plan for the apportionment of representation in | body in American politics. - II. The State Confuture conventions by district representation and vention. State conventions have been held since upon the party vote. Twice in a republican | convention the candidate has been decided by the vote of territorial delegates, whose votes carried R. B. Hayes in 1876, and J. A. Garfield in 1880, across the majority line. The national committee, in whose meetings written proxies are by usage allowed, besides issuing the call, decides the provisional roll of the convention pending organization, and passes in this way upon contests, provides the temporary organization, and has charge of the approaches to the convention-three most important prerogatives. In republican conventions the adoption of a platform precedes the choice of a candidate; in democratic conventions it succeeds the nomination. In both, while the term "ballot" is used, the voting for candidates is viva voce, the “chairman" of each delegation announcing the numerical vote of his state. If this is questioned in a republican convention, the roll of the convention can be called by the secretary of the convention. In democratic conventions it is the rule, not without exceptions, to treat the action of a delegation as final; and a majority of one, if the delegation be instructed to vote as a unit, is permitted to direct the entire vote of the largest state. The theory of the republican convention is, that the delegates standing for congressional districts are chosen by those districts, either directly by conventions in them or by the delegates from those districts to the state convention, acting as a separate group; the state convention merely certifying this result, the selection and control of the state convention being limited to the four delegates-at-large apportioned by each state. This theory was questioned by the supporters of exPresident Grant's nomination in 1880; but the convention established district representation as the common law of the party. The democratic national convention is, on the other hand, organized upon the theory that the entire state delegation is appointed and controlled by the state convention, which acts for the party in the state as a whole. Its instructions are therefore mandatory, and are so recognized by the party convention. In both parties the call for the national convention is followed by a call issued by each state committee for a state convention, to choose delegates. In New England, and in some of the western states, each district chooses its pair of delegates, and the state convention chooses the state delegates-at-large; but in a majority of states the work is done at a single convention, the delegates from each district presenting their choice, and the convention passing on the entire list. Inflexible usage requires residence, within a state or district, of their delegates, who are in general a picked body of most able men, averaging above the level of congressmen. The importance of the issue, the size and character of the assemblage, the immense throng of spectators, and the rapidity of its decisions, make a national convention the most imposing and interesting the war by each party before every general election, for the nomination of state candidates and the adoption of a platform, and, as above stated, once in four years, to choose delegates to a national convention. The call is in all cases issued by the state central committee, originating with the previous convention. . The powers of a state committee over the preliminaries of a state convention are like those described above in national affairs. In addition, in New York state, the state committee names the committee which reports a permanent organization. The guard of a state committee over the hall in which a regular convention sits is sometimes insufficient to prevent its forcible capture, as in the New York democratic convention in 1859, and the Massachusetts democratic convention in 1878. The control of a state committee will not convert a minority in a convention into a majority; but it is invaluable in enabling a small and brittle majority to carry out the wishes of skillful leaders by giving it a definite course to pursue. The apportionment of delegates to a state convention is still, in a majority of the states, upon the basis of the lower branch of the state legislature; but in many states, as in Pennsylvania, New Jersey, Massachusetts, Ohio, Illinois, etc., in both parties, and in New York and most other states, in the republican party, an apportiohment is based upon the last party vote. The size of state conventions varies from 1,200 to 1,400 in New Jersey to small bodies of between 100 and 200; the average being between 300 and 500. Substitutes are always permitted; and as late as 1883 the state democratic convention in Ohio contained county delegations on the "mass system," a large number of voters coming en masse from a county and casting its apportioned vote in the convention. - III. Local Party Government. The county convention in rural districts consists of delegates from the towns, and is, in its county committee and general working, a miniature of the state party machinery, and needs no special description. Conventions and committees exist, likewise, for congressional districts, and while conventions meet for every possible nomination, a standing committee is infrequently appointed by these bodies. A sketch of local party machinery in New York city is given in the article on CAUCUS. Primaries for the purpose of providing permanent party machinery, aside from those held to select delegates to nominating conventions, are also held by the republican party in Philadelphia, and by the democratic party in Jersey City, N. J., and in Albany, N. Y., in each case leading to the corrupt control of party machinery, while a party democratic registry exists in South Carolina. In addition to the network of districts thrown over an American city, Philadelphia and New York are, for instance, divided into congressional, state, senatorial and representative, aldermanic and judicial districts, besides electing county and city officers. Taking both parties together, from | tersigned by the commissioner. The number of fifty to sixty conventions are held in each of these cities on the eve of an important election. None but professional politicians are able either to understand or follow this complicated mill for grinding out candidates, and a permanent local organization relieves the busy citizen of all concern in the matter by providing him with a choice between two equally bad nominations. As a result, the final evolution of party government in the United States has been the appearance in city politics of self-appointed committees, of which the Philadelphia "committee of 100" is a most conspicuous instance, made up of leading merchants who have assumed political control, “indorsing" party nominations, furnishing tickets and workers at the polls, prosecuting repeaters, conducting long investigations into city offices, and securing the passage of needed legislation. The downfall of Tweed was in great measure due to such a committee, the 'committee of 70," and the appearance in American politics of such committees has so far uniformly been for good. They are in general accepted as more closely expressing the popular will than city conventions, and in time such committees are likely to play a wider part. Simple as American party government appears in this outline, it must be remembered that it places the voter at many removes from the exercise of power. In dealing with a presidential nomination, the voter, for instance, shares in choosing delegates to a ward convention, which chooses delegates to a city or county convention, which sends delegates to a state convention, which names the delegates who name the candidate. The surprise is, that the popular will is felt at all through these removes, no one of which has the guarantee of law save the first in some states, and the action of nominating conventions in Ohio, where bribery in such conventions is made a crime. TALCOTT WILLIAMS. PARTY NAMES IN U. S. HISTORY. (See AMERICAN PARTY, ANTI-FEDERAL PARTY, ANTIMASONIC PARTY, CONSTITUTIONAL UNION PARTY, DEMOCRATIC-REPUBLICAN PARTY, FEDERAL PARTY, GREENBACK-LABOR PARTY, LIBERAL-REPUBLICAN PARTY, REPUBLICAN PARTY, WHIG PARTY.) PATENT OFFICE. Although the issue of American patents is nearly coeval with the government of the United States, the first creation of the patent office, with a commissioner of patents, dates from the year 1836. Prior to that date patents were issued directly by the department of state. By act of July 4, 1836, an office denominated the patent office was created, to be attached to the department of state, and a fire-proof building for its use was provided for. The chief officer, styled the commissioner of patents, was required to perform all acts touching the granting of patents for new and useful inventions, with a salary of $3,000, and seven clerks. Patents were to be signed by the secretary of state, and coun patents issued in the earlier years was very small, varying, from 1837 to 1847, from about 400 to 600 per annum; but since 1865 the business has enormously increased, until now the number of patents annually issued is about 16,000, with fees (averaging $35 for each patent) amounting to about $800,000 per annum. The patent office is not only self-supporting, the fees paying all running expenses, with the salaries of some 350 clerks, but it actually pays into the treasury of the United States an annual surplus of about $200,000. It has been urged with some force, that the inventors of the country should not be taxed beyond the actual cost of administering the business connected with the registry of patents, and that a large reduction of patent fees ought in equity to be made. By the act of 1836 patents were granted for fourteen years, with the right of extension for seven years longer, at the discretion of the commissioner of patents. In 1861 the law now in force was enacted, making the term of original patents seventeen years; and no extension for patents granted since March 2, 1861, is allowed except by special act of congress. A very few patents have been thus renewed, and many more have been asked for, upon the plea of insufficient remuneration to their owners. The last patents extendable by the patent office expired in 1875. — The commissioner of patents is appointed by the president and seuate for no definite term of office, with a salary of $4,500. He is aided by an assistant commissioner (salary, $3,000) three examinersin-chief (salary, $3,000 each), one examiner of interferences (salary, $2,500) and twenty-five examiners (salary, $2,400 each), each of the twentyfive having charge of one of the following distinct classes of inventions: 1, agriculture; 2, agricultural products; 3, metallurgy, brewing and gas; 4, civil engineering; 5, fine arts; 6, chemistry; 7, harvesters; 8, household; 9, hydraulics and pneu-* matics; 10, carriages, wagons and cars; 11, leatherworking machinery and products; 12, mechanical engineering; 13, metal-working, class A; 14, metalworking, class B; 15, plastics; 16, philosophical; 17, printing and paper manufacturing; 18, steam engineering; 19, calorifics, stoves and lamps; 20, builders' hardware, locks and surgery; 21, fabrics and textile machinery; 22, fire-arms, navigation, signals and wood-working; 23, trade marks and labels; 24, designs and sewing machines; 25, milling. Besides these, there are about 300 assistant examiners, clerks, messengers, etc., the annual salaries of the office reaching $537,000 per annum. The commissioner of patents is required to make an annual report of the business of the office, with a list of patents issued during the year. This valuable series of reports began with 1837, and for a series of years included a report upon arts and manufactures and upon agriculture in one annual volume. With the year 1849 began the issue of the agricultural report in a separate volume, which was continued until 1861, after which the commissioner of patents no longer 10. 11. 12. May March 28, 1861 7. William D. Bishop.. 8. Philip F. Thomas. Feb. 9. David P. Holloway Thomas C. Theaker. Elisha Foote. Samuel S. Fisher.. John M. Thacher 15. R. Holland Duell 16. Ellis Spear.... 17. Halbert E. Paine. 14. issued an agricultural report, the department of 7, 1859 15, 1860 PATENTS, AND THE PATENT SYSTEM. The patent system has assumed during the nineteenth century an important office in the economy of modern industrial communities. Its development is closely interwoven with the phenomenal material progress and the immense extension of applied science which distinguish that period. Especially has this system been identified with the extraordinary development of the physical resources of the United States. The patent laws have been extended and improved to meet or anticipate the wants of the growing nation, and now, in its more modern form, the patent system may almost be said to be a peculiarly American institution. It is estimated that at present more than two-fifths of the world's important inventions originate in the United States. The records of our patent office are sought for and studied by the inventors and the scientists of every nation, and the wisdom of our advanced patent policy is almost universally admitted. Sir William Thomson said, in 1876: "If Europe does not amend its patent laws * * America will speedily become the nursery of important inventions for the world." No feature of our federal system has been proven of greater economic importance than the patent system. It will be treated, as fully as the limits of this article will permit, under the following heads: I. History of the System in England and America; II. The Existing American Patent Law, and the Procedure under it; III. The General Policy of a System of Patent Laws; IV. Changes in the Existing Law which would be desirable; V. Foreign Patent Laws. I. HISTORY. 1. In England. The origin of the patent system has been remotely traced to the guild monopolies which were a dominant feature of the urban industries of mediæval Europe. In its modern aspect and theory, however, the system bears no resemblance to the exclusive and grasping trades customs which brought the guilds into reproach; and it is generally conceded that the existing practice of letters patent for inventions is distinctively English in its origin. The form of the grant of a patent of invention can be directly traced to the exercise of the ancient prerogative of the English crown in its grants of exclusive privileges. The arbitrary and indiscriminate exercise of this prerogative resulted in the oppressive and galling monopolies which were abolished in the constitutional struggles of the seventeenth century. The grant of monopolies for inventions, on the other hand, seems always to have been regarded as just and constitutional. These were excepted from the sweeping prohibitions of the great statute of monopolies, enacted in 1624; and upon the provisos of that act there has been reared the modern English patent system, which in its essential features has been extended into nearly every civilized state. The earliest recorded exercise of the prerogative of the English crown, in a manner analogous to the grant of a patent, was the grant by Edward III. to two aldermen of a patent of privilege that they and their assigns should have the sole making of the philosopher's stone. Privileges of this nature, although rare at this early period, seem not to have been considered anomalous, for it is stated in a case reported in the Year Book, part iv., 40, Edw. III., fol. 17, 18, that arts and sciences which are for the public good are greatly favored in the law, and the king, as chief guardian of the common weal, has power and authority by his prerogative to grant many privileges, although prima facie they appear to be clearly against common right. On the other hand, the early popular and judicial disapproval of mere monopolies is shown by the fact, that about the end of the reign of Edward III., John Peechie, of London, was severely punished for procuring a license under the great seal for the exclusive sale of sweet wines in London. (3 Inst., 181.) Two centuries later, grants of patents, as well as of mere monopolies, had become less unusual. The reports of cases decided in the reign of Elizabeth contain dicta from which it appears, that, by the beginning of the seventeenth century, the English lawyers and judges had attained to something approaching the modern conception of patents. In the ninth year of Elizabeth a patent was granted to a Mr. Hastinges of the sole trade for several years of making frisadoes, in consideration that he had brought the method of making them from Amsterdam. This patent was considered valid until it was shown that some clothiers had, before its date, made baize of a similar material. (Noy Rep., 182.) In another case decided in this reign, a patent having been granted for the sole and only use of a sieve, or instrument for melting lead, it was said in the court of exchequer | chamber, that the question was, whether it was newly invented by the grantee, whereby he might have the privilege of exclusive power over it, or else used before, in which case they were of opinion that he should not have the sole use of it. (Noy Rep., 183.) But the strongest of these early cases is Darcy vs. Allein, decided 44 Elizabeth, which contains the following: "Where any man by his own charge or industry, or by his own wit or invention, brings any new trade into the realm, or any engine tending to the furtherance of a trade, that never was used before; and that for the good of the realm; in such cases the king may grant to him a monopoly patent for some reasonable time, until the subjects may learn the same, in consideration of the good that he doth bring, by his invention, to the commonwealth; otherwise not."-These cases contain the com mon law germs of our existing systems of patent law. In the next reign was passed (1624) the statute of monopolies, which seems to be the first statutory recognition of patents for inventions, as it is also the final parliamentary denunciation of mere monopolies. The proviso of this statute, which is still the foundation of English patent law, is as follows: "Provided also, and be it enacted, that any declaration before mentioned shall not extend to any letters patent and grants of privileges for the term of fourteen years or under, hereafter to be made, of the sole working and making of any manner of new manufacture within the realm, to the true and first inventor or inventors of such manufacture, which others at the time of making such letters patent shall not use, so as also they be not contrary to law, or hurtful of trade, or generally inconvenient.” This statute is regarded as merely declaratory of the common law, and the following essentials of a valid patent are enumerated by Sir Edward Coke in his "Institutes" : "First, it must be for the term of fourteen years or under. Secondly, it must be granted to the first and true inventor. Thirdly, it must be of such manufactures, which any other at the making of such letters patents did not use; for albeit it were newly invented, yet if any other did use it at the making of the letters patents, or grant of the priviledge, it is declared and enacted to be void by this act. Fourthly, the priviledge must not be contrary to law: such a priviledge as is consonant to law, must be substantially and essentially newly invented; but if the substance was in esse before, and a new addition thereunto, though that addition make the former more profitable, yet is it not a new manufacture in law; and so it was resolved in the exchequer chamber, Pasch, 15 Eliz., in Bircot's case for a priviledge concerning the preparing and melting, etc., of lead ore; for there it was said, that that was to put but a new button to an old coat; and it is much easier to adde then to invent. And there it was also resolved, that if the new manufacture be substantially invented according to law, yet no old manufacture in use can be prohibited. Fifthly, nor mischievous to the state by raising of prices of commodities at home. In every such new manufacture that deserves a priviledge, there must be urgens necessitas, and evidens utilitas. Sixthly, nor to the hurt of trade. This is very material and evident. Seventhly, nor generally inconvenient. There was a new invention found out heretofore that bonnets and caps might be thickened in a filling mill, by which means more might be thickened and filled in one day then by the labours of fourscore men, who got their livings by it. It was ordained that bonnets and caps should be thickened and fulled by the strength of men, and not in a fulling mill, for it was holden inconvenient to turn so many labouring men to idlenesse. If any of these seven qualities fail, the priviledge is declared and enacted to be void by this act, * * and yet this act maketh them no better then they should have been, if this act had never been made, but only except and exempt them out of the purvieu and penalty of this law." (Coke, 3 Inst., 184.) In spite of its crude economic notions, this commentary is an interesting and instructive epitome of the early English patent law. It throws light upon the origin of not a few of the legal doctrines which are the foundation of the patent laws of more modern times. Moreover it may be regarded as embodying nearly all of what continued to be the learning in this branch of jurisprudence for more than a century and a half after Coke's time. The system continued in a comparatively rudimentary condition until near the end of the last century. One or two incidents in its history should, however, be noticed. In 1639 a proclamation was issued, abolishing "all patents for new inventions not put in practice from the date of their respective grants." A still more important change was effected during Queen Anne's reign. Prior to this time the only recorded description of the invention or discovery protected by patent, was contained in a few words, giving merely the name of the process or the purpose of the invention. But about this time the practice was introduced, appearing first in Hill's patent granted in 1713, of requiring a patentee to cause a specification or complete description of his invention "to be inrolled in Her Majestie's High Court of Chancery" within a certain time, generally two or three months, of the date of the patent. This practice ultimately became general; and the theory then arose that the grant of a patent constituted a sort of contract between the patentee and the state, whereby the patentee was protected in the exclusive practice of his invention in consideration of his furnishing in the specification a complete description of his invention for the public benefit after the expiration of his patent. The specifications of some of the earlier patents throw a curious light upon the economic notions of the people. Weisenthal's specification (1755) was for "Working Fine Thread in Needlework, after the Manner of Dresden Needlework, and for erecting a Manufacture of that Sort in this Kingdom so as to be of Public Utility, and enable Poor Girls of Eight Years Old to maintain themselves without being burthensome to the Parish to which they belong." Other patents were granted for the few crude scientific discoveries and inventions of the time. No material progress was made, however, in the further development of the patent system until, at the end of the last century, a series of important discoveries was made which heralded the beginning of a new era in the physical sciences. These inventions were patented, and the patents became the subjects of contests which ended in a series of adjudications, beginning with Arkwright's case in 1785, in the course of which there were discussed and settled many of the fundamental principles of patent law. The inventions of Watt, and Hargreave, and Crompton, and Cartwright, soon directed attention upon the patent laws. Stimulated by the example of these men and by the hope of This | reward, men began to devote their energies to devising improvements upon the crude methods then employed in the industrial arts. The number of inventions rapidly increased; and while in 1750 the number of English patents granted was only seven, in 1800, ninety-six were issued; in 1825, two hundred and fifty; and the British patent office now issues annually between three and four thousand patents. The last steps in the development of the English system were the passage of the act 5 and 6 Wm. IV., c. 83, in 1835, and the patent law amendment act in 1852, which brought the system into its present condition; and finally, during the present year (1883), there has been passed an 'Act to amend and consolidate the law relating to patents for inventions, registration of designs and trademarks." act makes certain changes in the present law which are to go into effect Jan. 1, 1884.-2. In America. A few of the earlier British patents, as Cumberland's patent (1720), were granted for "Our said Kingdom of Great Britain, called England, our Dominion of Wales, and Town of Berwick-upon-Tweed; our Kingdom of Ireland, and our Colonies and Plantacions in America." Letters patent for inventions appear also to have been granted by the different colonies before the revolution. In 1641, Samuel Winslow, of Massachusetts, obtained from the general court of that colony a patent for his process of making salt; and in 1656 a son of Gov. Winthrop obtained a patent for another salt making process. Patents were similarly granted in Connecticut during the colonial period; but no organized patent system existed here until after the establishment of the federal government. The basis of the American patent system is the clause in the United States constitution which confers upon congress power To Promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries." Patents thus became the subject of federal legislation, and in pursuance of the power so delegated, congress has passed a series of patent laws, commencing with the act of 1790. Under this act letters patent were granted upon "any useful art, manufacture, engine, machine or device, or any improvement therein, not before known or used," for "any term not exceeding fourteen years." The application for a patent was made to the secretary of war, the secretary of state and the attorney general, and it required the concurrent action of two of those officials to issue the patent. The specification or description of the invention was certified by the attorney general, and the patent on its issue was sealed with the great seal and signed by the president. No distinction was made in this act between foreigners and citizens, and there was no examination of the novelty or patentability of inventions. In 1793 a second act was passed superseding the former one, and making changes in the system. Patents were issued only to citizens of the United States, and applicants were 66 |