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the report to be the report of the committee, and I believe it should be considered carefully before it has the endorsement of the Association.

Mr. Rogers:

I do not quite agree with Mr. Barnett's statement. I think he is confusing this matter with another. My recollection is that there was quite a substantial preponderance in the Section in favor of this bill. I suppose this is not the place to debate the respective merits of the copyright system of different countries. I might say that the European system regards everything of a literary or artistic nature as the property of somebody, not to be stolen unless in the public domain and the burden is placed upon the person who wishes to steal to find out if it belongs to somebody. Our system has, I think, quite the same ethical background. Many years ago we were undisguised pirates of literary matter from abroad. You will recall Dickens' statement, he did not mince words; he came over here and lectured and he told us what we were, and he was right in that respect, but that idea has persisted, and it has persisted in our copyright statute; that is to say, you have got to put a sign on everything "This is mine" or otherwise any one can steal it. We do not require this of the owner of any other sort of property, why should we of literary property, which is so essentially a man's own because he created it? We have got to give something to get the benefits of the Berne Convention. We are getting far more than we give. We are subjecting ourselves at the most to a mere inconvenience. We are getting for our citizens automatic protection for all their literary and artistic work in foreign countries.

A. C. Paul, of Minneapolis:

I wish to say just a word in endorsement of what Mr. Rogers has presented in favor of this bill. The bill has been very carefully considered by a committee outside of the Bar Association consisting of the registrar of copyrights, and a number of distinguished gentlemen, and it has been approved by them, and I trust that it will meet the approval of this Association.

Charles I. Francis, of Texas:

I would like to ask Mr. Paul one question: Can a foreign author secure protection for his work in this country by simply

complying with our copyright law and giving the requisite notice which our copyright law provides, and secure protection of his work?

Mr. Paul:

He may do that under our present law, but he must print his work in this country.

Mr. Francis:

If he wants to, he can secure protection for his works by complying with our law regarding notice.

Mr. Rogers:

He must file an affidavit, and file copies in the library. But the great difficulty is they are mostly scientific works with small circulation and it does not pay to print them here.

Mr. Barnett:

May I ask Mr. Rogers if he will read Section 6 on page 24 wherein it differentiates between foreign authors and American authors.

Mr. Rogers:

This is Section 6:

That the enjoyment and the exercise by such authors of the rights and remedies accorded by the copyright laws of the United States and the provisions of this act shall not be subject to the performance of any formalities in order to secure copyrights, and such authors shall not be required to comply with the provisions of the copyright, deposit of copies, registration of copyright, or manufacture within the limits of the United States.

Chairman Long:

It requires a two-thirds vote to approve this bill.
Thereupon H. R. 9586 was disapproved.

Mr. Rogers:

Since disapproval seems to be the order of the day, may I call your attention to one or two measures which this section disapproves Senate Joint Resolution 35 and House Joint Resolution 36 are designed to grant a special patent to one Garabed for a free-energy generator.

The inventor will not disclose what his invention is, and he does not wish to go to the patent office, but wishes a special act of

Congress. The practice of granting special patents on undisclosed alleged inventions by Acts of Congress and without investigation of the patent office we wholly disapprove.

The King Bill, Senate No. 705, Compulsory Licenses for Unused Patents. This we believe to be contrary to the long established policy of the patent system, and the Section disapproves of this measure.

The Dill Bill, Senate No. 2783, provides for the forfeiture of patent rights in case of conviction of a patentee under the antimonopoly laws. We disapprove that bill.

The Shipstead Bill, Senate No. 1482, is a bill to amend Section 28 of the Judicial Code by depriving equity courts of jurisdiction to protect any trespass upon intangible rights. This of course would deprive the Federal Courts of equity jurisdiction of patents, trade marks, copyrights and unfair competition clauses, and we think the measure unsound and disapprove it." (See Proceedings, infra, p. 672.)

Chairman Long:

The next in order is the report of the Mineral Law Section, which report will be made by its Chairman, Mr. Gurney E. Newlin, of California. I believe you ask for the approval of a bill?

Mr. Newlin:

I do.

Chairman Long:

The bill will be found on page 35 of the printed Committee Reports.

Mr. Newlin:

The Section on Mineral Law has to report as follows:

At the first annual meeting of this Section held at Buffalo, New York, the following resolution was adopted:

Resolved, That the Chairman of this Section shall appoint a committee composed of nine members to consider and report upon such laws and proposals relating to the conservation of mineral resources within the United States, as (1) such committee shall select, or (2) as shall be referred to it by the Section or its Council; which committee shall have authority and is hereby directed to (a) cooperate, insofar as may be consistent with its duties and the Constitution, By-Laws and traditions of the American Bar Association, with other individuals and organiza

tions having similar or analogous purposes, and (b) to constitute and define the duties and methods of procedure of as many sub-committees as may seem to it from time to time necessary.

Pursuant to the authority contained in said resolution, the Chairman of the Section appointed as the committee to consider and report upon laws and proposals relating to the conservation of mineral resources within the United States-Chester I. Long, Chairman, James A. Veasey, Warren Olney, Jr., James W. Finley, F. C. Proctor, Henry M. Bates, Paul M. Gregg, Clarence E. Martin, and John P. Gray.

The committee so appointed selected Henry M. Bates, James A. Veasey, and Warren Olney, Jr., as its representatives on the committee of nine to cooperate with three representatives appointed by the Federal Oil Conservation Board, and three representatives appointed by the American Petroleum Institute. The committee so composed held hearings in Washington and finally agreed on a report which is set forth on pages 34 to 43 inclusive of the program of this meeting, and which is hereby referred to and by reference made a part hereof. Said report recommends the approval of an Act to promote conservation of petroleum and natural gas, to avoid waste thereof and to encourage the establishment and maintenance of underground reserves of such minerals and for these ends to authorize certain agreements, which said Act is set forth on pages 35 and 36 of the program of this meeting and is by reference made a part hereof, and the approval of which Act by the American Bar Association is hereby recommended.

The committee of nine of said Section has been continued and by the Section empowered

(a) To do and perform all of the duties enumerated in the original resolution appointing it.

(b) To study and report to the Mineral Section the question of State Legislation to relieve oil operators from the provisions of the Anti-Trust Laws of the states with proper limitations and safe guards in the public interest, and, should the committee find that such legislation is desirable and in the public interest to draft an appropriate bill or bills for submission.

(c) To study and report on the question of state legislation in relation to the cooperative development and operation of single oil pools, and the conservation of natural gas and gas pressure and oil producing and other legitimate propositions and if the committee should find it desirable to redraft the bills necessary for these propositions in carrying on the work imposed by the resolution the committee appointed is authorized to cooperate with the Federal Oil Conservation Board, any

State Legislature or any other public agency desiring cooperation at its hands or with any other organization having as its purpose the conservation of the petroleum reserves of the United States.

The Section further adopted a resolution that it be the sense of the Section that any legislation to promote conservation of petroleum and natural gas be extended in principle in proper cases to any other irreplaceable mineral resources.

In that regard I might state the particular purpose of this further resolution, to which reference has been made, is that should occasion arise, if it has not already arisen, that legislation be recommended and adopted to the end that such minerals as copper, zinc and lead, which are rapidly being depleted and which are essential to the future development of the country, may be taken from the ground under such agreements, if arrived at by the various mining operators, or under such regulations as may seem necessary, in order to prevent their absolute and early depletion.

The Section recommends the adoption of the following resolution:

Resolved, That the American Bar Association approves the report of the Section on Mineral Law respecting the enactment of " an act to promote conservation of petroleum and natural gas and avoid waste thereof and to encourage the establishment and maintenance of underground reserves of such minerals and for these ends to authorize certain agreements as set forth on pages 35 and 36 of the program of this meeting and that the Section be directed to have said bill enacted.

Mr. Chairman, I move the adoption of the resolution.
The motion was seconded.

Samuel H. Borofsky, of Massachusetts:

It was my custom when a member of the Legislature of my state some years ago to carefully scan every bill that was presented. I found to my great sorrow that many bills after they become law are a burden to the people. The mistake is made that the men who have the vote do not read the bills that are proposed. While the gentleman was speaking on this subject, I read the bill.

Do you realize that you are proposing to offer a bill that will take away from Congress its jurisdiction of questions affecting the vital resources of this country, oil and petroleum, and leave it to the agreement of men who have their own property, and for

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