214 U. S. Cases Disposed of Without Consideration by the Court.

New York. April 26, 1909. Dismissed on motion of counsel for plaintiff in error. Mr. Joseph G Dudley for plaintiff in error. The Attorney General for defendant in error.

No. 195. ELMER SMITH ET AL., EXECUTORS, ETC., APPELLANTS, V. THE KING OF ARIZONA MINING & MILLING COMPANY ET AL. In error to the Supreme Court of the Territory of Arizona. April 27, 1909. Dismissed with costs, pursuant to the tenth rule. Mr. J. F. Conroy for appellants. Mr. Eugene S. Ives for appellees.

No. 199. CANDIDO ACOSTA, ANTONIO ACOSTA, AND ANSELMO ACOSTA, APPELLANTS, v. THE PEOPLE OF PORTO RICO. In error to the Supreme Court of Porto Rico. April 28, 1909. Dismissed with costs on motion of Mr. George H. Lamar in behalf of counsel for the appellants. Mr. N. B. K. Pettingill for appellants. No appearance for appellees.

No. 718. CENTURY MERCANTILE COMPANY, PLAINTIFF IN ERROR, v. JOHN HOFMAN COMPANY. In error to the Court of Appeals of the State of New York. April 29, 1909. Judgment reversed upon confession of error and request of defendant in error, and cause remanded to be proceeded in according to law and justice. Mr. Herbert D. Bailey for plaintiff in error. Mr. John A. Barhite for defendant in error.

No. 211. JACINTHO MIGUEL, PLAINTIFF IN ERROR, v. THE TERRITORY OF HAWAII. In error to the Supreme Court of the Territory of Hawaii. April 30, 1909. Dismissed with costs,

Cases Disposed of Without Consideration by the Court. 214 U. S.

pursuant to the tenth rule. Mr. Jacintho Miguel pro se. No appearance for defendant in error.

No. 347. THE TEXAS & PACIFIC RAILWAY COMPANY ET AL., PLAINTIFFS IN ERROR, v. W. H. TUCKER, GUARDIAN, ETC. In error to the Court of Civil Appeals for the Second Supreme Judicial District of the State of Texas. May 3, 1909. Judgment reversed with costs upon confession of error and request of defendant in error, and cause remanded to be proceeded in according to law and justice. Mr. John F. Dillon and Mr. W. L. Hall for plaintiffs in error. Mr. Theodore Mack for defendant in error.

No. 433. THE TOWN OF STEAMBOAT SPRINGS ET AL., APPELLANTS, V. THE STEAMBOAT SPRINGS ELECTRIC COMPANY. Appeal from the Circuit Court of the United States for the District of Colorado. May 17, 1909. Dismissed with costs on motion of counsel for appellants. Mr. Edward P. Costigan for appellants. Mr. Tyson S. Dines, Mr. Elmer E. Whitted and Mr. Peter J. Holme for appellee.

APPENDIX.

RULES FOR PRACTICE AND PROCEDURE UNDER SECTION 25 OF AN ACT TO AMEND AND CONSOLIDATE THE ACTS RESPECTING COPYRIGHT, APPROVED MARCH 4, 1909, TO TAKE EFFECT JULY 1, 1909, CHAPTER 320, 35 STAT. 1075, AND PROMULGATED BY THE SUPREME COURT OF THE UNITED STATES, JUNE 1, 1909.1

Rules adopted by the Supreme Court of the United States for practice and procedure under section 25 of an act to amend and consolidate the acts respecting copyright, approved March 4, 1909. Chapter 320, 35 Stat. 1075. To go into effect July 1, 1909.2

1 October Term, 1908. Order. June 1, 1909.

It is now here ordered by the court that the Rules for Practice and Procedure under Section 25 of the Act to amend and consolidate the Acts respecting Copyright, approved March 4, 1909, to go into effect July 1, 1909, this day adopted and established by the court, be, and the same are hereby, promulgated as such.

2 SEC. 25. That if any person shall infringe the copyright in any work protected under the copyright laws of the United States such person shall be liable:

(a) To an injunction restraining such infringement;

(b) To pay to the copyright proprietor such damages as the copyright proprietor may have suffered due to the infringement, as well as all the profits which the infringer shall have made from such infringement, and in proving profits the plaintiff shall be required to prove sales only and the defendant shall be required to prove every element of cost which he claims, or in lieu of actual damages and profits such damages as to the court shall appear to be just, and in assessing such damages the court may, in its discretion, allow the amounts as hereinafter stated, but in the case of a newspaper reproduction of a copyrighted photograph such damages shall not exceed

The existing rules of equity practice, so far as they may be applicable, shall be enforced in proceedings instituted under section twenty-five (25) of the Act of March fourth, nineteen

the sum of two hundred dollars nor be less than the sum of fifty dollars, and such damages shall in no other case exceed the sum of five thousand dollars nor be less than the sum of two hundred and fifty dollars, and shall not be regarded as a penalty:

First. In the case of a painting, statue, or sculpture, ten dollars for every infringing copy made or sold by or found in the possession of the infringer or his agents or employees;

Second. In the case of any work enumerated in section five of this Act, except a painting, statue or sculpture, one dollar for every infringing copy made or sold by or found in the possession of the infringer or his agents or employees;

Third. In the case of a lecture, sermon, or address, fifty dollars for every infringing delivery;

Fourth. In the case of a dramatic or dramatico-musical or a choral or orchestral composition, one hundred dollars for the first and fifty dollars for every subsequent infringing performance; in the case of other musical compositions, ten dollars for every infringing perform

ance;

(c) To deliver up on oath, to be impounded during the pendency of the action, upon such terms and conditions as the court may prescribe, all articles alleged to infringe a copyright;

(d) To deliver up on oath for destruction all the infringing copies or devices, as well as all plates, molds, matrices, or other means for making such infringing copies as the court may order;

(e) Whenever the owner of a musical copyright has used or permitted the use of the copyrighted work upon the parts of musical instruments serving to reproduce mechanically the musical work, then in case of infringement of such copyright by the unauthorized manufacture, use, or sale of interchangeable parts, such as disks, rolls, bands, or cylinders for use in mechanical music-producing machines adapted to reproduce the copyrighted music, no criminal action shall be brought, but in a civil action an injunction may be granted upon such terms as the court may impose, and the plaintiff shall be entitled to recover in lieu of profits and damages & royalty as provided in section one, subsection (e), of this Act: Provided also, That whenever any person, in the absence of a license agreement, intends to use a copyrighted musical composition upon the parts of instruments

hundred and nine, entitled "An act to amend and consolidate the acts respecting copyright."

serving to reproduce mechanically the musical work, relying upon the compulsory license provision of this Act, he shall serve notice of such intention, by registered mail, upon the copyright proprietor at his last address disclosed by the records of the copyright office sending to the copyright office a duplicate of such notice; and in case of his failure so to do the court may, in its discretion, in addition to sums hereinabove mentioned, award the complainant a further sum, not to exceed three times the amount provided by section one, subsection (e), by way of damages, and not as a penalty, and also a temporary injunction until the full award is paid.

Rules and regulations for practice and procedure under this section shall be prescribed by the Supreme Court of the United States.

Sections 26, 27 and 34 to 40 of the Copyright Act of March 4, 1909, are as follows:

SEC. 26. That any court given jurisdiction under section thirtyfour of this Act may proceed in any action, suit, or proceeding instituted for violation of any provision hereof to enter a judgment or decree enforcing the remedies herein provided.

SEC. 27. That the proceedings for an injunction, damages, and profits, and those for the seizure of infringing copies, plates, molds, matrices, and so forth, aforementioned, may be united in one action.

SEC. 34. That all actions, suits, or proceedings arising under the copyright laws of the United States shall be originally cognizable by the Circuit Courts of the United States, the district court of any Territory, the supreme court of the District of Columbia, the district courts of Alaska, Hawaii, and Porto Rico, and the courts of first instance of the Philippine Islands.

SEC. 35. That civil actions, suits, or proceedings arising under this Act may be instituted in the district of which the defendant or his agent is an inhabitant, or in which he may be found.

SEC. 36. That any such court or judge thereof shall have power, upon bill in equity filed by any party aggrieved, to grant injunctions to prevent and restrain the violation of any right secured by said laws, according to the course and principles of courts of equity, on such terms as said court or judge may deem reasonable. Any injunction that may be granted restraining and enjoining the doing of anything forbidden by this Act may be served on the parties against whom such injunction may be granted anywhere in the United States, and shall be operative throughout the United States and be enforceable by