IN BE MARTORELLI.
is not mere hearsay. or rumor, but something upon which you can place your judgment; and it is the duty of the district attorney to submit it to you, and of the members of the.grand jury to hear it. If there is anything of that kind to be submitted to you, I trust it will be so submitted in your sessions, either during the balance of the day, or when you return next week. That is all I wish to say to you.
In re MARTORELLI. (Circuit Court, S. D. New York. October 13, 1894.)
ALIEN IMMIGRANTS-ExCLUSION ACTS.
The acts regulating immigration, existing when Act March 3, 1891, was passed, refer to are imported into or who migrate to this country, and do not exclude a person already resident here, though not natUralized, who temporarily departs, with the intention to return.
Application for discharge of Sebastiano Martorelli, detained, as a contract laborer, for deportation. UUo, Ruebsamen & Cochran, for commissioners. John Palmieri, for relator. LACOMBE, Circuit Judge. The facts are these: Sebastiano, an .alien, came from Italy to this country in 1887, with the intention ·of making it his home. He remained here five years, working as .a laborer in the city of Philadelphia. During this period he de· dared his intention to become a citizen, and took out his first papers. At the time of his immigration he had a wife and child, whom he left in Italy, intending to send for them when he had saved enough money to support them here. In 1892, having laid up some money and bought some household furniture, he sent for his wife to come; but, as she was too ill to do so, he went to Italy to bring her, leaving his furniture in charge of a friend here. His wife grew worse, and he remained with her in Italy for about two .years, inconsequence of which he was obliged to spend the money he had laid by in the preceding years. On the 10th of this month, therefore, he returned to this country, having borrowed in Italy the money to pay his passage, in order to resume his work here, and thus secure the money necessary to defray the expense of bringing his wife and child to this country, which he still intends, as he did when he arrived here in 1887, to make his permanent home. These faCits being,'! undisputed, and no question raised as to his being an idiot, conviCt, etc., the relator has affirmatively and satisfactorily shown that on October 10, 1894, he did not belong to anyone of the classes of aliens excluded from admission into the United States in accordance with ,the acts regulating immigration, which existed and were in force when the act of March 3, 1891, was passed.. These acts refer to aliens who are imported into or who migrate to this country, not to persons already resident here, who temporarily depart and return. Sebastiano, was an alien immigrant when he here, in 1887. He was not one when, after his temporary ab:sence, he returned, in October, 1894. In re Panzara, 51 Fed. 275· .Relator is discharged..
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celfCIJit,Court o!'.4..ppell.ls, Slive-nth Circuit. ,r ,f, ' , . ', No·'n6.
Where two parties have been using similar trade-marks, a contract' between them whereby one party is to use one form of the trade-mark in connection with certaip: words" an,a ,other Is to use another form of it in connection with other word's. followed by the use of such trade-' marks fori8everal 'yeal'sin, accordance with the terms of the contract, establishes the rights of the parties, and is. binding. upon their assigns, in . . ' isnqt to Jlltlle patent otllj::e, since it Is not a, .trade-m,a-rlt.
,QFFICE. , . . ' ,
APPl?I!J!,'Q:m the.CiNll1-t,eourt of the United States for the Northern District O'fIllinois. Suit for B;ygj:\'ia, Water Company against the 'Waukesha Hygeia MineralE)pqngs Qpmpany. Complainant obtained a decree. Defendant appeals.
;aygeia SpiU'ltljng Di$tilled Water Company" filed its bill in eql,li,tY. f.,Qo. ..;' J..Hj.Ull!c1;io.n r. .. . . the. a..·. p.pellan.,t, Wa l,l. a .H.ygeia Mineral, the wj>rd "l1r@ia" as It trade-mark or namll Springs C,dtnpany, for dtilikttlkwatersJexceI>t the way specified iJ;l a contract entered August ,2(1,1 ,'J!lSSq, between,·th'e appellee 'alidthe appellant's predecessorS. The lUtd!1l1ed a the answer denying the equi·· ..'. .0/'1i,n.g" h. tbat *ejtl1eged contract ,with its predeC(!Ssor . .apPElll '. t . . 1;Ise the w or.d "Hygeia"broad . .. ..l.y ties of as a and is not mfldlWlullon! theaptye.Ilant, for want of reco,rd6r notice, and is. IJ,ot enfOrcea;ble/ in: equity for va.'Ptous reasbns; 'the croSs bi11 alleging that· tbtt to use of ithe !word as a trade-mark, and praying that t4e APPftuee 1;Ie dec,roo, is fora perpetual injunction in faVOr of 'thE! ,hpel1eein a!Ccor<iance Witll the allegations and prayer of the original b'11l/"TfiEl'appellee ilbi ot water, to whicllthe trade-nameiQf'ffHygeia" had:,tilien applteB'for some tillie"prior to 1886. The appellant of at Waukesha; Wis. (acqUired by ititl 1891, unl1er from ,Who made the c<mtract of 1886),! itowhich the,nfUp,e,ofI'Hygeia" had bee;u,appl\ed;and its waters were marked with the nlmfe('iaygeia" as part of the deSIgnation, prior to 1886. The spring, was owned :and: ·its businesEI cOndtictedby' James H. and Charles T. Smith, in and and,;to'&void cobtroversy With reference to a tradename, Of, a. contract was entered into betWEie'Jlme appellee, as first PartY. an.d 'the Smiths, .as second ,partie", August 20, 'iSS\:!" that thefl.rSt party was engaged in, ilie factur.e watel'Sr:itiid'''used:as the essential feature of its tra,demark la::figure goddess of Hygeia," there shown;. that mineral spl'ing at Wauke;N,ll-qxr/llMlneJ.!% S»rlng,' and have used as tpee.ssensha, 1 tial feature 01' their trade-Jl\arll: .In the"sMa of the waters of said I3pring, the the words 'WaUkeBbll. ,Elygeia Mineral Sprflit," together with' a figure goddess of which is ,also showdiiifithe contract; 'and that they deeire to infr1n2ii/Il.en.t !:loth ofethelr respectlve trademarks," and tdthat eJlQ. have.e:nteredintocoqtract. . Thereupon, "in considera.tion bfithe' and of five hUIldreq d6Ullrs" piUd by the first party to the'$econdparties,the fdUowiilgproviS1ons are 'made: "First. And the party oft}1 first:partshall ha.ve; and is fa s ha.ving, the exclusive' rigpt both tQ use ¢e word 'Hygela' and'tl)e. figure ot wliich thetlrst above 18i ..