anaheim-gazette 1910-04-21

ALONG COMES PATENT FOR SEPTIC TANK ROYALTY DEMANDED FROM CITIES USING IT IN SEWER SYSTEM City Trustees Make Contribution to Municipal Fund for Test Case in Courts—Anaheim Will Require Such Device in Proposed Sewer System —Cameron Septic Tank Company Files Suits in Several Towns The following letter detailing the purpose of California cities to contest the validity of a patent for septic tanks was received by the city trustees at their last meeting from the League of Municipalities. The trustees contributed $20 to a fund to fight the patent in the courts. The city will have use for a septic tank in its contemplated sewer system: To the mayors and members of city councils and board of trustees of the cities and towns, and officers of sanitary districts, in the state of California. Gentlemen:—The College Park Sanitary District, located near San Jose, was recently sued for infringement by the Cameron Septic Tank company of Chicago. Subsequently suit was brought against the city of Fresno, and the cities of Santa Cruz, Los Gatos, and East San Jose were notified to pay the royalty demanded or also stand suit. City Attorney Osborn of Santa in a flowing current of sewage. "It is this method of dividing the process which complainant claims to be novel." 159 Fed. Rep. 456. In the case of Kennedy vs. Solar refining company, 69 Fed. Rep. 715, it was held that "A claim to an art or process is not infringed except by the use of all of the steps or their equivalents, and in the order stated." Many towns are using septic tanks only, discharging the liquefied matter directly from the tank into a stream. According to the language of the court it would appear that there is no infringement unless the entire process is used whereby the sewage is first subjected to the action of anaerobic microbes and then spread out in the light and air to the action of the aerobic microbes. It is the process securing "separate and successive action of the anaerobic microbes and aerobes" that was declared patentable. The matter of damages is another very uncertain question, the company recovering no damages in the Saratoga Springs case. Now then the situation is just this: The Cameron septic tank company have commenced suit in several towns in this state, demanding a royalty of $250 and upwards in each case. They intend proceeding against all other towns having septic tanks. The proposition of this committee is to collect an amount of money from the cities and towns, in proportion to population, sufficient to secure the legal opinion from one of the best firms of patent lawyers on the coast, and subsequently, if deemed advisable, to contest the com- TO THE RURAL SCHOOL OF CALIFORNIA I have just come visit to the schools of city, a green and fertile less than a dozen years grim and desolate heart rado desert. In a night civilization has sprung eighty schools are alia tion . The people in are peculiarly free; fiction, free from common to do the best thing. They can go directly and best educational without intermediate c I have picked out ideas as worth passing school people in other state. It is worth re ion and is illustrated b mobile that is used a Imperial to knit the su try into a strong sch oo Every day it makes it country, gathering up ren for the agriculture and the younger ones grammar school in th e chine has seats in from compartment in rear. It can carry three and can travel twenty It can take twenty pe ad and can haul big bus plows, harrows, bales of grain. It gathers u ing to the creamery. and their wives utili trips to fetch and can town or to go as pa selves; fare two bits. children is brought in They are usually ac Gentlemen:—The College Park Sanitary District, located near San Jose, was recently sued for infringement by the Cameron Septic Tank company of Chicago. Subsequently suit was brought against the city of Fresno, and the cities of Santa Cruz, Los Gatos, and East San Jose were notified to pay the royalty demanded or also stand suit. City Attorney Osborn of Santa Cruz, one of the committee appointed at the last convention of the league of California municipalities on the joint defense of patent suits, immediately took the matter up with the officials of the league and a meeting was held on January 3, 1910, in the federal building in San Francisco. The proceedings of that meeting, with the names of those in attendance, together with the proceedings of the subsequent meeting held in San Jose on January 8, was published in the January number of Pacific Municipalities, pages 161, 162, and 163. The third and last meeting of the committee was held at San Jose, on Tuesday, March 1st, 1910. Attorney Petree of the Cameron septic tank company again addressed the meeting but did not offer any terms for settlement which the committee would accept. It was then decided to address a letter to all the incorporated cities and towns in California and also the sanitary districts, asking for a small contribution to pay the cost of a thorough legal investigation by patent law specialists. The exact status of the litigation on the matter is as follows: A patent was granted in England to Donald Cameron and others, on Nov. 8, 1895, for a process of and apparatus for the disposal of sewage. Subsequently patents were taken out in the United States and other foreign countries. A plant for sewage disposal was constructed at Saratoga Springs, New York, and put in service July, 1903; it was built after the Cameron idea and worked perfectly. On March 12, 1907, the Cameron company brought suit for infringement against the village of Saratoga Springs, in the Circuit court, N. D. New York, and a decision was rendered declaring the Cameron patent void. The court said in part: "The process claims for liquefying sewage by anaerobic action are for an aggregation of three separate and successive processes, two of which company have commenced suit in several towns in this state, demanding a royalty of $250 and upwards in each case. They intend proceeding against all other towns having septic tanks. The proposition of this committee is to collect an amount of money from the cities and towns, in proportion to population, sufficient to secure the legal opinion from one of the best firms of patent lawyers on the coast, and subsequently, if deemed advisable, to contest the company's claims in court. Therefore all towns having septic tanks and those contemplating their installation are hereby requested to contribute to the required defense fund in proportion as follows: Cities of less than 1000 population, $10. Cities from 1000 to 3000—$20. Cities from 3000 to 10,000—$30. Cities from 10,000 to 30,000—$40. Cities from 30,000 to 50,000—$50. Cities more than 150,000—$60. Reports of the amounts received and disbursed, and all other matters pertaining to the question will be published from time to time in Pacific Municipalities and a copy sent to all towns contributing. Kindly acknowledge receipt of this communication and let us know what attitude your town will take in the matter. Address all communications, checks, warrants, etc., to the Secretary of the League of California Municipalities, Suite 904, Pacific Building, San Francisco. Yours truly, Committee on Defense of Cameron Septic Tank Suits. Mayor's Office, Riverside, Cal., Mar. 14, 1910. I hereby approve and indorse the action taken by this committee in accordance with the foregoing statement. S. C. Evans, President of the League of California Municipalities. Attest: H. A. Mason, secretary. A HABIT TO ACQUIRE One of the best habits a man who works with soil and crops and animals can form is the habit of asking himself why he does thus and so. If he asks and answers this one question in earnest he is bound to learn a great deal, and he is likely to become a much better farmer. All men naturally like to know why they do things. Tell a man to do certain work for which there is no apparent reason and he will not do it so promptly or so well as if the reason It can carry three months or less than 15 per child. The value is about $3500. Its building of good roofry. It is a means of aid and an agent of civilization community. The moral of the state idea of neighborhood cohesion this particular time used elsewhere; but its line of intercommunication tablished in sparsely that brings strength andCIAL feeling to the neighbor unites the weak and into strong, ambitious and high schools adapted We shrink from the low school from our own imboredhood. We hang to like grip as an adjunct and the attractiveness homes. But the idea given her thing better. It showsry of enterprise and soon brought directly to our that will give far more attraction than a remembrance school can ever do. Very truly yours, Superintendent Public it was built after the Cameron idea and worked perfectly. On March 12, 1907, the Cameron company brought suit for infringement against the village of Saratoga Springs, in the Circuit court, N. D. New York, and a decision was rendered declaring the Cameron patent void. The court said in part: "The process claims for liquefying sewage by anaerobic action are for an aggregation of three separate and successive processes, two of which were old, and the other a process of nature not patentable, and which had, moreover, been previously discovered and utilized by others. "The apparatus claims, which cover a settling tank, and an areator, disclose nothing which was not known and used in the prior art, except perhaps, an improvement in the outlet of the septic tank, which involved no invention." 151 Fed. Rep. 242. The Cameron company appealed, and on January 7, 1908, the circuit court of appeals, second circuit, reversed the lower court on the process claims but sustained it as to the apparatus claims, saying in part: "As to the process claims, the essential feature of which is the securing of the separate and successive action of anaerobes and aerobes on the organic matter of the solids in a flowing current of sewage discloses a patentable invention in the discovery and utilization of a process of nature for a practical purpose. The apparatus claims, which cover the arrganement of the series of tanks, disclose nothing broadly new and are void for lack of novelty." 159 Fed. Rep. 453. This is known as a process patent, and in the last decision the court said: "The essential features of Cameron's process are separate and successive action of anaerobes and aerobes on the organic matter of the solids One of the best habits a man who works with soil and crops and animals can form is the habit of asking himself why he does thus and so. If he asks and answers this one question in earnest he is bound to learn a great deal, and he is likely to become a much better farmer. All men naturally like to know why they do things. Tell a man to do certain work for which there is no apparent reason and he will not do it so promptly or so well as if the reason is explained to him. The knowledge that he is working for some purpose helps him; the idea that he is carrying out some part of a rational plan gives him interest in it and places on him responsibility. The same principle applies to one's self in his work. Working merely to do something, to get the work out of the way, is not half so interesting as working out a principle. In other days many farm operations were based on experience only, the principles not being generally understood. Agricultural investigation has shown that many old practices are correct and has shown why they are so. There are principles underlying all farm work, interesting reasons and facts back of all good farming and the habit of looking into them is a most useful and helpful one. A good many years ago, in the state of Iowa, there was a small boy hoeing potatoes in a farm lot by the roadside. A man came along in a fine buggy driving a fine horse. He looked over the fence, stopped and said: "Bub, what do you get for hoeing these potatoes?" "Nothin' ef I do," said the boy, "and hell if I don't." AN IMPORTANT QUESTION Sydney Smith was advised, when ill, to take a morning walk upon an empty stomach. Upon whose? was his inquiry. ence of a great Antarctic He returns to Punta Arenas thernmost town in the Straits of Magellan, where faunal, floral, mineral, uable scientific collection show the existence of wealth upon the new co The Frenchman's exploit like Peary's was the pole, but is more mankind; indeed, it is ness, not a mere amazed Peary could bring bandsalt water from that waste of frozen sea water, and to believe that the geographical point his word and circumstance But Charcot brings by solid land he has been species of animals and rocks and ores. He is er, in the sense that S explorer. Nor is his work similar interest. The Antarctic which appears not to be with a gigantic ice cap land, may prove of work Some of the richest mines lie north of the The Arctic fisheries of Siberia increase in immay be coal, iron, copper not in the Antarctic Ocean some day will cause to up upon its interior. Man has conquered zones, and modern media enabling the white man tropics, as modern inva abling him to endure that A new field for mankind partial occupation is can be found in the mainland of Tasmania, south o south of Kerguelen, even mysterious curtain wh imagined in his celebr of Gordon Pym. TO THE RURAL SCHOOL PEOPLE OF CALIFORNIA I have just come from an official visit to the schools of Imperial county, a green and fertile region that less than a dozen years ago was the grim and desolate heart of the Colorado desert. In a night a wonderful civilization has sprung up. More than eighty schools are already in operation. The people in this new world are peculiarly free; free from tradition, free from common prejudice, free to do the best things they know. They can go directly to the newest and best educational ideas at once, without intermediate evolution. I have picked out one of these ideas as worth passing on to the school people in other parts of the state. It is worth reflective attention and is illustrated by a huge automobile that is used at the town of Imperial to knit the surrounding country into a strong school organization. Every day it makes its trips into the country, gathering up the older children for the agricultural high school and the younger ones for a strong grammar school in the town. The machine has seats in front and a freight compartment in rear. It can carry three tons of freight and can travel twenty miles an hour. It can take twenty people at a load and can haul big bundles of trees, plows, harrows, bales of hay, sacks of grain. It gathers up the milk going to the creamery. The farmers and their wives utilize its regular trips to fetch and carry from the town or to go as passengers themselves; fare two bits. The load of children is brought in thirty minutes. They are usually accompanied by POLITICAL ANNOUNCEMENTS J. C. LAMB Candidate for the republican nomination for COUNTY TAX COLLECTOR Subject to the decision of the primary election August 16. J. L. McBRIDE Candidate for the republican nomination for COUNTY SURVEYOR Subject to the decision of the primary election August 16. CARL F. CONWAY Of Orange Candidate for the republican nomination for COUNTY TREASURER Subject to the decision of the primary election August 16. FRANK VEGELY Of Santa Ana, Candidate for the Republican nomination for COUNTY ASSESSOR Subject to the decision of the Primary Election, Tuesday, Aug. 16, 1910 P. H. KRICK of Anaheim Candidate for the Republican nomination for COUNTY CLERK Subject to the decision of the primary election August 16th. W. M. SCOTT Of Santa Ana Candidate for the republican nomination for COUNTY ASSESSOR Subject to the action of the primary election August 16th. L. A. WEST Candidate for the republican nomination for DISTRICT ATTORNEY Subject to the decision of the primary election August 16. CHARLES E. RUDDOCK of Fullerton Candidate for the Republican nomination for SHERIFF OF ORANGE COUNTY Subject to the decision of the primary election August 16th. THEODORE A. WINBIGLER of Santa Ana Candidate for the republican nomination for CORONER AND PUBLIC ADMINISTRATOR Subject to the decision of the primary election August 16 PLUMBING Plumbing Materials WATER PIPE All Plumbing Repairs We Contract to Furnish all the Materials and Do the Work, or Furnish the Materials only Get Our Prices JAMES W. HELLMAN It can carry three tons of freight and can travel twenty miles an hour. It can take twenty people at a load and can haul big bundles of trees, plows, harrows, bales of hay, sacks of grain. It gathers up the milk going to the creamery. The farmers and their wives utilize its regular trips to fetch and carry from the town or to go as passengers themselves; fare two bits. The load of children is brought in thirty minutes. They are usually accompanied by one of the school trustees, who lives in the country and does business in the town. It costs the schools about $100 per month, or less than 15 cents per day per child. The value of the machine is about $3500. Its use compelled the building of good roads immediately. It is a means of communication and an agent of civilization for the community. The moral of the story lies in the idea of neighborhood co-operation. Perhaps this particular thing cannot be used elsewhere; but it shows that a line of intercommunication can be established in sparsely settled regions that brings strength and life and social feeling to the neighborhood, that unites the weak and dying districts into strong, ambitious graded schools and high schools adapted to rural life. We shrink from the loss of the little school from our own immediate neighborhood. We hang to it with death-like grip as an adjunct to the value and the attractiveness of our own homes. But the idea given here shows some thing better. It shows that an artistry of enterprise and social life can be brought directly to our own homes that will give far more of value and attraction than a remote and dying school can ever do. Think it over. Very truly yours, Edward Hyatt, Superintendent Public Instruction. AN ANTARCTIC CONTINENT Charcot, a French explorer, fancies that he has demonstrated the existence of a great Antarctic Continent. He returns to Punta Arenas, the southernmost town in the world, on the Straits of Magellan, with specimens, faunal, floral, mineral, vegetable—valuable scientific collections which may show the existence of undeveloped wealth upon the new continent. The Frenchman's exploration is not an exploit like Peary's penetration to the pole, but is more valuable to mankind; indeed, it is serious business, not a mere amazing feat. Candidate for the Republican nomination for COUNTY CLERK Subject to the decision of the primary election August 16th. W. M. SCOTT Of Santa Ana Candidate for the republican nomination for COUNTY ASSESSOR Subject to the action of the primary election August 16th. CHRIS P. PANN Candidate for the republican nomination for COUNTY TREASURER Subject to the decision of the primary election August 16. BERT ANNIN Of Fullerton Candidate for the republican nomination for SUPERVISOR, THIRD DISTRICT Subject to the decision of the primary election August 16, 1910. H. H. HALE Of Placentia Candidate for the republican nomination for SUPERVISOR, THIRD DISTRICT, Subject to the decision of the primary election August 16. HOWARD A. WASSUM Candidate for the republican nomination for SHERIFF Subject to the decision of the primary election August 16, 1910. JOHN HAHN of Anaheim Candidate for the republican nomination for SUPERVISOR, THIRD DISTRICT. Subject to the decision of voters at the primary election Aug. 16. W. B. WILLIAMS Incumbent Candidate for the republican nomination for COUNTY CLERK Subject to the decision of the primary election August 16. FRANK S. TRICKY of Santa Ana Candidate for the republican nomination for COUNTY AUDITOR Subject to the decision of the primary convention August 16. S. M. DAVIS Announces himself as a candidate for DISTRICT ATTORNEY of Orange County ence of a great Antarctic Continent. He returns to Punta Arenas, the southernmost town in the world, on the Straits of Magellan, with specimens, faunal, floral, mineral, vegetable—valuable scientific collections which may show the existence of undeveloped wealth upon the new continent. The Frenchman's exploration is not an exploit like Peary's penetration to the pole, but is more valuable to mankind; indeed, it is serious business, not a mere amazing feat. Peary could bring back only ice and salt water from that point in a waste of frozen sea which he reached, and to believe that he reached the geographical point we have only his word and circumstantial evidence. But Charcot brings back from the solid land he has been exploring new species of animals and plants, also rocks and ores. He is a real explorer, in the sense that Stanley was an explorer. Nor is his work simply of scientific interest. The Antarctic Continent, which appears not to be surmounted with a gigantic ice cap, as is Greenland, may prove of worth to mankind. Some of the richest Scandinavian mines lie north of the Arctic Circle, The Arctic fisheries of Russia and Siberia increase in importance. There may be coal, iron, copper, gold, what not in the Antarctic Continent, which some day will cause towns to spring up upon its interior. Man has conquered the temperate zones, and modern medical science is enabling the white man to subdue the tropics, as modern inventions are enabling him to endure the frigid zones. A new field for mankind's effort and partial occupation is quite likely to be found in the mainland lying south of Tasmania, south of Cape Horn, south of Kerguelen, even under that mysterious curtain which Edgar Poe imagined in his celebrated adventure of Gordon Pym. Thursday, April 21 Is Your Money at Work for You? An opportunity is offered to you, right here at home where your money will work for you to its fullest earning capacity, in an enterprise which success should be of interest to every man in Orange County. This county is growing very rapidly and the Home Investment Co. is keeping pace with this growth; we have grown from 5 stockholders to 100 in less than one year, and our assets have increased from a mere nothing to over $30,000.00, a pretty good showing we think. BECOME ONE OF US, be a partner in this business, you can do so by buying stock in the Only Co-operative Building Company in Orange County. Start now, $5 will open a stock account. Shares are now selling at $10.50 each. We will soon be on a dividend paying basis, this means that stock will rapidly advance. Read one of our booklets; we will send one to you for the mere asking. Home Investment Company MAIN OFFICE 122 Center St. - Anaheim, Cal. Both Phones—Use Them Fullerton Office - Tribune Bldg. IN THE SUPERIOR COURT W. Harold Wickett, M. D. Res, Phones Main 8X3, Home 863 IN THE SUPERIOR COURT OF THE County of Orange, State of California J. D. Wiens, Plaintiff, vs. Henry J. Martens, Martha A. Fast, J. C. Fast, John Doe, Richard Roe and Salille Doe. Defendants. Action brought in the superior Court of the County of Orange, State of California, and the Complaint filed in the office of the Clerk of said County of Orange. MELROSE & AMES, Attorneys for Plaintiff. The People of the State of California send Greeting to Henry J. Martens Martha A. Fast, J. C. Fast, John Doe, Richard Roe and Salille Doe, Defendants. You are hereby directed to appear and answer the complaint in an action entitled as above, brought against you in the Superior Court of the County of Orange, State of California, within ten days after the service on you of this summons, if served within this county; or within thirty days if served elsewhere. And you are hereby notified that unless you appear and answer as above required, the said plaintiffs will take judgment for any money or damages demanded in the complaint, as arising upon contract, or they will apply to the Court for any other relief demanded in the complaint. Given under my hand and the seal of the Superior Court of the County of Orange, State of California, this 17 day of February, A. D., 1910. MR10-2m W B. WILLIAMS, Clerk. ANAHEIM W. Harold Wickett, M.D. Res. Phones, Main 8X3, Home 863. Herbert A Johnston, M.D. Res. Phones, Main 82, Home 862. Drs. Johnston & Wickett Office Hours, 11-12, 2-4, 7-8 Office Phones, Main 81, Home 861. Offices, 810 S Los Angeles Street J. L. BEEBE, M. D PHYSICIAN AND SURGEON. Office and res. cor. Center and Palm Sts Office hours: 2 to 4, 7 to 8 p.m. Both Phones. DR. W. W. ADAMS OSTEOPATHIC PHYSICIAN Graduate of American School of Osteopathy of Kirksville, Mo. Office and Residence: 11th Philadelphia St. Office Hours: 10 to 12; 1 to 4. Phones: Main 463; Home 1134 VICTOR MONTGOMERY ATTORNEY AT LAW Attention given to Probate Business Commercial Bank Building. Santa Ana Tel. Black 791 au23-6m H. V. WEISEL Attorney and Counselor at Law German Language 2d Floor Mullinix Bldg., Anaheim, Cal. F. C. SPENCER ATTORNEY AT LAW Notary Public Odd Fellows Block, Center Street Anaheim, Cal. Residence Phone Main 42 Main 1141-Home 1401 DR. JOHN H. BOEGE DENTIST Office, Mullinix Building HOURS 8:30 to 11:30 a.m. Evenings 1:30 to 5:00 p.m. By Appointmen RICHARD MELROSE ATTORNEY AT-LAW and NOTARY PUBLIC Office Center St ANAHEIM Cigar Factory ARNOLD & SON, Props. West Center St., Anaheim. Manufacturers of The Anaheim Eagle and Rosebud Cigars. We make a Specialty of Private Box Trade Finest of Wines, Liquors and Cigars, at Roman Wisser's Favorite - Saloon Schlitz Beer on Draught Center Street Anaheim, Cal. Anaheim Bakery Peter Syre, Prop. Fresh Bread Cakes and Pies Confectionary, Etc. Wedding Cakes a Specialty Los Angeles and Express Sts. Residence Phone Main 42 Office Phones Main 1141-Home 1401 DR. JOHN H. BOEGE DENTIST Office, Mullinix Building HOURS 8:30 to 11:30 a.m. 1:30 to 5:00 p.m. Evenings By Appointmen RICHARD MELROSE ATTORNEY-AT-LAW and NOTARY PUBLIC Office Center St Special attention given to Probate Matters ANAHEIM CLIVER HILL City Livery Stables Fashionable Outfits at Reasonable Rates. JOSEPH BACKS, Undertaker and Embalmer Furniture and Bedding. Repairing Done Phones—Pacific M.93 Home 1062 EXCLUSIVE DESIGNS 81.00 buys enough Wall Paper for 121t. room —Sides, Ceiling and Border .091.2 for 8-inch Colored Burlap. .20 for Sanitos Wall Oil Cloth. ALBERT L. WALTER 627 So. Spring St., Los Angeles