The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1897-04-21
LIVE QUESTIONS.
A Series or Articles Contributed by
Advanced Thinkers.

a Series o. Art1cleS contributed Dy
Advanced Thinkers.
PATENT LAWs-WiY THEY SHOULD
BE ABOLISHED.
Patent laws, tariff laws, criminal
laws, the questions of marriage and
divorce, of woman suffrage, Of popular
education and Of social progress should
ali be considered i'll the light Of axiomat-
ic principles and with reference to the
legitimate functions Of government.
Profitable attention may be given to
patent laws which exert a potent infu-
ence upor industrial conditions. They
are laws 6eclaratory and preservative of
certain real CT fictitious property rights.
If there be any natural property rights
in discovery or an invention, it is
proper that the state in the discharge Of.
its right preserving function should
provide for its protection. If, on the
other hand, there be no such natural
right, the creation Of an artificial one
is foreign to any legitimate function of
government and an unwarranted and
injurious interference with the equal
enjoyment of natural rights.
It is clear that any man has a natural
right to make and utilize whatever dis
coveries or inventions he can, but not
so clear that other men have not right
to repeat the particular discovery OF in
vention or even to utilize it, although
not made by them. The Importance of
this subject is suggested by frequent
complaints Of the injurious effects of
labor saving machinery upon the mar
ket for manual labor and the rate Of
wages. Thousands of men are engaged
in some branch Of industry; a machine
is invented, the introduction of which
into general use will throw them out Of
employment. Such q change, if occur
ring natnrally-that is, without the in
reference or aid of government-would
be one to which men should accommo-
date themselves as best they could. In
the natural order Of things the machine
would be gradually brought into gen
eral but not monopolistic use, the Ia
borers, some Of them becoming manu-
facture1s; owners and operators Of it,
while others would with less precipita
tion and greater success seek other and
different employment. The government
steps in, however, and Eakes it possible
and profitable for particularly favored
capital to monopolize the use of the ma
chine and with it a particular industry.
The evil results are, of course, aggra-
yated by reason of the fact that the
patents generally come to be controlled
by private corporations, but it is seri-
Gus question whether the issue Of the
patent is not itself an abuse Of civil
power. It may be argued that patents
encourage inventions of great benefit to
society, which may be true, and yet few
viii contend that the state could justly
appropriate the millions Of Wander
bi1t or Astor to the promotion Of dis
covery and invention, no matter how
beneficial such appropriation might be,
nor can it with greater justice interfere
for such purpose with any natural right
or opportunity Of any man.
There was q time when men stood
upon the shores Of lake and stream
angling for fish. At length one invented
boat, finding thereby deeper water
and better fishing. Had he or the COM
munity any right to prevent other men
from using, making or selling boats:
Another thought Of the mast and sail
Gould he by right prevent others from
making use Of the same contrivance?
And so with every invention that man
may make, what natural right has he
to prevent another from using it? The
latter might have produced it week OF
a day later although the former had
never been born. That the so called
rights protected are not natural is ad-
mitted in that the government assumes
to secare them fer only limited term.
Why should the life Of q patent be IA
rather than 20 or 400 years if its object
is to secure natural right? Patent
rights are privileges which the state
has no legitimate authority to grant.
Of the Thousands that spend their lives
in Efforts at discovery and invention
how few succeed, and Of those succeed
ing how few themselves reap the reward
that government assumes to provide!
The inventor will invent as the poet
sings or the painter paints. because i'm