14
NEWS
PROFESSOR—Ph.D.—Research man, P r o t e s t a n t . Desires position as teacher of analytical, inorganic, or agricultural chemistry. Now employed southern university. Ten y e a r s ' chemist in agricultural experiment Station. Taught analytical cîaemtstx-y 10 years. Moderate salary. Age 43, references. Publications. Address " B o x 1 3 - T - 0 7 , " care Ind. & Eng. Chem., Easton, Pa. R E S E A R C H chemist: P h . D . from Columbia University. 1929; age 32, Christian; Organic major, tra-ining a n d experience in analytical inorganic and organic chemistry; also tvioclierrxistry a n d bacteriology; teaching and research experience; desires iresearcfci position, or teaching and research. References, available immediately. Address "Box 16-N-OS," care Ind. & Eng. Chem., Easton, Pa. R E S E A R C H chemist: P h . D . U. o f 111., 1922, Organic major, analytical and physics minors, age 36. Seven years* experience teaching physical chemistry, doing and directing; research i n surface tension, adsorption, emulsions, anesthetics, permeability, and spectrum analysis with biological applications. Salary $2700. -Address "Box 10-T—06," care I n d . & E n g . Chem., Easton, P a . W H I C H concern wishes to entrust, direction of i t s research activities in applied organic chemistry t o practical and. experienced scientist of outstanding technical achievements? N o w studying new developments abroad. Available as convenient. Ad-dress '"Box 2 1 - N - 0 7 , " care Ind. & Eng. Chem., Easton, Pa.
Business
Opportunities
R E P R E S E N T A T I O N is solicited by a responsible manufacturer of thermometers, hydrometers, oil-testirx.g instaruments, and special scientific testing apparatus on lucrative basis. Excellent opportunity" for those desiring distribution of our products e i t h e r as a side line or w e will arrange complete representation to those earnest to succeed. Address "Box 31—N—04," care Ind. & E n g . Chem., Easton, P a .
For
Sale—Miscellaneous
CEEMJCAL R E S E A R C H P E R I O D I C A L S . Complete s e t s , volumes or single back copies of C H E M I C A L A N D P H Y S I C A L M A G A Z I N E S FOR SALE. P l e a s e send us list of D e s i d e r a t a . W E BUY S C I E N T I F I C MAGAZ I N E S . Address " B . Login &; Son I n c . , " 2 9 East 21st S t . , New York. W A N T E D : Volumes 1-4 inclusive, bound or unbound, in good condition a n d Vol. 5, No. 1 of Chemical Reviews. Address: " J o u r n a l of Chemical Education," T h e J o t m s liopkins University, Homewood, Baltimore, Maryland."
Construction News Chemical The Standard Wholesale Phosphate Co., Continental Bldg., Baltimore, Md., manufacturer of chemical specialties, commercial fertilizers, etc., has plans under way for an addition to i t s plant a t Williamston, N. C , t o be one-story, 125 X 300 ft., reported to c o s t more than ?100,000, including equipment. T h e new u n i t will practically dixplicate the present mill, and will be equipped for a capacity of about 1500 t o n s of material per month. I t is expected t h a t work will begin at a n e a r l y date. George A. Whiting is president; C. G. Crockett is plant manager at Williamston. The Carbide and Carbon Chemicals Corp., 30 East Forty-second St., New York, Ν. Υ., has approved p l a n s for a. new branch plant a t 130 F a i r Oaks Ave., Madison, Wis., to b e one-story, r e p o r t e d to cost approximately 535,000, including equipment. C o n t r a c t for building only has been let t o J. H. Findorff a n d Son, 601 West Wilson S t . , Madison, a n d work on t h e super structure will soon begin. The General Chemical Co., 3 5 0 Abbott St., Buffalo, Ν. Υ., has taken out a permit for a one-story a d d i t i o n toits -plant, estimated to cost approximately $28,000, including equipment, and will start work a t once. Headquarters are a t 40 Rector St., New York, Ν. Υ". The Celanese Corporation ofAtnerka., Inc., Amcelle, near Cumberland, Md., has completed plans for t h e erection of a new unit at i t s rayon mill, to be three stories, reinforced concrete, e q u i p p e d as a solvent recovery plant for ex pansion in this division. I t i s estimated t h a t t h e cost will be approxi mately 5160,000, including machinery- F. X . Small is the company engi neer. P l a n s are also m a t u r i n g for a n o t h e r addition to t h e plant, to be one-story, estimated to cost approximately 540,000, including equipment. Arthur F i t c h is manager a t t h e mill. The International Agricultural Corp., 61 Broadway, N e w York, Ν. Υ., manufacturer of chemical specialties, fertilizer products, etc., h a s closed negotiations for t h e purchase of a tract of about 20 acres of land in the College Hill District at Texarkana, Ark:., as t l i e site for a n e w branch mill, for which plans will be drawn at a n e a r l y date- T h e initial unit will be one story, 140 X 300 ft., and is reported to cost more t h a n 5125,000, including equip ment. I t is proposed t o erect other u n i t s at a later d a t e . The Plough Chemical Co., 1 2 1 S o u t h T h i r d St., Memphis, Tenn., will take bids a t once for the erection of a proposed new plant on the E a s t Park way, near Fairgrounds, t o be five stories and basement, brick, steel, and rein forced concrete, reported to c o s t in excess of $750,000, including machinery. Bids will be asked by H a n k e r & Cairns, 125 South Court St., Memphis, architects; Jackson a n d Moreland, X32 S o u t h Second St., Memphis, are engineers. Abraham Plough h e a d s tixe company.
P u l p a n d Paper The Kimberly-Clark Co., N o r t h Commercial St., !N"eenah, Wis., manufac turer of commercial papers, n e w s p r i n t , etc., has approved plans for an ad dition to i t s local mill, c o n s i s t i n g of a four-story unit, 105 X 123 ft., reported to cost approximately $100,000, including machinery. Contract for building only has been let to C. R . M e y e r &Sorzs Co., 50 State St., Oshkosh, Wis. The Pacific Coast Pulp àf Pai?er Corp., Richvale, Calif., organized a number of months ago to m a n u f a c t u r e paper products., using grapevine waste as α source of r a w material for pulp supply, has approved final plans for t h e initial mill units and will proceed w i t l i the superstructure a t an early d a t e . The work will consist of a m.sin one-story m a c h i n e room, 60 X 225 ft.; two-story beater department, 75 X 120 f t . ; a n d one-story power house, 50 X 90 ft. T h e plant is estimated t o cost approximately 5400,000, including machinery.
EDITION
Vol. 7, No. 15
The Brown Paper Mill Co., Inc., Monroe, Ea., manufacturer of kraft wrapping papers, etc., has plans in progress for the erection of an addition t o its mill a t West Monroe, designed t o double the present capacity of about 200 tons per day. T h e work will consist of several units for sulfate-pulp manufacture and paper-making, and is reported to cost upward of 54,000,000, including machinery. I t is proposed to begin work in September, aud t o complete t h e project early next summer. A list of equipment to be installed, is being arranged. H. L. Brown is president. George F . Hardy, 309 Broadway, New York, ÏSJ". Y., is consulting engineer. It is understood t h a t bids will be asked from the last-noted office.
Petroleum The Standard Oil Co. of Louisiana, Baton Rouge, La., has authorized plans for extensions and improvements in its local oil-refining plant, consisting of a complete new operating unit, which will approximately double the present capacity. The boiler department will be extended, as well as the storage a n d distributing division. The entire project is reported to cost more t h a n 55,000,000, including machinery. Ό. A. Weller is president. The Continental Refining Co., Oil City, Pa., is considering the early r e building of a portion of its plant near the c i t y limits destroyed by fire, J u l y 19, with loss estimated in excess of $175,000, including equipment. I n addition to the main refining unit, the filter plant and wax by-products plant were damaged. Reconstruction will cost approximately the a m o u n t of t h e fire loss. The Humble Oil and Refining Co., Houston, Texas, an interest of t h e Standard Oil Co. of New Jersey, 26 Broadway, New York, N . Y., lias a p proved plans for extensions a n d improvements in its refining plant a t Baytown, Texas, including the installation of machinery for a new hydrogénation process developed by the parent organization. The work is estimated, to cost upward of Si,500,000, including; equipment.
Miscellaneous The American Beet Sugar Co., Steel Bldg., Denver, Colo., has completed plans and will begin work on the superstructure for a new unit at i t s mill at Rocky Ford, Colo., t o be one-story, 40 X 145 ft., to be equipped for beet-pulp drying and kindred operating service, reported to cost approximately $90,000, including machinery. The Forbes Leather Co., care of Olsen and Urbain, 228 North La Salle St., Chicago, 111., architects, has plans under w a y for the erection of a new twostory, brick plant at Van Buren and T a l m a n Sts., reported to cost approximately $65,000, including equipment. The architects noted are in cbiarge of the project. The Spaulding Fibre Co., 124 St. Clair Ave., Cleveland, Ohio, manufacturer of fiber tubing, rods, sheets, etc., is having plans prepared for an addition to its local mill, consisting of a one-story, brick and steel unit, 100 X 100 ft., estimated to cost approximately $75,000, including equipment. It is understood t h a t bids will soon be asked on the general contract. McGarry and McGarry, 241 Euclid Ave., Cleveland, Ohio, are architects. The Oakex Co., Eureka, Calif., manufacturer of tanning extracts, i s planning t h e early rebuilding of the portion of its mill in T a n Oak County recently destroyed by fire, with loss reported in excess of $80,000, including equipment. The Bent Concrete Pipe Co., Grosse Bldg., Los Angeles, Calif., manufacturer of reinforced concrete pipe of large diameter for sewers, etc., h a s concluded arrangements for the purchase of a t r a c t of a b o u t 10 acres of land a t West Dallas, Tex., as a site tor a new branch plant. The project will comprise several units, reported το cost approximately $100,000, including equip ment. T h e company is now operating a plant at F o r t Worth, Tex., and this will be continued in service, as heretofore. The Girard Smelling and Refining Co., Tioga and Richmond Sts., Phila delphia, Pa., has plans in progress for the construction of a new one-story metal-refining plant at Milnor and Bleigh Sts., estimated to cost approxi mately $140,000, including equipment. H . B. Tobias, Otis Bldg., Phila delphia, is architect and engineer, in charge. The Medusa Portland Cement Co., Engineers' Bldg., Cleveland, Ohio, i s planning the construction of a new mill o n a site selected at Charlevoix, Mich., to consist of several units, with power house, machine shop, and auxiliary mechanical structures, reported t o cost more than $2,500,000, including equipment. The p l a n t will be equipped for an initial output of about 1,200,000 barrels per a n n u m . E. J . Maguire is secretary. (The company is arranging for a merger with the Newaygo Portland Cement Co., Newaygo, Mich., and t h e Manitowoc Portland Cement Co., Manitowoc, Wis.) The Mohawk Rubber Co., Akron, Ohio, is having plans completed for a new three-story and basement addition to i t s mill, to b e about 80 X 100 ft., reported t o cost in excess of $100,000, including machinery. Henry & Murphy, Second National Bank Bldg., Akron, are architects. S. S. Miller i s president.
Magazines Classified by Subject T h e Business Branch of the P u b l i c Library of Newark, N. J., has compiled a list of the 500 business magazines which it re ceives. T h e classification has been made b y subjects, which run from accounting to window display. I n the last pages of the list, t h e full titles of t h e 500 business magazines indexed i n the classified section are given alphabetically, but w i t h o u t t h e addresses of t h e editorial offices. I n making t h e compilation, which is a revised and enlarged second edition, the object h a s been t o provide lists of magazines for t h e business m a n so t h a t h e m a y know where t o find t h e most recent discussions of points which may be of especial in terest to him. T h e Branch Library, 34 Commerce St., Newark, N . J., offers to send copies of t h e list to those interested.
Amalgamation of F r e n c h Stearic Acid Manufacturers One of t h e largest pressers of stearic acid in France has joined with several other smaller manufacturers to form an association, the p r i m a r y object being t o standardize production and sales, according to t h e D e p a r t m e n t of Commerce. French stearic acid pressers thereby expect to place themselves in a more favor able position t o m e e t foreign competition. The association claims t h a t oleic acid, t h e companion p r o d u c t of stearic acid, pays a n i m p o r t d u t y of 15 francs, whereas foreign vegetable oils imported for pressing purposes are assessed double this amount.
August 10, 1929
INDUSTRIAL
AND ENGINEERING
CHEMISTRY
15
The "Patent Club" Decision
Recent Appointments at Mellon Institute
In t h e beginning, the Standard Oil of Indiana and the Texas Co. owned, respectively, the Burton and the Adams patents for cracking oil under pressure; and they decided to get together, exchanging licenses. Later, they were joined by the Standard Oil of New Jersey and the Gasoline Products Co. This was the " P a t e n t Club." I n 1924, the Government started a suit against these four as "primary defendants" and forty-six others, mostly licensees, as ' 'secondary defendants." The suit was on the theory "that there was an agreement in restraint of trade; that under the cloak of a lot of patents, some of which were invalid and secured b y fraud, there was a conspiracy which would boost the price of gasoline. Some seventy-seven patents were involved in the agreements between the parties defendant. The suit was given t o a master, Mr. Martindale, to hear. After a record, which threatened to deplete the supply of white paper, had been piled u p M r . Martindale rendered a report, December 6, 1926, exoner ating everyone and holding the patents valid en bloc. Martindale held t h e Government not entitled to the injunction asked. A special court in Chicago, by a majority opinion handed down June 11,1929, has reversed Martindale on most points; Judge Evans and Judge Page signing the majority opinion, while Judge Anderson dissented. The allegation made by the Government that the Adams p a t e n t s were obtained by fraud was not sustained by Martindale and t h e court affirmed Martindale on this point. The court held that i t would not disturb Martindale's finding of validity as to the patents involved ; but for the purpose of suit it would con sider them not basic or pioneer, as covering improvements only and t h a t all claims should be construed accordingly. The Government's position was t h a t the ''Patent Club" agree ments tied together a bunch of narrow patents in such a way as to accomplish a restriction of trade, which no one company could have secured. With this contention, in a measure, the court con curred. It held t h a t the "right to enjoy a patent monopoly carries with it certain rights incident thereto. Among them are t h e right to royalties, to grant licenses, as well as the right to handicap competitors by withholding licenses. * * * * * But the owner cannot, merely because of his ownership of a patent, enter into a n agreement with another party, perhaps also the owner of a patent, which has for its object or its inevitable result, the bur dening of commerce or the lessening of competition beyond the limits of the patent monopoly.'' Going into the seventy-nine contracts in existence between the parties defendant, the court took exception to the blanket ac knowledgment of validity of patents which they carried; some of these acknowledgments being of the patents not yet applied for o r issued. I t said:
The following appointments have been trade a t Mellon Insti tute of Industrial Research, Pittsburgh, Pa., during the current calendar year:
The a g r e e m e n t which was made August 26th, 1921, protected patents from a t t a c k which, might be issued as late as J a n u a r y 1st, 1937, and which would n o t expire until 1954. Such agreements cannot be sustained. While a patent is presumptively •valid, m a n y of them, although duly issued, are invalid for various reasons. T h e public, in whose interest the patent laws are enacted (Kendall v. Winsor, 2 1 H o w . 322) is ordinarily protected against the burden of such void patent g r a n t s by the action of competitors of the patentee who, prompted b y mo t i v e s of self preservation, refuse to recognize these void p a t e n t s and thereFore successfully contest them. T h e public is thereby relieved of the b u r d e n which their existence entails. By ttxese clauses of Agreement 31 and similar clauses in t h e other agree m e n t s , t h e parties purchased immunity from attack on their patents. Tying t i i e h a n d s and sealing t h e lips of the only parties who would ordinarily stand s u i t a n d contest the validity of t h e patents, the primary defendants at t e m p t e d to fasten on t h e public burdens which it was not the purpose of the p a t e n t l a w to impose. Such agreements violate the letter and the spirit o f the p a t e n t law and a r e contrary t o public policy. The far-reaching con s e q u e n c e s of such agreements are illustrated by the present case.
The court held t h a t the existence of this system of licenses and cross-licenses constituted a pooling agreement between the holders of t h e patents whereby royalties were fixed and the di vision of proceeds provided for was within the condemnation of t h e Sherman Anti-Trust Law. And it went further, holding that t h e amount of gasoline produced under these agreements was so large a percentage of the total as to affect the market price of gasoline. The court was impressed with the idea that each of the primary defendants had its own process and none used the processes of the others, while an independent producer could hardly engage in making gasoline by cracking without infringing one or other of t h e four. Therefore, the holders of the patents in fixing royalties by agreement are, in effect and for all practical purposes, "enter i n g into an agreement to fix prices," the royalties fb?ed being "a substantial part of the cost of refining." The court therefore, by the majority opinion, held the Govern ment entitled to the injunction for which it asked, dismissing, however, the fraud charges. Judge Anderson, in his minority opinion, stated t h a t he believed the master's report should be approved and a decree entered, dismissing the Government's bill.
SENIOR INDUSTRIAL FELLOWS
O. J. Cox, utensil multiple fellowship. This fellowship was established three years ago for the purpose of studying the ma terials used in the construction of cooking utensils. Before accepting this position Doctor Cox was associate in physiologica.l chemistry at the University of Illinois. Η , . B . Meller, smoke and dust abatement fellowship. T h e Institute's previous in vestigations (1911-14, 1923-24) in tfris field received such wide recognition that the work has been resumed. Mr. Meller was director of this work during 1923-24. INDUSTRIAL FELLOWS
J. D. Alley, steel treatment fellowship. He has recently been engaged in a study of cast-iron products at the Institute. R. F. Beard, carbonated beverage fellowship. Before taking his doc torate he worked for several years in t h e field of cereal chemistry. H. G. Botset, petroleum production multiple fellowship. Before going to the Institute he was engaged in industrial work. Mary I,. Dodds, industrial fellow on the utensil multiple fellow ship. She was previously engaged in work: on surgical supplies at the Institute. A. W. Johnson, rosin oil fellowship. Before accepting this fellowship he was instructor in chemical engineer ing at the University of Pittsburgh. T. H. LeCompte, hemp paper fellowship recently established for the purpose of studying this phase of paper technology. Prior to his appointment to this fellowship he was engaged at the Institute in a study of fur felt-hat manufacture. A. G. Loomis, petroleum production multiple fellowship. Before going t o the Institute he was a member of the staff of the Bureau of Mines, Pittsburgh. R. R. McClure, pigment fellowship. He was previously engaged in industrial work. S. U. McGary, petroleum production multiple fellowship. E. W. Morrison, food container fellowship estab lished for the purpose of studying certain phases of the manufac ture of viscose sausage casings. Before receiving his doctorate he had been engaged in industrial work in bacteriology. Beaure gard Perkins, Jr., petroleum production multiple fellowship. Before going to the Institute he was assistant professor of physics at Louisiana State University. P. F . Siegrist, Portland cement multiple fellowship. Before going to Pittsburgh he was engaged in industrial work. J. T. Stearn, scales multiple fellowship. He was previously in industrial work. L. W . Vollmer, petroleum production multiple fellowship. He was previously engaged at the Institute in work on cast iron technology. V. S. Wrenn, denial multiple fellowship. Before going to the Institute he was a bacteriologist in the Veterans' Bureau at Cincinnati. J. L. Young, heating fellowship. He was previously engaged in research on pyrometry at the Institute. FELLOWSHIP ASSISTANTS
J. R. Adams, petroleum refining; C. N. Bowers, petroleum production; S. M . Cooper, petroleum refining; F . K. Gallagher, petroleum production; Dorothy Hamilton, smoke abatement; S. R. Hathaway, sleep; Eleanor M. Jones, smoke abatement; J. A. Satosky, carbon black; W. F . Speer, edible gelatin; Mary E. Warga, smoke abatement; Helen B . Wigman, utensil; C. G. zur Horst, petroleum production.
Obituary Edward Dwight Kendall On July 29—five months before rxe had rounded out his 99 years—Edward Dwight Kendall died at his home in Elizabeth, N. J . He was born on December 5, 1830, in Florida, Ν. Υ., and was the son of Seth Holbrook and Anna Wemple Kendall. He studied chemistry in the Lawrence Scientific School of Har vard University, graduating with the first class of that school. He was one of the youngest in his class and was lecturing on chemistry at sixteen. H e carried on chemical research in Boston and Brooklyn for a number of years and in that capacity, a s well as examiner of mine prospects, his travels carried him to Mexico, South Africa, and elsewhere. H e was highly regarded by the members of his profession. He wrote articles on chemistry for magazines and textbooks from time to time. He is survived by his widow. The Bureau of Mines in cooperation with the University of California has prepared a diagram for predicting chemical condi tions under which zinc ores can be directly reduced to liquid metal.
