Page images
PDF
EPUB
[ocr errors][merged small][ocr errors][merged small][merged small]

stitution shall be as valid against the United States under this Constitution as under the Confederation.

2. This Constitution and the laws of the United States which shall be made in pursuance thereof and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land, and the judges in every State shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.

3. The Senators and Representatives before mentioned, and the members of the several State Legislatures, and all executive and judicial officers, both of the United States and of the several States, shall be bound by oath or affirmation to support this Constitution; but no religious test shall ever be required as a qualification to any office or public trust under the United States.

ARTICLE VII.

The ratification of the Conventions of nine States shall be sufficient for the establishment of this Constitution between the States so ratifying the same.

Amendments to the Constitution.

ARTICLE I.

OF CAL

29

sentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service, in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor | shall private property be taken for public use without just compensation.

ARTICLE VI.

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been com

mitted, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

ARTICLE VII.

In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise reexamined in any court of the United States than according to the rules of the common

law.

ARTICLE VIII.

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech or of the press; or the right of the people peaceably to assemble, and to peti- Excessive bail shall not be required, nor extion the Government for a redress of griev-cessive fines imposed, nor cruel and unusual punishments inflicted.

ances.

ARTICLE II.

A well-regulated militia being necessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed.

ARTICLE III.

ARTICLE IX.

The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.

ARTICLE X.

No soldier shall, in time of peace, be quar-States by the Constitution, nor prohibited by The powers not delegated to the United tered in any house without the consent of the it to the States, are reserved to the States reowner, nor in time of war but in a manner to spectively, or to the people. be prescribed by law.

[blocks in formation]

The electors shall meet in their respective States, and vote by ballot for President and Vice-President, one of whom at least shall not No person shall be held to answer for a cap- be an inhabitant of the same State with themital or other infamous crime unless on a pre-selves; they shall name in their ballots the

abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws.

election for the choice of electors for President and Vice-President of the United States, Representatives. in Congress, the executive and judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male members of such State, being of twentyone years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.

person voted for as President, and in distinct | thereof, are citizens of the United States and ballots the person voted for as Vice-President; of the State wherein they reside. No State and they shall make distinct lists of all persons shall make or enforce any law which shall voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which list they shall sign and certify, and transmit, sealed, to the seat of the Government of the United States, directed to the President of the Senate; the President of the Senate shall, in the presence 2. Representatives shall be apportioned of the Senate and House of Representatives, among the several States according to their open all the certificates, and the votes shall respective numbers, counting the whole numthen be counted; the person having the great-ber of persons in each State, excluding Indians est number of votes for President shall be not taxed. But when the right to vote at any the President, if such number be a majority of the whole number of electors appointed; and if no person have such majority, then from the persons having the highest numbers, not exceeding three, on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by States, the representation from each State having one vote; a quorum for this purpose shall consist of a member or members from two thirds of the States, and a majority of all the States shall be necessary to a choice. And if the House of Representa- 3. No person shall be a Senator or Representives shall not choose a President, whenever tative in Congress, or elector of President and the right of choice shall devolve upon them, Vice-President, or holding any office, civil or before the fourth day of March next following, military, under the United States, or under then the Vice-President shall act as President, any State, who, having previously taken an as in the case of the death or other constitutional oath, as a member of Congress, or as an officer disability of the President. The person hav- of the United States, or as a member of any ing the greatest number of votes as Vice-State Legislature, or as an executive or judicial President shall be the Vice-President, if such number be a majority of the whole number of electors appointed, and if no person have a majority, then from the two highest numbers on the list the Senate shall choose the VicePresident; a quorum for the purpose shall consist of two thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.

ARTICLE XIII.

1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

2. Congress shall have power to enforce this article by appropriate legislation.

ARTICLE XIV.

1. All persons born or naturalized in the United States, and subject to the jurisdiction

officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid and comfort to the enemies thereof. But Congress may, by a vote of two thirds of each House, remove such disability. 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection and rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations, and claims shall be held illegal and void.

5. The Congress shall have power to enforce by appropriate legislation the provisions of this

article.

ARTICLE XV.

1. The right of the citizens of the United States to vote shall not be denied or abridged

by the United States or by any State on ac- composition, engraving, cut, print, or photocount of race, color, or previous condition of graph, or a description of the painting, drawservitude. ing, chromo, statue, statuary, or model or design for a work of the fine arts, for which copyright is desired, must be sent by mail or otherwise, prepaid, addressed " Librarian of Congress, Washington, D. C." This must be article.

2. The Congress shall have power to enforce the provision of this article by appropriate legislation.

Ratification of the Constitution.

The Constitution was ratified by the thir-done before publication of the book or other teen original States in the following order:

Delaware, December 7, 1787, unanimously; Pennsylvania, December 12, 1787, vote 46

to 23.

New Jersey, December 18, 1787, unanimously.

Georgia, January 2, 1788, unanimously. Connecticut, January 9, 1788, vote 128 to 40. Massachusetts, February 6, 1788, vote 187

to 168.

Maryland, April 28, 1788, vote 63 to 12. South Carolina, May 23, 1788, vote 149 to 73. New Hampshire, June 21, 1788, vote 57 to 46.

Virginia, June 25, 1788, vote 89 to 79. New York, July 26, 1788, vote 30 to 28. North Carolina, November 21, 1789, vote 193 to 75.

Rhode Island, May 29, 1790, vote 34 to 32.

Ratification of the Amendments. I. to X. inclusive were declared in force December 15, 1791.

XI. was declared in force January 8, 1798. XII., regulating elections, was ratified by all the States except Connecticut, Delaware, Massachusetts, and New Hampshire, which rejected it. It was declared in force September 28, 1804.

XIII. The emancipation amendment was rat ified by 31 of the 36 States; rejected by Delaware and Kentucky, not acted on by Texas; conditionally ratified by Alabama and Mississippi. Proclaimed December 18, 1865.

XIV. Reconstruction amendment was ratified by 23 Northern States; rejected by Delaware, Kentucky, Maryland, and 10 Southern States, and not acted on by California. The 10 Southern States subsequently ratified under pressure. Proclaimed July 28, 1886.

XV. Negro citizenship amendment was not acted on by Tennessee, rejected by California, Delaware, Kentucky, Maryland, New Jersey, and Oregon; ratified by the remaining 30 States. New York rescinded its ratification January 5, 1870. Proclaimed March 30, 1870. COPYRIGHT LAW OF THE

UNITED STATES.

1. A printed copy of the title (besides the two copies to be deposited after publication) of the book, map, chart, dramatic or musical

the title page of such publications as have The printed title required may be a copy of

title pages.

In other cases, the title must be

printed expressly for copyright entry, with name of claimant of copyright. The style of type is immaterial, and the print of a typewriter will be accepted. But a separate title is required for each entry, and each title must be printed on paper as large as commercial note. The title of a periodical must include the date and number.

2. The legal fee for recording each copyright claim is 50 cents, and for a copy of this record (or certificate of copyright) an additional fee of 50 cents is required. The record fee from aliens and non-residents is $1.

3. On or before the day of publication of each book or other article, two complete copies of the best edition issued must be sent, to perfect the copyright, with the address "Librarian of Congress, Washington, D. C." The postage must be prepaid, or else the publication inclosed in parcels covered by printed Penalty Labels, furnished by the Librarian. In the case of a book, photograph, chromo or lithograph, the two copies deposited shall be printed from type set in the United States, or from plates made therefrom, or from negatives or drawings on stone made in the United States, or from transfers made therefrom.

4. No copyright is valid unless notice is given by inserting in every copy published, on the title page or the page following it, if it be a book; or, if a map, chart, musical composition, print, cut, engraving, photograph, painting, drawing, chromo, statue, statuary, or model or design intended to be perfected as a work of the fine arts, by inscribing upon some portion thereof, or on the substance on which the same is mounted, the following words, viz. : "Entered according to act of Congress, in the year, by— in the office of the Librarian of Congress, at Washington," or, at the option of the person entering the copyright, the words: Copyright, 18-, by

The law imposes a penalty of $100 upon any person who has not obtained copyright who shall insert the notice "Entered according to act of Congress," or "Copyright," etc., or words of the same import, in or upon any book or other article.

[blocks in formation]

fected as a work of the fine arts, so as to prevent infringement by copying, engraving, or vending such design, a definite description must accompany the application for copyright, and a photograph of the same, at least as large as " cabinet size," should be mailed to the Librarian of Congress not later than the day of publication of the work or design.

12. Copyrights cannot be granted upon trade-marks, nor upon mere names of com

Since the phrase all rights reserved refers exclusively to the author's right to dramatize or to translate, it has no bearing upon any pub-panies or articles, nor upon prints or labels inlications except original works, and will not be entered upon the record in other cases.

6. The original term of copyright runs for twenty-eight years. Within six months before the end of that time, the author or designer, or his widow or children, may secure a renewal for the further term of fourteen years, making forty-two years in all. Applications for renewal must be accompanied by explicit statement of ownership, in the case of the author. or of relationship, in the case of his heirs, and must state definitely the date and place of entry of the original copyright. Advertisement of renewal is to be made within two months of date of renewal certificate, in some newspaper, for four weeks.

7. The time within which any work entered for copyright may be issued from the press is not limited by law, but the courts hold that it should take place within a reasonable time. A copyright may be secured for a projected as well as for a finished work. The law provides for no caveat, or notice of interference-only for actual entry of title.

8. A copyright is assignable in law by any instrument of writing, but such assignment must be recorded in the office of the Librarian of Congress within sixty days from its date. The fee for this record and certificate is one dollar, and for a certified copy of any record of assignment one dollar.

tended to be used with any article of manufacture. If protection for such names or labels is desired, application must be made to the Patent office, where they are registered at a fee of $6 for labels and $25 for trade-marks. 13. These provisions apply to citizens of the United States, British Empire, France, Belgium, Switzerland.

14. Every applicant for a copyright should state distinctly the full name and residence of the claimant, and whether the right is claimed as author, designer, or proprietor. No affidavit or formal application is required.

PATENT OFFICE PROCEDURE.

Patents are issued in the name of the United States, and under seal of the Patent Office, to any person who has invented or discovered any new and useful art, machine, manufacture, or composition of matter or any new and useful improvement thereof, not known or used by others in this country before his invention or discovery thereof and not patented or described in any printed publication in this or any foreign country, before his invention or discovery thereof or more than two years prior to his application, and not in public use or on sale in the United States for more than two years prior to his application, unless the same is proved to have been abandoned; and by any person who, by his own industry. genius, efforts, and expense, has invented and produced any new and original design for a manufacture, bust, statue, alto-relievo, or bas-re10. In the case of books published in more lief; any new and original design for the than one volume, or of periodicals published printing of woolen, silk, cotton, or other in numbers, or of engravings, photographs, or fabrics; any new and original impression, other articles published with variations, a ornament, pattern, print, or picture to be copyright is to be entered for each volume or printed, painted, cast, or otherwise placed on part of a book, or number of a periodical, or or worked into any article of manufacture; or variety, as to style, title, or inscription, of any new, useful, and original shape or configany other article. But a book published seri-uration of any article of manufacture, the same ally in a periodical, under the same general title, requires only one entry. To complete the copyright on such a work, two copies of each serial part, as well as of the complete work (if published separately), must be deposited.

9. A copy of the record (or duplicate certificate) of any copyright entry will be furnished, under seal, at the rate of fifty cents each.

11. To secure a copyright for a painting, statue, or model or design intended to be per

not having been known nor used by others before his invention or production thereof, nor patented nor described in any printed publication, upon payment of the fees required by law and other due proceedings had.

Every patent contains a grant to the patentee, his heirs or assigns, for the term of seven

teen years, of the exclusive right to make, use, | Office, shall furnish a model of convenient size and vend the invention or discovery through- to exhibit advantageously the several parts of out the United States and the Territories, re- his invention or discovery. ferring to the specification for the particulars thereof.

If it appear that the inventor, at the time of making his application, believed himself to be the first inventor or discoverer, a patent will not be refused on account of the invention or discovery, or any part thereof, having been known or used in any foreign country before his invention or discovery thereof, if it had not been before patented or described in any printed publication.

Joint inventors are entitled to a joint patent; neither can claim one separately. Independent inventors of distinct and independent improvements in the same machine cannot obtain a joint patent for their separate inventions; nor does the fact that one furnishes the capital and another makes the invention entitle them to make application as joint inventors; but in such case they may become joint patentees.

No person otherwise entitled thereto will be debarred from receiving a patent for his invention or discovery, by reason of its having been first patented or caused to be patented by the inventor or his legal representatives or assigns in a foreign country, unless the application for said foreign patent was filed more than seven months prior to the filing of the application in this country, in which case no patent shall be granted in this country.

Applications.- Applications for a patent must be made in writing to the Commissioner of Patents. The applicant must also file in the Patent Office a written description of the same, and of the manner and process of making, constructing, compounding, and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art or science to which it appertains, or with which it is most nearly connected, to make, construct, compound, and use the same; and in case of a machine, he must explain the principle thereof, and the best mode in which he has contemplated applying that principle, so as to distinguish it from other inventions, and particularly point out and distinctly claim the part, improvement, or combination which he claims as his invention or discovery. The specification and claim must be signed by the inventor and attested by two witnesses.

When the nature of the case admits of drawings, the applicant must furnish a drawing of the required size, signed by the inventor or his attorney in fact, and attested by two witnesses. In all cases which admit of representation by model, the applicant, if required by the Patent

The applicant shall make oath that he verily believes himself to be the original and first in ventor or discoverer of the art, machine, manufacture, composition, or improvement for which he solicits a patent; that he does not know and does not believe that the same was ever before known or used, and shall state of what country he is a citizen and where he resides. In every original application the applicant must distinctly state under oath that the invention has not been patented to himself or to others with his knowledge or consent in this or any foreign country for more than two years prior to his application, or on an application for a patent filed in any foreign country by himself or his legal representatives or assigns more than seven months prior to his application. If any application for patent has been filed in any foreign country by the applicant in this country or by his legal representatives or assigns, prior to his application in this country, he shall state the country or countries in which such application has been filed, giving the date of such application, and shall also state that no application has been filed in any other country or countries than those mentioned; that to the best of his knowledge and belief the invention has not been in public use or on sale in the United States nor described in any printed publication or patent in this or any foreign country for more than two years prior to his application in this country. Such oath may be made before any person within the United States authorized by law to administer oaths, or, when the applicant resides in a foreign country, before any minister, chargé d'affaires, consul, or commercial agent holding commission under the Government of the United States, or before any notary public of the foreign country in which the applicant may be, provided such notary is authorized by the laws of his country to administer oaths.

On the filing of such application and the payment of the fees required by law, if, on examination, it appears that the applicant is justly entitled to a patent under the law, and that the same is sufficiently useful and important, the Commissioner will issue a patent therefor.

Every patent, or any interest therein, shall be assignable in law by an instrument in writing; and the patentee or his assigns or legal representatives may, in like manner, grant and convey an exclusive right under his patent to the whole or any specified part of the United States.

Reissues. A reissue is granted to the original patentee, his legal representatives, or

« PreviousContinue »