subscription fee be not less than $10 per annum. It must be remembered that no additional charge is made to subscribers for the annual index, which for 1884 contains 637 pages.

It has come to my notice that there is no statutory provision empowering or directing the Attorney-General to institute proceedings in the name of the United States to annul a patent that may have been unwisely or inadvertently granted, and which may work great injury to the public. Not unfrequently a patent issues for an invention which had been in public use for more than two years in some section of the country without the knowledge of the Office. After the grant it is beyond the power of the Commissioner of Patents, or the Secretary of the Interior, to recall it. Many times, also, inventions which have been perfected have been surreptitiously obtained and patented by a wrongdoer without the knowledge or consent of the real inventor. Of course such inventor could afterwards, on a showing of the facts, obtain himself a patent, but the old wrongful one remains uncanceled and apparently valid, to harass the rightful owner of the invention and to plague and impose upon the public. It is not unusual in interference proceedings that the subsequent applicant for the issue of a patent is adjudged to be the prior inventor.

I am aware of the provisions of the statute, section 4918, relative to interfering patents and to the rights of either of the patentees to institute suit against his adversary; but it seems to me that, in addition to the private remedy here provided when the first patent manifestly issued wrongfully, as well as in all other cases where the same is recommended by the Secretary of the Interior, the Attorney-General should be permitted and directed to institute the proper proceedings to secure such annulment.

I would also urge the enactment of a law in respect to the granting of patents similar to that which pertains to land grants (section 2448, Revised Statutes), so that in case an inventor dies before the issue of letters patent the title shall inure to and became vested in the heirs, devisees, or assignees of such deceased patentee, as if the patent had issued to him during life.

Several instances have occurred during my administration where the inventor has died before the granting of the patent, and the Office having no knowledge of the death, the patents have been granted to the deceased persons. Such grants have been considered a nullity, and it has become necessary to cancel the original patent and issue new ones to administrators or executors.

It is to avoid such contingencies that I recommend that a law be passed similar to the section named.

There is one other matter to which I desire to direct attention. All patents granted by this office, as well as all labels registered, bear the seal of the Patent Office, while certificates of registration of trade-marks are required by the statute to have the seal of the Department of the Interior, although they are signed by the Commissioner of Patents alone. This is evidently a mistake in the law. The certificate should certainly bear the seal of the officer who issues it, and I have the honor to recommend this alteration in the trade-mark law.

Very respectfully, your obedient servant,

M. V. MONTGOMERY,

Commissioner.

Hon. SECRETARY OF THE INTERIOR.

REPORT

OF

THE COMMISSIONER OF PENSIONS.

To the HONORABLE THE SECRETARY OF THE INTERIOR:

SIR: I have the honor to submit herewith the annual statement showing the operations of this Burean for the fiscal year ending June 30, 1885. My personal charge of the office dates from March 17, covering three and one-half months of the above period.

There were at the close of the year 345,125 pensioners, classified as follows: 241,456 Army invalids, 78,841 Army widows, minor children, and dependent relatives; 2,745 Navy invalids; 1,926 Navy widows, minor children, and dependent relatives; 2,945 survivors of the war of 1812, and 17,212 widows of those who served in that war.

There were added to the roll during the year the names of 35,767 new pensioners, and the names of 1,835 whose pensions had been previously dropped were restored to the roll, making an aggregate of 37,602 pensioners added during the year. During the same period the names of 15,233 pensioners were dropped from the roll for various causes, leaving a net increase to the roll of 22,369.

The average annual value of each pension at the close of the year is shown to be $110.36, and the aggregate annual value of all pensions is $38,090,985.28; an increase over like value for the previous year of $3,634,384.93.

The amount paid for pensions during the year is $64,933,288.12, an increase in amount over the previous year of $8,024,690.52. It will be observed that the amount actually paid exceeds that of the annual value of pensions several millions of dollars, and this excess represents the first payments of pension known as accrued in new pensions.

The amount paid to 37,839 new pensioners during the year upon first payment was $27,115,912.21, and there remained in the hands of the several pension agents 3,677 of this class unpaid, in which there was due $2,243,567.54.

The details of the foregoing statement will be found in Table No 1. Table 2 shows the various causes for which the names of 15,233 pensioners were dropped from the rolls, classifying what is termed the widows' roll," so as to show the number of widows with and those without minor children, the number of minor children who were pensioners in their own right, and the number of dependent mothers and of fathers. It also shows the whole number of pensioners on the roll, with a like subdivision of the "widows' class.

Table 3 exhibits the amount of appropriations on account of pensions and the disbursements therefrom. In connection with this table is shown a statement of disbursements during the year of $39,362.55 for

the payment of arrears of pension in such cases where the original pension had been granted prior to January 25, 1879, and the date of commencement of pension was at a date subsequent to discharge or death. The act of the date mentioned provided for arrears of this class, and the disbursements have been kept separate from those of regular pensions. Of the funds to pay this class there remains a balance of $610,107.13, which is not, as in the case of other appropriations, covered into the Treasury at the close of the year.

Table 4 shows the number of pensioners on the roll of each agency by the several classes, and compares the items in their aggregate with those of the previous year; also the amount paid out on account of pensions by each agent, and the cost of disbursement during the year.

Table 5 shows the number of original pension claims of each class filed year by year since 1861, the number allowed, the number of pensioners on the roll at the close of each year, and the amount paid for pensions, including the cost of disbursement, for the same periods.

In this statement it is shown that 555,038 claims have been filed on account of disability, and 335,296 on account of death alleged to be due to causes originating in the service, claims for this latter class having been filed by the widow, minor children, or dependent relative of the soldier.

Of the invalid claims 300,204, and the widows and dependent relatives 220,825, a total of 521,029, claims on account of disability and death have been allowed.

Excepting those cases where disability or death resulted from causes originating in the service prior to March 4, 1861, and of the regular Army since 1865, the number above given represents claims growing out of the war of the rebellion.

The acts of 1871 and 1878 provided for a pension on account of service during the war of 1812. Since 1871, 78,506 claims of this class bave been filed-34,673 by the surviving soldiers and sailors, and 43,833 by the widows of those who served in that war. Of this number (war of 1812) 59,868 have been allowed-25,676 to the survivors and 34,192 to the widows.

In the aggregate, since 1861,968,840 claims have been filed, and 580,897 have been allowed. For the corresponding periods shown in this table, the number of pensioners on the roll at the close of each year is stated, together with the amount paid for pensions, which, in their aggregate since 1861, amount to $744,040,541.06.

Table 6 shows the number of each class of claims on the files of the office at the commencement of the year, the number filed during the year, the number admitted and the number rejected for the same period, and the number of each class which we e pending and on the rejected files, respectively, at the close of the year.

There is also shown in this table the number of bounty-laud claims received, allowed, rejected, and remaining on the files.

The supplement to Table 6, which follows, is a comparative statement of pension claims of all classes settled by allowance and rejection for the years 1881, 1882, 1883, 1884, and 1885.

Table 7 shows, in brief, the operations of the special examination service of the office, setting forth the number of claims acted upon, the amount of savings credited to this service, and the expenditure on account thereof, except salaries.

Table 8 shows the different monthly rates of pensions paid to Army and Navy invalids, together with the number of pensioners of these

classes to each rate of pension. It will be seen that there are one hundred and twenty-three different rates of pension paid.

Table 9 gives the location and geographical limits of each pension agency, the name of each agent, and the balance of funds remaining in the hands of each agent at the close of the year.

Table 10 shows the amount paid for pensions on account of service during the war of 1812, since February 14, 1871, when Congress provided pensions for this class.

Table 11 shows the number of late war Army invalid claims allowed each fiscal year since 1861, classified and arranged so that in each year's allowance is shown in what years the claims were filed for all the preceding, as well as the one in which the allowance was made. It also shows the percentage of claims allowed out of the number filed each year. Subdividing this time into five year periods gives an interesting showing of the approximate number of claims which may be expected to receive favorable action out of a certain number filed. From 1861 to 1865, both inclusive, taken as the first period, and then while the war was yet in progress, it is shown that out of the whole number of Army invalid claims filed 78.9 per cent. have been allowed. The second period, up to and including 1870, five years, out of the number filed 81.5 per cent. have been allowed. The third period, up to and including 1875, five years, out of the number filed 70.7 per cent. have been allowed. The fourth period, up to and including 1880, five years, out of the number filed 54.8 per cent. have been allowed. This period terminates the arrears period, and out of all claims of the classes named covering all the periods named, back to 1861, 66.6 per cent. of the whole number have been allowed. The fifth period, up to and including 1885, five years, out of the number, 14.9 per cent. have been allowed.

It is seen, therefore, that out of all Army invalid claims filed prior to July 1, 1880, a little more than 66 per cent. have been allowed, and at the close of the present year there remained pending of this class 73,415 claims.

For the fourth period, which includes the five years to July 1, 1880, when the arrears terminated, as stated before, 54.8 per cent. have been allowed, and the number of claims of this class which were filed during this period was 65 per cent. greater than the average number filed for the preceding three five-year periods.

Table 12 shows the number of each class of Army pension claims filed since 1861, on account of disability or death from causes originating in the service since March 4, 1861; also the total number admitted of each class named, and so arranged as to show these results by the military service of each State and Territory.

It also exhibits the number of men in service from each State and Territory in the war of 1861-'65, and the number of men when reduced to a basis of a three years' term of service.

If this table shall be compared with Table 5, there will appear a discrepancy in the aggregate numbers. This is accounted for as follows: In Table 5 are the results as made up at the close of each year. It often happened that duplicate claims would be filed, and sometimes two claims made, but for different services, and the fact being concealed, it would lead to two claims for one service being presented and prosecuted. Again, prior to 1873, a soldier dying and having a claim pending, his widow, if entitled, was granted a pension in her own right, commencing at the date the soldier's pension would have commenced had he survived, thus showing but one claim allowed to two filed. The widow, in such case dying without prosecuting her claim to a success

ful issue, and their surviving minor child or children entitled, the same is allowed, taking the earlier commencement date thereof, counting but one claim allowed to three filed.

Of the whole number of claims filed and allowed, as shown by Table 12, the relative per cent. of each is shown as follows:

Of the whole number filed 62 per cent. were invalid claims, and of the whole number allowed 59 per cent. were of this class.

Of the number filed 19 per cent. were widows', and of the number allowed 22 per cent. were of this class.

Of the number filed 9 per cent. were for minor children, and of the number allowed 10 per cent. were of this class.

Of the number filed 8 per cent. were for dependent mothers and 2 per cent. for dependent fathers, and of those allowed 8 per cent. were the former and 1 per cent. the latter class.

It also shows that of the whole number of invalid claims filed 53 per cent. have been allowed. Of the widows', 65 per cent.; of dependent mothers', 56 per cent., and of dependent fathers' claims filed 29 per cent. have been allowed; and of the aggregate of all classes filed 57 per cent. have been allowed.

Table 13 is divided into three parts-A, B, and C.

In Form A is shown the appropriations and expenditures for the Pension Office, so far as it has been practicable to obtain them, each year since 1862, embracing the salary fund of the office, expenses and per diem of special agents, now known as special examiners, and fees for examining surgeons.

The apparent excess of expenditure over the appropriation for some years is occasioned by the unexpended balance for one or more preceding years being available, as prior to 1873 such unexpended balances were not covered into the Treasury.

The expenditures, under the head of expenses and per diem, of special agents for the years 1862 to 1875, inclusive, were rendered in the account of the contingent fund of the office, and it was not practicable to separate the items.

The unexpended balances of the special-examination funds for 1882 and 1883 were, by act of Congress, made available for the year subsequent to each.

The expenditures for fees to examining surgeons prior to 1878 are estimated. The appropriations for the same were included in the item "for paying pensions." Such proportion of the same as related to biennial examinations (prior to 1872) has been excluded, as the same was not properly chargeable to the expense of settling pension claims. This exhibit represents, as nearly as expedient to show, the entire cost which can be properly chargeable to the expense of settling pension claims, except that for stationery, printing, and rental of buildings. These, so far as obtained, are published elsewhere.

In Form B is given a statement of the number of claims settled each year since 1862, those for increase, service in the war of 1812, and bounty land claims reduced to a basis of Army original claims, taking six increase claims in the one instance and four war of 1812 and bounty land claims in the other as representing one original Army invalid. It also shows the average cost of settling each case on the basis mentioned of original claims, taking first the cost per case for those settled by allowance and rejection, and records the cost per case for those settled by allowance only. It is submitted, however, that the most intelligent basis is for the settlement by allowauce only, and for the following rea

son: