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approved August 5, 1909, including the employment, in the District of Columbia, of such clerical and other personal services and for rent of such quarters as may be necessary, $25,000: Provided, That any and all such returns shall be open to inspection only upon the order of the President under rules and regulations to be prescribed by the Secretary of the Treasury and approved by the President.

Taxes Collected in 1910.

The assessments on corporations for 1910 amounted originally to $27,267,927. Treasury returns show that up to June 30, 1910, $20,959,783 14 had been paid in. From June 30, 1910, to Nov. 19, 1910, $6.259,896 46 was collected.

Numerous suits were brought in the United States courts contesting payments of the tax on the ground of its unconstitutionality. These cases reached the Supreme Court of the United States at the spring session of 1910, but beSuits to cause of the shorthandedness of the court after Associate Justice Brewer's death, were ordered to be reargued at the October term. In the Law. October reargument was postponed until January, 1911.


PROSECUTIONS UNDER THE ANTI-TRUST LAW. Following is a list of the prosecutions of the government under the Sherman antitrust law from the beginning of the Roosevelt administration up to June 30, 1910: United States agt. Allen & Robinson et al. District of Hawaii. Petition to dissolve illegal combination, October 19, 1905. Pending.

Under the Roosevelt

United States agt. Metropolitan Meat Company et al. District of Hawaii. Indictment returned October 21, 1905, charging combination of meat dealers. Pending.

United States agt. Terminal Railroad Association of St. Louis. Eastern District of Missouri. Petition filed November 25, 1905, to dissolve monopoly of terminal facilities at city of St. Louis. Upon disagreement of circuit judges the case came to the Supreme Court and was remanded for further proceedings. The government then attempted to secure rehearing in Circuit Court, and failed, and has again appealed to the Supreme Court.

United States agt. Virginia-Carolina Chemical Company et al. (Fertilizer Trust case.) Indictment returned Middle District of Tennessee, May 25, 1906. Same quashed by Judge McCall, July 3, 1908.

United States agt. American Ice Company et al.

District of Columbia.


ment returned July 12, 1906, charging unlawful agreement to control prices and restrict competition. Pending. District Attorney says is having good effect as it is.

United States agt. Chandlee Ice and Cold Storage Plant et al. Western Oklahoma. Indictment returned September 19, 1906. Pending.

United States agt. Standard Oil Company of New Jersey. East Missouri. Equity suit to dissolve illegal combination instituted November 16, 1906. Decree favor government filed November 20, 1909. Case argued on appeal and submitted to Supreme Court, but will be reargued because of death of Justice Brewer.

United States agt, United Seating Company. Northern Illinois. Indictment returned March 12, 1909. Pleas of guilty entered May 20, 1907, and fines aggregating $43,000 imposed.

United States agt. Santa Rita Miming Company and Santa Rita Store Company. New Mexico. Indictment returned April 4, 1907. Conviction secured on April 14, 1907, and each defendant fined $1,000. Case appealed. United States agt. Reading Company et al. Eastern Pennsylvania. Petition in equity to dissolve anthracite coal combination filed June 12, 1907. Case has been argued and submitted to the Circuit Court.

United States agt. American Tobacco Company et al. Southern District of New York. Petition to dissolve illegal combination filed July 10, 1907. November 7, 1908, decision was rendered in favor of government except as to certain foreign corporations. Appealed by both sides. Argued and submitted to Supreme Court last session, but will be reargued because of the death of Justice Brewer.

(Powder Trust case.) DelaTaking of testimony will be com

United States agt. Du Pont de Nemours Company. ware. Petition for dissolution filed July 30, 1907. pleted within thirty days and case set for argument.

United States agt. H. D. Corbett Stationery Company et al., Arizona. found November 1, 1907. Jury verdict not guilty, November 8, 1908.


United States agt. National Umbrella Frame Company et al., Southern District of New York. Indictment returned July 1, 1907. Pending.

United States agt. Union Pacific Coal Company et al., Utah. November 20, 1907. Indictment for conspiracy under Sherman act. Conviction secured in lower court, but judgment reversed by Circuit Court of Appeals,

United States agt. 175 cases of cigarettes, Eastern Virginia. Information filed October 28, 1907, for violation of Section 6 of the Sherman act. Pending.

United States agt. Simmons et al., Southern Alabama. Indictment returned January 20, 1908, charging combination of master plumbers. Pleas of guilty entered.

United States agt. Union Pacific Railroad Company et al., Utah. Equity suit to dissolve merger. Petition filed February 1, 1908. Taking of testimony completed and case set for argument next October.

United States agt. Stiefvater et al.. Eastern Louisiana. Indictment returned February 15, 1908, charging plumbers' trust. Recently ordered dismissed, on account of insufficiency of evidence.

United States agt. American Naval Stores Company et al., Southern Georgia.

April 11, 1908, indictment returned. May 10, 1909, verdict of guilty entered as to five individual defendants. Fines imposed aggregating $17,500 and two defendants sentenced to three months in jail. Appealed to Circuit Court of Appeals, where it is now pending.

United States agt. John Parks et al., Southern New York. Indictment returned June 16, 1908. June 19, 1908, all defendants pleaded guilty and were sentenced to pay a fine of $2,000 each. Total $50,000 paid.

United States agt. New York, New Haven & Hartford Railroad Company et al., Massachusetts. Petition filed May 22, 1908, to dissolve alleged merger. Discontinued by the United States June 26, 1909.

United States agt. Albia Box and Paper Company et al. Indictments returned December 19, 1909, charging restraint of trade. Pleas of guilty entered February 7, 1910, and fines aggregating $57,000 assessed.

Under the Taft
United States agt. American Sugar Refining Company et al.
Administration. Southern New York. Indictment under anti-trust act July 1,
1909. Now pending.

So-called Night

United States agt. John S. Steers et al. Eastern Kentucky. Rider case. Indictment returned February 17, 1910. April 16, 1910, verdict of guilty as to eight defendants and fines aggregating $3,500 imposed. United States agt. National Packing Company et al.

ment returned March 2, 1910. Pending.

United States agt. National Packing Company et al. equity for dissolution filed March 21, 1910. Pending.

Northern Illinois. Indict

Northern Illinois. Bill of

United States agt. Imperial Window Glass Company et al. Western Pennsylvania. Indictment found April 7, 1910. Set for hearing on demurrer.


United States agt. American Paper Board Company et al. Southern New York. Petition filed April, 1910, praying for dissolution paper board combination. United States agt. Armour Packing Company et al. Savannah, Ga. charging combination to control prices and restrict competition returned April 30, 1910. Pending.

United States agt. Missouri Pacific Railroad Company and twenty-four other railroads. Petition to restrain violation of Sherman law, filed May 31, 1910, and temporary restraining order issued.


United States agt. Southern Wholesale Grocers' Association. Bill in equity praying for dissolution filed June 9, 1910. Pending.

Northern Alabama.

United States agt. Chicago Butter and Egg Board. Northern Illinois. Petition filed June 13, 1910.

United States agt. Frank Hayne, James A. Patten et al. Indictment returned. Southern New York, on June 17, 1910. Alleged cotton pool. United States agt. Great Lakes Towing Company et al.

filed June 18, 1910.

Great Lakes.

Northern Ohio. Petition

Suit in equity to dissolve combination of tug owners on the



Chapter 374 amended the highway law by inserting a new Article XI in relation to motor vehicles. This article shall be controlling on the registration. numbering and regulation of motor vehicles and the Automobile Licenses. licensing and regulation of chauffeurs; on their use of the public highways; on the accessories used on motor vehicles and their incidents and the speed of motor vehicles on the public highways, and on the punishment for the violation of any of the provisions of this article. The term motor vehicle shall include all vehicles propelled by any power other than muscular power, except motorcycles, traction engines, road rollers, fire wagons and engines, police patrol wagons, ambulances and such vehicles as run only on rails or tracks.

Every owner of a motor vehicle which shall be operated on the public highways of this state shall, except as herein otherwise provided, cause to be filed in the office of the Secretary of State a verified application for registration, containing a brief description of the vehicle to be registered, giving name of manufacturer and factory number, character and amount of motive power in figures of horsepower according to the rating of the Association of Licensed Automobile Manufacturers; the name and resi→ dence of owner, provided that if vehicle is used solely for commercial purposes, the applicant shall so state.

No person shall operate or drive a motor vehicle who is under eighteen years of age, unless accompanied by a duly licensed chauffeur or the owner of the motor vehicle. On receipt of application for registration Conditions of Registration. the Secretary of State shall file it in his office and register the vehicle, making entry of the facts stated in such application in a book or index kept for the purpose, under the distinctive number assigned to such motor vehicle. On filing such application and the payment of a specified fee, the Secretary of State shall assign to such motor vehicle a distinctive number and issue and deliver to the owner a certificate of registration and two number plates. Registration applied for on or before August 1, 1910, shail take effect on that date, and certificates issued on such application or under any application made prior to January 31, 1911, shall expire on the latter date. The fee for such registration shall be one-half the annual fees provided herein. Registration thereafter shall be re

newed annually in the same manner, to take effect on February 1 in each year, beginning with 1011.

The following fees shall be paid on registration: $5 for a motor vehicle having a rating of 25 horsepower or less; $10 for one of more than 25 and less than 35 horsepower; $15 for one of more than 35 and less than 50 horsepower, Fees. and $25 for one of 50 horsepower or more; provided that if a motor vehicle other than one used solely for commercial purposes shall have been licensed for four separate years hereunder and the annual fees shall have been paid therefor, the annual fees thereafter shall be half the amount: for motor vehicles used solely for commercial purposes the fee for registration shall be $5. The registration fees Imposed on motor vehicles, other than those of manufacturers and dealers and those used solely for commercial purposes, shall be in lieu of all taxes, general or local.

On sale or transfer of a motor vehicle thus registered the vendor immediately shall give notice thereof to the Secretary of State, with name and address of the vendee, and the vendee within ten days thereafter shall file statement of change in ownership with stipulated facts; and on payment by the vendee of $1 the Secretary of State shall file such statement in his office and enter on the records notice of such change in ownership. On sale of a motor vehicle by manufacturer or dealer the vendee shall be al-· lowed to operate it fifteen days after taking possession thereof or until he receives his certificate of registration and number plates from the Secretary of State, if during such period the vehicle shall have attached thereto a placard bearing the registration number of the dealer under which it might previously have been operated, and if before such use application for its registration shall have been made.

After August 1, 1910, each motor vehicle shall have a distinctive number plate, corresponding to the registration number assigned by the Secretary of State, on front and rear of such motor vehicle, fastened so as to preNumber Plates. vent it from swinging. Such number plates shall be of a distinctly different color each year. There shall be a marked contrast between the number of the plates and the numerals theeron. Each number plate shall be of metal, at least six inches wide, and the numerals four inches long, each stroke being five-eighth inch wide.

Manufacturers or dealers shall have a general distinctive number, and such number plate or a duplicate thereof shall be fastened to the vehicle of such manufacturer or dealer when same is operated on the public highways. Duplicates of this number plate are to be furnished by the Secretary of State for $1 each.

Bells, Horns and Lamps.

Provisions regarding registration shall not apply to a non-resident, other than a foreign corporation doing business in this state, provded the owner of the motor vehicle shall have complied with the regulations of his residence concerning regulation of motor vehicles and shall display his registration number conspicuously. Every motor vehicle operated in this state shall have adequate brakes and bell, horn or other device for signalling, and shall, from one-half hour after sunset to one-half hour before sunrise, display at least two lighted lamps on the front and one on the rear of such vehicle, which shall also display a red light visible in the rear. The rays of such rear lamp shall shine on the number plate on the rear of the machine so as to render the numerals thereon visible for fifty feet distance.

Every person operating a motor vehicle on the public highway of this state shall drive the same in a careful and prudent manner and at a rate of speed so as not to endanger the property of another or the life or limb of Speed Limits. any person; provided, that a rate of speed in excess of thirty miles an hour for a distance of one-fourth of a mile shall be presumptive evidence of driving at a rate of speed which is not careful and prudent.

Local authorities outside of first class cities shall have no power to pass or enforce local ordinances governing taxes, fees or the use of the public highways, except in certain specified conditions; provided, that they may limit the speed of motor vehicles to fifteen miles an hour within the city or village limits, which are to be indicated by properly displayed signposts.

The Secretary of State shall appoint examiners and have examinations of applicants for license as chauffeurs held at convenient points as often as necessary. Applications for license shall be accompanied by a photoQualifications for graph of the applicant and the proper fee. No license shall be Chauffeurs, granted until the Secretary of State or his authorized agent is satisfied the applicant is a proper person to receive it. No chauffeur's license shall be granted to a person under eighteen years of age. Each license issued shall contain the distinguishing number issued to the licensee, his name, residence, a brief description for purposes of identification and the photograph of the licensee. Each licensed chauffeur shall have a metal badge with his distinguishing number.

Each application for license shall be sworn to and accompanied by a fee of $5. No unlicensed chauffeur after August 1, 1910, may drive a motor vehicle in this state, except a non-resident chauffeur duly licensed in the state of his residence. Violation of the provisions of this law regarding registration of motor vehicles shall constitute a misdemeanor punishable by a fine not exceeding $50. Violation

of the speed limit section shall be a misdemeanor punishable by a Offences and fine not exceeding $100. Whoever operates a motor vehicle while Penalties.

intoxicated shall be guilty of a misdemeanor. Any person operating a motor vehicle who, knowing injury has been caused to a person or property, due to the culpability of the said operator, or accident, leaves the place of accident without giving his name and address to a police officer or at the nearest police station, shall be guilty of a felony, punishable by fine not to exceed $500 or imprisonment for not longer than two years, or both fine and imprisonment.


If any person be convicted a second time of either of the following offences, he shall be guilty of a felony, punishable by imprisonment of not less than one year nor more than five years, and is license shall be revoked. Any chauffeur operating a motor vehicle while his license is suspended or revoked shall be guilty of a misdemeanor. Any person operating a motor vehicle while a certificate of registration of motor vehicle issued to him is suspended or revoked shall be guilty of a misdemeanor. a third or subsequent conviction of a chauffeur for violations of the speed limit provisions of this law, on recommendation of the trial court, the Secretary of State shall revoke the license of the person so convicted, and no new license shall be issued for at least six months after the date of such conviction, nor thereafter, except in the discretion of the Secretary of State.

Chapter 394 amended the general business law in relation to monopolies by providing that no person shall be excused from "attending and testifying" "before any court, magistrate or referee, upon any investigation, proceeding Witnesses in or trial, pursuant to or for a violation of any of the provisions of Anti-Trust

Law Cases.

this article" for the reason that the evidence required may tend to convict him "of a crime or subject him to a penalty or forfeiture." "And no testimony so given or produced shall be received against

him upon any criminal investigation, proceeding or trial."

Chapter 395 amended the penal law in relation to conspiracies by adding a new section, No. 584, as follows: Section 584. Witnesses' privileges. No person

Privileges of

Witnesses in

Conspiracy Proceedings.

shall be excused from attending and testifying, or producing any books, papers or other documents before any court, magistrate or referee, upon any investigation, proceeding or trial, for a violation of any of the provisions of this article, upon the ground or for the reason that the testimony or evidence, documentary or otherwise, required of him may tend to convict him or a crime or to subject him to a penalty of forfeiture; but no person shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which he may so testify or produce evidence, documentary or otherwise, and no testimony so given or produced shall be received against him upon any criminal investigation, proceeding or trial.

Chapter 106 amended the labor law relative to the protection of employes operating machinery by providing that all grinding, polishing or buffing wheels used in the manufacture of articles of the baser metals shall be Labor Law equipped with proper hoods and pipes, and such pipes be connected Amendments. with an exhaust fan of sufficient capacity to remove all matter thrown off such wheels in their use. All machinery creating dust

or impurities shall be similarly equipped.

Chapter 107 provided that no child under the age of sixteen years shall be employed or permitted to work at drill presses, metal or paper cutting machines or corner staying machines in paper box factories.

Chapter 342 amended the labor law relative to the hours of labor of messengers by providing that in any first or second class city no person under the age of twentyone shall be employed or permitted to work as a messenger for a telegraph or messenger company in the distribution of goods or messages before 5 a. m. or after 10 p. m. of any day.

Chapter 352 amended the labor law in relation to employers' liability. It provides that if an employer enter into a contract with an independent contractor, or if such contractor enter into a contract with a subcontractor, such Employers' contract or subcontract shall not bar the liability of the employer Liability. for injuries to the employes of such contractor or subcontractor be cause of any defect in the condition of the ways, works, machinery or plant, if they are the property of the employer or furnished by him, and if such defect arose or had not been discovered or remedied through the negligence of the employer or of some person intrusted by him with the duty of seeing that they were in proper condition. When any employer in this state and any of his employes shall consent to a compensation plan herein set forth and sign an agreement to that effect and file such writing with the County Clerk of the county in which it is signed by the employe, so long as such consent shall not have expired or been cancelled, such employe or, in case injuries result in his death, his executor or administrator shall have no right of action against the employer save under the plan so consented to; except where personal injury to the employe is caused by failure of the employer to obey an order of the Commissioner of Labor or other public authority, or where such injury is caused by the serious or wilful misconduct of the employer.

The commencing of any legal action against an employer except under the plan shall bar the employe or his executor or administrator from all benefits under the plan. The employer shall not be liable in respect of any injury caused by the serious or wilful misconduct of any employe. No proceedings for recovery under the plan shall be maintained unless notice of the accident has been given to the employer as soon 38 practicable and before the employe has voluntarily left the employment in which he was injured, and unless claim for compensation has been made within six months from the occurrence of the accident. Notice of the accident shall apprise the employer of the claim for compensation under this plan, and shall state the name and address of the employe injured, date and place and cause of the accident. This notice may be served personally or by registered letter to the employer.

In case death results from injury, the amount of compensation under the plan shall be:


(a) If the employe leaves a widow or next of kin at the time of his death wholly dependent on his earnings, a sum equal to 1,200 times the daily earnings of the employe at the rate paid at the time of the accident, but not more in any event than $3,000. Any weekly payments previously made under the plan shall be deducted in ascertaining the amount payable on death.

(b) If such widow or next of kin, or any of them, are in part only dependent on his earnings, such sum not exceeding provided in the foregoing section as may be determined to be reasonable and proportionate to the injury to such dependents.

(c) If he leaves no widow or next of kin so dependent in whole or in part, the reasonable expenses of his medical attendance and burial, not exceeding $100.

Where total or partial incapacity for work results, a weekly payment commencing at the end of the second week after the accident and continuing during incapacity, not exceeding 50 per cent of his average weekly earnings Incapacity. at full time during the preceding year when in the employment of the same employer, or if he shall have been employed less than a year, a weekly payment of not exceeding three times the average daily earnings on full time for such less period. In no event shall any weekly payment under the plan exceed $10 a week, or extend more than eight years from the date of the accident.

Any person entitled to receive weekly payments must, if requested by the employer, submit himself to examination by a duly qualified medical practitioner or surgeon provided and paid for by the employer. In case the employer shall default in any of his obligations to the employe under the plan, an action at law may be brought to recover compensation the same as on a written contract. When agreed to, this plan shall be binding on both parties so long as the relation of employer and employe exists, and shall expire at the end of such employment. But it may be cancelled on sixty days' written notice from either party to the other, served personally or by registered letter. Each employer signing such a consent to the plan shall, within thirty days thereafter, file with the Commissioner of Labor a statement thereof which shall show the name and address of the employer, name and address of the employe, date when and office where original consent is filed, weekly wages of employe at time consent is signed.

Chapter 387 amended the labor law relative to hours of labor of minors by providing that no child under the age of sixteen shall be employed or permitted to work in or in connection with any bowling alley or in the Labor of Minors. distribution or sale of articles or as a messenger, usher or checker in places of amusement before 8 o'clock in the morning or after 7 o'clock in the evening of any day. When any employe is employed or permitted to work after 7 o'clock in the evening, such employe shall be allowed at least twenty minutes to obtain lunch or supper between 5 and 7 o'clock in the evening.

Chapter 429 amended the election law in relation to the expenditure of money in connection with primary elections by making the term "political comPolitical Expenditures.

mittee" apply to any group of citizens aiding or taking part in the election or defeat of a candidate for nomination at a primary election or convention, including all proceedings prior to such primary election, or of a candidate for any office whether pubiic or not to be voted for at a primary election, or aiding or defeating the nomination by petition of a candidate under the primary election law Any person who contributes or promises to contribute any money or other valuable thing, except to the chairman, treasurer or a member of a political committee, to bring about the election or defeat of a candidate for nomination at a primary election shall file the required statement of contributions. A candidate for nomination at a primary shall file the required statement of expenditures. the same as a candidate for election to public


Whoever, acting as officer or member of a political committee or under the authority of a candidate for public office or for nomination at a primary election, receives any money or expends any money or incurs any liability, shall give a detailed account of the same to the treasurer of such committee or the candidate, if an agent authorized by him. Expenditures and disbursements in sums under five dollars need not be specifically accounted for by separate items except in the case of payments made for account of or to political workers, watchers or messengers.



Chapter 430 amended the penal law in relation to candidates at primary by defining the words "election or town meeting" as including primary elections and conventions and proceedings for the nomination of candidates by petition under the election law. The word "candidate" shall be deemed to apply to candidates for nomination at primary election or convention, and candidates for any office to be voted for under the election law, as well as candidates for nomination by petition under the election law.


Chapter 480, in relation to public service commissions, constitutes Chapter 48 of the consolidated laws. It re-enacts the public service commissions law, with

Public Service

Commissions' Powers

amendments strengthening the supervisory powers of the commissions over gas and electric lighting companies, and defining more clearly their powers regarding companies under receivers' jurisdiction and the enforcing of joint rates and through fares, applicable to the transfer situation in New York City. Chapter 481 re-enacted the railroad law, as chapter 49 of the consolidated laws. Chapter 673 amended the public service commission law in relation to telegraph and telephone lines and companies by placing those concerns under the supervision of the Public Service Commission for the 2d District regarding rates, service and issuance of stocks and bonds.

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