The Kansas Electoral Case It seems clear from the above provi sions that the enactment of such a law as proposed would not only lead to endless confusion and expensive liti gation in its enforcement but would ultimately result in the total destruction of patent property. This is especially manifest in view of the proviso at the end of section 4884 as proposed and as above quoted which proviso reads as follows : Provided, That the provisions of this section shall not apply to any patent granted prior to the passage of this Act.
As the large trusts and industrial cor porations now hold unusual powers by reason of their ownership of fundamental or dominant patents in great industrial lines, it is clear that the initial effect of thus amending section 4884 will not be other than to immediately increase or multiply these powers and privileges to the great detriment of the public welfare. In view of the above it is obvious that the patentee of a secondary inven tion would be entirely at the mercy of the holder of the dominant patent, since
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the holder of the latter patent could merely refuse to grant a license and enjoin any working of the patented secondary invention. The situation which arose when Edi son, Blake, and Berliner improved the Bell telephone will serve to exemplify the power now held by owners of domi nant patents. Their telephones were immeasurably better than Bell's tele phone, and yet they all embodied the principle which Bell had patented. Therefore, none of these "improvers" could use his telephone without Bell's permission, and the result was that their patents came under the control of the owners of the Bell patents. Had the law contained a compulsory working provision, as now proposed, it is believed that the inventions of Edi son, Blake and Berliner would never have been heard of. In view of the above, it is not be lieved to be an unwarranted statement to say that the enactment of such a provision would be exceedingly unwise, detrimental to the just rights of manu facturers and inventors, and decidedly un-American.
Cleveland, O.
The Kansas Electoral Case BY ARTHUR WAKELING THE Kansas electoral case will doubt Involving momentous issues, this less be argued before the full bench legal battle is without precedent in the of the United States Supreme Court soon history of the country. Beneath its after this journal goes to press. prosaic title of Marks v. Davis is The Justices will determine whether hidden a peculiarly intricate and novel or not eight Republican electors may political struggle. And this conflict, run on President Taft's ticket with the in turn, is the cloak for two questions understanding that if they are elected of fundamental importance that have they will vote in the Electoral College never before arisen in exactly the same for his opponent, Colonel Roosevelt. way. One is the perplexing problem
