Subscription, $1.50 a Year MEMORIAL SERVICE DRAWS LARGE GATHERING SUNDAY On the Nation’s Roll of Honor: William Portar. Milford DeWolfe. Dr. R. M. Denney. In an eloquent addrett last Sunday afternoon Dr. W, It. Hinton paid a tribute to three men from l.enlr who have died <>n the field ol battle : Wil­ liam Poller. Dr. Denney and Milford DeWolfc. Dr. Iliitton drew an in­ spiring picture of the work being done for the common people of the world, and the part America will have in making peace permanent. Mayor Baker pretided at the meet­ ing. which was held at the Honor Board. I he Multnomah Guard band rendered a patriotic program Hun­ dreds of citizens crowded the streets, and «bowed a deep interest iu the memorial service. k e t ► » » A Hrralii ML è LENTS STATION, PORTLAND, OREGON, OCTOBER 3, 1918 ARLETA CHURCH WILL WELCOME NEW MEMBERS Sunday, October 6, will be “Mem­ bership Day” at the Arlcta Baptist Church. Quite a number of families have recently moved into the neigh borhood and have sent to the old home church for letters of member­ ship. Some have been waiting for friends, so the day ha» been set aside for a general rally of new members and a special effort to secure more. At II A. M. the sermon will be fol­ lowed by "The Lord’s Supper" and the hand of fellowship will be given to those who have recently united with the church. The evening service hour has been changed to 7 30 o’clock, when the pastor, Rev. W. Garnet Handley, will speak on a subject that is in the minds of many, viz., "Wilt the Bap­ tist Church Be Put On the Scrap Heap When the Boys Come Home?" Special music by the large choir, led by Professor C. M. Godfrey, at all services. PROPLRTY QWNtRS PAY EXCESSIVE PRICES FOR ‘PATENTED" PAVEMENTS City of Portland Lay« Hard Surface for About Half of Charge Made by Contractor«--Seattle Shows (Jp “Patent” Claims as Poor Basis for Gouging--! he Herald Firat to Publish Interesting Facts on Pave­ ments Brought Out in United States Court. VOL. XVI. plainant has been extensively en­ gaged throughout the United States tn the manufacture and construction of pavements embodying said alleged invention r -"* has expended *-------- *------------ and large sums of money in a nd about tne sam«, and has caused such pavements to be extensively put upon the mar­ ket. and has expended much time, labor and money in introducing .the same and creating a great demand therefor, and that it is prepared to supply the market therefor. This defendant further answering, on information and belief, denies that the said complainant has a large dumber of employees engaged in the construction of said pavements, and denies that the said invention has proved of great value and that the complainant will realize great gains and profits from the exclusive en­ joyment of its alleged rights in said invention; and denies that the com­ plainant still retains for itself and its licensees the exclusive right to make, construct, use and sell said pavements embodying the said in­ vention. Patent May Be Void. The defendant further answering paragraph IV of said bill of com­ plaint. avers, on information and be­ lief, that the said Letters Patent granted to Frederick J. Warren, un­ der date of May 5, 1903. are null and void for that the said Frederick J. Warren was not the original or first inventor or discoverer of the alleged improvements in pavements de­ scribed in said Letters Patent, or of anything patented therein, but that prior to his supposed invention or discovery thereof the same had been known to. or used by, other persons, at the following named places: Many Users of Patented Pavement. Under private contract it cost in Portland, is that the paving mix­ Multnomah County about $120 per ture is patented and hence of un­ s<|Uare yard to place a two-inch usual value. This theory of patent wearing surface on the Columbia protection was called to the fore in River Highway, Under municipal Seattle soon after Seattle began to construction it cost the City of lay pavements without the interven­ Portland $0.M>3 per square yard to tion of contractors. Case No. 2067 place a , NIK. i <> nil $0.108 per square yard. The 22.464 vention or alleged discovery, or more York, at Geneva, New York. lie i« the «on of Mr. ami Mrs. Z. D. square yards of asphaltic concrete than two years prior to his applica­ the position of rural carrier at Bor ­ Arthur C. Grover, of Rutland. Vermont, at Thurmond, who reside south of ing, Milwaukie, Molalla. Oswego and wearing surface, two inches thick, tion for Letters Patent of the United Rutland. Vermont. I ent«, near the Estacada electric vacancies that may later occur on States therefor.; denies that his al­ Luther II. Pike, of Manchester, N. H., at line. It is reported that Corporal rural routes from other postoffices, were laid at a cost of $14.011.18. or leged invention was not in public use Manchester, N. IL, and at Johnatown. N. Y. \ .in Amburgh a« a motorcycle dis­ The examination will be open to citi­ $O.(i22 per square yard. Samuel Whinery. of New York City, N. and on sale in this country for more patch nder, made trip after trip zens who arc actually domiciled in ”Thi« show« a total cost, includ­ than two years prior to his said ap­ Y. , at New York City and Milesburg, N. Y. J. P. Crawford, of Brooklyn, New York, Miros« the shell «wept roads in a territory of a postoffice in the ing wearing surface and base of plication for United States Letters at Brooklyn. N. Y. gassed arca, befóte and during the the Patent; and denies that the same county and who meet the other re­ G. A. Beyard. of Bellefonte, Pa.. at capture of Vii try and during its oc­ quirements. During the continuance $15.515-11. or $0.(WJ per square yard. was not abandoned. Bellefonte. Pa. cupation by the Germans, crawled of the present war the Commission Owing to difficulties such as labor A. Van Camp, of Washington. D. C, at This defendant further answering into the town and brought back in­ will, in accordance with the request shortagr, delay in delivery of ma­ Waahington, D. C. format ion of great value to tuì com of the Postoffice Department, admit terials ami securing trucks for says that it has not knowledge, in­ J. E. Wynkoop, of < Pottsville, Pa.. at formation or belief, save by the said Pottsville. Pa. mander. women to rural carrier examinations transportation, this cost is consid­ billfof complaint as to whether the George H. Bailey, of Washington. D. C., upon the same conditions as men. erably higher than it would have o*i to the Commissioner of D. W. Bailey,-of Chelsea. Mass., at Chet .muter uounai cuudit ions." r Foleef! Valley Honors *Boys ” — r * fwhntwfl tii Patents of the United States, in due ■•a. Maas. In discussing the project of hard- form of law, for Letters Patent of from 1 orles Valentine, who is sta­ W. B. Pariaen, of Newark, N. J., at New­ A social and entertainment was tioned hi England for the present. given by the Parent-Teacher Associ­ surfacing Terwilliger Boulevard anti the United States, whereupon such ark. X. J. J. L. Fulton, Georg? D. Carr. Frederick Hi- lived in the Bclrosc-Gilbcrt ation at the Powell Valley school­ the purchase of a municipal paving proceedings were had and taken; Mathew«, James Walton, James Wallace, neighborhood when he entitled sev­ house Thursday evening in honor of plant with which to do the work. En­ that upon the Sth day df May, 1903, E. Rudolph Mass, of Chicago. Illinois, at Cha eral month« ago. The spirits of the the boys who will soon leave for Letters Patent of the United States cago, III. boys "over there” are kept up, Pri­ training tamps. They are Hjalmer gineer Dulin said: Barber Asphalt Pai Paving Co. and ita offi- No. 727,505, duly signed and sealed, 1 2 Pa., at Long Island “A significant fact in connection were issued to the said Frederick J. cera. of Philadelphia. vate Valentine say«, by the fact that Staffanson and Carl Keller. At the City, N. ” T. the people of the United States arc last meeting of the association the with this work was that the cost of Warren, whereby there was granted Logan Pago, Wm. V. Judson and standing firmly for world democracy. following officers were elected: $0.093 a square yard was attained at to him, his heirs and assigns, the ex­ Amai L. Waller Barber, ______ of __ Washington. D. C., at Letter« are what the boys need, more President, Principal George Metzger; Waahington. D. C. a time when the cost of both labor clusive right to make, use and vend than anything cite. Edward IXeSmedt, of Newark, X. J., at vice-president, William Peterson; and material has soared skyward. «aid invention throughout the United Newark, N. J. States ami territories therefor for treasurer, Andrew Ryberg; secretary, A. B. Vandermark. of Jersey City, N. J.. Notice to Mothara of Babies. Miss Martha Hagberg; assistant sec- For instance, the city laborers on the term of seventeen years from at Jersey City, N. J. The Lents Parent-Teacher Circle rctary. Miss Caroline Tallincn, l>ri- the work received $4 an eight-hour the date of said Letters Patent, and W. H. Foye, of San Fraaeiaeo, Cal., at will hold a nn cling Friday, October mary teacher. day instead of $J, the rate which •is to all such matters this complain­ San Francisco. Cal. James M. Hawes of Covington. Ky., at 11. between 10 A. M ami 4 r. M., for prevailed only .% year ago, while the ant to make due proof thereof. Covington, Kentucky. the purpose of weighing and meas­ This defendant further answering Rally Day Notice. Marcus H. Hotlgman. of Denver. Colo­ cost of asphaltic cement has doubled ivers that it has no knowledge, in­ uring all the children in this dis- rado; F. C. Blake, of Denver. Colorado, and The members of the Lents Evan* front $9.25 a ton to $18.50 a ton. tricl,rl>ctween the ages of six months formation or belief, save by said bill the Blake Asphalt Company and its offi­ of Denver. Colorado, at Denver, Colo­ ami Rix years. All mothers are re­ gelical Church are rallying to the "1 he cost of $0.(i22 a square yard of complaint as to whether on the cers. rado. work which promises to make the quested to come and bring their 4th day of December, 1903, or at any for the two-inch asphaltic concrete George D. Baker, Adolph Wulff, Frank J. children, as file government requires Rally- Day program a great success. time, the said Frederick J. Warren Siefert. of Cincinnati, Ohio, at Cincinnati. us to get this rc|>ort as soon as pos- Four hundred is the mark. Many wearing surface is a marked con­ aid in the work. from Vancouver, Wash., is expected surface which the Warren Construc­ ters Patent, including any and all ac­ land, at Baltimore, Md. MRS. f). A. HESS. President. crued rights of action for infringe ­ tion Company has just completed Charles H. Slicer, of Baltimore, Mary to be present. The soldiers will have ment thereof, and as to such mat­ land, st Baltimore, Maryland. a part of the program. Remember the for the county on East Eighty-sec ­ Sunday School Convention. ter« leaves complainant to make due K. G. Schwendenian. of Oak Tark, Illi- occasion. Rally Day. Remember the noia, at Oak Park« III., and at Chicago, Ill.; and complete proof thereof. A number of young people of the place. Lents Evangelical Church. Re­ ond street. "The cost of the Terwilliger Boul­ Lenta neighborhood will attend the member the date. October 6. Remem­ This defendant further answering and to others to this defendant at Sunday School rally to be held in ber the time. 9:45 A. M. A cordial evard work has brought into vivid avers that it has no knowledge, in­ present unknown, but whose names Gresham Friday (tomorrow) evening welcome extended to all. relief the excessive prices which the formation or belief as to whether and addresses and places of such und i complaint, as to whether the va­ and void, for that prior to the al­ ------------------1— Dye is stationed at Camp Kearney, cost of half of what the same work lidity of said Letters Patent No. leged invention or discovery of the detailed to drill l*ecruit8. Mrs. Dye cost '.aider contract prices, even dur­ 727,505 has been finally adjudicated invention there attempted to be Subscribers, Please Nolo. is well known in Lents. by the Circuit Court of Appeals for claimed by the said Frederick J. Subscribers to The Herald will ing peace times, ami the obvious an­ the Sixth Circuit, and has been rec­ Warren and more than two years please note that under the new ruling swer to this anomoly is that the ognized in a decree of the Circuit prior to his application for Letters Woman Lawyer Honored. Miss Liila O’Bryon, a practicing at­ inaugurated by the government in taxpayers of Portland and Oregon Court of .Appeals for the Second Cir­ Patent of the United tSates therefor, torney. ha« been appointed by Dis­ order to conserve the supply of have been gouged to the tune of sev­ cuit. and in numerous decrees en­ the said alleged improvements had trict Attorney Evans to fill the va­ newspaper as much a« possible, all eral million dollars by the paving tered by the United States Circuit been patented and described in vari­ subscriptions three months in arrears Courts for Grand Rapids, Michigan, ous letters patent of the United cancy left by Fred Dempsey, who must be discontinued. While The combination. Topeka, Kansas, Montgomery, Ala­ States, and of other countries, and will attend the officers training Herald management would prefer to “ Commissioner Barbur said in pub ­ bama. and Fort Worth, Texas, as al­ in various printed publications, camp nt Eugene. await the convenience of the sub­ lic, at a council meeting last De­ leged in paragraph IV of said bill of to-wit: scriber, yet it cannot refuse to do the ' omplaint. anti as to such matters Hoffman Hair. United State« Letters Patent. bidding of the new ruling. There­ cember, when he asked for an ap- A daughter has been born to Mr. fore, all subscribers knowing them­ propraition of $10,(X)0 for a paving leaves complainant to make due and 5.Q48—An». 27. 1872—J C. Tucker -trict pxooX.thereof. 29.735—Aug 21. 1860—Geo. Rchrinishnv ami Mrs. Floyd Hoffman, One hun­ selves to be in arrears for subscrip­ plant, that he could- save the city Patent of Little Value. dred and fourth street and Forty­ tion to this paper for a period of the entire cost of the plant on the 34,404—Feb. 18, 1862—Clark and French ninth avenue, Peterson’s addition. three months or longer are earnestly This defendant further answering 61,056—Jan 8, 1867—Bernard Doud The young lady weighed seven requested to call in and have their Terwilliger Boulevard work alone. denies, upon information and belief, 69.73»—July 2(1, 1867—Russell Fisk His statement has been absolutely that the invention patented by said 78,455—Juae 2, 1868—A. Hoyt pounds. date advanced. In order that all those in arrears vindicated, as the difference between patent is of great commercial value 80,856—Aug. 11. 1868—Caduc and DeValin Labor Leadera to Meet. may remember this fact, .notices to the contract price of $1.40 a square and practical utility, and that the 86.355—Feb. 2, 1869—J. Warren Ilçown .tilt and public have generally ac­ 87,007—Feb. 16. 1869—T. Smith The Slate Federation of Labor will this effect will be mailed to each in­ ykrfl prevailing last December and convene al Bend, October 14. Usually dividual the first of next week. The the cost of $O.(>93, as actually at­ quiesced in the validity of said Let­ 88,139—March 23, 1869—J. P. Crawford ters Patent, and recognized any 95.378—Rept. 28. 1869—F. W. Hanney annual meetings have been held in great majority of those now three months in arrears are good paying tained, means a saving of $15,874 to rights of the complainant there­ 97.149—Nov 23, 18«»—D. W. Bailey January. subscribers and have, as a rule, paid the taxpayers and justifies the ex­ under, and that many cities and con­ 103.168—May IT. 1870—Fulton and Brace tractors arc regularly paying royal­ 103,189—May 17. 1870—Fulton and Brace up when the year had expired, and penditure of $10.000 for the plant. BIRTHS. ties for the use thereof, and that if 108,582—May 31, 1870—K. J. De Smedt these especially we dislike to notify —4— "Most of the opposition to both thf complainant can receive protec­ 104,325 ___ —June ___ 14, 1870—Leverich and To Mr. and Mrs. Leslie H. Combs, that they must either settle up or the bond Emery issue of $1250.000 for the tion against alleged infringes of said their names removed from the 5727 Seventieth, September 21, a son. have 115.475 — May 80. 1871—W. W. Hubbell Columbia Highway paving in 1915 Letters Patent, that the same would But there is no other way, and To Mr. ami Mrs. Albert P. Mum- list, 115,887—June 13, 1871—William II. Parison ler, 9742 Sixty-fifth, September 25, a such being the case we earnestly and the $<>.000.000 issue for state be of much value to complainant, and 122,497—Jan 2. 1872—W. H. Smith trust that none will take offense at paving in 1917 came not from per­ that large profits whatsoever, would 122.591—Jan. 9. 1872—Samuel Filbert daughter. . To Mr. and Mrs. Lewis Von Klein, receiving such peremptory notice. sons opposed to good roads, but to thereby accrue to said complainant. 124,620—March 12. 1872—A. H. PaPrkina This defendant further answering 125,798—May 20, 187»—George L. Eagan ttib East Fifty-fourth. September 24, Newspaper publishers are also pro­ hibited from sending oft giving out the paving mohopoly which exacted denies, on information and belief, 139.848—June 17, 1878—N. B. Abbott a son. ■ that since the acquirement by the 163,894—April 30, 1875—Leo To Mr. and Mrs. Charles H. Tracy, any free papers. Such is tne govern­ double prices for pavirig work.” One.of th.c explanaiions for high complainant of its alleged rights un­ 169.005—Oct 19. 1875—Jonea Jr., o028 Sixty second avenue. Sep­ ment ruling, and to such we must price* offered by tWe pavhig concern obey. der said Letters Patent, said com- 174,643—March 14. 1876—A. Van Camp tember 21, a 'laughter. * No. 40 WELL KNOWN LABOR MAN SEEKS COMMISSIONERSHIP Oscar W. Horne, well-known or­ ganized labor leader, has formally announced his candidacy for City Commissioner. The Central Labor Council has already pledged its sup­ port. "In making public my purpose to seek the office of City Commission­ er,” said Mr. Horne, “I do so feeling that my wide experience in general construction, sewer work and build­ ing of roads makes me exceptionally well qualified to occupy a seat on the City Commission.” Mr. Horne served as State Repre­ sentative during the 1915 session of the Legislature, introduced many la­ bor bills, and was chairman of the committee on labor and industry. He was renominated as Representative in the primaries last May. He is a member of the Bricklay- ~ ers’ Union, Local No. 1, of Portland, and has served as district president for the Northwest for the Interna­ tional Bricklayers Union four years and was president of the Central La­ bor Council in 1892. LENTS BOY GIVES AID IN PATRIOTIC EFFORT J. La Johnson, who contributed to the success of the memorial service by correcting the list of names on the Honor Board, sends the follow­ ing acknowledgment to The Herald "As I was late getting through with the names on the Honor Board, I left the names, as requested, with Mr. Peterson, but Saturday evening added two more names, Jesse Farns­ worth and Fred Dozier, two Gilbert boys, to the list. I would like to pay a tribute to a boy who gave me his name as "Lucky” (Zook, who did everything he could to help me and did it in a clean loyalty to those names and their work. All honor to him as an American boy.” 176.360—April 18, 1876—8. R. Scharf 206.426—July 20, 1878—Andrew B. Dean 283.329—Aug. 14. 1883—W T. Cutter 302,679—July 29, 1884—J. E. Wynkoop 330.196— Nov. 10. 1885— Anni L. Barber 325.718—Sept. 8, 1885—J. E. Wynkoop 330.197— Nov. 10, 1885—Amii L. Barber 375,273—Dee. 20. 1887—E. J. De S+medt 381,667—April 24, 1888—G. A. Bayard 394,126—Dee. 4, 1888—Wm. C. Murdock 408,250—Aug. 8. 1889—Wai. C. Murdock 429.117—June 2, 1890—D. 0. Cruigur 465,650—Dee. 22, 1891—W. 9. Wilkinson 514.045—Feb. 6, 1894—Charles H. Slicer 607.884--- July. 26. 1898—Clifford Richardson 675,430—June 4. 1901 — Fred J. Warren 675.694—June 4, 1901—8. Whinery 683.056—Rept. 24, 1901—Malette h Seybolt «12.7*4—Mara* M. 1871—X. B. Abbot: British Letters Patent. 379—1879—King 610—1872 771—1872 889—1872 996—1854 2.909—1882—Thompson 1,315—1871 1.568—1873 1.748—1871 1,940—1873 5,652—1828 13,168—1900—Ward t Printed Publications. A treatise on Highway Construction, by Austin T. Byrne, published by John Wiley A Sone, New Yorh. 1893. Street Pavements and Paving Materials, by George W. Tillson, published by John Wiley k Sons. New York. 1900. Transactions of the American Society of Civil Engineers, Vol. 35. page 70 et set).. Article No. 772. A treatise on Roads, by Q. A. Gillmors, published by Van Noetrand Company, New York, 1896. Road Making and Maintenance, by Thom­ as Aitken. Specification No. 62. for Street Paving, Etc., published by the City of Loe Angeles. 1898. L'Asphntte, by Leon Malo, published by Baudry A Co., Paris. 1888. Report taken from tbe Royal Technical Experimental Institute, 15th year. 1897, Vol. II. pages 88 92 to 96. published by Julius Springer, to be found at Crerar Library, Chicago, Illinois. Knight's Mechanical Dictionary, Edition 1880, definition of Asphalt Pavement. Definition of Asphalt Pavement in Ward's British Patent of 1900. No. 13,168. Work of Thomas Potter on "Concrete.'' published in 1891. Vol. 1. pages 35 and 36. Work of G L. Sutcliffe, entitled "Con crete. Ita Nature and Uses. * published in 1893, page 135. Work of Dobson, entitled "Foundations and Concrete Works," published in 1891, in Weales Rudimentary Series, page 40. Scientific American Supplement No. 993. Jauuary 12. 1895. page 15867, article by Ernest L. Ransome, a leading expert an thority on the subject of concrete. Scientific American Supplement Na. 997. February 9, 1895, page 15933, article by Spencer B. Newberry, authority on concrete. French Work, entitled "Etude des differ ents Genres de Parages," by H. Bernard, published in PaPris in 1898, pages 130 and 131 and illustrative cuts. Encyclopedia Brittanies, Vol. 22. 9th edi­ tion. page 597, et sea. published in Phila deiphis by J. N. Stoddard Co.. Ltd., 1886, article entitled "Roads and Streeta." Excessive Prices Charged. This defendant further answering avers that it has no knowledge, in­ formation or belief, save by said bill of complaint, that said complainant has been and is willing and able to make, construct and lay, for and to the use of this defendant, the City of Seattle, all such pavements and road­ ways as this defendant may require, in accordance with the alleged im­ provements of said letters patent, and as to such matters leaves com­ plainant to make due proof thereof, defendant averring, however, in this connection upon information and be­ lief, that if said complainant is either able or willing to construct and lay such pavements for this defendant, it would only be at prohibited and unconscionable prices and without any right or justification upon the said City of Seattle or its officers to authorize or accept as to payment. Double Patenting Alleged. This defendant further answering (Contiuued on page tour)