SEC. 2. That within sixty days from the passage of this act the Secretary of the Interior shall request the governor of each State to appoint one member of a school text-book commission to meet in Washington, District of Columbia, at a date to be specified in such request, which shall not be less than three nor more than six months after the passage of this act. He shall also provide a place for holding the sessions of said commission, of which he shall be a member and the president, and the Commissioner of Education a member and the secretary. The commission may choose from its members a temporary president, who shall act as president in the absence of the Secretary of the Interior.

SEC. 3. That when the text-book commission is assembled and organized the Commissioner of Education shall open and lay before it the bids for furnishing copyrights and compilations which he may have received, and the commission shall proceed to select therefrom such copyrights and compilations or bids for furnishing compilations, as will in its judgment best supply the public schools of the country with one series of text-books in each of the studies commonly pursued in said schools, the intention of this act being that the right to publish said books and revisions thereof shall, when secured by the Government, be given free to all persons or parties in the United States. If the commission fails to find in the bids made the materials at a reasonable cost for a full series of text-books, it may report by bill or otherwise such measures as it deems best to secure the filling of said series and the future revision from time to time of any books selected and adopted.

SEC. 4. That when the text-book commission shall have completed its labors, the Secretary of the Interior shall report its action and decisions to the President of the United States, for submission by him at the earliest opportunity to the Congress of the United States with such recommendations as he may deem advisable.

SEC. 5. That each member of the commission, excepting the president and secretary, shall receive ten dollars for each day on which he attends its sessions, and shall receive ten cents per mile one way for each mile from his place of residence to Washington, by the shortest public route.

House bill, no. 11450

For incidental expenses, hall for meeting, stationery, clerk hire, and so forth, the commission shall be allowed not to exceed five thousand dollars. All payments shall be made from any moneys in the Treasury not otherwise appropriated, on orders signed by the president and secretary of the text-book commission.

SEC. 6. That this act shall take effect immediately.

[H. R. 11450. Fifty-eighth Congress, second session. In the House of Representatives. January 30, 1904.]

Mr. Bartholdt introduced the following bill; which was referred to the Committee on Patents and ordered to be printed.

A BILL to amend title sixty, chapter three, of the Revised Statutes
of the United States of America, relating to copyrights.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That
section forty-nine hundred and fifty-two of chapter three of
title sixty of the Revised Statutes of the United States as
amended by act of March third, eighteen hundred and
ninety-one, be, and is hereby, amended so as to read as
follows:

"SEC. 4952. The author, inventor, designer, or proprietor of any check, voucher, certificate, or other business form entirely or partly printed, or of any book, map, chart, or 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 the case of dramatic compositions, 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. 2. That section forty-nine hundred and sixty-five of chapter three of title sixty be, and is hereby, amended so as to read as follows:

"SEC. 4965. If any person after the recording of the title of any check, voucher, certificate, or other business form entirely or partly printed, or of any map, chart, or dramatic or musical composition, cut, print, 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 to 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 a 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: Provided, however, That in case of any such infringement of the copyright of a photograph made from any object not a work of the fine arts, the sum to be recovered in any action brought under the provisions of this section shall be not less than one hundred dollars nor more than five thousand dollars: And provided further, That in case of any such infringement of the copyright of a painting, drawing, statue, engraving, etching, print, model, or design for a work of the fine arts, or of a photograph, or of a work of the fine arts, the sum to be recovered in any action brought through the provisions of this section shall be not less than two hundred and fifty dollars, and not more than ten thousand dollars. One half

House bill, no. 13355

of all the foregoing penalties shall go to the proprietors of the copyright and the other half to the use of the United States."

[H. R. 13355. Report No. 2857. Fifty-eighth Congress, second session. In the House of Representatives. March 2, 1904.]

Mr. Tawney introduced the following bill; which was referred to the Committee on Patents and ordered to be printed.

[April 26, 1904, reported with an amendment, referred to the House Calendar, and ordered to be printed. Omit the part bracketed and insert the part in italics.]

A BILL to amend the copyright laws.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section forty-nine hundred and fifty-six of the Revised Statutes be, and the same is hereby, amended so as to read as follows:

"SEC. 4956. 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 United States, 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, District of Columbia, or deposit in the mail within the United States, addressed to the Librarian of Congress, at Washington, District of Columbia, two copies of such copyright book, map, chart, dramatic 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 the same: Provided, That in the case of a book, photograph, chromo, or lithograph, the two copies of the same required to be de

livered or deposited as above, shall be printed from type set within the limits of the United States, or from plates made therefrom, or from negatives or drawings on stone made within the limits of the United States, or from transfers made therefrom. During the existence of such copyright, the importation into the United States of any book, chromo, 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 United States shall be, and is hereby, prohibited 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 October first, eighteen hundred and ninety; 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, nevertheless, 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: And provided further, [That accompanying the two copies of a book, photograph, chromo, or lithograph, required to be delivered or deposited as above, there shall be an affidavit under the seal of a registered notary public of the United States, and made by the person desiring the said copyright, or his United States agent or representative, setting forth that the two copies required to be so deposited have been printed from type set within the limits of the United States, or from photos made therefrom, or from negatives or drawings on stone made within the limits of the United States or from transfers made therefrom: Provided, also, That a penalty of not less than one thousand dollars nor more than five thousand dollars shall be imposed for the violation of any of the provisions of this section] That