The Oskaloosa herald. (Oskaloosa, Mahaska County, Iowa) 1885-1919, 1913-01-23
SEWAGE DISPOSAL
PLANTS ARE SAFE
~. S. SUPREME COURT DECIDES
nv FAVOR OF KNOXVILLE,
COMPANY CAN GET NO ROYALTY
A Test Case of National Importance
Court Holds English Company
Has no Rights; That Patent
Here Expired Same Time.

4
4 Washington, d. c., Jan. 2l.-The
supreme court has upheld the decision
of the Iowa federal court In the case
Iof the Cameron Septic Tank company
against the city of Knoxville. The
company sued for alleged patent in
fringement, and upon its decision
rested the status of sewage disposal
systems in thirty Iowa cities. Judge
Smith Mcpherson in 1909 decided in
favor OF the Iowa town, and his de-
icision has been upheld by the court
lof last resort.
| Knoxville, Ia, Jan. 21.-Men who
carry out the policies and spend the
money OF cities over the length and
breadth of Iowa having septic sewage
/ disposal plants may rest as easily as
is the Knoxville city council, secure
! in the knowledge that they can be
made liable for no royalties for pat.
ient infringement by their sewage
plants.
Thirty cities in iowa, members Of
the Septic Process league, organized
for the purpose of fighting claims of
the Cameron Septic Tank Company. an
! English concern, that the towns sew
age systems infringed patents duly
entered in the Washington patent Of
fee, will breathe more easily when it
is known that the supreme court OF
the United States has put out of the
Question the validity of their actions
land has placed beyond question the
possibility of the legal collection OF
royalties by the English company.
Not only in Iowa. but in cities all
lover the United States, will the de-
cision in the action of the Cameron
company against the city of Knox
willie be greeted with pleasure. Knox
vile was chosen as a test case of
the company's claims and the case
dragged in state and national courts
for three years. Upon a favorable
decision, the company hoped to pre-
dictate claims for royalties against
cities all over the country. In the
case of Iowa alone, it is estimated,
the royalties claimed would have
amounted to thousands of dollars in
thirty cities.
The case hinged on the interpreta-
ton OF patent law. The English COM
pany contended that when a patent,
taken out in England, was made of Ell
In force here the full lawful seventeen
years. The city of Knoxville contend
ed That the patent expired in this
country at the precise time it expired
in England.
There is difference of several
years in these times and during this
contested period, Knoxville, Abba,
Spencer, CenterviIIe. Oskaloosa. Pella,
Ames, Creaston, Des Moines and num-
erous other Iowa cities installed sep
tic disposal systems, as did probably
as many cities in almost every other
state in the union.
In 1909 Federal Judge Mcpherson,
sitting at Ottumwa, held that the
American patent expired at the same
time as it did in England, thus knock
ing out all the compauy's claims. The
company Immediately appealed to the
supreme court of the United States.
While 1t was in the jurisdiction of
courts within Iowa, league of the in
terested Iowa cities was formed to
fight the case. Wallace r. Lane,
formerly of Des Moines, now of the
law firm of Parkinson &c Lane, Chica.
go; r. l.. WEIGH, city solicitor OF
Knoxville and S. II. Crosby, city So
licitor of Grinnell, were the leading
figures in the formation OF this league.
/ Prof. A. Marston of Ames designed
numerous of the plants now in op2r.
alton In Iowa and neighboring states.
| oskaIoosa Paid Royalty.
! Oskaloosa paid $4,000 cash to the
Cameron Septic tank Company
through its agents in Chicago for the
settlement of all licenses, claims, dam
ages or royalties what so ever. The
company threatened suit against the
city for greater amount. The sum
required in settlement was so small
compared with the cost of fight
through the courts that the city
! thought the easier way out was settle
ment of the claim and upon resolu-
ton offered the council, unanimous
vote of the members present author
lied the payment of the claim.
Attorneys and agents of the Gamer
ION Septic Company came to the city
and appeared before the city council
in July of 1909.
After a meeting with the agents.
Attorney II. w. Gleason recommended
TO the council the payment of the
lesser claim and the avoiding of Hi.
cation. This was before the league OF
Iowa cities was rorined to resist the
Iclaims OF the company. Payment To
1.-THE company was made by Clerk e.
II. Munroe. July n, 1909.
| County Attorney II. b. Mccoy and
Mayor Reynolds, while they have moi
looked up the law in the case, not
having the opinion Of the higher court
lat hand, are OF the opinion that Os
lkaloosa can recover the amount paid
In settlement of the illegal claim. Tie
matter Will be taken up at the mex
ltIanoAIur nj. fllIa -.--l--