Polk County observer. (Monmouth, Polk County, Or.) 1888-1927, 1915-11-16
ASKS ROYALTY ON TANK
CAMERON co. MAKE DEMAND
UPON CITY OF DALLAS.
Claims Sewage Disposal Plant Is In
fringement Upon United States
Letters Patent.

has through its attorney, John R. Sib-
ley of this city, notified the city Of
Dallas that in the operation of the re
Gently constructed sewage disposal
plant it is infringing upon patents is
sued to their company, and that un-
less the municipality sees fit to take
out license for its use and pay three
per cent Of the original cost of the
plant an action at law will be taken
to enforce its rights in the premises.
The communication was presented to
the council at its meeting last night,
and was discussed at some length. The
letter from Mr.. Sibley follows, and is
self-explanatory:
~ beg to advise you that I have
been employed to represent Cameron
Septic Tank company as their attor-
ney, and as such am authorized TO
proceed to collect from the city Of
Dallas the claim Of said company due
from said city on account Of infringe
ment of patent No. 634423 U. S., which
covers the sewage disposal plant re-
Gently installed and now in operation,
by said city.
~ am confident, that upon investi-
cation, your honorable body will as
certain the fact Of infringement and
it is my intention to allow you a reas-
enable time in which to make such in
vestigations, and trust that the same
will take place without delay, and I
assure you that 1 will proceed no fur
ther, until you have had this opportu-
nifty.
II might add, for your benefit, that
the Infringement lies in the use of any
tank designed for the systematic de-
velopment of qualification as a means
for the reduction of sewage solids,
regardless Of the name or designation
Of such plant, and l have no doubt
that upon investigation, you will find
that you are using the Cameron idea
in both process and construction.
"The established, recognized and
accepted terms for this license is 3
per cent. Of the original cost Of the
plant, per annum, including all addi-
tions thereto up to time of payment
Of the fee, and an additional 8 per
cent. for the unexpired term of said
patent. This figures in round numbers
the sum Of $416, however, am not
pretending to quote the exact figures,
which Of course can be calculated at
the above rates.
Will say that in the event Of set
tlement as outlined above, the com
pany is willing to grant the city such
license, and execute waiver for any
past damages on account of such in
fringement." ]"
In an interview with City Engineer
S. B. Taylor, who constructed the sew
age disposal plant for the city, that
gentleman said he failed to see where
in the Cameron company could recov-
er from the city for the operation of
the system in question, although it
might have patent on way of treat
ing sewage. The matter has been up
on sundry and divers occasions in 9TH
er communities, and the company has
undertaken to collect royalty on sep
tic tanks similar to the one in Dallas,
but in each and every instance the at
tempt had proven fruitless.
City Attorney Coad when question
ed relative to the matter said that he
had not investigated the question, and
until he had done so could not speak
with any degree of accuracy regard
ing the case in hand.
The patent referred to was issued
October 3, 1899, to Donald Cameron
and Arthur J. Martin of Exeter, Eng
land. 1t contains twenty-five claims,
covering various combinations of GER
tain elements. This patent has been
represented to cover the entire field Of
sewage publication by anaeIobie and
aerobic treatment, but Professor Tai
bott, one of the foremost civil engin-
GERS of the United States, says that
the process has been in operation since
1897, although it was designed in 1895.
In two decisions Of the Supreme court
it has been held that construction of
septic tanks Of the character in Dallas
is not an infringement on the Cameron
,.otapfs