114 A7i?ials of Ho rii ail hire. 



the right to grow them with the real estate on which they 

 were situated. All advertisements and circulars of protected 

 varieties should be required to contain the words ' Protected 

 according to Act of Congress,' with date affixed to the name ; 

 and when the marketable product was the means of reproduc- 

 tion, the party exposing it for sale should be required to place 

 a sign or label of the name and affix with such product, or at- 

 tached thereto. All packages of the latter for sending to a dis- 

 tance would be required to have the same w^ords written or print- 

 ed thereon. This requirement could be enforced by a fine for 

 its neglect. When the system was inaugurated, the name, 

 with the word 'protected,' and date would be sufficient. The 

 penalty for growing the plant without right should be a mo- 

 derate price per acre occupied by it, the area of land so oc- 

 cupied to be estimated by the ordinar}' distance of setting 

 plants of the same class. For instance, it might be fixed at 

 $5 for an acre and a less area, of anything in classes i and 2 and 

 ^3 an acre for anything in class 3. This measure, besides 

 operating as a royalty to introducers of new productions, 

 would have a tendency to regulate the price of them. They 

 would seek to profit rather by sale of the exclusive right than 

 by selling a few plants or seeds at exorbitant rates as they now 

 do. To enable them to do so, the productions would have to 

 be decided acquisitions. Probably they would be extensively 

 taken on trial, to be paid for if found worth}^, and not other- 

 wise. The introducer of a new sort of potato or cereal of 

 great merit, could afford to sell farm rights at $2 each, and 

 yet secure ample compensation. An infringement of the right 

 to disseminate a production of this kind would be claiming 

 the right to sell it to be grown by any party not possessing 

 such right. It would not be selling the article to an}^ one, even 

 though the buyer should tell the seller he intended to grow 

 the plant. 



"Under this system of protection, the introducers of new 

 productions w^ould have the exclusive right to appear in print 

 as the disseminators, and, if meritorious, this advantage alone 

 might enable them to obtain compensation. Whether a val- 

 uable production originates on an individual's land through 

 his design or by accident, it is his sole property. He has as 

 much right to the exclusive possession of that kind of proper- 

 ty as any other. This right is guaranteed to him by the con- 



