission of mails; and (c) the Treasury Department, for the use of the Public Health Service under the provisions of section 3 of the Act approved March 3, 1919, entitled "An Act to authorize the Secretary of the Treasury to provide hospital and sanatorium facilities for discharged sick and disabled soldiers, Sailors, and marines." For Postal Service. Service. Surplus road making material transferred to Agricultural Depart ment. Vol. 40, p. 1201. Items specified. SEC. 2. That the Secretary of War is hereby authorized and directed to transfer to the Department of Agriculture, under the provisions of section 7 of the Act approved February 28, 1919, entitled "An Act making appropriations for the service of the Post Office Department for the fiscal year 1920, and for other purposes," for use in the improvement of highways and roads, as therein provided, the following war material, equipment, and supplies pertaining to the Military Establishment as are or may hereafter be found to be surplus and not required for military purposes, to wit, road rollers, graders, and oilers; sprinkling wagons; concrete mixers; derricks; pile-driver outfits complete; air and steam drill outfits; centrifugal and diaphragm pumps with power; rock crushers; clamshell and orange-peel buckets; road scarifiers; caterpillar and drag-line excavators; plows; cranes; trailers; rubber and steam hose; asphalt plants; steam shovels; dump wagons; hoisting engines; air-compressor outfits with power; boilers; drag, Fresno, and wheel scrapers; stump pullers; wheelbarrows; screening plants; wagon loaders; blasting machines; hoisting cable; air hose; corrugated-metal culverts; explosives and exploders; engineers' transits, levels, tapes, and similar supplies and equipment; drafting machines; planimeters; fabricated bridge materials; industrial railway equipment; conveyors, gravity and power; donkey engines; corrugated-metal roofing; steel and iron pipe; wagons and similar equipment and supplies such as are used directly for road-building purposes. transferred to Forest SEC. 3. That the Secretary of War is also hereby authorized and Telephone supplies directed to transfer to the Department of Agriculture, for the use of Service. the Forest Service, such telephone supplies pertaining to the Military Establishment which have been found to be surplus and no longer required for military purposes and are needed for the present use of the said service. Proviso. SEC. 4. That freight charges incurred in the transfer of the property Freight charges, etc. provided for in this Act shall not be defrayed by the War Department, and if the War Department shall load any of said property for shipment the expense of said loading shall be reimbursed the War Department by the department to which the property is transferred by an adjustment of the appropriations of the two departments: Provided, however, That any State receiving any of said property for States to pay for use in the improvement of public highways shall, as to the property property received by it receives, pay to the Department of Agriculture the amount of 20 per centum of the estimated value of said property, as fixed by the Secretary of Agriculture or under his direction, against which sum ducted the said State may set off all freight charges paid by it on the shipment of said property, not to exceed, however, said 20 per centum. Freight charges de State title to ve SEC. 5. That the title to said vehicles and equipment shall be and hicles, etc. remain vested in the State for use in the improvement of the public highways, and no such vehicles and equipment in serviceable condition shall be sold or the title to the same transferred to any in- Proviso. dividual, company, or corporation: Provided, That any State highway Rental for public department to which is assigned motor-propelled vehicles and other highways. equipment and supplies, transferred herein to the Department of Agriculture, may, in its discretion, arrange for the use of such vehicles and equipment, for the purpose of constructing or maintaining public highways, with any State agency or municipal corporation at a fair rental which shall not be less than the cost of maintenance and repair of said vehicles and equipment. Prohibition on veapplicable to author Vol. 38, p. 508. Vol. 40, p. 1201. SEC. 6. That the provisions of the Act of July 16, 1914 (Thirty- hicle expenditures not eighth Statutes, page 454), prohibiting the expenditure of appro-ized transfers. priations by any of the executive departments or other Government establishments for the maintenance, repair, or operation of motorpropelled or horse-drawn passenger-carrying vehicles in the absence of specific statutory authority, shall not apply to vehicles transferred, or hereafter to be transferred, by the Secretary of War to the Department of Agriculture for the use of the Department under the provisions of this Act, or under the provisions of section 7 of the Act of February 28, 1919, referred to in section 1 hereof: Provided, however, That nothing in this Act contained shall be held or construed to not affected. modify, amend, or repeal the provisions of the last proviso under the p. 105. item entitled "Contingencies of the Army," as contained in the Act entitled "An Act making appropriations for the support of the Army for the fiscal year ending June 30, 1920, and for other purposes, approved July 11, 1919, except as to direction for the transfer of those articles enumerated in section 2 hereof. Approved, March 15, 1920. Proviso. Sales to States, etc., Public Laws,1st sess., CHAP. 101.-An Act To amend section 98 of an Act entitled "An Act to codify, revise, and amend the laws relating to the judiciary," approved March 3, 1911, as amended. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 98 of an Act March 17, 1920. [S. 3696.] [Public, No. 160.] United States courts. ed. Vol. 36, p. 1120, amend- entitled "An Act to codify, revise, and amend the laws relating to the judiciary," approved March 3, 1911, as amended, is hereby amended to read as follows: Vol. 38, p. 728. North Carolina judicial districts. Eastern. Terms. "SEC. 98. The State of North Carolina is divided into two districts, to be known as the eastern and western districts of North Carolina. The eastern district shall include the territory embraced on the 1st day of July, 1910, in the counties of Beaufort, Bertie, Bladen, Brunswick, Camden, Chatham, Cumberland, Currituck, Craven, Columbus, Chowan, Carteret, Dare, Duplin, Durham, Edegcombe, Franklin, Gates, Granville, Greene, Halifax, Harnett, Hertford, Hyde, Johnston, Jones, Lenoir, Lee, Martin, Moore, Nash, New Hanover, Northampton, Onslow, Pamlico, Pasquotank, Pender, Perquimans, Person, Pitt, Robeson, Richmond, Sampson, Scotland, Tyrrell, Vance, Wake, Warren, Washington, Wayne, and Wilson. Terms of the district court for the eastern district shall be held at Laurinburg on the Monday before the last Mondays in March and September; at Wilson on the first Mondays in April and October; at Elizabeth City on the second Mondays in April and October; at Washington on the third Mondays in April and October; at Newbern on the fourth Mondays in April and October; at Wilmington on the second Monday after the fourth Mondays in April and October; and at Raleigh on the fourth Monday after the fourth Mondays in April and October and in addition for the trial of civil cases on the first Mondays in March and September: Provided, That the city of Washington, the city of Laurinton, Laurinburg, and burg, and the city of Wilson shall each provide and furnish at its own expense a suitable and convenient place for holding the district court at Washington, at Laurinburg, and at Wilson until a courthouse shall be constructed by the United States. The clerk of the court for the eastern district shall maintain an office in charge of himself or a deputy at Raleigh, at Wilmington, at Newbern, at Elizabeth City, at Washington, at Laurinburg, and at Wilson, which shall be kept open at all times for the transaction of the business of the court. Additional terms at Raleigh. Proviso. Rooms at WashingWilson. Offices. "The western district shall include the territory embraced on the 1st day of July, 1910, in the counties of Alamance, Alexander, Ashe, Alleghany, Anson, Buncombe, Burke, Caswell, Cabarrus, Catawba, Cleveland, Caldwell, Clay, Cherokee, Davidson, Davie, Forsyth, Guilford, Gaston, Graham, Henderson, Haywood, Iredell, Jackson, Lincoln, Montgomery, Mecklenburg, Mitchell, McDowell, Madison, Macon, Orange, Polk, Randolph, Rockingham, Rowan, Rutherford, Stanly, Stokes, Surry, Swain, Transylvania, Union, Wilkes, Watauga, Yadkin, and Yancey. Terms of the district court for the western district shall be held in Greensboro on the first Mondays in June and December; at Statesville on the third Mondays in April and October; at Salisbury on the fourth Mondays in April and October; at Asheville on the first Mondays in May and November; at Charlotte on the first Mondays in April and October; and at Wilkesboro on the fourth Mondays in May and November. The clerk of the court for the western district shall maintain an office in charge of himself or a deputy at Greensboro, at Asheville, at Statesville, and at Wilkesboro, which shall be kept open at all times for the transaction of the business of the court." SEC. 2. That the Act entitled "An Act providing for the establishment of two additional terms of the district court for the eastern district of North Carolina at Raleigh, North Carolina," approved April 27, 1916, is hereby repealed. Approved, March 17, 1920. CHAP. 102.—An Act To authorize the construction of a bridge and approaches thereto across the Columbia River, between the towns of Pasco and Kennewick, in the State of Washington. March 17, 1920. [H. R. 12164.] [Public, No. 161.] Columbia River. Charles G. Huber may bridge, between wash. Pasco and Kennewick, Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Charles G. Huber, his heirs, executors, administrators, or assigns, be, and he or they are hereby, authorized to construct, maintain, and operate a bridge and approaches thereto across the Columbia River, at a point suitable to the interests of navigation, such bridge to extend from the east bank of said river adjacent to the town of Pasco, Washington, at a point not more than two miles upstream from the Northern Pacific Railway bridge across said river, to a point on the west bank of said river adjacent to the town of Kennewick, Washington, in accordance with Construction. the provisions of the Act entitled "An Act to regulate the construction of bridges over navigable waters," approved March 23, 1906. SEC. 2. That the right to alter, amend, or repeal this Act is hereby expressly reserved. Approved, March 17, 1920. Vol. 34, p. 84. Amendment. CHAP. 103.-An Act Authorizing F. R. Beals to construct, maintain, and operate a bridge across the Nestucca River, in Tillamook County, Oregon. March 17, 1920. [H. R. 12213.] [Public, No. 162.] Nestucca River. County, Wash. Location. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That authority is hereby F. R. Beals may granted to F. R. Beals and his assigns, to construct, maintain, and bridge, in Tillamook operate a bridge and approaches thereto across the Nestucca River, in Tillamook County, Oregon, connecting the northerly part of lot one with the northerly part of lot ten, in section thirty, township four south, range ten west, Willamette meridian, in Oregon, and at a point suitable to the interests of navigation, in accordance with Construction. the provisions of the Act entitled "An Act to regulate the construction of bridges over navigable waters," approved March 23, 1906. SEC. 2. That the right to alter, amend, or repeal this Act is hereby Amendment. expressly reserved. Approved, March 17, 1920. Vol. 34, p. 84. CHAP. 104.-An Act To give effect to certain provisions of the convention for the protection of trade-marks and commercial names, made and signed in the city of Buenos Aires, in the Argentine Republic, August 20, 1910, and for other purposes. March 19, 1920. (H. R. 9023.] [Public, No. 163.] commercial names. Trade-marks and Register to be kept of, communicated by reaus. Vol. 39, p. 1675. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Commissioner of Patents shall keep a register of (a) all marks communicated to him by the international bureaus provided for by the convention for the Pan American Bu protection of trade-marks and commercial names, made and signed in the city of Buenos Aires, in the Argentine Republic, August 20, 1910, in connection with which the fee of $50 gold for the international registration established by article 2 of that convention has been paid, which register shall show a facsimile of the mark; the name and resi- Contents. dence of the registrant; the number, date, and place of the first registration of the mark, including the date on which application for such registration was filed and the term of such registration, a list of goods to which the mark is applied as shown by the registration in the country of origin, and such other data as may be useful concerning the mark. Other marks to be (b) All other marks not registerable under the Act of February 20, registered. 1905, as amended, except those specified in paragraphs (a) and (b) Vol. 37, p. 649. Requirements. Proviso. of section 5 of that Act, but which have been in bona fide use for not less than one year in interstate or foreign commerce, or commerce with the Indian tribes by the proprietor thereof, upon or in connection with any goods of such proprietor upon which a fee of $10 has been paid to the Commissioner of Patents and such formalities as required Refusal, if identical by the said commissioner have been complied with: Provided, That with known trade trade-marks which are identical with a known trade-mark owned and marks, etc. used in interstate and foreign commerce, or commerce with the Indian tribes by another and appropriated to merchandise of the same descriptive properties as to be likely to cause confusion or mistake in the mind of the public or to deceive purchasers, shall not be placed on this register. Cancelation of registration. Proceedings to se cure. SEC. 2. That whenever any person shall deem himself injured by the inclusion of a trade-mark on this register, he may at any time apply to the Commissioner of Patents to cancel the registration thereof. The commissioner shall refer such application to the examiner in charge of interferences, who is empowered to hear and determine this question, and who shall give notice thereof to the registrant. If it appear after a hearing before the examiner that the registrant was not entitled to the exclusive use of the mark at or since the date of his application for registration thereof, or that the mark is not used by the registrants or has been abandoned, and the examiner shall so decide, the commissioner shall cancel the registration. Appeal may be taken to the commissioner in person from the decision of the Falsely indicating examiner in charge of interferences. Appeals. origin of marked goods in interstate commerce, unlawful. ages, etc. Liability for using counterfeit, etc., marks in trade. SEC. 3. That any person who shall willfully and with intent to deceive, affix, apply, or annex, or use in connection with any article or articles of merchandise, or any container or containers of the same, a false designation of origin, including words or other symbols, tending to falsely identify the origin of the merchandise, and shall then cause such merchandise to enter into interstate or foreign commerce, and any person who shall knowingly cause or procure the same to be transported in interstate or foreign commerce or commerce with Indian tribes, or shall knowingly deliver the same to any carrier to Liability for dam- be so transported, shall be liable to an action at law for damages and to an action in equity for an injunction, at the suit of any person, firm, or corporation doing business in the locality falsely indicated as that of origin, or in the region in which said locality is situated, or at the suit of any association of such persons, firms, or corporations. SEC. 4. That any person who shall without the consent of the owner thereof reproduce, counterfeit, copy, or colorably imitate any trademark on the register provided by this Act, and shall affix the same to merchandise of substantially the same descriptive properties as those set forth in the registration, or to labels, signs, prints, packages, wrappers, or receptacles intended to be used upon or in connection with the sale of merchandise of substantially the same descriptive properties as those set forth in such registration, and shall use, or shall have used, such reproduction, counterfeit, copy, or colorable imitation in commerce among the several States, or with a foreign nation, or with the Indian tribes, shall be liable to an action for damages therefor at the suit of the owner thereof; and whenever in any such action a verdict is rendered for the plaintiff the court may enter judgment therein for any sum above the amount found by the verdict as the actual damages, according to the circumstances of the case, not exceeding three times the amount of such verdict, together with the costs. Punitive damages allowed. Registrants to comply with international regulations. SEC. 5. That it shall be the duty of a registrant under this Act of a mark falling within class (a) of section 1, to comply with the law of the country in which his original registration took place, in respect to giving notice to the public that the trade-mark is registered, in connection with the use of such trade-mark in the United States of |