This section is from the book "The Gardener's Monthly And Horticulturist V21", by Thomas Meehan. See also: Four-Season Harvest: Organic Vegetables from Your Home Garden All Year Long.
Mr. Weir writes: "In answer to Eugene Glenn, of Rochester, N. Y., in the October number, I may be allowed to say that to take out a copyright, one has to print the title-page and send it with the proper fee to the Librarian of Congress. My publisher had taken out several copyrights; had the law before him, and complied with it to the letter, to wit: he printed the title-page properly, bought a post office money order in favor of the Librarian, and forwarded it. By some snarl in the 'red tape' in Washington, this P. O. M. O. was not delivered for near three weeks, and we at this end of the line had to trace it up, and I now have the certificate of copyright. As soon as the money was mailed we went to work on our little book and at the end of a week we had some proof copies printed, expecting our certificate of registry by each mail, and being in great haste to get our venture before the world, I mailed a few copies to the leading papers and to eminent horticulturists; this was not strictly legal.
We also sent copies to Librarian of Congress the second time, but not in time for them to reach him before the certificate came to hand.
" Well, I have produced from seed a large number of cherries better adapted to our wants here in the Northwest than any of the old varieties, as twelve to fifteen years have proven, and of quality far surpassing any varieties of cherries that we could grow here heretofore, have dis-cribed them and given them names and numbers, and published all in a 'sort of patent medicine pamphlet,' and copyrighted the whole combination. Is there anything criminal in this ? I have only chosen after due deliberation this plan of offering my property for sale to those who wish it on my terms. If they do not wish to buy there is no compulsion about it. I do not purpose to claim any more rights under my copyright than the law gives me, but neither Mr. Glenn nor even the Librarian of Congress are the final authorities to pass on the law and tell me what my rights are ? We have courts for this purpose. If the copyright is of no value whatever, I cannot see that I am inclined to ask more than the exclusive right to a share of the original stock to propagate from is worth to one nurseryman in each State. I did not start out with the idea of catching gudgeons or swindling any one.
I merely offer a commercial venture to commercial men, and there is no danger of this class of men being severely bitten even if Mr. Glenn had not given them such laudable warning.
" My first and prime intention has been in making a start to the end of inclining people towards the belief that a man's own independent productions were not public, but his own private property, at least until he saw fit to donate it to the public.
"My ' little sort of a patent medicine kind of a pamphlet' was gotten up very hurriedly when I was suffering from malaria, and I am not at all proud of it as a literary venture, but in its sixteen pages of closely printed matter it gives the result of twenty years close study of the cherry in this climate, with some facts that may be of general interest".
[We have stricken out some parts of this letter as personal to Mr. Glenn, because there was nothing in Mr. Glenn's communication to warrant them. Mr. Wier stated that something was done which Mr. Glenn found was not done, and he said so. Mr. "Weir shows very good reason why it was not done, but Mr. Glenn could not know this, and was therefore quite justified in his remarks or we should not have allowed them to pass. Mr. "Weir is entitled to show why, what he thought was done had failed, and we cheerfully grant him this hearing. - Ed. G. M].