PENALTY PENDLETON. 



159 



it has remained at about the same level. The gold 

 pen to-day is practically the same as when Hawkins 

 completed it, except that the goods are now made in a 

 neater and more finely finished manner. 



Fountain Pens. In 1848 N. A. Prince, of New 

 York, brought out the first fountain pen. This con- 

 sisted of a metal barrel tapering to a point at the 

 upper end ; the lower end was round, the under side 

 of the barrel being cut away, exposing to view and for 

 use a small curved bit of rubber which was the writing 

 point. A valve located iust above the pen controlled 

 the ink, and was opened or closed at pleasure. As 

 soon as Goodyear produced his vulcanized rubber, 

 Mr. Prince and his partner, John S. Purdy, secured the 

 exclusive right to use that rubber for pen barrels. 

 Since that time inventors innumerable have taken out 

 patents on fountain pens, the result being that the 

 market is now supplied with a great variety of styles. 

 The general characteristics of all the pens are about the 

 same, the variations being mainly in the methods em- 

 ployed to feed the ink to the pen. 



The origin of the stylographic pen is obscure. It 

 seems to have been developed by some one who was 

 working to produce a fountain pen, and it is hard to 

 distinguish between early specimens of the two instru- 

 ments. The earliest record of a stylographic pen is the 

 granting of a patent for one to Charles W. Krebes, of 

 Baltimore, Md., in 1850. The pen was a crude affair. 

 Six years later Nelson B. Slayton, of Madison, Ind., 

 invented and patented a stylographic pen, but in 1869 

 one Kenyon invented a pen which was about the first 

 bearing a resemblance in mechanical construction to 

 those which followed and became popular. Inventors 

 in this branch appear to be as numerous as in fountain 

 pens, but the pens brought out of late years have a 

 general similarity. (c. K. U.) 



PENALTY, as a legal term, is used in two ways : 

 1. It denotes a clause in an agreement by which the 

 obligor agrees to pay a certain sum of money if he 

 shall fail to fulfil the contract contained in another 

 clause of the same agreement. The most ordinary 

 form of penalty is that named in a bond : it was orig- 

 inally inserted according to Blackstone to evade the 

 prohibitions against taking interest for money, and 

 was considered as part oi the real debt. Penalties 

 were then strictly enforced and continued to be so un- 

 til courts of equity interfered and held that, upon the 

 principle that compensation and not forfeiture was the 

 just and equitable rule to be applied to all cases, they 

 would grant the obligor relief when he hud been pre- 

 vented from paying the money on the day stipulated. 

 Consequently, when the debtor paid the debt, with 

 interest for its detention and costs, he should not be 

 mulcted in further damages. Acts of Parliament 

 were afterwards passed giving the courts of common 

 law power to afford the same relief. These or similar 

 statutes are in force generally in the United States. 



There is frequently a question whether the sum 

 named is a penalty or the amount of damages which 

 tin: parties have agreed shall be recovered, in case of a 

 breach of covenant Against such stipulated or liqui- 

 dated damages equity will not relieve. _The general 

 rule lias been said to be that " when the injury is sus- 

 ceptible of definite admeasurement, as in all cases 

 where the breach consists in the non-payment of 

 money, the parties will not be allowed to make a stip- 

 ulation for a greater amount, whether in the form of a 

 penalty or of liquidated damages. But when, on the 

 other hand, the injury in question is uncertain in itself 

 and unsusceptible of being reduced to certainty by a 

 legal computation, it may be settled beforehand by 

 special agreement" In all cases it is a question of 

 intention. 



It has been held that a penalty remains unaffected 

 though the condition may have been partially per- 

 formed, as where the penalty was $1000 and the con- 

 dition to pay an annuity of $100, which had been paid 

 Car ten years ; the penalty was still valid. 



2. Penalty is also the term used for the punishment 

 inflicted by a law for its violation ; a pecuniary pun- 

 ishment is generally meant, though the phrase "death- 

 penalty " is also in common use. (T. R.) 



PENCIL. This article is confined to the manu- 

 <a^vi YVITI facture of lead pencils in America. M. 



489 in 500 L ' Leman ' f New York - S the 



p. rtoy I D. OUv n n i i >i 



Am. Rep.). pioneer manufacturer of lead pencils in 

 the United States. He began the busi- 

 ness in 1830, and his workmen were distributed in 

 Jersey City, Hoboken, and other places adjacent to 

 New York. The old system of all handwork was then 

 in full force, the workmen taking the pencils home to 

 "finish," the making of the pencil in the rough 

 being carried on at a central place. 



In 1849 Eberhard Faber came to New York as the 

 agent of A. W. Faber. of Stein, Germany, and in 1861, 

 the centennial of the house, it was determined to found 

 the industry in America. This was done, the plant 

 being located in New York city, but in 1872 the fac- 

 tory was burned down and a new one was built at 

 Greenpoint, L. I. This move of Faber was really the 

 start of the pencil industry in this country. In 1865 

 the Eagle Pencil Co. began the manufacture of 

 pencils in America, all their goods before that time 

 having been imported. In 1865 the American Lead 

 Pencil Co. entered the field, and was followed in 

 1872 by the Dixon Crucible Co., and to-day these 

 are the only makers in the United States. 



With the exception of the American graphite used 

 by the last-named company all of the pencil lead used 

 in this country comes from abroad, tne chief mines 

 being in Bohemia, although one maker has the out- 

 put of the Alibert mine, Siberia, which is used in cer- 

 tain grades of artists' pencils. The clay which is 

 mixed with the lead to give it a proper texture comes 

 from Bavaria and Bohemia, the finer grade being from 

 the former place. The clay is of a brownish color and 

 possesses fatty qualities, being oily or greasy when rolled 

 in the fingers. The wood used in the great majority 

 of grades is cedar and the supply of that wood used by 

 all pencil-makers the world over comes from Florida. 

 Other woods are used to a slight extent, but none of 

 them work so well under the knife when sharpening 

 the pencil as the cedar. The American inventive 

 genius has been shown in this industry as in others, 

 and while the laborer in Europe produces one pencil at 

 a time the American machine produces six, and in the 

 subsequent finishing of the pencil hand-labor is reduced 

 to a minimum. The lead pencil of to-day is practically 

 the same as- when first produced in 1565 in England. 

 It is made neater, finished better, but is essentially the 

 same. (c. K. u.) 



PENDEK, WILLIAM DAVIDSON (1834-1863), a 

 Confederate general, was born in North Carolina, and 

 graduated at West Point in 1854. He entered the 

 artillery, but was soon transferred to the dragoons and 

 was employed in frontier service until the secession of 

 North Carolina, when he entered the Confederate ser- 

 vice as colonel. He was afterwards promoted to be 

 brigadier-general and major-general (May 20. 1863). 

 He had command of a division at the battle of Gettys- 

 burg, and was killed there, July 3, 1863. 



PKNDLETON, EDMUND (1721-1803), a Virginia 

 patriot, was born in Caroline co., Va., Sept. 9, 1721. 

 He was of English descent, and early engaged in the 

 practice of law. In 1752 he was elected to the House 

 of Burgesses and was prominent in the patriotic move- 

 ments preceding the Revolution. In 1774 he was a 

 member of the first Continental Congress, and he pre- 

 sided in the Virginia Conventions of December, 1775, 

 and May, 1 776. He drafted the resolutions instructing 

 the delegates of Virginia to propose in Congress a 

 declaration of independence. During the war he was 

 I chairman of the Virginia Committee of Safety, and 

 ' when the State was organized he was made speaker of 

 the House. He also presided over the State conven- 

 tion which ratified the Federal Constitution, andstrongly 



