Page:Federal Reporter, 1st Series, Volume 2.djvu/225

 218 FEDERAL REPORTBR �impressed upon certain divers prints of small balloons, with printing for embroidery and cutting Unes, to the number of 34 of said balloons, and for which said defendants had net ob- tained a copyright, and which had not and have not been copy- righted, the foUowing words: 'Copyrighted 1878, by Drey- f uss & Sachs, No. 7577,' and against the form of the statute, and with intent to deceive the public and evade the statute, whereby and by virtue of the statute the said defendants have f orf eited and become liable to pay to -the plaintiff the sum of $3,400 penalties, etc.; being $100 for each of said 34 viola- tions aforesaid of said statute," etc. Then foUows an aver- ment of a demand and refusai, and prayer for judgment in the sum of $3,400. �The second complaint is in similar form, for impressing or causing to be impressed the same words on "prints of large balloons, with printing on them for embroidery and cutting lines," to the number of 95 "of said balloons," and prays judg- ment in $9,500 penalties. �The third complaint is in six counts, each of which is in similar form, for a penalty of $100, for impressing said words on "a certain print of large balloon, with printing thereon for cutting lines," and prays judgment for $600 penalties. �The fourth complaint is similar in form, charging the im- pression of the same words upon "prints of hanging baskets, with printing for embroidery and cutting lines," to the num- ber of six of "said hanging baskets," and prays judgment for $(500 penalties. �To the first, second and fourth complaints, and to each count in the third complaint, the defendant has demurred on the ground "that it does not state facts sufficient to constitute a cause of action." �Upon the argument of the demurrers the defendant has contended that an informer is entitled to recover but one penal- ty, of $100, for ail violations of law prior to the commencement of his suit ; and, also, that Rev. St. § 4963, is unconstitutional. It is unnecessary, however, to determine these questions as the demurrers must be sustaîned on another ground. ����