SECTION 6. That the commissioner of the General Land Office shall have authority to make all needful rules and regulations to carry into effect the provisions of this act."

CHAPTER XXXIV.

PATENTS.

1. These originated in the desire of the founders of the government to encourage invention, in the belief that the general welfare of the country would be promoted by such a stimulus to genius, and the power to grant patents was expressly bestowed on Congress. That this was a very wise forethought there is no doubt. The hope of reward has given birth to innumerable inventions, among which some have been of incalculable value to the country, increasing its wealth almost beyond our power to estimate. It is, however, worth considering if there may not be a limit to the usefulness of the system, in its present form, in the changed conditions of the country. It is often the case that what accomplished the greatest good in its proper day, is at length outgrown, and becomes an embarrassment, requiring to be either essentially modified or laid aside.

2. A patent right is an exclusive right, granted by an officer denominated the Commissioner of Patents, in conformity to law, to the inventor or discoverer of any new and useful article. The exclusive right is conferred by acts of Congress, on compliance of the inventor with certain conditions which are clearly specified in the law. The evidence that such exclusive right has been conferred on any individual, is contained in a document, called "letters patent," issued at the patent office in Washington; signed by the Secretary of the Interior, (formerly by the Secretary of State), countersigned by the Com

missioner of Patents, and sealed with the seal of his office. Thus protected, he alone can make, use and sell the article he has invented, for the term of fourteen years; and upon showing a good reason therefor, the commissioner will extend the term seven years longer, or Congress will pass a special act for that purpose.

3. This was the law up to 1861; and is still in force as to patents granted anterior to that date. But a new act was then passed, extending the term of an original patent to seventeen, instead of fourteen years, and prohibiting any extension of such patents.

An inventor, before he can obtain a patent, must swear that he believes he is the inventor or discoverer of the art, machine, or improvement, for which he solicits a patent. He must also give in writing a clear, minute description of it; and, when necessary, must make and deliver a model of his invention; which in all cases must be something new, unused and unknown before, or his application will be rejected. There is considerable expense attending the procurement of a patent right.

4. But when obtained, no person except the patentee, has any right to make, sell, or use the article patented, until the time has expired for which this exclusive right was granted, without the permission of the patentee. Any person doing so is liable to a heavy penalty, and may be prosecuted in the Circuit Court of the United States; this court having original jurisdiction in all cases arising under the patent laws. But a writ of error or an appeal lies to the Supreme Court of the United States.

5. The Patent Office, when first established, was a bureau of the State Department, and the Commissioner of Patents acted under the direction of the Secretary of State. But after the creation of the Department of the Interior, in 1849, it was transferred to it, became a bureau of the new department, and the commissioner now acts under the general direction of its secretary.

THE COMMISSIONER OF PATENTS

6. Is appointed by the President and Senate. His duties are best explained in the language of the law itself, which, in speaking of the creation and appointment of this official, says that his duties shall be "to superintend, execute and perform all such acts and things touching and respecting the granting and issuing of patents for new and useful discoveries, inventions and improvements, as are herein provided for, or shall hereafter be by law directed to be done and performed."

He has the charge and custody of all books, records, papers, models, machines, and all other things belonging to the patent office; and has the privilege of sending and receiving letters and packages by mail, relating to the business of the office, free of postage. He has the power to appoint his clerks, examiners and subordinates; among whom are patent office agents, who may be appointed in not more than twenty of the principal cities and towns in the United States. It is their duty to forward to the patent office all such models, specimens and manufactures, as shall be intended to be patented.

7. In cases of appeal from the decision of the commissioner, the appeal may be made to the board of examiners, or to the Chief Justice of the District Court of the United States for the District of Columbia. There is a seal for the patent office, which the commissioner keeps, and which he must affix to patents when granted, and to other papers and records issued from his office, which are wanted as evidence in other places.

He is also authorized to publish a classified and alphabetical list of all patents issued at the patent office. This he frequently does, for the information of the public.

CHAPTER XXXV.

PENSIONS.

Pensions are a provision, made by the general government, for the officers and privates of the army and navy disabled in the service of the country. They peril their lives for the protection of the public, and it has always been regarded as just that a support, proportioned to the extent of injury received, should be given to them, or to those dependent on them in case of their death. It is properly a continuance of pay in consideration of the services rendered. It does not often amount to a full support, and is graduated by the amount each received, according to rank.

A COMMISSIONER OF PENSIONS

Was appointed and placed at the head of a bureau, at first in the War Department, but afterward transferred to the care of the Secretary of the Interior. It is a Pension Office, in fact. This commissioner is appointed by the President and Senate in the same manner as other important officers. It is his duty to carry into effect the pension laws. He is authorized to appoint pension agents in all the States and Territories, who receive and distribute the money due to pensioners in their several districts, the agents receiving from the government a percentage for their services.

There has always been a large number on the list. At first they were the disabled soldiers and sailors of the Revolutionary War; then of the War of 1812 with England, followed in 1846 by the Mexican War. But all these were few compared with the number disabled in the Civil War. The amount

appropriated by Congress for the year 1873-4, for pensions was $30,480,000. The law carefully protects the pensions against frauds and forbids its attachment by any legal process whatever. The nation is grateful to its brave defenders.

The proper officials to whom all applications should be made, by letter or petition, in Washington, are, by a soldier having his discharge, to the Paymaster General; when the discharge paper is lost, to the Second Auditor of the Treasury; when by those who represent a deceased person, to the second Auditor of the Treasury; when for commutation of rations, to the same officer; when for pensions, or any matter connected with pensions, to the Commissioner of Pensions.

Instructions have been prepared for all applicants, by the Commissioner of Pensions for the purpose of preventing fraud or misunderstanding. They are, in substance:

INSTRUCTIONS.

By the act of Congress approved July 14th, 1862, and amendatory acts, pensions are granted as follows:

1. Invalids, disabled in the military or naval service of the United States, in the line of duty.

2. Widows of persons who have been killed or have died in the military or naval service of the United States.

3. Children under sixteen, of the classes of persons on account of whose death widows are entitled; provided said widows have died, or have remarried.

4. Mothers of all classes of persons on account of whose death widows are entitled, provided said mothers were dependent on the deceased for support and no minor child survived. 5. Fathers, the same as mothers, in case of the death of the latter.

6. Brothers and sisters, under sixteen, provided they were dependent for support upon the person on account of whose decease they claim.

The First Section of the Act of July 14th, 1862, showing the rates of pension to the several classes and grades, is as follows: