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Congressional Record--Senate.- 565 1888. CONGRESSIONAL RECORD--SENATE.- 565 I of Coweta County, and ofT. J. Bird, E. M. Smith, and others, of Rock· United States may be so amended that patents shall begrantedsubstan· alo, Heard Coul\ty, Georgia. tially as they were before the law of July 4, 1836, the first patent law, of By Ur. GROUT: Of George E. Crowell and 101 others, of Brattle­ 1790, authorizing the grant of letters patent to any person who applied borough, Vt. in proper form and paid the reqnired Government fees. In 1835 the Sec­ By Mr. HALL: Of citizens of Butler County, Pennsylvania. retary of State informed the public thatpatentswueissn~d in the order By Mr. HOLMAN: Of Charles Williamson and 57 others, citizens of of time that proper documents were received at the Patent Office. In Jefferson County, Indiana. 1836 C~mgress radically changed the law regulating the grant of pat· By Mr. HUNTER: Of citizens of Celina, Tenn. ents by providing that they should not be issued until the Commissioner By Mr. JACKSON: Of 44 citizens of Bulger, Washington County, of Patents should be satisfied that the subject-matter was really patent­ Pennsylvania. able. Theobjectin thnschangingthelawwastoobviateinconveniences ByMr. T. D. JOHNSTON: OfcitizensofOwenby, Buncombe County, resulting from the fact that because drawings and specifications in those and of Paint Gap, Yancy County, Nort:P. Carolina. , early days were not published some patents came to be many times dn· Ey Mr. LEE: Of citizens of Pine View, and of Elk Run, Fauquier plicated. Und(}r the present practice, however, with the publication County, Virginia. and sale at a merely nominal price of drawings and specifications im· By Mr. McCULLOGH: Of citizens of Delight, Green County, Penn· mediately.upon the issue of every patent, inventors can easily ascertain sylvania. whether or not it will be profitable for them to obtain patents and to · By Mr. MILLIKEN: Of J. C. Mullen and others, of Maine. undertake to enforce such patents by suit.s in the court; and the rea...c::on By Mr. NEAL: Of J. L. Mulligan and others, citizens of Belltown, of the change made in 1836 no longer applies. Monroe County, Tennessee. Under the present system the memorialist states that the features of By Mr. 'O'FERRALL: Of citizens of Rivanna, Albemarle County, a judicial tribunal have been engrafted upon the Patent Office until Virginia. now i"ts machinery rivals in elaborateness that of the Federal courts, and By Mr. PEEL: Of J. M. Brubble and others, citizens of Arkansas. yet after all the proceedings have been had in the Patent Office and a . By Mr. PETERS: Of 14 citizens of Stafford, Kans. patent is issued nothing has been settled. The whole question must By Mr. PUGSLEY: Of citizens of Pike County, of Highland County, be fought over again in the courts the same as befure the law of 183§. of Clinton County, of Ross County, and of P. J. Linn and others, of The memorialist claims that the practice prevailing before 1836 of Ohio. granting patents to all applicants is substantially the English system and By Mr. ROGERS: Of citizens of Gipson, Scott County, Arkansas. that of all other patent-granting countries. The memorialist proposes By Mr. ROWLAND: Of White's Store, and of Diamond Hill, An­ as his remedy for existing evils to abolish the requirement of a Patent­ son County, North Carolina. Office examination before the grant of a patent, and t;o give to every in· By Mr. WHEELER: Of Thomas C. Pettusand others, arid of James ventor his patent on his filing a correct application ther6for; and, if F. Sharp and others, of Alabama. disputes arise between different inventors as to their rights, to let the controversies be settled by the courts alone, exactly as they in fact must be and are now settled. He states that the annual report of Judge Mason, Commissiol\er of Patents in 1855, presents very clearly the rea. SENATE. sons why this change should be made; that Commissioner Foote, in his report for 1868, reinforces Judge Mason's recommendation, and that the THURSDAY, January 19, 1888. ablest Commissioners of Patents have repeatedly pointed out the great injustice of the present system. Prayer by the Chaplain, Rev. J. ~· BUTLER, D. D. The Journal of yesterday's proceedings was read and approved. I move that the petition be referred to the Committee on Patents. The motion wa.~ agreed to. • EXECUTIVE COMl\IUNICATIONS. Mr. BOWEN presented a petition of citizens of Boulder, Colo., The PRESIDENT pro tempore laid before the Senate a communica­ praying for the erection of a public building at that place; which was tion from the Acting Secretary of the Interior, transmitting, in response referred to the Committee on Public Buildings and Grounds. to a resolution of February 28, 1887, calling for certain information in Mr. PALMER presented the petition of G. Haynes and 89- other citi· reference to the listing and patenting of swamp and overflowed lands zens of the Fourth Congressional district of Michigan, praying for the to the several States, a report of the Commissioner of the General Land prohibition of the alcoholic liquor traffic in the District of Columbia; Office and other documents relating to the subject; which was ordered which was referred to the Committee on the District of Columbia. to lie on the table and be printed. Mr. QUAY p1·esented additional papers in explanation of the bill (S. 1364) to declare the sense of an act entitled "An act to reimburse the PETITIONS AND MEMORIALS. State of Pennsylvania for moneys advanced Government for war pur· The PRESIDENT p1'o tempore presented the petition of John E. Ev­ poses;" which were referred to the Committee on Military Affairs. ans and 21 others, citizens of Salt Lake, Utah, praying that all goods produced in whole or in part by convicts shall be plainly marked "con­ ADJOURNMENT TO MONDAY. vict labor;" -which was referred to the Committee on Education and Mr: CAMERON. I move that when the Senate adjourn to-day, it Labor. be to meet on Monday next. Mr. SHEH.MAN presented a resolution adopted by the Produce Ex­ ThePRESIDENTprotempore. TheSenatorfromPennsylvaniamoves change of Toledo, Ohio, favoring the adoption by the Government of a that when the Senate adjourn to-day, i.t be to meet on Monday next. post.'ll telegraph system; which was referred to the bommittee on Post­ Mr. EDMUNDS. I call for the yeas and nays on that motion. Offices and Post-Roads. · The yeas and nays were ordered; and the Secretary proceeded to call He also presented the petition of- A. B. Gibson, of Havana, Ohio, the roll. praying that his name be placed on record as major in the One hundred Mr. MANDERSON (when his name was called). I am paired with and sixty-sixth Regiment Ohio Volunteers a.s having been relieved by the Senator from Kentucky [Mr. BLACKBURN]. I do not know how rea-son of disability .M:ay 12, 1864; which wa,s referred to ~he Commit- be would vote if present, and therefore I abstain from voting. tee on ?tfilitary Affairs. " .The roll-call having been concluded, the result was announced­ Mr. HOAR presented the petition of George Gross, M.D., ofWash­ yeas 29, nays 22; as follows: ington, D. C., praying for the creation and temporary support of abo­ YEAS-29. tanic hospital and home in Washington, D. C., for the sick, in connec­ Bate, Evarts, In gall!!, SaulSbury, Blodgett, Farwell, Jones of Nevada, Sawyer, tion with a free school for the medical education of women; which was Butler, Faulkner, ]\-forgan, Vance, referred to the Committee on Education and Labor. Call, George, · Palmer, Vest, He also presented a petition of Andrew Ingraham and others, mem­ Cameron, Gorman, Platt, Walthall. Chace, • Hawley, Pugh, bers of the faculty of the Swain Free School of New Bedford, Mass., Cockrell, Hearst, Quay, praying for the enactment of an international copyright law; wlrich Davis, Hiscock, ' Ransom, was referred to the Committee on Patents. NAYS-22. Mr. CHACE presented a petition of the Friends' Temperance Union Allison,' Coke, Hampt-on, Stockbridge, of New York, officially signed, prayingfor the submission to the States Beck, Cullom, Hoar, Teller, ' of a constitutional amendment to prohibit the alcoholic ;Liquor traffic Berry, Dawes, Pasco, Wilson of Iowa, Blair, Dolph, Reagan, ;,Wilson of Md. throughout the national domain; which was referred to the Committee Bowen, Edmunds, Sherman, on Education and Labor. Chandler, Frye, Stewart, Mr. HARRIS presented resolutions adopted by the Chamber of Com­ ABSENT-25. merce of Chattanooga, Tenn., favoring the raising of-necessary reve. Aldrich, Gray, 1\litchell, Spooner, nues for the support of the Government by a tariff upon imports so ad­ Blackburn, Hale, Morrill, Stanford, justed as to prevent unequal burdens and encourage the development Brown, Harris, Paddock:, Turpie, Qolquitt, Jones of Arkansas, Payne, Voorhees. of our material resources, and at the same time afford jnst compensa­ Daniel, Kenna, Plumb, tion to labor; which were referred to the Committee on Finance. Eustis, McPh~son, Riddlebergcr, Mr. CHANDLER. I present the petition of John McClary Perkins, Gibson, Manderson, Sabin, of 61 Court street, Boston, Mass. He asks that the patent laws of the So the motion was agreed to . • 566 CONGRESSIONAL REOORD-SEN.ATE. JANUARY 19, REPORTS OF COMMITTEES. upon the contingent fund will be referred to the Committee to Audit :Mr. VEST, from the Committee on Commerce, to whom was referr~ and Control the Contingent Expenses <1f the Senate, under the rule. the bill (S. 276) to authorize the const~uction of a bridge ove: t~~ M1s- BILLS WTRODUCED. souri River at or near the city of Lexrngton, Mo., -reported 1t Without 11fr.
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