chapter 134 - docs.legis.wisconsin.gov · members of a partnership or company or stock-holders in a...

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MISCELLANEOUS TRADE REGULATIONS

Injury to bus i ness; restraint of wil l ..Blacklisting and coerci on of employes.P reventing pursuit of work .Sale of certain merchandis e by em p loyers toemployes prohibited ; penalty..Bribery of agent , et c. .B onus to chauffeurs for purc h as es, forbidden .Invading right t o choo se insurance a gent or

i nsurer by per sons engaged in fin a ncingInvading of right to choose insurance agent orinsur er by p ersons engaged in sel ling prope r ty.Issuingg and using what is not m oney; c ontr ac tsvoid . .Fraudu l ently recei ving deposits ..Corp orate name, fi l i ng, amendmen t,discontinuance , unlawful use..Use of, ev idence o f obtaining cr edit.Fr aud on exemption laws ,Fraudulent issuanc e o r us e of w ar eh ouserece iptsor bills of lading .War ehouseme n to ke ep register ; liability fordamages; pen a l ty for fraudPenalty fo r unauthorized p r esentatio n ofdr amatic plays , etc.Misb ra nding of go l d artic l es .Misb ra nding of sterling sil v er article sMisbranding o f coin silve r a rt icl es.Misbranding o f base silve r art i cles

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vice of his employer, or circulate a blacklist ofsuch,employe to prevent his obtaining employ-ment under any other employer, or who shallcoerce or compel any person to enter into anagreement not to unite with or become a mem-ber of any labor organization as a condition ofhis securing employment or continuing therein,shall be punished by fine of not more than $500nor less than $100, which fine shall be paid intothe state treasury for the benefit of the schoolfund.

(2) Nothing in this section shall .l prohibit anyemployer of labor from givingg any other suchemployer, to whom a discharged employe hasapplied for employment, or to any bondsman orsurety, a truthful statement of the reasons forsuch discharge, when requested so to do by suchemploye, the person to whom he has applied foremployment, or any bondsman or surety; but itshall be a violation of this section to give suchinformation with the intent to blacklist, hinderor prevent such employe from ` obtaining em-ployment; neither shall anything herein con-tained prohibit any employer of labor fromkeeping for his own information and protectiona record showing the habits, character and com-petency of his employes and the cause of thedischarge or voluntary quitting of any of them ..

134 .01 Injury to business ; restraint ofwill. Any 2 or more persons who shall combine,associate, agree, mutually undertake or concerttogether for the purpose of wilfully or mali-ciously injuring another in his reputation, trade,business or profession by any means whatever,or for the purpose of maliciously compelling an-other to do or perform any act against his will,or preventing or hindering another from doingor performing any lawful act shall be punishedby imprisonment in the county jail not morethan one year or by fine not exceeding $500 . .

134 .02 Blacklisting and coercion of em -ployes. (1) Any 2 or more persons, whethermembers of a partnership or company or stock-holders in a corporation, who are employers oflabor, who shall combine or agree to combinefor the purpose of preventing any person seek-ing employment from obtaining thee same, or forthe purpose of procuringg or causing the dis-charge of"any employe by threats, promises, cir-culating blacklists or causing the same to becirculated, or who shall, after having dis-charged any employe, prevent or attempt toprevent such employe from obtaining employ-ment with any other person, partnership, com-pany or corporation by the means aforesaid, orshall authorize, permit or allow any of his ortheir agents to blacklist any discharged employeor any employe who has voluntarily left the set-

134.01 MISCELLANEOUS TRADE REGULATIONS

CHAPTER 134

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13429 Testing of silver art i c l es .13430 Misbranding of go l d p l ated articles ..1 34 , 3 L M isbranding of silver plated a rticles .134 32 Penalty for viol ations of sect ions 1 3425 to

13432134 33 P l atinum sta mping .13435 T im e of filing endors ed on telegr ams deliv ered , .134,36 Telegraph ; divulging message; p refer ence in

sending, etc ..134 37 Divulging message or forging receipt .134 38 Comp a nies to post copy of act.13439 Fr audulent kno wledge of dispatch ; inju r y to

wires; interference .134 „ 40 Injury to w ires by remov al of building, e tc .13441 Po les and wires on pri va te property without

owner' s c onsent: .134 , 45 Contracts res tri cting days for ex hibit i ng, motion

pictur e films; penalty .,13450 Poultry dea ling r eg ulations,134 . 52 Shipment of chickens134 .57 Det ectives, settlement with employes13458 Use of unauthorized pe rsons as officers13460 Christmas trees, cutting , transportation , etc .134 .. 65 . Cigarett e r eta il er license .13467 D istribution and sale of DDT prohibited .13471 Liability of the r ecipient of an unsolicited credit

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Electronically scanned images of the published statutes.

134.03 Preventing pursuit of work . Anyperson whoo by threats, intimidation, force orcoercion of'any kind shall hinder or prevent anyother person from engaging in or continuing inanyy lawful work or employment, either for him-self or as a wage worker, or who shall attemptto so hinder or prevent shall be punished by finenot exceeding $100 or by imprisonment in thecounty ,jail not more than 6 months, or by bothfine and imprisonment in the discretion of thecourt. Nothing herein contained shall be con-strued to prohibit any person or persons off" ofthe premises of such lawful work or employ-ment from recommending, advising or persuad-ing others by peaceful means to refrain fromworking at a place where a strike or lockout isin progress .

134.04 Sale of certain merchandise byemployers to employes proh ibited; penalty.(1) No person, firm or corporation engaged inany enterprise in this state shall by any methodor procedure directly or indirectly by itself orthrough a subsidiary agency owned or con-trolled in whole or in part by such person ; firmor corporation, sell or procure for sale or havein its possession or under its control for sale toitss employes or any person any article, material,product or merchandise of whatsoever naturenot of his or, its ownn production or not handledin his or° its regular course of trade, exceptingmeals, candy bars, cigarettes and tobacco forthe exclusive use and consumption of suchh em-ployes of the employer, and excepting toolsused by employes in said enterprise and suchspecialized appliances and paraphernalia asmay be required in said enterprise for the em-ployes' safety or health and articles used by em-ployes or other persons which insure bettersanitary conditions and quality in the manufac-ture of food or food products. The provisions ofthis subsection shall not apply to lumber pro-ducexs, loggers and dealers not to any co-opera-tive 'association organized under ch, 185 .. Thissection shall not be construed as authorizingthe sale of any merchandise at less than cost asdefined in s . 100.30 .

(2) Any person, firm or corporation violatingthe provisions of this sectionn shall be deemedguilty of a misdemeanor and upon convictionthereof shall be punished for the first offense bya fine of not less than $100 nor more than $500and for second or subsequentt offense by a fine ofnot less than $500 not more than $1,000 .. Eachact prohibited by this section shall constitute aseparate violation and offense hereunder .

134 .05 Bribery of agent , etc. Whoevercorruptly gives, offers or promises to an agent,employe or servant, any gift or gratuity what-

ever, with intent to influence his action in rela-tion to his principal's, employer's or master'sbusiness; or an agent, employe or servant whocorruptly requests or, accepts a gift or gratuityor a promise to makee a gift or to do an actbeneficial to himself; under an agreement orwith an understanding that he shalll act in anyparticular manner in relation to his principal's,employer's or master's business ; or an agent,employe or servant, who, being authorized toprocure materials, supplies or other articles ei-ther by purchase or contract for his principal,employer or master, or to employ service or la-bor for his principal, employer or master, re-ceives directly or indirectly, for himselfor foranother, a commission, discount or bonus fromthe person who makes suchsale or contract, orfurnishes such materials, supplies or other arti-cles, or from a person who renders such serviceeor labor; and any person who gives or offerssuch an agent, employe or servant such com•-mission; discount or bonus, shall be punishedby a fine of not less than $10 nor more than$500, or by such fine and by imprisonment fornot more than one year . .

134 .06 Bonus to chauffeurs forr pur-chases, forbidden. It shall be unlawful for anychauffeur, driver or other, person having thecare of 'a motor vehicle for the owner to receiveor take directly or indirectly without the writ-ten consent of such owner any bonus, discountor other consideration for supplies, or parts fur-nished or purchased for such motor vehicle orupon any work or labor done thereon by othersor on the purchase of any motor vehicle for hisemployer and no person furnishing such sup-plies or parts, work or labor or selling any mo-tor vehicle shalll give or offer' any suchchauffeur or, other person having the care of amotor vehicle for the owner thereof, directly orindirectly without such owner's written con-sent, any bonus, discount or other considerationthereon . . Anyy person violating this section shallbe guilty of a misdemeanor, and punished by afine not exceeding' $25 .

134.10 Invad ing right to choose insur-ance agent or insurer by persons engagedin financing. (1) Any person engaged in thebusiness of financing the purchase of real 'or,personal` property or of lending money on thesecurity of real or 'personal property, and anytrustee, director, officer, agent or employe ofany such person, who requires, or conspireswith another to require, as a condition prece-dent to financing the purchase of'such propertyor to loaning money upon the security of amortgage thereon, or as a condition prerequisitefor the renewal or extension of any such loan or

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134 .15 Issuing and using what is notmoney ; contracts void. (1) Any person whoshall knowingly issue, pay out of pass, and anybody corporate, or any officer, stockholder, di-rector or, agent thereof' who shall issue, pay outor pass, or receive in this state, as money or asan equivalent for money, any promissory note,draft, order, bill of exchange, certificate of de-posit or other paper of any form whatever inthe similitude of bank paper, circulating asmoney or banking currency, that is not at thetime of such issuing, paying out, passing or re-ceiving expressly authorized by some positivelaw of the United States or, of some state of theUnited States or of any other country, and re-deemable in lawful money of the United States,or current gold or silver coin at the place whereit purports to have beenn issued, such personshall be punished by imprisonment in thecounty ,jail not moree than 6 months or by finenot exceeding $100, and such body corporateshall forfeit all its rights, privileges and fran-chises and shall also forfeit to the state and payfor each offense the sum of $500 . .

(2) All contracts of any kind whatever theconsideration of which, in whole or in part, shallconsist of any such paper as is prohibited in sub..(1) and all payments made in such unauthorizedpaper shall be null and void,

134 .16 Fraudulently receivingg deposits .Any. officer, director, stockholder, cashier,teller, manager, messenger, clerk or agent ofany bank, banking, exchange, brokerage or de-posit company, corporation or institution, :or ofany person, company or corporation engaged inwhole or in part in banking, brokerage, ex-change or deposit business in any way, or anyperson engaged in such business in whole of inpart who shall accept or receive, on deposit, orfor, safe-keeping, or to loan, from any personany money, or any bills, notes or other papercirculating as money,, or any notes, drafts, billsof exchange, bank checks or other commercialpaper forr safe-keeping or for collection, whenhe knows or has good reason to know that suchbank, company or corporation or, that such per-son is unsafe or insolvent shall be punished byimprisonment in the state prison not more than10 years nor less than one year or by fine notexceeding $10,000 :

134.11 Invading of right to choose insur -ance agent or insurer by persons engagedin selling property. (1) Any person engaged inthe business of selling real or personal property,and any trustee, director, officer, agent or em-ploye of` any such person, who requires, as acondition precedent to the selling of such prop-erty, or to the performance of any other act inconnection therewith, that the person to whomsuch property is being sold, negotiate any policyof insurance or renewal thereof' covering suchpropertythrough a particular insurancee agent,shall be finedd not less than $50 nor more than$200 of imprisoned not more than 6 months orboth ..

(2) It is the duty of every person engaged insuch business and of every trustee, director, of-ficer-, agent or employe of any such person soengaged, when negotiating the sale or selling anysuch property, to advise the person to whom theproperty is being sold that he is free to choosethe insurance agent or insurer through whichthe insurance covering such property is to benegotiated .

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mortgage or for- the performance of any otheract in connection therewith, that the person forwhom such purchase is to be financed or towhom the money is to be loaned or for whomsuch extension, renewal or other act is to begranted or performed, negotiate any policy ofinsurance or renewal thereof' cover ing suchproperty through a particularr insurance agent,shall be fined not less than $50 nor more than$200 or imprisoned not more than 6 months orboth .

(2) It is thee duty of every person engaged insuch business and of every trustee, director, of-ficei, agent or employe of any such person, whenfinancing the purchase of such property or loan-ing money upon the security of a mortgagethereon, or renewing or extending any such loanor mortgage, or performing any other act in con-nection therewith, to advise the person forwhom such purchase is to be financed or to orfor whom the money is to be loaned or for whomsuch extension, renewal or other act is to begranted or performed, that he is free to choosethe insurance agent or insurer through whichthe insurance covering such property is to benegotiated . .

(3) This section shalll not be construed to pre-vent the reasonable exercise of any person soengaged, his trustee, director, officer, agent oremploye of his right to approve or disapprovethe insurer selected to underwr i te the insuranceor to determine the adequacy of the insuranceoffered .

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(3) This section shall not be construed to pre-vent the reasonable exercise of any person soengaged, his trustee, director, officer, agent oremploye of his right to approve or disapprove,on behalfof himself' or his p ri ncipal, the insurerselected to underwrite the insurance or to deter-mine the adequacy of the insurance offered .


134 .20 Fraudulent issuance or use ofwarehouse receipts or bills of lading . (1)Whoever; withintent to defraud, does any ofthe followingg shall be fined not more than$5,000 or imprisoned not more than 5 years, orboth:

(a) I ssues a warehouse receipt or bill of ladingcovering ,goods which, at the time of issuance of'the receipt or bill, have not been received orshipped in accordance with the purported termsand meaning of such receipt or bill, .

(b) Issues a warehouse receipt or bill of ladingwhich he knows contains a false statement.:

(c) I ssues a duplicate or additional warehousereceipt or bill of lading, knowing that a formerreceipt or bill for the same goods or any part ofthem is outstanding and uncanceled,

(d) Issues a warehouse receipt covering goodsowned by the warehouseman,, either solely orjointly or in common with others, without dis-closing such ownership in the receipt, .

(e) Delivers goods out of the possession ofsuch warehouseman or carrier to a person whohe knows is not entitled thereto or with knowl-edge that the goods are covered by a negotiablewarehouse receipt or bill of lading which is out-standing and uncanceled and without obtainingpossession of such receipt or bill at or before thetime of delivery and either canceling it or con-spicuously noting thereon any partial deliveries..made .

(f) In any manner, removes beyond the imme-diate control of a warehouseman or carrier anygoods covered by a warehouse receipt or bill of'lading issued by such warehouseman or carrier,contrary to the terms and meaning of such re-ceipt or bill and without the consentt of theholder thereof:.

(g) Negotiates or transfers fox value a ware-house receipt or bill of lading covering goodswhich he knows are subject to a lien or securityinterest (other, than the warehouseman's or, car-rier's lien) or to which he does not have title orwhich he knows have not been received orshipped in accordance with the purported terms.and meaning of such receipt or bill and fails todisclose such facts to the purchaser thereof' . . . .

(2) I n this section :(a) "Bill of lading" means a document evi-

dencing the receipt of goods for, shipment issuedby a person engaged in the business of transport-ing or forwarding goods, andd includes an airbill:"Airbill" means a document serving for air

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134 . 17 Corporate name , filing,, amend -ment , discontinuance , unlawful use. (1) Anyperson or persons who shall engage in or adver-tiseany mercantile or commission business un-der a name purporting :or appearing to be acorporate name, ., with intent thereby to obtaincredit, and which name does not disclose thereal name or names of one or more of the per-sons engaged in said business, without first fil-ing in the office of the register of deeds of thecountyy wherein his or their principal place ofbusiness mayy be, a verified statement: disclosingand showing the name- or, names of all personsusing such name, shall be deemed guilty of amisdemeanor and on conviction thereof shall bepunished by a fine of not to exceed $1,000 or byimprisonment in thee county jail not more thanone year .

(2) Anyy use, of corporate name may beamended by filing a verified statement clearlysetting forth all changes and signed by all partiesconcerned with the register of deeds where theoriginal declaration was filed,

(3) A discontinuance of use of corporate namesigned by all interested parties and verified maybe filed withh the register of deeds where theoriginal declaration was filed : . . .

(4) For each such filing the register of deedsshall receive a fee of $1 .

134 .18 Use of, evidence of obtainingcredit. The adoption of and advertising of anybusiness under any name in its form corporateand not disclosing the name of one or more per-sons connected with said business, shall be legalevidence that such name is or was adopted orused for thee purposee of obtaining credit,

134.19 Fraud on exemption laws. Anyperson who shall, whether as principal, agent orattorney, with intent thereby to deprive anybona fide resident of this state of his rights un-der the statutes thereof relating to the exemp-tion of property or earnings from sale orgarnishment, send or cause to be sent out'of"thisstate any claim for debt for the purpose of hav-ing the same collected by proceedings in attach-ment, garnishment of other mesne process,when the creditor and debtor and the person orcorporation owing the debtor the money in-tended to be reached by any such proceedingsare within the jurisdiction of the courts of thisstate; or who directly or indirectly assigns ortransfers any claim for debt against such a resi-dent for the purpose of having the same col-lected by such proceedings or any of them outof the wages or personal earnings of the debtoror of hiss minor children, whose earnings con-tribute to the support of his family, in courts,without, this state, when the creditor and debtor

MISCELLANEOUS TRADE REGULATIONS 134.20

and person or corporation owing the money in-tended to be reached by such proceedings areeach and all within the jurisdiction of ' the courtsof this state, shall be fined not more than $50nor less than . $10 for each offense.


134 .205 Warehousemen to keep regis-ter; liability foe damages ; penalty for fraud .(1) Every warehouseman shall keep in the officein which the business of the warehouse is trans-acted a register in which shall be entered withreference to each receipt issued, the facts speci-fied in s. 407 .202 (2) . When the warehousemanceases to be responsible for the delivery of theproperty described in the receipt, the fact anddate of the delivery of the propertyand suchother factss as may terminate liability on suchreceipt shall be entered in such register in con-nection with the original entry,

((2) Such register shall be open to the inspec-tion of the owner or holderr of any such receipt,or of any person who presents the same at theoffice of the warehouseman,

(3) The warehouseman shall bee responsible toany person relying on such entries in good faithfor any loss or damage which he sustainsthrough any failure to make the entries requiredby this section . .

(4) Whoever, with intent to defraud, issues awarehousee receipt without entering the same ina register as required by this section shall befined not more than $5,000 or imprisoned notmore than 5 years, or both ..

134 .21 Penalty for unauthorized presen -tation of dramatic plays, etc. Any personwho sells a copyy or a substantial copy,, or whocauses to be publicly performed or representedfor profit, any unpublished or undedicated dra-matic play or musical composition, known asan opera, without the written consent of itsownerr or proprietor, or, who, knowing thatsuch dramatic play or musical composition isunpublished or undedicated, and, without thewritten consent of its owner or proprietor, per-mits, aids, or takes part in such a performanceor representation, shall be guilty of a misde-meanor, and upon- conviction thereof shall befined not less than $5 nor more than $100, or byimprisonment not exceeding 60 days .

134 .25 Misbranding of gold art i cles . (1)Any person, firm, corporation or association,who or which makes for sale, or sells, or offersto sell or dispose of, or has in his, her or itspossession with intent to sell or dispose of, anyarticle of merchandise made in whole or in partof gold or any alloy of gold, and havingstamped, branded, engraved or imprinted

134 .26 Misbranding of sterling silver arti-cles. (1) Any person, firm, corporation or asso-ciation, who or which makes for sale, or sells,or offers to sell or dispose of, or has in his, heror its possession with intent to sell or dispose of,any article of merchandise made in whole or inpart of silver or of any alloy of silver and havingmarked, stamped,- branded, engraved or im-printed thereon, or upon any tag, card or labelattached thereto or upon any box, package,cover or" wrapper in which said article is en-cased or, enclosed, the words "sterling silver" or"sterling," or any colorable imitation thereof,unless nine hundred twenty-five one-thou-sandths of the component parts of the metalappearing or, purporting to be silver, of which


transportation as a bill of lading does for marineor rail transportation, and includes an air con-signment note or, air waybill.

(b) "Warehouse receipt" means a receipt is-sued by a person engaged in the business of stor-ing goods for hire . .

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thereon, or upon any tag, card or label attachedthereto, or upon any box, package, cover orwrapper in which said article is encased or en-closed any mark, indicating or designed or in-tended to indicate, that the gold or alloy of goldin such article is of a greater degree of finenessthan the actual fineness or quality of such goldor alloy, unless the actual fineness of such goldor alloy, in the case of flat ware and watchcases, be not less by more than three one-thou-sandths parts, and in the case of all other arti-cles - be not less by more than one-half karatthan, the fineness indicated by the marksstamped, branded, engraved or imprinted uponany part of'such article, or upon any tag, ' cardor label attached thereto, ' or, upon any box,package, cover or wrapper in whichh such articleis encased or enclosed, according to the stand-ards and subject to the qualifications herein-after set forth, is guilty of misdemeanor..

(2) In any test for the ascertainment of thefineness of thegold or its alloy in any such arti-cle, according to the foregoing standards, thepart of the gold or of its alloyy taken for the test,analysis or, aassay shall be such part or portion asdoes not contain or have attached thereto anysolder or alloy of inferior fineness used for braz-ing or uniting the parts of said article .

(3) In addition to the foregoing tests andstandards, that the actual fineness of the entirequantity of gold and of its alloys contained - inany article mentioned in this section (exceptwatch cases and flat ware), including all solderor alloy of inferior metal used for brazing oruniting the parts of the article (all such gold,alloys and solder being ' assayed as one piece)shall not be less by more than one karat, than thefineness indicatedd by the mark stamped,branded, engraved or imprinted upon such arti-cle, or, upon any tag, card or label attachedthereto, or upon any box, package, cover orwrapper in which said article is encased or en-closed,


134 .29 Test ing of silver : articles . (1) Inany test for- the ascertainment of the fineness ofany such article mentioned in ss . 134.26 to134,28, according to the standards therein, thepast of the article taken for the test, analysis orassay, shall be such part or portion as does notcontain or have attached thereto any solder or,alloy of inferior'metal used for brazing or unit-ing the parts of such article .

(2) In addition to the foregoing test and stand-ards, the actual fineness of the entire quantity ofmetal purporting to be silver contained in anyarticle mentioned in ss . 134,26 to 134.28, includ-ing all solder' ox alloy of inferior fineness used fox'brazing or, uniting the parts of any such ar ticle(all such silver, alloy or solder being assayed asone piece)' shall not be less by more than tenone-thousandths parts than the fineness indi-cated according to the foregoing standards, bythe mark stamped, branded, engravedd or im-printed upon such article,: or upon any tag, cardor, label attached thereto, or upon any box, pack-age, cover or wrapper in which said article isencased or enclosed.

134.30 Misbranding of gold. plated `arti-cles. Any person, firm, corporation or associa-tion, who or which makes for sale, or, sells or-offers ' . to sell or dispose of, or has in his, her orits possession with intent to sell or dispose of,any article of merchandise made in whole or inpart of inferior metal having deposited or platedthereon or brazed or otherwise affixed thereto aplate, plating, covering or sheet of gold or ofany alloy of gold, and which article is known inthe market as "rolled gold plate," "gold plate,""gold filled" or "gold electroplate," or, by anysimilar designation, and having stamped,branded, engraved or imprinted thereon, orupon any tag, card or label attached thereto, orupon any box, package, cover or wrapper inwhich said article is encased or enclosed, anyword or mark usually employed to indicate thefineness of gold, unless said word be accompa-nied by other words plainly indicating that sucharticle or some part thereof is made of rolledgold plate, or gold plate, or gold electroplate, oris gold filled, as the case may be, is guilty of amisdemeanor,

134 .31 Misbrandin gg of s i lver plated arti-cles. Any person, firm, corporation or associa-tion, who or which makes for sale, or sells oroffers to sell or dispose of, or has in his, her orits possession with intent to sell or dispose of,any article of merchandise made in whole or inpart of inferior metal, having deposited orplated thereon or brazed or otherwise affixedthereto, a plate, plating, covering or sheet ofsilver or of any alloy of silver, and which article

134 .28 Misbranding of base silver arti-cles. Any person, firm, corporation or associa-tion, who or which makes for sale, or, sells, oroffers to sell or, dispose of; or has in his, her orits possession with intent to sell or dispose of,any article of merchandise made in whole or inpart of silver or of any alloy of silver, and hav-ing stamped, branded, engraved or imprintedthereon, or upon any tag, card or label attachedthereto, or upon any box, package, cover orwrapper in which said article is encased or en-closed, any mark or word (other than the word"sterling" or the word "coin") indicating, ordesigned or intended to indicate, that the silveror, alloy of silver in said article, is of a greaterdegree of fineness than the actual fineness orquality of such silver or alloy, unless the actualfineness of the silver or alloy of silver of whichsaid article is composed be not less by morethan four one-thousandths parts than the actualfineness indicated` by the said mark or word(other~ than the word "sterling" or "coin")stamped, branded, engraved or imprinted uponany part of'said article, or upon any tag, card orlabel attached thereto ; or upon any box, pack-age, cover or wrapper in which said article isencased or enclosed, subject to the qualifica-tions hereinafter set forth, is guilty of a misde-meanor .

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such article is manufactured are pure silver, sub-ject to the qualifications hereinafter set forth, isguilty o£ a misdemeanor. .

'(2) In the case of all such articles there shallbe allowed a divergence in fineness of four one-thousandths parts from the foregoing standards .

134 .,2:7 Misbranding of coin silver arti-cles. (1) Any person, firm, corporation or asso-ciation, who or, which makess for sale, or sells,or offers to sell or dispose: of, or has in his, heror its possession with intent to sell or dispose of,any article of merchandise made in whole or inpart of silver or of any alloy of silver and havingmarked, stamped, branded, engraved or, im-printed thereon, or upon any tag, card or labelattached thereto, ox upon any box, package,cover or wrapper in which such article is en-cased of enclosed; the words "coin" or "coinsilver," or any colorable imitation thereof, un-less nine hundred one-thousandths of the com-ponent parts of the metal appearing orpurporting to be silver, of which suchh article ismanufactured are, pure silver, subject to thequalifications hereinafter set for th, is guilty of amisdemeanor.

(2) In the `case of all such articles there shallbe allowed a divergence in fineness of four one-thousandths parts from the foregoing standards, .

MISCELLANEOUS TRADE REGULATIONS 134.31


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or the percentage of or the purity of or the num-ber of parts of platinum, iridium, palladium, ru-thenium, rhodium or osmium in any article .(2) APPLICATION AF QUALITY MARK, (a)

When an article is composed of mechanism,works or movements and of a case or cover, con-taining the mechanism, works or movements, aquality` mark applied to the article shall bedeemed not to be, nor to be intended to be, ap-plied to the mechanism, works, or movements . .

(b) The quality mark applied to the articleshall be deemed not to apply to springs, windingbars, sleeves, crown cores, mechanical joint pins,screws, rivets, dust-bands, detachable movementrims, hatpin stems, bracelet and necklace snaptongues . . In addition, in the event that an articleis marked under sub. (1) (e), the quality markapplied to the article shall be deemed not toapply to pin tongues, joints, catches, lapel buttonbacks and the posts to which they are attached,scarf pin stems, hat pin sockets, shirtstud backs,vest button backs and ear' screw backs, providedsuch parts are made of the same quality of goldas is used in the balance of this article .

(3) TRADE-MARK. If there is any qualitymark printed, stamped or branded on the aiti-cle itself, there must also be printed, stamped orbranded on the said article itself the followingmark, to wit : A trade-mark duly applied for orregistered under . the laws of the United States ofthee manufacturer of such article; except that ifsuch manufacturer hass sold or, contracted tosell such article to a jobber, wholesaler or retaildealer regularly engaged in the business of buy-ing and selling similar articles,, this provisionshall be deemed to be complied with if there isso marked on the said article the trade-markduly registered under the laws of the UnitedStates of such jobber, wholesaler or retail dealerrespectively; and in such event there may alsobe marked on the said article itself' numeralsintended to identify the articles, design or pat-tern provided, however, that such numerals donot appear or purport to be a part of the qualitymarkk and provided that they are not calculatedto mislead or deceive anyone into believing thatthey are part of the quality mark .(4) QUALITY MA RKS; .DESCRIPTION .. (a) All

quality marks applied to any article shall beequal in size and equally visible, legible, clearand distinct and no quality mark which is false,deceptive or misleading shall be applied to anyarticle or to any descriptive device- therefor. Nomore than onee quality mark shall be applied toany article and such quality mark shall be ap-plied to such article in only one place thereonexcept as elsewhere in the section specificallypermitted .

134.33 Plat inum stamping. (1) DEFirri-Tiorrs I n this section unless the context other-wise requires :

(a) "Article" means any article of merchan-dise and includes any portion of such article,whether' a distinct part thereof, or not, includingevery part thereof whether, or nott separable andalso including material forr manufacture .

(b) "Platinum,' ',"iridium," "palladium," "ru-thenium," "I '11OC11UTri" or "osmium," includeany alloy or all oys of any one or more of saidmetals.

(c) "Mark" means any mark, sign, device, im-print, stamp, brand applied to any article, or toany -tag,, card, paper; label, box, carton, con-tainer, holder, package cover or wrapping at-tached to, used in conjunction with or enclosingsuch article or any bill, bill of sale, invoice, state-ment, letter, circular, advertisement, notice,memorandum or otherr writing or printing .(d) "Apply". and "applied" include any

method or means of application or attachmentto, or of use on, or in connection with, or inrelation to, an article, whether such application,attachment or use is to, on, by, in or with thearticle itself, or anything attached to the article,or anything to which the article is attached, oranything in or on which the article is, or any-thing so used or placed as to leadd to a reasonablebelief thatt the mark on that thing is meantt to betaken as a mark- on the article itself:

(e) "Quality mark" is anyy mark as herein de-fined indicating, describing, identifying or refer-ring to or appearing or seeming or purporting toindicate ; describe, identify or refer to the partialor total presence or existence of or the quality of

.is known in the market as "silver- plate" or "sil-ver electroplate," or by any similar designation,and having stamped, branded, engraved or im-printed thereon, or upon any tag, card or labelattached thereto, or uponany box, package,cover or wrapper in which said article is encasedor enclosed, the word "sterling" or the word"coin," either alone or in conjunction with anyother words or marks is guilty of a misde-meanor.

1 '34.32 Penalty for violations of sections134.25 to ,134 .32.' Every person, _firm, cor-poration or association guilty of a violation ofany one of the provisions of ss 1 .34..25 to134.32, and every officer, manager, director ormanaging agent of any such person, firm, cor-poiation or association, directly participating insuch violation or consenting thereto, shall bepunished by a`fine of not more than $500 norless than $25, or imprisonment for, not morethan 3 `months, or both, at the discretion of thecourt .


the content of such other metal or metals inproportion to the entire article, as for example,600 plat , . , 350 pall ., or 500 plat., 200 pall.. , 150ruth ., 100 rhod . ;

(d) An article consisting of nine hundred fiftythousandths parts of the following metals : plati-num, iridium, palladium, ruthenium, rhodiumor osmium with less than fivee hundred thou-sandths parts of the entire article consisting ofpure platinum, may be marked with the nameir i dium, palladium, ruthenium, rhodium or os-mium, whichever predominates in the said arti-cle, but in no event with the mark "platinum,"provided, however, that the quantity of suchmetal other than platinum so marked, must bemarked in decimal thousandths, and providedfurther that the name of such metal other thanplatinum so used must be spelled out in fullirrespective of any other provisions of this articleto the contrary.

(e) An article composed of platinum and goldwhich resembles, appears or purports to be plati-num, may be marked with a karat mark and theplatinum mark, provided :

1 . The platinum in such article shall be at leastnine hundred eighty-five thousandths parts pureplatinum; and

2 . The fineness of the gold in such article shallbe correctly described by the karat mark of saidgold ; ' and

3 . The percentage of platinum in such articleshall be no less than five per, cent in weight of thetotal weight of the article; and

4 . The mark shall be so applied that the karatmark shall immediately precede the platinummark, as for, example, "14 K & Plat .", "18 K &Plat.", as the case may be, it being expresslyprovided that in case the percentage of platinumexceeds the 5% provided herein, the qualitymark may also include a declaration of the per-centage of platinum, as for example, "18 K &1/10th Plat ., ", or "14 K & 1/8th Plat . "; or as thecase may be.

(f ) An article composed of platinum and anyother material or metal not resembling, appear-ing or purporting to be platinum, may bemarked with the quality mark 'k platinum pro-vided all parts or portions of such article resem-bling or appear i ng or purporting to be platinum,or reasonably purporting to be described as plat-inum by said quality mark, shall be at least ninehundred eighty-five thousandths parts pure plat-inum .

(6) ABBREVIATIONS, (a) Whenever providedfor in this article, except as specifically ex-cepted, the word "platinum" may be applied byspelling it out in full or by the abbreviation"plat.", the word "iridium" may be applied byspelling it out in full or ' by the abbreviation

(b) Wherever in this article provision is madefor marking the number of parts or percentageof metals such number or percentage shall referto weight and not to volume, thickness or anyother basis . .

(5) QUALITY; corriEtvrs . There shall not beapplied to any article any quality mark nor anycolorable imitation thereof, nor any contractionthereof, nor any addition thereto, nor anywords or letters, nor any mark purporting to beor resembling a quality mark except as follows :

(a) An article consisting of at least nine hun-died eighty-five thousandths parts of platinum,iridium, palladium, ruthenium, rhodium or, os-mium, where solder is not used and at least ninehundred fifty thousandths parts of said metal ormetals where solder is used, may be marked"platinum" provided that the total of the afore-mentioned metals other than pure platinumshall amount to no more than fifty thousandthsparts of the contents of the entire article .

(b) An article consisting of at least nine hun-died eighty-five thousandths parts of platinum,iridium, palladium, rhodium,, ruthenium or os-mium where solder is not used and at least ninehundred fifty thousandths parts of the said metalor metals wheree solder is used, and providedfurther that at least seven hundred fifty thou-sandths parts of said article are pure platinum,may be marked "platinum," provided immedi-ately preceding the mark "platinum" there ismarked the name or abbreviation as hereinafterprovided, of either iridium, palladium, ruthe-nium, rhodium or osmium, whichever of saidmetalss predominatess and provided further thatsuch predominating other metal must be morethan fifty thousandths part of the entire article .,

(c) An article consisting of at least nine hun-dred eighty-five thousandths parts of platinum,iridium, palladium, ruthenium, rhodium or os-mium, where solder is not used and at least ninehundred fifty thousandths parts of said metalswhere solder- is used, provided more than fivehundred thousandths parts of ' said art icle consistof pure platinum, may be marked with the word"platinum," provided that said word is immedi-ately preceded by a decimal fraction in one-thousandths showing thee platinum content inproportion to the content of the entire article,and further provided that said mark "platinum"be followed by the name .e or abbreviation asherein allowed, of such one or more of the fol-lowing metals, to wit : iridium, palladium, ruthe-nium, rhodium or osmium, that may be presentin the article in quantity of more than fifty-thou-sandths parts of the entire article : The name ofsuch other, metal ormetals other than platinum,however, shall each be immediately pieceded bya decimal fraction in one-thousandths showing

2219 . MISCELLANEOUS TRADE REGULATIONS 134.33


134.33. MISCELLANEOUS TRADE REGULATIONS 2220

134.35 T ime of fil ing endorsed on tele-grams delivered . (1) Every person, firm orcorporation operating a telegraph line or linesin this state shall, without extra charge therefor,cause to be written, stamped or printed in aconspicuous place upon the addressee's copy ofeach telegram originating at and destined to apoint within this state, the hour and minute ofthe day in which the copy of such telegram wasfiled or left with such person, firm or corpora-tion for transmission and the hour and minuteof the day when such telegram was received inthe office of such persgn, firm or corporation atits destination .

(2) Any person, firm or corporation violatingany of the provisions of this section shall bedeemed guilty of a misdemeanor .

134 .36 Telegraph ; d ivulging message;preference in sending, etc. Any officer orother person connected with, or in the businessor management of, any telegraph company do-ing business in this state who shall- divulge orcommunicate any telegraph message or dis-patch or the substance or any part thereof, ex-cept to the personn entitled to receive the same,or, who shall give unlawful preference in thesending, transmitting or receiving of telegraphmessages or dispatches, or shall wilfully fail orneglect to give preference to dispatches or mes-sages in the order of time in which applicationsare received shall be punished by imprisonmentinthe county jail not more than one year or- byfine not exceeding $500,

134 .37 Divulging message or forging re-ceipt. Any person connected with a telegraphor messenger company, incorporated or unin-cotporated, operating a lined telegraph or en-gaged in the business of receiving and deliveringmessages in this state, in any capacity, who wil-fully divulges the contents, or the nature of thecontents of a private communication entrustedto him fox .transmission or delivery, or who wil-fully refuses or neglects to transmit or deliverthe same, or who wilfully forges the name of theintended receiver to a receipt for any such mes-sage or, communication or article of value en-trusted to him by said company, shall beimprisoned in the county jail, not exceeding oneyear, or to be fined not to exceed $500, in thediscretion of the court.

134 .38 Companies to post copy of act .All telegraph or messenger companies whoseemployes are affected by s . 134.37 are herebyrequired to post, in their offices in this state, aacopy of s . .134 . .37, . under a penalty of $10 andcosts for each and every offense .

"ir i d . ", the word "palladium" may be applied byspelling it out in full or by the abbreviation"pall,", ' the word "ruthenium" may be appliedby spelling it out in full or by the abbreviation"ruth . ", the word "rhodium" may be applied byspelling it out in full or by the abbreviation"rhod .", and the word "osmium" may be ap-plied by spelling it out in full or by the abbrevia-tion "osmi . " .

(7) PRIMA . FACIE PROOF .: (a) In any actionrelating to the enforcement of any provision ofthis section, a certificate duly issued by an assayoffice of the treasury department of the UnitedStates, certifying the weightt of any article, orany part thereof, or of the kind, weight, quality,fineness or quantity of any ingredient thereof ;shall be receivable in evidencee as constitutingprima facie proof of the matter or matters socertified . .

(b) In any action relating to the enforcementof this section, proof' that an article has beenmarked in violation of this section shall bedeemed to be prima facie proof that such articlewas manufactured after July 1, 1937 .

(8) PENALTIES. Any person, firm, partner-ship, corporation or association or any officer,director, employe or agent thereof who makes,or sells, or offers to sell, or disposes of, or has inhis or its possession, with intent to sell or dis-pose of, any article as herein defined to which isapplied any quality mark which does not con-form to all the provisions of this section, orfrom which is omitted any mark required bythis, section, shall be guilty of a misdemeanorand upon conviction thereof' shalll be punishedby a fine of not more than $1,000 or by impi i s-onment for not more than 6 months, or by bothsuch fine and imprisonment in the discretion ofthe court, provided, however ', that it shall be adefense to any prosecution under this sectionfor the defendant to prove that the said articlewas manufactu red and marked with the inten-tion of and for purposes of exportation from theUnited States, and that the said article was ei-ther actually exported from the United States toa foreign country within 6 months after' datee ofmanufacture thereof with the bona fide inten-tion of being sold in the said country and of notbeing reimported, or thatt it was deliveredwithin 6 months after date of manufacturethereof, to a person, firm or corporation whoseexclusive customary business is the exportationof such articles from the United States . .

(10) EFFECTIVE DA ZE.. This act shall take ef-fect July 1, 1937, and shall not apply to anyarticle manufactured prior thereto .,


134.39 Fraudulent knowledge of dis -patch injury to wires ; interference . Any per-son who shall, by any device or meanswhatever, procure or attempt to procure fromany officer or other person connected with or inthe business or management of any telegraphcompany transacting business within this state,any knowledge of the contents or substance ofany telegraph message or dispatch not ad-dressed to himself or to which he is not entitled,or who shall, without lawful authority, tamperor interfere with, use or in any manner inten-tionally, carelessly or negligently disturb or in-terrupt any telegraph wires or lines of any suchtelegraph company, or who shall intentionally,carelessly or negligently fell any tree or timberso as to break, destroy or injure any such tele-graph wires, without first giving 24 hours' no-tice of his intention to do so to some agent ofthe company at itss nearest office or to someagent of 'a railroad company at its nearest office,in case such wires are constructed along anyrailroad, or who shall, without the consent ofsuch company, send of attempt to send anymessage or dispatch over said wire or lines, inany manner, wwhatever, or shall intercept, inter-rupt or disturb any dispatch passing upon anysuch wires or lines, or who shall wilfully or ma-liciously interfere with, obstruct, prevent or, de-lay, by any means or contrivance whatsoever,the sending, transmission or receiving of anywireless telegraph message, communication orrepor t by any wireless telegraph company doingbusiness in thiss state, or who shall aid, agreewith, employ or conspire with anyy person or,persons to unlawfully interfere with, obstruct,prevent, or delay the sending, transmission orreceiving of any such wireless telegraph mes-sage, shal l be punished by imprisonment in thecounty jail not more than one year or by finenot exceeding $1,000 . .

134.40 Injury to wires by removal ofbuilding , etc. Any person having the right soto do who shall wilfully remove or change anybuilding or other structure or any timber,standing or fallen, to which any telegraph, tele-phone, electric railway, electric light or electricpower lines or wires are in any manner at-tached, or cause the same to be done, whichshall destroy, disturb or injure the wires, polesor other property of any telegraph, telephone,electric railway, electric light or electric powercompany transacting business in this state,without first giving to such company, at its of-fice nearest to such place of injury, at least 24hours' previous notice : thereof, shall be pun-ished by imprisonment in the countyy jail notmore than 30 days or by fine not exceeding $50 . .And any person who shall unlawfully break

134.41 Polesand wires on private prop -erty without owner 's consent. (1) No personnor any officer, agent, servant or employe ofany firm or corporation shall erect any pole orpoles outside of the limits of any highway,street or alley or attach any wire or cables toany tree, building or structure, or string or sus-pend any wire, wires or cables over any privateproperty without first obtaining the consent ofthe owner or agent of the owner, to erect suchpole or poles or to string such wire or wires, orthe consent of the owner or agent of the ownerof any building or structure to which such wire,wires or cables are attached ;; and any person'who shall fail to remove such pole, poles, wireor wires or to detach such wire, wires or cableswithin 10 days after such person, firm or corpo-ration has been served with a notice to remove,as hereinafter provided, shall be deemed guiltyof a misdemeanor and upon conviction thereofshall be fined in any sum not exceeding $25 ..

(2) Such notice to remove shall be in writingand shall be given by the owner or, agent of theowner of the land or of the building or structure,and shall contain a description of"the land uponwhich such pole or poles have been erected, orover which such wires have been strung or at-tached. Such notice to remove shall be served inthe manner prescribed for the service of a sum-mons upon such person, firm or corporation incourts of record .

134.45 Contracts restr i cting days forr ex-hibiting motion picture films; penalty . (1) Asused in this section the following : words andterms shall be construed as follows:

(a) "Person" shall include any natural person,partnership, copartnership, firm, unincorpo-rated association or corporation doingg businesswithin this state .

(b) "Public exhibition" .shall mean any exhibi-tion, performance or display which the publicmay see, view or attend for an admission price,fee or other valuable consideration .

(2) It shall be unlawful for any person to enterinto a contract, directly or indirectly, to sell,rent, lease, license, lend, distribute or barter amotion picture film for public exhibition withinthis statee upon the condition imposedd by theseller, vendor, renter, lessor, licensor or distribu-

2221 MISCELLANEOUS TRADE REGULATIONS 134.45

down, interrupt or remove any telegraph, tele-phone, electric railway, electric light or electricpower line or wire or destroy, disturb, interferewith or injure the wires, poles or other propertyof any telegraph, telephone,, electric railway,electric light or electr i c power company in thisstate shall be punished by imprisonment in thecounty , jail not more than 3 months or by finenot exceeding $100 .


134 .45 MISCELLANEOUS TRADE REGULATIONS 2222

low, aid, or, abet in the shipment of chickensconfined in coops unless such coops are at least13 inches in height on the inside and are cov-ered at the top by wires or slats not more thanone inch apart or by wire screening with meshesof not more than one inch . .

(2) It shall be unlawful for any person, hisagent or servant or for any common carrier orthe agent or servant of such common carrier toso crowd or congest or to allow, aid or abet inthe crowding or congesting of chickens withinany coop in any shipment as to impair or endan-ger the well-being of such chickens during thecourse of transportation thereof; and any suchcrowding or congesting shall be deemed cruelty,

(3) Whenever any humane officer or' anypeace officer in this state ascertains or observesany shipment of chickens in a crowded or con-gested condition, such officer may take or causeto be taken such steps as to give immediate relief,

(4) Any person who shall violate the provi-sions of thiss section shall be deemed guilty of amisdemeanor and upon conviction thereof shallbe punished by a fine of not less than $10 normore than $50, or by imprisonment in thecounty jail not less than 10 days nor more than30 days ..

134.57 Detectives , settlement with em -ployes. Any employer and any person em-ployed to detect dishonesty on the part ofemployes, or fiduciary agents, on a commissionbasis or under a contract for a percentage of theamount recovered through or by reason of thedetective work done by such person, shall sub-mit the facts of the case and the settlementmade with such employe or fiduciary agent tothe circuit judge of the county wherein the dis-honest:act was committed, for approval or fur-ther proceedings, and the employe shall benotified of such hearing and shall have a rightto be heard. Any such person or employer whoshall not so submit' the facts and settlement asmade to such circuit judge for approval or fur-ther proceedings, shall be deemed guilty of amisdemeanor, and upon conviction shall befined not less than $100 nor more than $500, orimprisoned in the county jail not less than 3months nor more than one year

134 .58 Use of unauthorized persons asofficers. Any person who, for himself or asagent:, or-officer of any firm, joint-stock° com-pany or, corporation, shall use or employ or aidor assist in employing any body of armed mento act as militiamen, policemen or peace officersfor the protection of persons or property or forthe suppression of strikes, whether such armedmen bee employes of detective agencies, socalled, or otherwise, they not being authorized

for thatt such public exhibition thereof shall be-gin, occur or take place on a certain or specifiedday or days of the week..

(3) (a) Any person who violates any provisionof this section shall, upon conviction thereof, befined not less than $25 nor more than $300 forthe first offense, and shall be fined not less than$300 nor more than $500 for each separate sub-sequent offense .

(b) A domestic, or foreign corporation or for-eign associationn exercising any of the powers,franchises or- functions of a corporation in thisstate, violating any provision of this section,shall not have the right of, and shall be prohib-ited from doing business in this state, and thesecretary of state shall revoke its certificate to dobusiness in this state,

(4) When, upon complaint or otherwise, theattorney general or, district attorney has goodreason to believe that any provision of this sec-tion has been violated, he shall commence andprosecute the necessary actions in the supremecourt, or in the circuit courtt of the county inwhich the defendant resides, for.r enforcement of-thiss section . . Such actionss may include quo war-ranto, injunctionn or any other proceedings .

134 .50 . Poultry dealing regulations. (1) Itis unlawful for any poultry dealer to purchaseany live or dead poultry without registering an-nually with the county clerk.

(2) Every poultry dealer shall keep a record ofall purchases of poultry made by him showing indetail the place and date of purchase, the nameand address of the person from whom the pur-chase was made, together with a general descrip-tion of the kind of poultry purchased Suchrecord shall be kept in permanent form and beopen to inspection at all reasonable times to anydistrict attorney, assistant district attorney,sheriff, deputy sheriff or any police officer .

(3) Any poultry dealer, his servant or agent,violating any of' the provisions of this sectionshall, upon the first conviction, be punished bya fine of from $10 to $100 . Upon a second orsubsequent conviction by a fine of from $25 to$500 or be imprisoned in the county jail for notmore than 90 days ; or by both such fine andimprisonment . .

(4) Any person` selling poultry to a poultrydealer who gives falsely his name or address tosuch dealer, his agent or servant, shall be impris-oned in the county,,jail for not less than 30 daysnot, more than one year .

134 .52 Shipment of chickens . (1) It shallbe unlawful. for' any person, his agent or serv-ant, to ship, or for any common carrierr or theagent or servant of such common carrier to al-


by the laws of this state to act in such capacity, ment of natural resources and its deputies at allshall be punished by fine not exceeding $1,000 or reasonable hours . In making a shipment ofby imprisonment in the state prison not less than Christmas trees, by railroad or truck, suchone year nor more than 3 years,, or by both such dealer shall attach to the outside of each pack-fine and imprisonment, age,, box, bale or truckload or, carload so

shipped, a tag or label on which shall appear his134 .60 Christmas trees , cutting, traps- name and address and the, number of his li-portation , etc. No person shall cut for sale in cense . No common carrier, truckk hauler, or',its natural condition and untrimmed, with or' agent thereof, shall receive for shipment orwithout roots, any evergreen or coniferous tree, transportation any such trees, branches,branch, bough, bush, sapling or shrub, from the boughs, bushes ;, saplings or shrubs unless suchlands of another without the written consent of' tag .or label shall be attached thereto . . Any per-the owner, whether such land be publicly or son who violates any.y of the provisions of' thisprivately owned .. Such written consent shall subsection shall be guilty of a misdemeanor andcontain the legal description of the land where upon conviction shall be punished by a fine ofsuch tree, branch, bough, bush, sapling or not less than $10 nor more than $100, or bybyshrub was cut, as well as the name of the legal imprisonment in the county jail for a period of'owner- thereof; and such written consent or, a not less than 10 days nor more than 3 months,copy thereof" certified as a true copy by the per- or by both such fine and imprisonment . . Everyson to whom such consent was given or by the written consent for- any purpose specified in thisregister of deeds of'tlie county in which the land subsection and every certified copy of such con-is situated shall be carried by every person ; in sent shall be deemed to be a written instrument,charge of the cutting or removing any such and any person who shall sign any such writtentrees, branches, boughs, bushes, saplings or consent of certified copy who is not authorizedshrubs, and shall be exhibited to any officer of to do so, and any person who shall lendd orthe law, forest ranger, forest patrolman, consex- transfer or offerr to lend or transfer any suchvation warden, or other officer of the depart- written consent or certified copyy thereof to an-ment of natural resources at his request at any other` person who is, not entitled to use thetime, Any such officer shall have power to in- same, and any person not entitled to use anyspect any such trees, branches, boughs, bushes, such written consent or certified copy thereof,saplings or shrubs when being transported in of who shall borrow, receive or solicit from an-any vehicle or other means of conveyance or by other' any such written consent or certified copycommon carrier-, and to make such investiga- thereof shall be guilty of 'a misdemeanor andtrop with reference thereto as may be necessary upon conviction shall be punished by a fine ofto determine whether or not the provisions of not less than $100 nor more than $500, or' bythis subsection have been complied with ; and to imprisonment in the county jail for a period ofstop any vehicle or means of conveyance found not less than 3 months nor more than 6 months,carrying any trees, branches, boughs, bushes, or by both such fine and imprison ment. Thesaplings or shrubs upon any public highway of provisions of this subsection, other than the re-this state, for the purpose of making such in- quirement that no person shall cut of removespection and investigation, and to seize and trees, branches, boughs, bushes 'or shrubs fromhold, subject to the order of the court, any such the lands of another without his written con-trees, bushes, saplings or shrubs found being sent, shall in no way modify or nullify s . 94,60cut, removed or, transported in violation of this relating : to the inspection and sale of nurserysubsection No person-shall . ship or transport stock .,any such trees, branches, boughs, bushes, ., sap-lings or shrubs outside the county where thesame were cut unless he shall first have ob-tained from the department of ' natural resourcesa license as a Christmas tree dealer. The annualfee for such license shall be $5 . Such dealershall not purchase or receive any Christmastrees from any one until such vendor shall havegiven the dealer either a statement in writingthat the trees were cut from his own lands orhas filed with such dealer written consents fromthe owners of the lands from which such treeswere cut . . Such statements and consents shall bekept by the dealer for not less than 6 monthsand shall be open to inspection by the depart-

134 .65 Cigarette retailer license . (1) Noperson shall in any manner, or upon any pre-tense, or by any device, directly or indirectlysell, expose for, sale, possess with intent to sell,exchange, barter', dispose of or give away anycigarettes to any person not holding a license asherein provided or a permit under ss . 139.30 to139.41 without first obtaining a license from theclerk of" the city, village or town wherein suchprivilege is sought to be exercised .

(2) Upon fi ling of a proper written applicationsuch licenses shall be issued on July 1 of eachyear or when applied for and continue in forceuntil the following June 30 unless sooner re-

2223 MISCELLANEOUS TRADE REGULATIONS 134 .65


any other known pesticide, the pesticide reviewboard may authorize the use of DDT in control-ling the epidemic upon a finding that:

1 A serious epidemic disease of humans oranimals exists;

2.. The disease is likely to spread rapidly unlessinsects, which spread -the disease are controlled ;and

3 . The only effective means of control is DDT, .(b) In the event of the outbreak of a plant

disease of epidemic proportions which threatensa significant portion of the affected crop andwhich is caused or spread by an insect which itis known can be controlled by DDT but cannotbe adequately controlled by any other knownpesticide, the pesticide review board may au-thorize the use of DDT in controlling the epi-demic upon a finding that :

1 . An epidemic plant disease exists ;2, The disease threatens a significant portion

of the affected crop ;; and3 The only effective means of control is DDT. .(c) The pesticide review board also may au-

thorize the use of DDT or, its isomers or metabo-lites for specified research : by educationalinstitutions if it finds that no ecologically signifi-cant residues of DDT or its isomers or metabo-lites will be allowed to .escape into theeenvironment .

134 .71 Liability of the rec i pient of an un-solicited credit card . When after February25, 1970, a credit, card, as defined under s .943 ;.41 (2), except a credit card issued by a tele-phone company as defined under s . 76.3& (1)(b); and a credit card issued as a renewal, re-placement or substitute for a previously heldcredit card of the same issuer, is issued to aperson. without a written application unless theprevious holder had legally used the card on lor more occasions in theprevious 12 months,he shall not be liable for any charges until hehas accepted the card by using it or personallyauthorizing its use.


yoked . : The fee for such license shall be $5 whichshall be paid to the city, village or town treasurerbeforee the license is issued .'(3) Each such license shall name the licensee

and specifically describe the premises wheresuch business is to be conducted . . Such licensesshall not be transferable from one person to an-other , nor from one premises to another ,.

(4) Every licensed retailer shall keep completeand accurate records of all purchases and re-ceipts of cigarettes . . Such records shall be pre-served on the licensed premises for, 2 years insuch a manner, as to insure permanency and ac-cessibility for inspection and shall be subject toinspection at all reasonable hours by authorizedstate and local law enforcement officials .

(5) Any person violating this section shall befined not more than $100 nor less than $25 forthe first offense and not more than $200 nor, lessthan $25 for the 2nd or subsequent offense.. Ifupon such 2nd or ' subsequent violation, the per-son so violating this section was personallyguilty of a failure to exercise due care to preventviolation thereof, he shall be fined not more than$300 nor' less than $25 or imprisoned not exceed-ing 60 days or both .. Conviction shall immedi-ately terminate the license of the personconvicted of being personally guilty of such fail-ure' to exercise due care and such person shallnot be entitled to another license hereunder fora period of 5 years tHereafter ; 'nor shall he in thatperiod act as the servant or agent of a personlicensed heieundex forr the performance of theacts authorized by such license.

134.67 `Distribution and sale of DDTT pro-hibited. No person shall distribute, sell, offerfor sale or use the chemical compound DDT(dichlorodiphenyltrichlorenthane) or any of itsisomers except as provided in this section . Insubs: .:. (1) and (2) "DDT" includes compoundsisomer ic with DDT. ' .

(2) (a) In the event of the outbreak of an epi-demic diseasee of humans or animals spread' byinsects which it is known can be controlled byDDT but cannot be adequately controlled by

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