UM 



CONGRESS. (PATENT CASES.) 



money and securing the same upon reel esta 



-t thcrvin. nor fn>m enforving any such 



.mil holding tr 



real estate or any intrrvsl ihervin upon wl. 

 lien may hare heretofore or nmy hen-after U- t>\..i, 

 >-n which a ln <>f money may have been 

 heretofore or hereaf * made and secured : 



/ret*** AM****?. That aH land* so acquired -hall 

 be enld within ten year* after title shall I* 

 feetrd in him I sale or (he same lh*U 



-ates and be forfeited as 



I That am alien who shall hereafter hold 

 land* in / IVrntories "f the I'nited B( 



*t invention of the provisions of this act may 

 aeratttetess convey hi- tit I,- thprcto at anytime be- 



he InstituUoo of eecheat proceeding* as I 

 inafter prorided : Proridtd, howcvtr. Thai if any 

 uch conveyance shall be made ly such alien, either 

 to an alien or to a citi/en of the I'lutcd States, in 

 trust and for the purpose and with tin- intention ,,f 

 erndmg the provision- of thi- act. such convex 



be null and void, and any such land- - 

 reyed shall be forfeited and escheat to the Tinted 



SET. 5. That it shall U- the duty of the Attor- 

 nev-General of the fnited States, when he shall be 

 in formed or have reason to believe that lands in any 

 of t IIP Territories of the Tnited States are being 

 held contrary to the provisions of this act. to in-ti- 

 i use" to be instituted suit in In-half of the 

 United States in the district court of the Territory 

 in the di-trict where such land or a part th 

 may be situated, praying for the escheat of the same 

 on behalf of the I 'nited States to the t'n 

 /VoriW<*</. That In-fore any such suit i-; instituted 



\'tornev-General shall pi ve or cause tob. 

 nin _-:-tered letter of his inten- 



tion to -ue. or by |N-r>onal notice directed to or de- 

 livervd to the owner of said land, or the person who 

 'he same for taxation. <>r hi* agent, 

 and to all other persons having an interest in such 

 lands of which he may have actual or constructive 



. In the event personal notice can not be ob- 

 tained in some one of the modes above provided. 

 then -aid notice shall be given by publication in 

 tome newspaper published in the county where t In- 

 land is situate, and if no newspaper i* published in 

 said county, then the said notice shall be published 

 in some newspaper nearest -aid county. 



^KT. 6. That if it shall be determined upon the 



trial of any such escheat proceedings that the Ian. Is 



are held contrary to the provisions of this act. the 



court trying said cause shall render judgment con- 



ich land- and shall order the satin 



i-n: and the proceed* of such 

 ale. after deducting costs of such -uit. shall be paid 

 t. the clerk of such court so rendering judgment. 

 and said fund shall remain in the hands of such 

 clerk for one year from the date of such payment, 

 subject to the order of the alien owner of such' lands, 

 or his heirs or legal representatives; and if not 

 claimed within the period of one year, -n.-h clerk 

 shall pay the same into the treasury of the Terri- 

 tory in which the lands may be situated, for the 

 benefit of the available *ch.o| fund of said 'IVrri- 



I'roridfd, That the defendant in any 

 escheat proceedings may, at any time | H .forc final 

 juclgmenLsnmetandshowtoti'.ecourt that \ 

 conformed with the law, Hther becoming a bona fid* 

 resident of the I* nited States. <-r by d, daring his 

 intention of becoming a citi/en of the Tnited States, 



v the doing or happening of any other act 

 which, under the provision* of this act, would en- 

 title him to hold or own real ertatp. which beir, 

 mitted or proved, such suit shall * dismissed on 

 payment of costs and a reasonable attorney fee. 



: That this act shall not in any manner 



be construed to p-fi-i- to the District of Columbia, 



auiliori/.e aliens to acquire title fn-ni the 



1 States to any of the public lands of the 



1'nitcd States or to hi any manner alTeet or ( ! . 



the laws regulating the disposal of the public lands 



of the I lilted States. And the act of winch ihi- ;,, | 



i- an amendment shall remain in 1 un- 



\ by tin- M ii refers to or ui 1 



real estate in the District of Columbia. 



: all laws and j IWS 80 I'ar 



as they conflict with the provisions of thi.- act are 



In the Senate Mr. White, of California/ made this 



brief explanation of the scop.- ,,f th<- nica-uiv : 



M object to be attained i- thi-: The i. IT- m 



law in ivf.Tence to the holding of lainN in t(i< 

 ntori.-s by aliens virtually shuts out all capital. |-'..r 

 in-lance. in the case of a corpora! ion. alien- can n,,t 

 hold over 20 per cent, of the capital stock. While 

 this bill imposes a gi rc-irictioiis. a- 



alor- \\ill -re. t(. holdings by alien-, it i- not a- dra- 

 tic as the law which it amends. So far as I am p. r- 

 sonally concerned. I would impose no rot rid ion. 

 tioiild be delighted to .-<. money put into the 

 Ten itories, whet her by aliens or not. In fact, in 

 some cases. I should a 'little ratlin- >, , it come from 

 alien- than from anybodv in thi- country. To-dav 

 there are hundreds'of tlioii-ands (.f dollars which 

 can lie invested in the Territories, ami. notwith- 

 standing our prc-eiit ideas regarding diploma 

 I-- not suppose any one will contend thai tin; for- 

 eigner could run' away with the Territory. il> 



might possibly have the title, and if he put'in his 



money it is hard to say which would be the b.-tter 



oft. The people of the Territories, so far a- I 1 



tho<e who have inieiv-t- there and who wish to see 

 the Territories built up. are in favor of the bill. 

 The repivsentaiives are in favor of it. and th" 



us who know something about it, so far as 1 am 

 aware, favor the measure." 



Patent Cases. The Congress pas-. d. and the 



lent, on If aroh 8, 1897, approved the follow- 



ing act defining the jnri-dietion of the I'nited 



States circuit courts in cases brought for the in- 



fringement of patent- : 



/' it enacted, etc., That in suits bronchi for the 

 Infringement of letters patent tin- circuit court- of 



the I'niteil States shall have jurisdiction, in law or 

 in equity, in the district of which the defendant is 

 an inhabitant, or in any district in which the de- 

 fendant. whet her a j>ers<>n. partner-hip, or COT] 

 ti-'ii. -hall DAT* Committed acts of infringement and 

 liar and established place of im-im- . if 

 such suit is brought in a di-trict of which the de- 

 fendant is not an inhabitant, but in which -uch de- 

 fendant has a regular and established place of bu-i- 

 ness, service of process, -ummons. or subpfi-na upon 

 the defendant may be made by service upon the 



or aL'ent- engaged in conducting such busi- 

 rict in which suit is brought." 



Mr. I Iowa, -aid in support of the meas- 



ure. which was not seriously oppo-ed : 



" Mr. Speaker. 1 intn>duccd this bill at the suir- 

 ge-tion of a nuinber of gentlemen who live in the 

 N'orthwe-t. and who have intere-t in patent rights 

 that are frequently infringed in di-tant lo.-a 

 and yet the sales of the patented articles so in- 

 fringed are largely, or mainly, made in the vicinity 

 the owners of the patent happen to be located. 

 l-'or instance, the manufactory may be established 

 at so me distant point and t ho office where the g 

 are sold i- opened in Chicago or in St. Louis or some 

 other distant city. They have a permanent place 

 of business at eit'hcr city", and yet no relief can be 

 had in the courts wherc'the infringement is mainly 

 carried on. 



