Military Code (L. 1898, ch. 212), § 165.

reward that persons under similar circumstances receive from the United States, and in case of any wound, injury, or disease causing death, then the widow or minor children of such member of the militia, shall receive such pension and reward, from the time of receiving the injuries on account of which such pension or reward is allowed. No officer or enlisted man shall be entitled, while in active service, to make application for a pension. (Amended by L. 1903, ch. 75, in effect March 25, 1903.)

§ 165. Pay and care when injured or disabled in service.A member of the national guard or naval militia who shall, when on duty or assembled therefor, in case of riot, tumult, breach of the peace, insurrection or invasion, or whenever ordered by the governor, commanding officer of the national guard, or the commanding officer of the naval militia, or called in aid of the civil authorities, receive any injury, or incur or contract any disability or disease, by reason of such duty or assembly therefor, or who shall without fault or neglect on his part be wounded or disabled while performing any lawfully ordered duty, which shall temporarily incapacitate him from pursuing his usual business or occupation, shall, during the period of such incapacity, receive the pay provided by this chapter and actual necessary expenses for care and medical attendance. All claims arising under this section shall be inquired into by a medical examiner or by a board of three officers, at least one being a medical officer, to be appointed by the adjutant-general, upon the application of the member claiming to be so incapacitated. Such medical examiner or board shall have the same power to take evidence, administer oaths, issue subpoenas and compel witnesses to attend and testify and produce books and papers, and punish their failure to do so, as is possessed by a general court martial. The findings of the medical examiner or board shall be subject to the approval of the adjutant-general, who may return the proceedings of the medical examiner or board for revision and for taking further testimony. The amount found due such member by said medical examiner or board to the extent that the findings are approved by the adjutant-general, shall be a charge against and be paid in the manner provided by this chapter, by the county in which such duty was rendered, in every case where a county is by this chapter made liable to pay for the performance of military duty. In all other cases such sums shall be paid by this state, in like manner as other military accounts are paid. (Amended by L. 1903, ch. 75, in effect March 25, 1903.)

Pensions to guardsmen (L. 1904, ch. 529), § 1.

§ 167. Appeals and re-hearing. The adjutant-general may disapprove the report of any medical examiner or board appointed under the provisions of this article, and determine the claim made upon the merits. He may upon the application of any claimant

made within six months after the service of notice on such claimant, or his attorney, of the disapproval or disallowance of his claim or any part thereof, re-open said claim and order a re-hearing before another medical examiner or board. A person making a claim under the provisions of this article may appeal to the adjutantgeneral from the decision or finding of any medical examiner or board within six months after notice of such decision or finding shall be served on him or his attorney, and the adjutant-general shall hear and determine such appeal on the merits and may take testimony in the same manner as upon an original application and may approve, disapprove or modify the findings and decision of any medical examiner or board. (Added by L. 1903, ch. 75, in effect March 25, 1903.)

§ 168. Interest on military funds in the hands of the chamberlain of the city of New York or the several county treasurers of the state. Any moneys which may have accrued, or which may hereafter accrue, and be on deposit with the chamberlain of the city of New York, or with the treasurer of any county, as interest upon moneys constituting the military funds of the state, or of military organizations located in the respective counties, shall be subject to the draft of the adjutant-general, for the use, and to be applied to the benefit, of the national guard of the state. (Added by L. 1903, ch. 271, and amended by L. 1904, ch. 310, in effect April 16, 1904.)

(2) Pensions to guardsmen.

L. 1904, ch. 529. An act to authorize the adjutant-general of the state to hear and determine the application of certain mothers of national guardsmen killed while on duty as such, to be placed upon the roll of invalid pensioners of this state and to place them upon such roll. [In effect April 29, 1904.]

Section 1. The adjutant-general is hereby authorized and empowered, in his discretion, to place upon the roll of invalid pensioners of this state the mothers of such members of the national guard of this state as were killed in eighteen hundred and ninetyseven while on duty at the state camp of instruction.

Appointment of reporter (L. 1892, ch. 598), § 1.

§ 2. When so placed upon the roll of invalid pensioners of this state any such mother shall receive such pension and reward as in his judgment after examination into the facts the adjutantgeneral shall deem equitable for a dependent mother to receive not exceeding the sum of twelve dollars per month, to date from time of allowance of such pension. Such pension or reward shall be paid in the manner and from the same funds that the pensions of the other persons upon the roll of invalid pensioners of this state are paid.

MILK.

See Agriculture.

MILK CANS.

See Domestic Commerce.

MISCELLANEOUS REPORTS.

L. 1892, ch. 598, § 1 (C. & G. General Laws, p. 2437), amended by L. 1903, ch. 496, in effect May 9, 1903, as follows:

§ 1. Appointment of miscellaneous reporter. The governor shall appoint a member of the bar to be known as the miscellaneous reporter, who shall hold office for five years from the first day of July, eighteen hundred and ninety-two, and until his successor shall be appointed in like manner, whose duty it shall be to report every opinion involving a question of law, concurred in by a majority of the appellate term of the supreme court, and of the surrogates' courts, and such other opinions as the public interest in his judg ment require, in causes decided in any court of record of this state, other than the appellate divisions of the supreme court and in the court of appeals, and it shall be the duty of every judge of the said courts of record herein named, and of every surrogate, to furnish a copy of any such opinion written by him, on request of the reporter without charge. Each counsel who shall argue or submit a cause in the appellate term of the supreme court shall deliver to the clerk of the court a duplicate of each paper furnished for the use of the court, and it shall be the duty of such clerk immediately after the adjournment of the term, to transmit the same to the miscellaneous reporter, or his representative, together with a certified copy of all the decisions rendered at such term, and

Contracts creating monopolies are void (L. 1899, ch. 690), § 1.

each of the judges sitting in the appellate term of the supreme court shall furnish the miscellaneous reporter, or his representative, with the original opinions filed by him at any such term, or true copies thereof, without charge. (Amended by L. 1903, ch. 496, in effect May 9, 1903.)

MONOPOLIES.

L. 1899, ch. 690, § 1. Contract creating monopoly illegal and void. (C. & G. Gen. Laws, p. 2440.)

Constitutionality. This act does not infringe upon personal liberty without due process of law and does not come within the express or implied prohibition of the state or federal Constitutions; the act does not impose non-judicial duties upon judicial officers and its constitutionality cannot be successfully attacked on that ground. Matter of Davies, 168 N. Y. 89.

Act deemed continuation of former acts. It was held in the above case that a proceeding against an alleged unlawful combination under the authority of this act is not too late because the combination had the statute was passed, since the act is a substantial re-enactment of been formed before the proceeding was commenced and even before the earlier statute, and according to the statutory construction law must be construed as a continuation thereof, and as it aims to prevent the consummation and maintenance of unlawful combinations it reaches those already formed, those which are still maintained and those in the process of consummation. Ib.

Sale of proprietary medicines. An agreement between the manufacturers of proprietary medicines and an association of wholesale dealers in such articles to sell their goods at a uniform jobbing price for fixed quantities to such dealers only as would conform to the manufacturers' price list in making sales of goods, does not establish a monopoly on the part of the members of the association, where all wholesale dealers have the right to purchase goods from the manufacturers upon the same terms as the members of the association, upon undertaking to maintain the prices established by the manufacturers. Park & Sons Co. v. Nat. Wholesale Druggists Assoc., 175 N. Y. 1, affirming 54 App. Div. 223, 64 N. Y. Supp. 276, 66 N. Y. Supp. 615.

Sale of uncopyrighted books. An agreement between publishers restricting the sale of books uncopyrighted as well as copyrighted, to those booksellers agreeing to sell at retail at net prices, is, so far at least as it pertains to the sale of uncopyrighted books, an unlawful restriction of trade and an attempt to interfere with the free pursuit in this state of a lawful business. Strauss v. American Publishers' Assn., 177 N. Y. 473, affirming 85 App. Div. 446, 83 N. Y. Supp. 271.

L. 1902, ch. 536. An act for the erection of a monument of the late President William McKinley, in the city of Buffalo, New York, and making an appropriation therefor. [In effect April 11, 1902.]

§ 1. Board; acquisition of site. The governor shall, by and with the advice and consent of the senate, appoint a board of five members, two of whom shall be citizens residing in the city of Buffalo, one of whom shall be designated by the governor as the president of the board, and the other three members shall be residents and citizens of the state of New York. The board is authorized and empowered to contract for and to procure the erection of a monument to our late President William McKinley, on Niagara square in the city of Buffalo, New York, provided such site on Niagara square in said city of Buffalo, shall be deeded by the said city of Buffalo to the state of New York, and title to said property shall forever remain in the state. Such monument shall be and remain the property of the state.

The board upon

§ 2. Executive officer; expenses of board. its organization may appoint a chief executive officer, and a secretary who shall serve without compensation. The other members of such board shall serve without compensation, but all the members of such board shall receive their actual and necessary expenses while in the actual discharge of their duties. The chief executive officer and the secretary shall be subject to the directions of the board, and shall perform such duties as it shall prescribe.