infectious or contagious disease, he shall after first making and filing in the public records of his office a written order stating the reason therefor, at once and without further notice order the removal and destruction of such mattresses, pillows, cushions, muff beds, down quilts or bags, or of the materials intended for the manufacturer of such mattresses, pillows, cushions, muff beds, down quilts or bags, and affix to such mattresses, pillows, cushions, muff beds, down quilts or bags or materials, labels or conspicuous sign bearing the word "unclean" * The law should be construed fairly with full consideration of the benefits which are sought to be conferred. It is clear from a reading of the statute that it is intended to prevent fraud and the deceiving of purchasers of mattresses made from dangerous or objectionable materials. But I am of the opinion that the Legislature has not attempted to control the officials of hospitals in providing for the renovation of their own mattresses. This is a practice which in a hospital must necessarily be followed at frequent intervals and it would be a great hardship to impose upon such institutions, largely charitable, the necessity of purchasing new mattresses where renovated mattresses would be as satisfactory. The Legislature has not imposed this burden upon such institutions. The provisions of the Public Health Law and the provisions of other laws relating to the inspection of factories are sufficient to prevent the introduction of contagious disease into a factory by the presence therein of mattresses. The Legislature evidently attempted to prevent the sale or exchange of such goods to persons ignorant of their origin. The law further provides: Section 392-a. Marking mattresses. * Upon each such mattress, pillow, cushion, muff bed, down quilt, or bag there shall be securely fixed a banneret, paper or cloth tag which, if attached to the article itself, shall be sewed thereon upon which there shall be legibly printed in the English language a statement of the kind of material used in the manufacture of such mattress, pillow, cushion, muff bed or down quilt, and, if the material used in such mattress, pillow, cushion, muff bed or down quilt has been previously used in the manufacture of such articles, or about the person, it shall be branded second-hand. If such mattress, pillow, cushion, muff bed, quilt or bag be enclosed in a bale, box or crate, the receptacle shall bear a tag stating that the contents of the package is branded or labeled as required by this section. * * * I think it is clear this portion of the statute means that first of all the kind of material used shall be marked on the tag. Secondly, on the same tag there shall be marked the words "second hand," if such materials are used. The tags submitted containing only the words "All New Materials Used " are therefore objectionable because the description is insufficient. So far as mattresses renovated for a hospital are concerned, however, the law does not apply at all. The statute, as I attempted to show above, does not restrict such renovation and it follows therefore that the clause relative to tagging does not apply. Dated December 5, 1913. To HON. JAMES M. LYNCH, Commissioner of Labor, Albany, N. Y. THOMAS CARMODY, Attorney-General. IMMIGRANT LABOR. Right of Foreign Lawyers or Notaries to Practice in This State. INQUIRY. The Bureau of Industries and Immigration of the Department of Labor has submitted to me copies of advertisements used in this State by foreign lawyers and notaries public whose authority to so act was received under the laws of foreign countries, and has asked my opinion as to whether such advertisements are in violation of sections 270 and 1820-a of the Penal Law. The bureau has also submitted for my opinion two questions as follows: 1. Can a man, who has been admitted to practice in Austria, Poland or in any foreign country legally advertise in a foreign paper as a Polish lawyer, Austrian lawyer or use similar terms upon the window of his office or upon any sign, stationery or circular? 2. Is it legal for a man who has been a duly authorized notary public under the laws of a foreign country to advertise or use the term "Notaio pubblico" on the door or window of his office, or upon the sign, stationery or circular? The position of a notary public in foreign countries is very high, and foreigners who read the advertisement and have any dealings with him place great confidence in him, and in his powers? OPINION. In answer to the first inquiry, I call your attention to said section 270 of the Penal Law, which, so far as material, provides as follows: It shall be unlawful for any person to * * * make it a business to practice as an attorney at law, or as an attorney and counselor at law for another in any of said courts, or to hold himself out to the public as being entitled to practice law as aforesaid, or in any other manner, or to assume to be an attorney or counselor at law, or to assume, use, or advertise the title of lawyer, or attorney and counselor at law, or attorney at law, or counselor, or attorney and counselor, or equivalent terms in any language, in such manner as to convey the impression that he is a legal practitioner of law or in any manner to advertise that he either alone or together with any other persons or person, has, owns, conducts or maintains a law office or law and collection office, or office of any kind for the practice of law, without having first been duly and regularly licensed and admitted to practice law in the courts of record of this State. I have examined the advertisements mentioned above and am of the opinion that standing alone, with the possible exception of that of John H. Radziwill, lawyer, which it appears has been passed upon by the district attorney of the county of New York and the attorney for the Grievance Committee of the New York County Lawyers' Association, and determined by them not to be in violation of the provisions of said section 270 of the Penal Law, as to which determination I have some doubt, they do not constitute a violation of the provisions of this section. Whether a person not admitted to so practice is holding himself out to be a lawyer qualified to practice in the courts of this State can only be determined from the facts and circumstances of each particular case. No general rule to govern all cases can be formulated. While there is no express provision of law forbidding a lawyer admitted to practice in a foreign country from advertising that fact here, yet if such advertisement actually conveys to the public the impression that he is authorized to practice in this State, it is in violation of the provisions of law quoted above. Not only must the advertisement itself be considered, but its actual effect upon the public. The answer to the second inquiry is contained in the construction to be placed upon such section 1820-a of the Penal Law, being chapter 471 of the Laws of 1910, and which provides as follows: § 1820-a. Subd. 1. Any person who holds himself out to the public as being entitled to act as a notary public or commissioner of deeds, or who assumes, uses or advertises the title of notary public or commissioner of deeds, or equivalent terms in any language, in such a manner as to convey the impression that he is a notary public or commissioner of deeds without having first been appointed as notary public or commissioner of deeds, who in the exercise of the powers or in the performance of the duties of such office shall practice any fraud or deceit, the punishment for which is not otherwise provided for by this act, shall be guilty of a misdemeanor. Here the same difficulty arises in endeavoring to formulate a general rule applicable to all cases, and I can only say as stated in answer to the first question, that whether the advertisement complained of constitutes a violation of the section depends upon the facts and circumstances of each particular case. The language of the statute is, "who assumes, uses or advertises the title of notary public in such a manner as to convey the impression * * that he is a notary public." دو The mere use of the words "Notaio pubblico by a person authorized to act as such in a foreign country, would not of itself, in my opinion, constitute a violation of the provisions of said section, but if such words are so used that they actually convey to the public the impression that said person is a notary public under the laws of this State, the use of such words would constitute a violation of the section quoted. What the actual effect of such an advertisement is, cannot, of course, be determined by me. I beg to call your attention to Article X of the General Business Law as amended by chapter 349 of the Laws of 1910, regulating the sale of steamship tickets which so far as material provides as follows: § 153. Penalties for conducting business without license, et cetera. Any person, firm or corporation carrying on the business specified in this article, without having obtained from the comptroller a license therefor, or who shall carry on such business after the revocation of a license to carry on such business, shall be guilty of a misdemeanor. Several of the advertisements mentioned above refer to the sale of steamship tickets, and I have been informed by the State Comptroller that no license to engage in such business pursuant to the provisions of said Article X of the Business Law has ever been applied for or issued to L. Klarer, 121 Norfolk street, New York City; the American-European Steamship Company, 121 Norfolk street, New York City; European-American Shipping Company, 106 Ludlow street, New York City; Adolph Weizer, or Austrian PolishRussian Office of Ancient Times, 106 Ludlow street, New York City. It would seem therefore that the above-named persons and concerns are violating the provisions of said section quoted above and the attention of the proper authorities should be called to this fact. The license of David Klarer, doing business as the European-American Steamship Company, issued pursuant to said law, was revoked on November 27, 1912, and if said David Klarer still carries on the business of the sale of steamship tickets he is clearly violating the provisions of said law. As to your inquiry in reference to proposed amendments, it occurs to me that said sections 270 and 1820-a of the Penal Law might be amended so as to require such a person so admitted to practice law, or act as notary public, in foreign countries, to state in any advertisement of his business such facts in reference thereto as will clearly apprise the public of the nature thereof. Dated January 24, 1913. THOMAS CARMODY, Attorney-General. TO EDWARD S. BROGANS, Esq., Acting Counsel, Bureau of Industries and Immigration, Department of Labor, 95 Madison avenue, New York City. INDEX OF THE LABOR LAWS† ACCIDENTS: first aid for, in foundries... notice of, in actions for compensation for injuries. railroad, investigation of reporting of, in building work. in factories in mines, quarries and tunnels. Advertisements, false or misleading, of employment agencies. Affidavits may be taken by Commissioner of Labor. by subordinates in the Department..... Age, evidence of, for employment certificate in factories. in mercantile establishments. Agricultural labor, statistics of. Agricultural schools, establishment of. State aid to Air brakes on railroads Air gauges in tunnel work. Air locks in caissons, pressure in. Air pipes in caisson work Air pressure in caisson work Air space per person, in factories. in tenement workrooms Aliens, investigation and protection of. prohibition of, on public work... PAGE 64 107 176 19 57 78 221 22 22 33 96 171 187 190 189 175 77 80 82 79 56 67 90 15 Animals in bakeries, prohibited.. 72 Apprentices, duty of Commissioner of Labor relative to. Attachment, exemption of mechanics' wages, tools, etc., from.. 141 Attendance officers, enforcement by, of law concerning children in street trades. 116 |