The Medina sentinel. [volume] (Medina, Ohio) 1888-1961, 1919-12-12
CITY COUNCILMEN
MEET A LAST Time
IN REGULAR SESSION

Street Com. and Night Watch
Fail of Approval - Mason
and Shaw Have Tilt.
CITY is TRESPASSING
SEPTIC TANK PATENT
Medina village council met in it's
last regular session on Tuesday night
OF this week. For the acting mayor
and three councilmen it was the last
regular meeting they will be called
upon to attend-unless they should at
some future time accept the nomi-
nation, which isn't at all likely-as
the new council will take charge of
affairs at the January meeting.
Mayor-elect Hartzog was present
and requested council to pass resolu-
tions raising the salary of street COM
missioner to $100 a month and that of
nightwatch to $125, stating that he
thought good men could be obtained
for these amounts. When a vote was
taken on the matter Shaw and
Nichols voted no, while Boyden, Ed
wards and Mason said aye. While
the resolutions passed by a majority
vote. the vote was not large enough
to suspend the rules and pass the
resolutions to their second and third
readings. Consequently the matter
will lay over until the new council
comes in.
A letter was read from the trus-
tees of the cemetery association stat
ing that according to an old ordnance
the salary Of the managing trustee
had been fixed at $50 per annum,
while the munifcent sum Of $40 each
was allowed the other two. For a
number of years past, however, the
managing trustee has been drawing
SIS year, and the other two mem
bers have been pulling down $25 each.
When the state examiner went over
the village books the last time this
unlawful expenditure was caught up,
resulting in request from the mem
I'Ders of the association that council
legislate them the salaries they have
been receiving. No vote was taken
on the matter. however, it being the
SSssensds of opinion that as the three
trustees have been drawing amounts
illegally, they should make restitution
first and then request raise.
Solicitor VanEpp was present and
called attention to the fact that the
septic tanks now being used in the
disposal plant, were patented, which
| fact was not known at the time they
were installed. 1t seems that the ma
jority of septic tanks over the coun-
try infringe on what is known as the
Cameron patent. This patent ex-
pired in 1916, but the tanks were in
use long before this time, and accord
ing to law, the company has six years
after the time of expiration of patent
to file suit for infringement. As many
towns and cities over the country
have found themselves involved in
the same matter, an association was
formed, and an agreement reached
with the company whereby they will
accept remuneration for the infringe
ment, the amount to be based on pop
ulation. Medina village would be
called on to pay the sum of $40, which
would give her clear title. Akron
recently settled, and it was stated
that Wadsworth and Lodi had also
seen the light. The buck was passed,
however, and the matter was left for
the new council. When the tanks were
installed about 1908" the architects
who drew up the plans evidently were
not aware of any patent infringe
ment. The village actually did the
building, which would make them
liable in any event.
Solicitor VanEpp also discussed the
suit of the N. o. R. R. VS.. Medina vii
lage, set for hearing on Wednesday,
whereby the company seeks to pre-
vent the village from levying assess
ments against the railroad company
for Smith road improvement. The
amounts in question are $659.57
against piece of land on the corner
of S. Elmwood and Smith Road, and
S968.97 against the depot site. The
railroad company in it's petition
claims first, that the amounts as
sessed are more than one-third the
valuation of the properties against
which they are assessed; secondly,
that the properties are in no way
benefited to the amount which is as
sessed against them. The solicitor
was instructed to go as far as ne
liked in an endeavor to win the suit.
It was stated that the Damon VS.. Me-
dina village case has again been set
over to another term, which now
makes this the oldest case on the Me-
dina county docket.
/ Owen Crofoot requested permission
to haul away some dirt from the knoll
directly across from the old Phillips
property on N. Broadway, but council
would not give it's sanction until all
members had viewed the land in
question.
Previous to the close of the meet
ing Councilman Mason and Shaw en-
gagged in a spirited tilt over the way
affairs of the village were being
handled. Mason charged that Shaw,
who is chairman of streets and alleys,
had agreed to fill ditch and an
abandoned cistern the property of the
town, at least two years ago. The
ditch is still open and the cistern has
not been filled. Property owners wish
to lay sidewalks, but are prevented
from doing SO by reason Of the fact
that the sidewalks must be laid di-
! rectly over the open ditch. Shaw