The San Francisco Call. Newspaper, December 21, 1896, Page 5

/ . sorbed in his dentistry work that he - order to compete with the Taber gallery, THE SAN FRACNISCO CALL, MONDAY, DECEMBER 21, 1896. STRANGE TURN IN A PATENT SUIT Three-Cornered Claims to a Photographic In- vention. | | - | Marceau Alleged to Have Se-| cured a Patent by Illegal Means. George A. M:yer Asserts He Is the | Real Inventor of a Certain Fas-Relief Process. i ; | A rather unexpected and sensational turn has been given to the suit filed by I. | W. Taber against Theodore C. Marceau in the United States Circuit Gourt for alleged ir ement of a patent in connection making of bas-relief photographs. was instituted about three mo 0, the main never been before the court. dock and J. H. M | Notes That Will | night. soon hit upon a successful process, and the remainder of the story is best told in the preceding sworn statement. Meyer has been in the employ of Mar- ceau ever since Marceau adopted his method. His attention was entirely given to the manufucture of bas-relief the method which he photographs by 1 In view, how- claims to have invented. | ever, of the turn which matters have now taken Meyer will probably not again set foot in the Marceau galler; THE THEATERS TO-NIGHT. Interest Those Who Are Desirous of Going to the Playhouses This Evening. The great attraction at the Baldwin Theater | this evening is Palmer Cox's Brownies, those funny little people that during tne past few nights have proved such an attracton. The Frawley Company. which has just re- turned from Honolulu,will open at the Colum- bia Thester this evening in lie Railroad of Love" This is said to be & comedy of much merit. “The Cricket on the Hearth” is the sttrac- tion announced by the management of the Aicazar Theater for to-nignt. Itisa play that is always interesting and ought to draw well. She,” dramatized irom Haggara’s great novel of thet neme,is to be offcred at the Grand Opera-& this evening. It is to be put on with special scenery and new cos- tumes. “Jack and the Beaustalk” is what the pa- trons of the Tivoli Opera-house will see to- It is = Christmas piece, that with scenery, fine costumes aud good music is atiractive. Aflying ballet and a graud-opera ballet is 1l atract at the Orpheum this even- add to & number of strikingly sriginal specialties by first-class artists. At the Huight-sireet Recreation grounds GEORGE A. MEYER, Who Claims the Invention of an Important Photographic Process. complainant and John L. Boone is they lega! representative of the defendant. One of the most stringent rules in con- nection with the granting of patents is | ihat requiring the applicant for the patent | to be the actual inventor. The complain- | ant in this suit now claims to have made the discovery that Marceau, in whose name the alleged infringing patent stands, | is not the real investor, and that there- fore his patent is void and that he has been guilty of forcery. The attorneys for | Taber even go furtber, and declare that| the real inventor is George A. Meyer, at present in the employ of Marceau. In support of their claims they will pro- duce a sworn statement from Meyer in which the latter claims that the Marceau | patent was obtained on the invention which he submitted to his employer, and that he allowed his rights to be interiered with becanse he did not at the time real- ize the value of his invention. Meyer’s sworn statement is as follows: The way I first learned of bas relief photo- graphing is as follows: I was at Strong’s and there will be a new attraction—rolling down the chutes on a barrel; and in the Casino there will be skating en v view irom the animatoscope every fifteen minutes. Professor Gleason, the well-known horse- tamer, will present an attraction at the Circus { Royal. It will be an exhibition of his meth- | ods and powers 11d horses. The Bush-street Theater will reopen to- night when the “Queen of the Plains” wiil be presented, with Kate Pursell in the leading character. Miss Pursell will appear as equestrienne. MDVOCATES TEMPERMICE Rousing Rally of the League of the Cross at St. Peter’s Church. | Ld o There was a rally of the members of the Mr. Marceau came there {0 get Strong to de- vise some method or process by which to make photographs in relief. Strong tried for quite 2 while, but was unsuccessful. Strong is a mem ber of the firm of Bolton & Strong, photo- engravers. I bad my wife make a blue print from s negative ai novn. 1 made a plaster of Paris slab that night, engravea the slab and em- bossed the photograph that same night. first attempt was successful. The pext mo; ing I took it down to the shop and showed it to three or four of the boys. At noontime I telephoned to Marceau inquiring if he would | e to sce me in regard to raised photegraphs. went that night to see Marceau, but I did not have the photograph with me. Isimply spoke of it to him. and he told me to bring the pho- | tograph around to him the following day, and | in accordance with this request I brought him the embossed blue print the next day. He appeared very giad to see it and said it was the very thing he was looking for. He gave me a negutive, 50 as to see if I could make a bas relief from one of his own uegatives. I returned him the completed embossed photo- graph the next day. Then for 1wo or three days we were fussing over it—what to do and wiat he was to give me. We finaily decided that I was to work for him for a salary. When I was there two or three weeks he made me sign a paper. signed the paper and continued to work for him. The paper, as farasIread and under- stood it, was that I was to work for 80 much a week to perfect an invention of Theodore C. Marcean. Marceau did not have an invention of this kind to my knowledge, although he had had learned after I was there. I was in which I his empioy & short time when hie spoke about | our geiting out & patent on this particular in- vention. He spoke in such & way that I thought he was going to do something for me in that way. Healways said we were going to get outs patent, and I thought he was going 10 benefit me. 1did not know when he file the application for the patent. The only time be spoke to me definitely about the patent was when he showed me a telegram that the patent had been issued to him. . Iheve always comsidered this my own in- vention. Iwastoldso by every one who saw me do it. My invention consists of mak-| ing a plaster of Paris slab and cutting out | the outline of the photograph ona printand | putting it on the piaster of i’aru cast and e graving from that, then registering and em- bossing it. 1 always considered myself the first in- yentor of this particular process, and I gave Mr. Marceau Do authority to procure & patent in Marceau’s name. 1did not know that Mr. Marceau had procured a patent until Mr. Mar- tesu showed me & telegram announcing tne fact that the patent aliowed. It wasthree montis after I wes there before he spoke con- fidentially of us getting # patent. At the time that Mr. Marcean showed me the telegram an- nouncing the granting of the patent I did not .then make any move esserting my rights for ,the reason thatl was upder the impression that I could do nothing mgainst the patent that had been granted to him. I did not know 1o the contrery until within the last few days. Mr. Meyer is a dentist by profession, and when called upon was quite diffident in spesking of the subject of his inven- tion. He explained his’ silence hitherto by confessing that he was =6 much ab- thought little of ihe value of his photo- raphic bas-relief invention at the time. f-h stated that he had beard that Marcean Wwas trying to secure such an mnvention in and he set about experimenting with ma- terial which he was accustomed 1o handle others working for him to make this for bim, | { League of the Cross held yesterday after |noon at St. Peter's Church, which was llnrgely attended, and a number of new | members were added to this iarge band of | youths who have pledzed themselves to temperance. Tie meeting was for the | purpose of keeping up interest in the membership and the admission of new | members. | _Thomas Curtis presided at the meeting. { The programme was as follows: | Opening hymn, ‘“Veni Creator”; imstru- | mental solo, Professor Scheeremsteine; vocal s0lo, Master Canavan; recilation, Master Charles Campbell; vocal solo, Master Casey; recitation, Master M. Callaghan; National | bymn, “America’”; cornet solo, “Holy City,” Frank Lycett; addressof the aay, Joseph E. O'Donnell; remarks, Father McDonald, spir- itual director: vocal solo, Master Millward; comic song, Richard Bellac; song, Master Goitnix; remar] y the spiritual director of the league, Rev. Father O'Ryan. The most prominent feature of the meet- ing was the address by Mr. O'Donnell, which Father O'Ryan complimented as b2ing *“‘masterly.” The young lawyer elo- quently urged upon the boys to form havits of temperance, and form self-contro! now in the days of their youth, which is the molding time of character, He | warned them of the strong temptations to | come, and arduous duties to be perform « |in _ their approaching manhood, and pointed out the need of preparaion to meet them while the mind and heart are young and plastic. He explained to them that one of the great benefits of the league was that in friendly association they could encourage each other to lead lives of virtue. The company a boy keeps has a powerful influence in determining whether his manhood will be zood or evil. The assistance given to the mnsical part of the entertainment by Miss McAleer and Brother Hosea as accompanists was much appreciated. Last of all, a row of little boys stood in line and, holding their right bands up, solemnly vledged themselves to total abstinence till 21 years of age. ———— EKnights of Honor. Norman Lodge has elected the following offi- cers: N. H. Hirschfeld, P. D.; G. W. Harlow, I F. W. Kotemsu, V. D.; G. W. Murphy, Gans, R. (sixteenth term): P, J. Tl O cbrie, T F . Biols, Silpany Sawtelle, G.: F. Wilkins, guide: A. Selig. sentr: Union Lodge has elecied the following-named for the ensuing term: J. H. Riley, P. D.; G. Henry Manuing, V. D.! Captain J. G. A. D.; Charles G. Shaer, R.: G. J. Vincent, K.; H. A. Steftens, T.: &, . Balk, chaplatn; T. » Smith, guardian c amed : Joha A Cerroll, . D3 Cari Waht, DS Sames Gatrod, V. D.: Robert Sands, A. D.: John J. Berau, R.: Al Strohmeler. F. R.: A. Morris, T.: Ernest Thyes. M. Schiegeimilch, G.; Ouo Bchoenwald, Davis, 8.: 0. Schoen- wald, K. Th! ees. Nutting, sentry. Stanford Lodze has elected the following- —— ReEMEMBER the grand Christmas sale of high grade bicycles takes place at 33 and 35 Main street, San Francisco, on Tnesday, December 22, at 11 A. M. Remember that every wheel is guararteed by the Robert Maicom Comvpany, 735 Market street, wholesale and retail dealers in bicycle materials of every description, in connection with his profession, He | Fisher & Co. an | Wul E.! C Zapeeet as Seyero . RABBI NIETO HONORED H: Is Re-elected by Congrega- tion Sherith Israel for Three Years. Cintor Davis Is Also Unanimously Chosen—Both at Increased Salary. An extraordinary general meeting of the Congregation Sherith Israel was called by the president and board of trustees for vesterday afternoon at the vestry:rooms, corner of Post and Taylor streets. There was a full attendance of the congregation and of the committees. After the attention of those present had been given to matters of routine business the principal affair of the day was pro- ceeded with. Consideration was given to the question of the election of a rabbi and cantor. It was proposed, seconded and unanimously carried that the Rev. Dr. TES R 19 The Italian Philharmonic Society received an ovation at the New Bush- street Theater last evening. The occasion was the singing by that aggregation + of local artists of Donizetti’s masterpiece, “Polinto.”” Th# rendition was an artistic success, and the theater was packed with enthusiastic lovers of music. The leading parts were taken by Miss M. Coleman, soprano, as Paolina; L. Giorgi, tenor, as Poliuto; L. Delucea, tenor, as Felix; C. Zapelli, barytone, as Benerus; C. Vitaline, basso, as Cailisthenes; D. Valerga, tenor, as Marco, and A. Biagi, tenor, as A Chris:ian. Much of the success of the production was due to the unusually strong and well-trained chorus. This comprised Misses L. Spadina, alto; T. Casassa, alto; A. Spadina, alto; T. Needham, alio; D. Lombardi, J. Murphy, J. Lenormand, T. Guinasso, E. Montrichard, M. Croni K. Talbot, L. Talbot, I. Butlach, M. Buckley and A. Biagi, E. Merani, C. Bolis, C. Bianchi, C. Caseili, F. Di Grazia, C. Frances- chini, 8. Lazzarini, C. Maccono, A. Petri, G. Rigassi, F. Scatena, A. Alborelli, A. Daniele, C. Albossio. The action of the opera, which is described as a melodrama in three acts, takes place at Militene, capital of Armenia, in the third century, ¢urine the reign of the Roman Emperor Decius. The plot deals with the persecution of the early Cbrisligns. and the leading parts in their interpretation called for considerable histrionic talent. In this the ladies and gentlemen singing the parts were not found wanting. Professor A. Spadina acted as musical director and Signor D. Valerga was stage manager. Jacob Nieto be elected for a period of three years at an increased salary. This is the longest time that the committee isem- powered to elect a rabbi under the consti- tution of the synagogue. trustees waited upon the reverend gentle- man during the afterncon for the purpose of acquainting him of his re-election. Louis Brown, the president of the congre- gation, voiced the decision of the members of Sherith Israel in a few graceful words, 1n which he took occasion to speak in fia tering terms of Dr. Nieto’s services during the time in which he has acted as the pas- tor of the congregation. Rev. D. 8. Davis, the cantor, was also re- elected at an increased salary for three years. ————— Coursing at Ingleside. The coursing matches at Ingleside yes- terday were exciting and the betting was lively. The results of the runs were as follows: T. Heyes' Firenzi beat M. Traynor's Whip Jr., Dilion & Rilev’s Granuwaile beat J. Fiiz- patrick’s_Annie Daley, T. Cronin’s Old Glory beat J. McCormick’s White Lily, M. Rog- ers’Sly Boy beat J. McCormick’s Black Prince, M. A. Donovan’s Little Weasel beat M. Welch’s Marguerite, a | A depntation of | |zel; J. Sexgerson’s. White Chief best O | \ | Eclipse beat P. Curtis’ Wild Flower, D. Chilla’s Happy Day beat W. W.Sesson's Maid of San Francisco;J. F. Grace’s Said Pasha beat D. Curtin’s Nellie Maher; W. Kelly's Victery beat Dillon & Riley’s Queen B; D. Leonard’s Will-o-Wisp beat’ C. Gallagher’s Wattson’s Belmont; M. Welch's Tipper- ary beat Valley kennel's Mountain Daisys T. Brennen’s Gola King beat M. Welch’s Sars- field; E. Campbell’s Bendalong beat T. Foley’s Georgie Dixon; Valley kennel’s Sky- lark beat P. Casserly’s Temescal Renger; Rich- mond kennels’ Uncle Sam beat Bassett & Burns’ Ormonde. First ties — Firenzi beat Granuwsile; Sly Bovy beat Old Glory; Eclipse beat Little Weasel; Said _ Pasha beat Happs Day, Will o’ Wisp beat Victory, Whoite Chief beat Tipperary, Bendalong beat Gold King, Skylark heat Uncle Sam. Second tie—Sly Boy beat Firenzi, Eclipse beat Said Pasha, White Chief beat Will o’ Wisp, Bendalong beat Si rk. Third ties—Eclipse beat Sly Boy; White Chief beat Bendalong, - Final—Eclipse beat White Chief. At Sacramento the winners were: Hand- | spring, first; Moonlight, second; Airship, third; Combination, fourt. ——————— The managementof the Austrian female prisons is in the hands of femaie religions W. Kay's | orders. S THEY O HARE BATES The Attorney-General’s De- murrer Is a Fighting Document. Railroad Commissioners Said to Have a Right to Make Rates. The Rate-Making Power Legislative and Not Subj-ct to Revision by a Court. Attorney-General Fitzgerald’s demur- rer in the famous Railway Commission- ers case, now pending in the United States Circuit Court, was the one theme of con- versation in legal circles yesterday. Itis now zenerally conceded that the move will greatly delay the main issue and give the Commissioners a slight ad- vantage. Another feature of the case of consider- | able interestis that it forces Judge Mc- Kenna to go over the entire matter again and pass with even more care than before on a number of ntricate matters. “There is one feature of the case,” said Attorney J. B. Randolph yesterday, *‘which ought to be thoroughly exploited. It is comprised in objection C of para- graph 5, and is as follows: ‘Because itis in violation and contravention of the rules and principles of the common law, in relation to restraints of trade and in re- lation to monopolies.” The question as to the extent of the common law ruleis one of great importance and ought to be thoroughly ventilated now.”’ Speaking of the cuse yesterday, Attorney- General Fitzgerald said: “Ido not attach great importance to the tiling of this demurrer, for it has long been contemplated. It introduces no new procedure and no great surprise, but has come up in due course of business and will be disposed of as it is reached. Of course it involves many of the vital issues of the entire case, and if we win the whole matter is practically settled.” Great stress will be laid on the point | that the acts of the hoard have been and are essentially legislative in character and not subject to the revision or review of any court, It issaid that this point will be argued at great length. The entire effect of the demurrer will be to cause a closer analysis than has yet been given to the question of the powers and functions of the board. The argu- ment promises to be exbaustive and far- reaching. It is understood that the Commissioners feel sure that a more extensive investiga- tion of the case will result in a decision in their javor. They say there is abundant precedent for the position that their func- tions are wholly legislative and not sub- ject toamendment or revision. A Great Production, There couldn’t be a lovelier souvenir to send to friends abroad than the Christ- mas News Letter, out to-day. Eightye eight pages; 15 cents. Be sure to take a copy home. Open Evenings Until S. N NEW TO-DAY—CLOTHING. Il /) ‘Q/ I LI }“l@j: Al |Special Sale when, forgetting profits Here’s a handsome latest patterns. bargain at that figure. Christmas present. of charge. . WOOD & CO. COLUMBIAN WOOLEN MILLS), Christmas. 541 MARKET STREET, Directly For Our contribution to the ‘‘Merrie Season” will be another one of our famous one-week sales, , we will make the heart glad of him who buys clothing. double breasted sacks and cutaways, cut after the The material is all wool black and blue cheviots, double-and-twist thread, Alizarine dyed. A strong, closely woven fabric, of deep color, warranted not to fade. first class, trimmings in keeping with the quality of the suit, carefully tailored ; large deep collars and lapels, hard bone and horn buttons. $6.95 Buys this suit this week! has always been $10, and dealers considered it a wholesale profit this week, giving you that for a Kept in repair one year free Holiday Week! suit ; comes in single and The workmanship is The wholesale price We knock off even the NEW TO-DAY. TELEPHONE, GRANT 33 AND 38. i Ty IMPORTING GROCERS, 236 SUTTER STREET, North Side, Above Kearny. SPECIAL SALE LASTING THROUGH THIS WEEK. Pound Qnarts $1.427% Pints LA FAVORITA DE CALIFORNIA ZINFANDEL.... s $2.9U per 1doz Quarts Regular list price, $4 50. Tnis I8 the choicest product of California table wines. We allow 50c upon return of 1 doz. empties. NEW ARRIVALS. Finnan Haddies. Smoked Goosebreast. Westphalia Ham. Imported Sausages. Mammoth Pecans. Shellbark Hickory Nuts. Leipsic Calmus. Henry’s Patees. Bon Bons and Tree Orna- ments. Bohemian Porcelain Coffee Pots. DOCTOR SWEANY, | A physician whose reputation is established | by ten years of successful practice at 737 Mar- | ket street, San Francisco. [NERVOUS DEBILITY, hidden vices or excesses, is the curse of hu- caused through | manity, the unpardonable sin. It blights all the pleasures of youth. It deadens the spirits { and weakens the brain. Its train of ills and evils tears down the strongest constitution and completely wrecks the mental and physi- | cal man. Thousands of young and middle- | aged men through this scourge of humanity have found homes in insane asylums or filled | suicide’s graves. It has broken up more homes, caused more desertions and separ- | ations than all other evils combined. If you are u sufferer from tiis monster of all diseases you should consult Doctor Sweany. He can positively and permanently restore your wasted and weakened powers, your health and yonr strength. A WEAK BACK & % wiamey | mistakable sign of diseased kidneys. Does your back ache? Do you have sedimentor brick dust deposit in the urine? Do you urinsate fre- quently? Have you weakness of the sexual organs, partial or total impotency? Ii you have any of these symptoms you have dis- eased kidneys. To neglect these troubles means to you disbetes or Bright’s disease and a premature grave. Dr. Sweany invariably cures these diseases. | VARICOGELE, &Sl teeuisa with uniailing success. HUPTU RE New method, sure cure, pain- . less treatment, no detention from work, no experiment. A positive, cer- tain and permanent cure. Gonorrhes, PRIVATE DISEASES. <™ stricture cured. Syphilis, the leprosy of the age, positively and forever cured. LADIES will receive special and careful treatment for all their many ailments. WRITE, if away from the city. Book, “Guide o Heslth,” & treatise on all organs and their diseases, free on application. Dl Cal., | Call or address F. L. SWEANY, M. n Francisco, Signature is printed in BLUE diagonally across the ” OUTSIDE wrapper/ of every bottle of (the Original and Genuine) (Worcestershire SAUCE Opposite Sansome. A8 a further protection against all imitations. ' fAgents for tho United Statos, - JOHN DUNCAN’S SONS. N. Y. Are good thiugs if prop- erly made: but thers (1 ¥ 1o sense in paying ahizn price for a poor arioly simply because soms al vertising “quack” ae mands it. ruy no Bel; uli_vou see Lr. Pi ELECTRIC BELTS & SON, 704 Sacramenca st., cor. Kearay, & ¥ Branch Office 640 Markes st, S F.