This legislation, if enacted, will tend to better protect our obligations and securities, and create a greater confidence in our currency among those of our citizens not sufficiently expert to discriminate between the false and the true.

Respectfully,

BYRON R. NEWTON.

The SPEAKER OF THE HOUSE OF REPRESENTATIVES.

A BILL To amend sections one hundred and sixty-five and one hundred and seventy-seven of an act entitled "An act to codify, revise, and amend the penal laws of the United States," approved March fourth, nineteen hundred and nine.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section one hundred and sixtyfive and section one hundred and seventy-seven of an act entitled "An act to codify, revise, and amend the penal laws of the United States," approved March four, nineteen hundred and nine (thirty-five Statutes at Large ten hundred and eighty-eight), be, and the same are hereby, amended to read as follows:

SEC. 165. Whoever, fraudulently, or willfully, by any art, way, or means, shall deface, mutilate, impair, diminish, falsify, scale, or lighten, or cause or procure to be fraudulently or willfully defaced, mutilated, impaired, diminished, falsified, scaled, or lightened, or willingly aid or assist in fraudulently or willfully defacing, mutilating, impairing, diminishing, falsifying, scaling, or lightening, the gold, silver, or other coins which have been, or which may hereafter be, coined at the mints of the United States, without wholly destroying such coin as a circulating medium, or any foreign gold, silver, or other coins which are by law made current or are in actual use or circulation as money within the United States or in any place subject to the jurisdiction thereof; or whoever shall pass, utter, publish, or sell, or attempt to pass, utter, publish, or sell, or bring into the United States or any place subject to the jurisdiction thereof, from any foreign place, any gold, silver, or other coin knowing the same to be defaced, mutilated, impaired, diminished, falsified, scaled, or lightened, with intent to defraud any person whomsoever, or who shall have in his possession any such defaced, mutilated, impaired, diminished, falsified, scaled, or lightened coin, knowing the same to be defaced, mutilated, impaired, diminished, falsified, scaled, or lightened, with intent to defraud any person whomsoever, shall be fined not more than $2,000 and imprisoned not more than five years.

SEC. 177. It shall not be lawful to design, engrave, print, or in any manner make or execute, or to utter, issue, distribute, circulate, or use any business or professional card, notice, placard, circular, handbill, or advertisement, in the likeness or similitude, in whole or in part, of any bond, certificate of indebtedness, certificate of deposit, coupon, United States note, Treasury note, gold certificate, silver certificate, fractional note, or other obligation or security of the United States which has been or may be issued under or authorized by any act of Congress heretofore passed or which may hereafter be passed, or of any note of any defunct State bank, or any note of a Government or pretended government of a foreign country which is not recognized by the Government of the United States of America, or any note of a government not in existence; or to write, print, or otherwise impress upon any such instrument, obligation, security, or note, or any part thereof, any business or professional card, notice, or advertisement, or any notice or advertisement of any matter or thing whatever. Whoever shall violate any provision of this section shall be fined not more than $500.

A BILL To prevent the circulation of notes of defunct State banks, of certain foreign countries, of governments not in existence, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That any person who shall pass, or attempt to pass, as United States currency, or foreign, or other currency, any note, obligation, or currency of any defunct State bank, or any note, obligation, or

currency of a Government or pretended government of a foreign country which is not recognized by the Government of the United States of America, or any note, obligation, or currency of a government not in existence, or anything made or executed, in whole or in part, after the similitude of any such note, obligation, or currency, shall be deemed guilty of a felony, and upon conviction shall be fined not more than $500 or imprisoned not more than five years, or both.

SEC. 2. Any person who shall have in possession such note, obligation, or currency of a defunct State bank, or of the Government or pretended government of a foreign country which is not recognized by the Government of the United States, or of a government not in existence, with intent to sell or otherwise use the same, shall be deemed guilty of a felony, and upon conviction shall be fined not more than $500 dollars or imprisoned not more than five years, or both.

SEC. 3. All such notes, obligations, or currency of a defunct State bank, or of a Government or pretended Government of a foreign country which is not recognized by the Government of the United States, or of a Government not in existence, that shall be found in the possession of any person without authortiy from the Secretary of the Treasury or other proper officer to have the same, shall be taken and forfeited to the United States, and disposed of in any manner the Secretary of the Treasury may direct. Whoever having the custody or control of such notes, obligations, or currency shall fail or refuse to surrender the possession thereof upon request by any authorized agent of the Treasury Department shall be fined not more than $100, or imprisoned not more than one year, or both. O

1st Session.

No. 965.

SECTIONS 4935 AND 4936 OF THE REVISED STATUTES.

LETTER

FROM

THE ACTING SECRETARY OF THE TREASURY,

TRANSMITTING

RECOMMENDATIONS IN REGARD TO CERTAIN CHANGES IN LAWS RELATING TO PAYMENT OF PATENT FEES AND THE REFUND OF EXCESS PAYMENTS EFFECTED BY AMENDING SECTIONS 4935 AND 4936 OF THE REVISED STATUTES.

MARCH 29, 1916.-Referred to the Committee on Patents and ordered to be printed.

TREASURY DEPARTMENT,
OFFICE OF THE SECRETARY,
Washington, March 27, 1916.

The SPEAKER OF THE HOUSE OF REPRESENTATIVES.

SIR: In the interest of efficiency and good administration I have the honor to recommend changes in the existing laws relating to the payment of patent fees and the refundment of excess payments, such changes to be effected by amending sections 4935 and 4936 of the Revised Statutes of the United States to read as follows:

SEC. 4935. All patent fees shall be paid to the Commissioner of Patents, who shall deposit the same in the Treasury of the United States in such manner as the Secretary of the Treasury shall direct.

SEC. 4936. The Commissioner of Patents is authorized to pay back any sum or sums of money paid to him by any person by mistake or in excess of the fee required by law. The proposed changes are very much desired by this department and as well by the Department of the Interior.

There are about 6,000 warrants for $1 each, or less, issued annually to persons who have deposited money in accordance with the provisions of the existing laws on account of "patent fees" in excess of the amount required by law. Of the total of 6,000 warrants issued about one-half are for 25 cents each, or less, and it further appears that many of the refundments are for the amount of 5 cents, making the cost of such refundments to the Government out of all proportion to the money value involved.

The present practice is based upon an interpretation of the laws. made by Comptroller of the Treasury Tracewell in a decision dated November 23, 1911 (18 Comp. Dec., 368), to which attention was called by the Commissioner of Patents in his report for the year ended December 31, 1915 (H. R. 660, 64th Cong., 1st sess., pp. 23-26, copy inclosed), and a change of the laws recommended, citing the Report of the Investigation of the United States Patent Office, made by the President's Commission on Efficiency and Economy in December, 1912 (H. Doc. No. 110, 62d Cong., 3d sess., pp. 186-188).

The reasons advanced in the report of the Commissioner of Patents, in my opinion, conclusively show the need of the proposed changes in the existing laws upon this subject.

The form of the proposed amendments to sections 4935 and 4936, as now submitted herein, has the approval of the Department of the Interior, and is recommended by the Commissioner of Patents. Respectfully,

BYRON R. NEWTON,
Acting Secretary.

PAYMENT AND REFUNDMENT OF FEES.

On pages 186, 187, and 188 of the Report of the Investigation of the United States Patent Office, made by the President's Commission on Economy and Efficiency in December, 1912 (62d Cong., 3d sess., H. Doc. No. 110), will be found some valuable recommendations regarding the payment of fees into the Patent Office and the refundment of such fees as were paid by mistake or were in excess of what was required by law. The subjects therein discussed should receive congressional action in the interest of economy and efficient administration.

PAYMENT OF FEES.

Section 4935, Revised Statutes.

Patent fees may be paid to the Commissioner of Patents, or to the Treasurer, or any of the Aassistant Treasurers of the United States, or to any of the designated depositories, national banks, or receivers of public money, designated by the Secretary of the Treasury for that purpose; and such officer shall give the depositor a receipt or certificate of deposit therefor. All moneys received at the Patent Office for any purpose, or from any source whatever, shall be paid into the Treasury as received, without any deduction what

ever.

Section 4935, Revised Statutes (proposed amendment.)

Patent fees shall be paid to the Commissioner of Patents, and the commissioner, or such person as he shall deputize, shall make daily deposits in some bank in the District of Columbia, to be designated by the Secretary of the Treas ury for this purpose, of all moneys received as patent fees; and shall make deposits of such fees with the Treasurer of the United States, at such times and in such manner as the latter shall direct; and shall also make monthly reports in aggregate to the Secretary of the Treasury of all remittances received and moneys refunded.

The purpose of the proposed amendment to section 4935, Revised Statutes, is to eliminate the provision for payment by Treasury certificate of deposit. Less than 3 per cent of the patent fees are paid by certificate of deposit, and this method of payment is a source of confusion and trouble. Under the regulations of the Treasury Department these certificates, when issued, are forwarded by the depositary to the Patent Office, and the depositor is therefore without means to control the actual time of payment into the Patent Office other than to receive the benefit of payment as of the date upon which the deposit is made.

The weekly issues of patents are made up of cases in which the final fees have been received by the office not later than Thursday. Under the rules of the Patent Office the patents bear date as of the fourth Tuesday following the close of the issue, the