Tag Archives: Milton Bradley

1939 Landlord’s Game – Retail Rule Set

In November 1935, Parker Brothers made a deal with Elizabeth Magie Phillips to purchase her second patent (#1509312) for The Landlord’s Game. Her earlier patent had expired by then.

This was then used by Parker to provide both legal protection for some features of the game Monopoly, which was fast on its way to being a national hit, and the means to acquire a patent on Monopoly itself (as an improvement of the Landlord’s Game patent).

In return, Parker Brothers paid Mrs. Phillips $500 and agreed to publish The Landlord’s Game. Over the years, some historians and authors of books on game history have singled this out as a completely one-sided deal, and part of a “billion dollar Monopoly swindle.”

However, in point of fact, there seems every reason to think that this is exactly the outcome Mrs. Phillips wanted and desired, and worked to bring about. This is apparent in her later recollections of these events in a journal devoted to the late economist Henry George (1839-1897), who she revered.

She had once worked in the Patent Office, and still had friends there in 1935. While Elizabeth Magie Phillips received four patents in her lifetime (three for games, and one for an improvement to typewriters), she had made no effort, up until this time, to enforce any of her rights. Why?

Because as a Georgist, she was opposed to monopolies, and patents are a form of legalized monopoly. On the other hand, she wanted recognition for her inventions. By taking out patents, she was ensuring she would get credit for her work.

Another factor, I believe, was the publicity stunt she pulled off in 1906, where she announced to the press that she was a “love slave,” and would sell herself off in marriage to the highest bidder. This caused a sensation, and gave her tremendous publicity, however, it may not have all been to her liking, as she ultimately did not sell herself off in marriage to the highest bidder.

Instead, she hoped to parlay her notoriety into a writing career. This did lead, apparently, to her meeting Albert Phillips, a wealthy publisher at the fringes of contemporary decency and the law, owner of the aptly named Climax Publishing Company, who she married in 1910.

Getting back to the 1930s, Mrs. Phillips had made no effort, over the years, to enforce her rights to either of her Landlord’s patents. But when, after a 30-year gestation period, the folk versions of her game began to succeed in the marketplace (first with Finance in 1932, then with Parker’s version of Monopoly, which came to them via Charles Darrow), suddenly there were three different firms vying for the rights to her patent– Knapp Electric, Parker Brothers, and Milton Bradley.

Of these, the only one she wanted to deal with was Parker, and only if George S. Parker himself, who she called “the King of Games,” would meet with her personally. Parker Brothers had passed on Landlord’s previously, but supposedly George S. Parker had suggested that she patent it. She knew that sales of Monopoly were taking off, but had no need (nor want) for the money, which would have been at odds with her Georgist principles. She bided her time, refusing to deal any of the three firms until George S. Parker himself came, hat in hand.

Mrs. Phillips had made two previous attempts to market Landlord’s, in 1906 and 1932. Very few copies were sold. Parker Brothers had published one of her games (Mock Trial) in 1910. Monopoly was a watered-down version of Georgist ideas, which was developed by the players from the first version of Landlord’s. She wanted to put Parker’s marketing muscle behind a real Georgist game.

The $500 was supposed to cover her expenses in having taken out a patent, but her main reward, getting Parker to publish The Landlord’s Game, did not come to pass until 1939. The sticking point between her and George S. Parker was the rules. Mrs. Phillips was a left-winger, but Parker was a conservative, not in the habit of marketing political games. He was also a stickler for clearly defined rules that eliminated ambiguities.

By 1939, Parker Brothers had already published two more of her games– Bargain Day and King’s Men. In 1936, she felt slighted by all the Parker publicity, falsely touting Charles Darrow as the “inventor” of Monopoly. Parker agreed to put out two more of her games, and for the rest of her life, listed her and Darrow as the co-creators of Monopoly.

By then, Parker Brothers certainly were aware that Darrow was not the true inventor of the game. They renegotiated their deal with him to reduce his royalty rate, in exchange for agreeing to cover any legal expenses he might incur, defending his new patent on Monopoly. Parker also wanted to spread Monopoly fever to other countries outside the United States. Darrow granted them the rights.

Certainly, if Elizabeth Magie Phillips had wanted a royalty on each Monopoly game sold, Parker would have given it to her, and further reduced Charles Darrow’s in turn.

The result of all this was a new version of The Landlord’s Game came out in 1939, with a game board designed to look as little like Monopoly as possible. The game was not a success, and Parker still had copies from their one and only press run on hand during World War II.

George S. Parker and Mrs. Phillips could not agree on the rules, so the 1939 game came with two different sets of rules. The Elizabeth Magie Phillips version has been readily available for years, through Thomas Forsyth’s web site. We present the Parker version herein, in a facsimile version transcribed from photographs.

-David Sadowski

1936 Monopoly Origins Document

MonopolyOrigins

I recently stumbled upon a very interesting document on an obscure blog, where Brian Sutton-Smith explains:

Today, the “real story” behind the invention of Monopoly, America’s most iconic board game, is well-known. But, as the game’s popularity began to intensify, executives at Parker Brothers wanted to keep the origin of Monopoly a secret. LeRoy Howard, a game designer and developer at Parker Brothers, advised George S. Parker about purchasing Monopoly from Charles Darrow in 1935. During the acquisition, Parker Brothers learned that Darrow’s commercially-produced version of the board game was based on Elizabeth M. Phillips’s previously-patented creation, The Landlord’s Game. In the end, Parker Brothers purchased the original patent from Phillips for $500. The document, titled “The Origin of the Game of Monopoly,” includes a handwritten annotation that reads “Not for Publication, L.H.” and was originally marked “Confidential.”

I can shed some additional light on this. Although this 1936 document was not published, it must have been prepared by Parker Brothers as press release material that could have appeared in magazines or newspapers. Similar accounts, although not as lengthy, did in fact appear in the press around this time.

In light of the Anti-Monopoly case and various events that took place after 1948, it may surprise some to learn that this was, in fact, the official Parker Brother position on the origins of Monopoly. From early 1936 until Mrs. Elizabeth Magie Phillips died in 1948, Parker Brothers credited her and Charles Darrow as the co-creators of Monopoly.

By this time, Parker Brothers had obtained a virtual monopoly on the rights to Monopoly, so far as they were able to do so at the time. As we know today, the basic game of Monopoly derives from The Landlord’s Game, which Elizabeth Magie patented in 1904. By the time this article was written, however, her original patent had expired, and therefore it is not mentioned here.

Competitors such as Milton Bradley were certainly aware of it, however, as they issued the game Carnival in 1937, based on just that expired Landlord’s Game patent. But Parker Brothers did not want to mention it here, as it would have tended to undermine their legal claims to Monopoly, serving to have the Monopoly patent invalidated.

No mention, of course, is made of the various early Monopoly players such as the Thuns, Daniel Layman, Ruth Hoskins, Eugene Raiford, et al who made various contributions to the game before Charles Darrow learned it from Charles Todd. Therefore, Parker ascribes any and all such improvements to Darrow.

Charles Darrow, while certainly not the inventor of Monopoly, was certainly instrumental in developing the game to the point where it became successful. He brought it over the finish line, so to speak.

In order to consider what were the aspects of Monopoly that Parker Brothers considered to be Darrow’s intellectual property, one has only to compare the 1935 patent application with the similar game Fortune they issued the same year. This can be considered as Parker’s backup plan, a game that they could quickly popularize if it turned out that Charles Darrow was not the true inventor of Monopoly.

If Parker was forced to terminate their contract with Darrow and cease paying him a royalty, they would have gotten behind Fortune instead. Fortune is almost identical to Monopoly, but with a different name.

There are also different property names and, of course, this game did not use Darrow’s iconic illustrations or the distinctive metal tokens made by Dowst.

Interestingly, the 1935 Fortune has only houses, not hotels, and they apparently credited this innovation to Darrow.* But it does have both Chance and Community Chest cards. By the time this game came out, Parker Brothers apparently knew that these were not introduced by Darrow.

The 1936 Parker Brothers document summarizes, in a fairly factual way, the true origins of the game Monopoly, but leaves out anything that would have tended to undermine their legal position regarding the game. It is very complimentary to Mrs. Elizabeth Magie Phillips, who surely could have insisted on collecting a royalty on Monopoly but who, instead, sold her second Landlord’s patent to Parker for $500.

The “conventional wisdom” today is that she was cheated out of a fortune, but the real situation is more nuanced and certainly more interesting. As a dedicated follower of economist Henry George, Mrs. Phillips took out patents on her inventions in order to receive proper credit and recognition, but Georgists would have considered it unseemly for her to have profited financially from such a legalized government monopoly.

By 1935, she was already well off through her marriage to Albert Phillips, who was a successful publisher. Although she kept abreast of game patents through her connections at the patent office, Mrs. Phillips never made any attempt to benefit financially from any of her various patents. She made no attempt to stop earlier commercialized games based on her invention such as the 1932-35 Finance, which was about 90% the same as Monopoly.

In 1935, she was being courted by three different game makers regarding her 1924 patent– Parker Brothers, Milton Bradley, and Knapp Electric. But there was never any doubt in her mind that she would make a deal with Parker Brothers, although she insisted on dealing directly with company founder George S. Parker, who she considered the “King of Games.”

History belongs to the living, and therefore it should be no surprise that Parker Brothers stuck to the narrative as outlined in the above document at least until Mrs. Phillips died in 1948. The very deferential tone towards her stands in contrast to the stance Parker took before buying her patent. A brief mention of Monopoly in a 1935 issue of Fortune magazine includes a denial that the game was invented by Henry George.

This kind of slight, and Parker’s subsequent building up of Darrow as a game inventor, rankled her to the point where she gave some press interviews in early 1936 that mentioned her 1904 patent. As a result, Parker Brothers took additional steps to mollify her. They agreed to publish two more of her games (Bargain Day and King’s Men) and crafted this very carefully worded narrative.

The problem is, they forgot the parts about Elizabeth Magie Phillips from their press pronouncements after she died. It was not until the early 1970s that she once again received her due as the true inventor of Monopoly, and this is in large part through the efforts of Dr. Ralph Anspach and the Anti-Monopoly case, without which much of the game’s origins would have been lost in the mists of time.

-Clarence B. Darwin

*Pictures of the game on the Board Game Geek web site show hotels, but these must have been imported later from some Monopoly set. The copyrighted rules only mention houses.