The Saint Paul globe., 1900-04-15
PATENT Law MoNoPoL1Es.

patent laws. we snail Dr1eny consider
these in the order of the least impor-
| tant. 4-1
PATENT LAW MONOPOLIES.
Taking first the patent laws, which
aVowedly concede a monopoly for the
term of seventeen years for good and
solid reasons in each case, we have only
to say that they afford striking Illus
tration Of the dangers attendant upon any
legaliZed monopoly, however meritorious.
This is shown by a comparatively recent
scandal, with regard to pretended con-
fiict Of claims In the patent Office. Two
opposing claims were secretly purchased
by one corporation, which afterwards en-
ployed attorneys on both sides to keep up
the sham contest for many years, result
ing in a practical monopoly of single
invention for thirty years. instead of sew
enteen. By similar manipulations other
valuable inventions are monopolized for
much longer time than, the law in
tends, while many others are simply lock-
ed up and kept out of public use entirely.
The patent laws need a thorough revision,
all in the direction of greater liberty. AS
we do not propose to discuss details on
this occasion, we confine ourselves to
saying that these laws should be so
amended as to make it impossible for any
monopoly to last under it for more than
seventeen years from the date of the ap-
plication for a patent, and so as to per-
nit the use by everybody Of all patented
inventions upon reasonable terms, or in
some other way patents should be pre-
vented from supporting any monopoly for
p longer period than the precise term
prescribed upon the face of the statute.
REVENUE LAW MONOPOLIES.
The internal revenue laws, by the re-
strictions with which they surround the
F.xa
ford some great advantages to monopo-
lies. AS it is our object in this article
not to specify any particular monopoly
now existing, we prefer to illustrate the
point by references to the match manu-
facture, in the days when there was an
internal revenue tax of one cent a box.
1t is well known that the result of that
tax was to destroy Immediately all inde-
pendent manufacturer and to concentrate
the business in the hands of two or three
great corporati tons. When that tax was
repealed in 1888 these rnonopolies fell of
their own weight, and 1t was many years
before they could be reconstructed. The
present great combinations in the match
manufacture are to be found in other
laws encouraging monopoly, which are
still maintained
TARIFF THE MOTHER.
The tariff is the most fertile source Of
American monopolies. During the last
thirty or forty years hardly an instance
has been known in which an American
monopoly has been denied any part of
the benefits which 1t has demanded in
the enactment of tariff laws. In 1890 and
1897 this rule was without any known ex-
ception. In 1894 there were but few eX-
ceptions. Tariffs are always made up by
the very parties who are interested in pre-
venting foreign competition and securing
Tor themselves a monopoly of the domes-
tic trade. These facts and their effects
upon the promotion of monopoies have
been shown so clearly by former writers
IN this series of articles that nothing more
need be said here upon the point.
1t is simply absurd to make any effort
to prohibit or to regulate trusts and COM
binations, while their causes are left un-
touched If the American people shrink
from competition with other nations of
the earth, and deem themselves justified
in preventing such competition by force,
they have no moral right to complain if
American capitalists take advantage of
the laws which prevent foreign competi-
ton and to make of them instruments
to prevent domestic competition also.
Neither have Americans, who believe in
preventing foreign competition by force,
| any moral right to complain of capitalists
who prevent domestic competition by
fraud The one Is just as moral, or i'm
moral, as the other. s:ss
FUNDAMENTAL REMEDY.
And thus we come at last to the fun
! damental remedy, which is needed The
| fundamental cause of American monop-
| olies is to be found in the lack of honesty,
| justice, business courage and love of fair
! dealing, which is unfortunately character
| istic of q vast majority Of the human
/ race, not excepting the people in the
| United States of America. Whenever a
majority Of the American people demand
! simple justice, neither more nor less, for
| themselves all these questions will be
! speedily settled, and trusts will dissolve
like snow in summer. For any man who
demands and receives exact justice fol
! himself, and no more, necessarily con-
cedes precisely as much to every one
| else; and, if no man received any more
! than justice, every man would receive
justice. No right can be taken away from
any one man without comforting more
than his right upon another. 1t is as i'm.
| possible to give less than justice to al
men at once as it is TO cut off section
of the air and destroy it, leaving q
blank
The inconsistency of any man who de.
mands that competition shall be free
when it works in his favor, but shall bt
prohibited when it works against him is
obvious. But it is not so obvious to the
ordinary mind that it is equally absurd t
insist upon freedom of competition with
in the borders of the United States while
excluding competition from without New
ertheless, the exclusion of competition
is quite as unjust and injurious in the
one case as in the other; and the demand
for freedom of competition at home, while
denying freedom of competition from
abroad, is absurd and suicidal. The law:
Of nature cannot be persuaded to worl
only half way. No man can take poisor
and yet enjoy good health. Neither car
any man or nation draw an artificial lin,
and say: within these boundries com
petition shall be perfectly free, but out
side of these boundaries shall be no com
i petition at ALL
The remedy and the only remedy fo
the evils of domestic monopolies is thu
repeal of all laws which pretend to Civ,
to any man, rich or poor, American O.
European, any protection against natura
competition, any artificial monopoly O
natural resources or any advantage wh:cl
is not thrown open on equal terms to al
human beings. 15e.
Who would be freemen must set al
! men free.