Indiana daily times. [volume] (Indianapolis [Ind.]) 1914-1922, 1920-07-06
INVENTORS SON
SUES HERE FOR
Is MILLIONS
American CreOsoting Com
pany Is Defendant in
Federal Court Action.
INJUNCTION IS SOUGHT

Judgment for at least $4,000, 900
and for a federal injunction prevent
ing the use of the Lowry process"
for creosoting railroad ties. was
asked today in the federal court by
Thomas Lowry, son Of the inventor
of the process, and others, against
Alvin T. Hert, prominent republican
of Kentucky, Stoughton A. Fletcher,
as trustee, and the American Creo-
soting Company, an Indiana corpora
ton.
1t is said that the developments in
the suit may involve a reported deal
made by Hert between James r. Watson,
present United States senator for In
diana and former Senator James A. Hem
enway
The suit alleges that Cuthbert r.
Lowry. who was killed In railroad acct
dent in New Orleans, Nov. II. 1903. was
the inventor of the Lowry process. and
that he obtained letters OF patent from
the federal government.
II Is set out in the suit that the late
Cuthbert r. Lowry. after perfecting his
secret process for preserving wood ties,
formed an association with the defend
ants and others for the formation Of
creosoting companies. which were formed.
THREE COMPANIES
ARE FORMED.
After two years following the forma ton
OF the first corporation, the Columbia
Creosoting Company, Fletcher and Hert
we're desirous OF forming other creOsoting
companies and al the time of the inven-
tors death there were In existence three
companies, the Columbia, the Indiana and
the American CreosotiRg Companies. the
suit alleges.
Previous to the death Of the elder
Lowry, it was understood that other ere
osOting companies were to be formed with
the alleged understanding that Lowry
was to receive an interest In the com
psnies.
At the time OF Lowry's death be was
receiving $1,000 year and had at that
time not been given any interest In the
American Creosoting Company. and the
suit contends that Lowry had executed
an assignment to use the Lowry process
to the American Creosotlng Company. but
which assignment he never delivered as
the consideration therefor. the araign-
ment concerning his interest In the
American Creosoting Company and other
creosoting companies 10 be formed had
not been fully agreed upon and mad not
been delivered by him" It IS alleged
II Is contended In the suit that the
American Creosoting Company has owned
and controlled a number of subsidiary
creosoting companies in all OF which the
Lowry process IS used and as the re-
suit Of this process the creosotlng com
panies have eNrned large net proats. IN
the sum Of fifteen million dollars and
more, all of which profits and earning
were made possible and due to the use
Of the said Lowry process"
CIAI MLARGE SUMS
CAME FROM PROCESS.
The suit alleges that the defendants
by the alleged use Of the Lowry process
by the American Creosoting and sub
sidiary creosoting companies, obtained
and received large profits as royalties,
license fees and earnings on stock and
stock dividends, which each of them
owned In said creosoting companies. all
Of which profits. royalties, license fees
and earnings on stocks aggregate the
sum Of $4,000 600 and more. all of whica
profits were made possible and due to
the said Lowry process the complaint
alleges.
The suit sets up that Lowry died in
testate, leaving ms his sole aud only
heirs az law, the complainants In this
suit, namely Zetta MEG. Lowry, his
widow. Margaret Lowry Van Werveke,
Continued on Page Three.)