Ashland tidings. [volume] (Ashland, Or.) 1876-1919, 1917-01-01
City Attorneys Report

plant, would form the issues of the
suit We could then stipulate with
the company, continuing the case un-
til the expiration of our preesnt cleo
trio light contract, and If then the
people of the city voted to purchase
the equipment belonging to the COM
pany within the city limits, the COM
pany would dismiss its suit; other
wise, the issues could be tried out at
that time. recommend this line of
procedure; in fact, it is the only
course we have to pursue, unless we
are prepared to go to trial, which
should be avoided If possible.
The septic tank matter has happily
been adjusted for the time being, in
which matter | was very materially
assisted ly members of special com
mittee, cppointed for the purpose
The facts are, the Cameron Septic
Tank Company claim that the city of
Ashland was infringing the Cameron
patent, by using septic tanks in the
disposal of the sewage Of the city,
and insisted upon the city paying a
graduated amount, fixed by the com
pany, in the total sum of one thou
sand or fifteen hundred dollars. This
same company was making like
claims against numerous other cities
throughout the United States. Under
this condition of things Universal
Septic Tank League was formed at
Marshalltown, Iowa, having for its
purpose the defence Of the city or
cities belonging to the league. The
membership fee was fixed at twenty
dollars, and in view Of the fact that
the siX-year statute of limitations is
running against the claim of the COM
pany, and each year that the claim
runs deducts a very considerable sum
from the total claim, the city, after
due consideration, concluded that
every year we STAYED a settlement Off
we are reducing the claim to that eX-
tent, and that it was advisable to ad-
vance the $4,000 and become a MEM
ber OF this protective league, who
would defend US in case OF suit, rath-
er than run chances Of defending
against any such suit and paying the
expense thereof ourselves. Under
date Of December 11th, / am in re-
ceipt of a letter from the Septic Tank
COMPANY. advising that the company
had lately brought suit against the
city of Shelbyyille, Kentucky, having
for its purpose the testing of the va
rdity of the patent and determining
whether or not cities using the septic
tank system are liable to the com
pany for such use.
The adjustment of the right to the
use of the water of Berkley spring,
as between the city and Fred Homes,
| am sorry to say, has not been con-
Isummated, Notwithstanding the fact
that | have, at my own expense, made
several special trips to Medford to
consult with Mr.. Homes attorney, en-
deavoring TO effect some kind OF an
amicable settlement. The facts con-
cerning the purchase of this spring
and the use of the water by the city
are briefly as follows:
The members of the Springs Water
/ Commission had made tentative
agreement with Mr.. Berkley, who
owned the land upon which this
spring rises, for its purchase at
stipulatel price of s250.OO. It seems
that no abstract was furnished mol
WAS any investigation made as to the
ownership of the water, or rather the
use of the water, flowing from the
spring. The city in due course OF
time paid the s250.00 and received
its deed. The Springs Water Com
mission let its contract to the Smith
Emery company and the flow OF the
snring was quite materially increased
by subsequent development work
The company assisted by Mr.. Homes
and others, extended a pipe line iron
the spring to the city, which, owint
TO the faulty construction, has nevel
ANYTHING like carried the full flow O
the spring. In the settlement VIII
Smith-Emery the company provided
six hundred dollars with which u
cure this defect. Some months aite
the city had purchased the spring MI
Homes filed an application with tn
state Water Board, and was grantee
permission to appropriate all OF tn
water of the spring, notwithstandlni
the fact of his knowledge that tn
citv had bought the spring and ha!
spent a great deal of money in devei
oning It and piping the water to ou
nublic fountains. have carefull
briefed up the law on this subject