The sun. [volume] (New York [N.Y.]) 1833-1916, 1902-12-04
The CullOm bill.


ing and extending the sherman Anti
Trust law, is correctly reported in the
public prints, practice has not made Mr..
CULLoM perfect
The essential and energizing part of the
Cullom amendment is thus reported:
Sc No article of commerce produced, manutnt
ur.d. owned or dealt In by any person. corpora.
lion, association, joint stock company or partne.
ship. organized. formed. managed or carrying on
business for the purpose OF controlling OF monop
olzing the manufacture. production or sale of any
article OF commerce. or for apprcc.aby Affecting
the cos, 81 such article OF CONNER 10 the con
sumer. or for the prevention Of competition IN the
manufacture. production or sale hereof shall he
transported or carried without the state or Tciil.
tory In which produced OF Manufactured. or In
which the may be. or without tie District OF
Columbia. II found therein. by any Individual. cor.
porstlon or common carrier In any manner wha,
ever"
II will be seen at glance that the
above provision repeats or practically
nulli6es Section 1854 of the Revised
Statutes and likewise the great body of
patent legislation supplementary thereto
or amendatory thereof. Sec 1854 is
as follows:
Every pstcn, shall contain shor, title and
description u; the invention or dscovrry correctly
Indicating ~ nature and design. and grant to the
paientoe his heirs assigns ;or the term OF seven
teen years. Of the tIolls.rs rghi 10 MAXI use ard
tcnd the Invention or discovery throughout ne
rrhtd safes and N. Territories h'-eo'."
In the existing laws concerning mo-
nopolos created by the United States
there are various other direct rccog-
nitions Of the right OF the monopolst 10
enjoy freely the privileges of interstate
commerce, For instance, not only may
he. as above provided. manufacture and
sell the monopolzod article Of commerce
throughout the United States and the
Territories thereof; he may also transfer
his monopoly to other persons, who thus
acquire his original right to free COM
merce throughout the nation This is
provided in Section 4,s9s, as amended
by the Act OF March 3, 1897:
Every patcn. OF any mtorcs, therein sail be
asslgnabie In law By IN instrument In writing and
may In like manner srsnt and convey an e,c'p,,r.
n7ht under hi, paton, 10 The uhole or an spcc,i.d
r'r' o; ne Cnfr9 SAFES"
The vast system of monopoly created
by these laws relates to articles of CON-
merce often vital to the needs of the
consumer and directly affecting the nee
eSsaries of life. The monopolistic right
TO manufacture and the equally mo-
nopolistic right to vend throughout the
land, without regard to interstate lines,
are conferred by law not only upon
citizens of the United States but also
upon citizens or subjects of foreign
nations. The comprehensive character
OF the monopolstic system is proclaimed
IN Section 4 $50.
ANY person WHO has Invented or discovered ans
rev or useful art. machine, manufacture or CON.
position OF matter, or any new and uJrfy I'm uroye.
nent Thereof not known or used b. others in this
country. and not patented or described IN my
printed publication In this or any foreign country.
before his Invention ,r discovery thereof and not
In public sale ior more than Two year, amor
- his application may obtain p,trut
thcnior,"
And with his patent he acquires Il mo-
nopoly to manufacture and to sell al his
own price throughout the United States
and the Territories
Furthermore, the vast and useful sys-
TEN of ACKNOWLEDGEMENTS monoDulieS
does not depend merely upon these statu-
tory enactments. The statutes rcst. in
their turn, upon Constitutional provision
expressly empowering Congress.
To prurotc the progress OF science aud useful
RS, hy sccuriag for limited uncs to authors and
Inventors tac exclusive rlghi to their respective
writings and discoveries"
Now. whether it is or is not the purpose
OF the aged Mr.. CULLoM to destroy this
Constitutional system of monopoly bv
closing the State frontiers to commerce in
the articles produced, such is unuuestion-
ably the effect Of his measure as il stands.
He makes no exception Of any class of
monopolistic products. Hr does not dis
criminate between monopolies created
by law, under specific provision of the
United States Constitution. and monoD-
oles arising from natural causes or from
the unpatented genius Of men of bust
ness. All are alike excluded from right
OF interstate commerce by the terms of
the Cullom amendment.
Indeed, Mr.. CuLLoM's description of
tho prohibited articles applies with cspe-
cial force to those which are now pro-
tec.ed by Government patents. These
more obviously than in the case of the
products Of any other form Of monopoly,
alleged monopoly, or attempted monop-
oily. are manufactured, owned and dealt
into employ the language Of the Gull
ION bill-by persons or corporations or
ganized and managed for the purpose
OF controlling or monopolizing the pro-
duction and sale of the articles In ques-
ton, for affecting the cost OF the same to
the consumer, and for the prevention OF
competition. For these very purposes
are plainly and VIGOROUSLY contemplated
by our patent system.
Thus, somewhat curiously. the Cullom
bill az he has drafted it would by per-
verted Interpretation of one Constitu-
tional power of Congress, namely, that
To regulate commerce among the States,
strike down tho monopolies already
'''- '~.' w. CO.. ~ress under ~ OF or Cow