Loretta Betty Houghton1

F, #87091, b. 23 December 1910, d. 4 February 1998

Family: Roe Lancaster b. c 1910

Biography

A Contributor to Houghton Surname Project?
Corresponded with author?
BirthDec 23, 1910Missouri City, TX, USA, age 9, MO, in 1920 census; age 30, MO, in 1940 census1,2
Marriage3
1940 Census1940Indianola, Warren Co., IA, USA, age 30, coal mine machine oiler3
DeathFeb 4, 1998Mulberry, Clay Co., KS, USA2

Citations

  1. [S1232] 1920 U.S. Federal Census , Ozark, Barton, Missouri; Roll: T625_902; Page: 7A; Enumeration District: 35; line 25, dwl 136-136.
  2. [S882] Ancestry.Com, online www.ancestry.com, http://trees.ancestry.com/tree/18985362/person/1596945127
  3. [S1479] 1940 U.S. Federal Census , Indianola, Warren, Iowa; Roll: T627_1210; Page: 1A; Enumeration District: 91-30.

Beatrice Oral Bee Houghton1,2

F, #87092, b. 10 April 1913, d. 12 February 2002

Biography

Corresponded with author?
A Contributor to Houghton Surname Project?
BirthApr 10, 1913Barton, MO, USA, age 6 in 1920 census1,2
DeathFeb 12, 2002Mulberry, Clay Co., KS, USA2

Citations

  1. [S1232] 1920 U.S. Federal Census , Ozark, Barton, Missouri; Roll: T625_902; Page: 7A; Enumeration District: 35; line 25, dwl 136-136.
  2. [S882] Ancestry.Com, online www.ancestry.com, http://trees.ancestry.com/tree/18985362/person/1596945259

John James Morse1

M, #87093

Biography

A Contributor to Houghton Surname Project?
Corresponded with author?
BirthMA, USA1

Citations

  1. [S415] E-mail from Kim Copeland, June 12, 2007.

Charles C. Jenkins1

M, #87094, b. circa 1829

Biography

A Contributor to Houghton Surname Project?
Corresponded with author?
Birthcirca 1829NY, USA, age 21 in 1850 census1

Citations

  1. [S1226] 1850 U.S. Federal Census , Dexter, Washtenaw, Michigan; Roll: M432_364; Page: 528; line 38, dwl 11-11.

Sarah (?)1

F, #87095, b. circa 1834

Biography

A Contributor to Houghton Surname Project?
Corresponded with author?
Birthcirca 1834CT, USA, age 36 in 1910 census1
Marriage1

Citations

  1. [S1228] 1870 U.S. Federal Census , Lyons, Ionia, Michigan; Roll: M593_676; Page: 507; Image: 343; line 7, dwl 105-112.

Lena Jenkins1

F, #87096, b. circa 1869

Biography

A Contributor to Houghton Surname Project?
Corresponded with author?
Birthcirca 1869MI, USA, age 1 in 1870 census1

Citations

  1. [S1228] 1870 U.S. Federal Census , Lyons, Ionia, Michigan; Roll: M593_676; Page: 507; Image: 343; line 7, dwl 105-112.

William Miller1

M, #87097

Family: Mary E. Houghton b. 14 Apr 1837, d. 4 Apr 1916

Biography

A Contributor to Houghton Surname Project?
Corresponded with author?
MarriageJun 6, 18771

Citations

  1. [S415] E-mail from Judith Weeks Ancell, Jun 14, 2007: (Source: All of the information on the Family of Hiram Houghton has been transcribed from the Bible of Frederick W. Houghton, which bears and inscription "A Merry Christmas to Fred W. Houghton, N. Lansing, Mich. 1892" In the posession of Judith W. Ancell [1995 thr 2007].).

Augusta Houghton1

F, #87098, b. circa 1840, d. 10 October 1844

Biography

A Contributor to Houghton Surname Project?
Corresponded with author?
Birthcirca 1840dd calc
DeathOct 10, 1844age 41
BurialWoodlawn Cemetery, Lincklaen, Chenango Co., NY, USA, age 4; section BS1E2

Citations

  1. [S654] Electronic Web Site, , http://www.rootsweb.com/~nychenan/woodlawn.htm: Woodland Cemetery, Lincklaen, NY.

John James Houghton1

M, #87099, b. circa 1834

Biography

A Contributor to Houghton Surname Project?
Corresponded with author?
Birthcirca 1834Orange Co., NY, USA, age 16 in 1850 census; age 20 in 1855 census; age 35 in 1870 census2

Citations

  1. [S1228] 1870 U.S. Federal Census , New York Ward 20 District 9 (2nd Enum), New York, New York; Roll: M593_1047; Page: 382; line 33, dwl 313-26 1/2.
  2. [S1226] 1850 U.S. Federal Census , Montgomery, Orange, New York; Roll: M432_573; Page: 204; line 18, dwl 181-192.

Houghton Cemeteries

?, #87100

Biography

Corresponded with author?
A Contributor to Houghton Surname Project?
Research
ResearchGreene, NY, USA, Houghton Cemetery

Nathaniel Houghton1

M, #87101

Family: Charlotte (?)

Biography

Marriage1
A Contributor to Houghton Surname Project?
Corresponded with author?

Citations

  1. [S654] Electronic Web Site, , http://www.usgennet.org/usa/ny/county/chenango/cemetery/… Greene, Chenango Co., NY Cemetery.

Charlotte (?)1

F, #87102

Family: Nathaniel Houghton

Biography

Marriage1
A Contributor to Houghton Surname Project?
Corresponded with author?

Citations

  1. [S654] Electronic Web Site, , http://www.usgennet.org/usa/ny/county/chenango/cemetery/… Greene, Chenango Co., NY Cemetery.

Ira Houghton1

M, #87103, b. circa 1800, d. 1842

Biography

A Contributor to Houghton Surname Project?
Corresponded with author?
Birthcirca 18001
Death1842age 42
BurialElliott Farm Plot, Greene, Chenango Co., NY, USA

Citations

  1. [S654] Electronic Web Site, , http://www.usgennet.org/usa/ny/county/chenango/cemetery/… Greene, Chenango Co., NY Cemetery.

Paul Houghton1

M, #87104, b. circa 1853

Biography

A Contributor to Houghton Surname Project?
Corresponded with author?
Birthcirca 1853IA, USA, age 57 in 1910 census1
1910 Census1910Council Bluffs, Pottawattamie Co., IA, USA, age 57, single, meal company salesman1
ParentsSfather born in IL, mother born in IA1

Citations

  1. [S1231] 1910 U.S. Federal Census , Council Bluffs Ward 3, Pottawattamie, Iowa; Roll: T624_421; Page: 4A; Enumeration District: 136;
    line 4, dwl 164-68-71.

Ithiel S. Bailey Jr.1

M, #87105, b. circa 1855

Family: Ida K. Akey b. c 1857

Biography

A Contributor to Houghton Surname Project?
Corresponded with author?
Birthcirca 1855VT, USA, age 55 in 1910 census1
Marriagecirca 1876mar 34 y in 1910 census1
1910 Census1910Grinnell, Poweshiek Co., IA, USA, age 55, clothing proprietor1
ParentsSfather born in NH, mother born in VT1
BiographyIthiel S. Bailey, Jr., one of the most prominent and progressive citizens of Grinnell, is
president of the Bailey Buggy Company, which have an extensive trade in the south and
western country. He is also an extensive landowner and devotes a part of his time to
general agricultural pursuits on his farm two miles northwest of Grinnell. His birth
occurred in Moretown, Vermont, on the 6th of June, 1858, his parents being Ithiel S.
and Lucy (Pattroll) Bailey, the former a native of Acworth, New Hampshire, and the
latter of Norwich. Vermont. Following their marriage, which was celebrated in
Moretown, Vermont, they removed to Fitchburg, Massachusetts, where Mr. Bailey
learned the carpenter's trade and also mastered bridge building. At that time bridges
were largely constructed after the truss pattern. In connection with his duties as a
building contractor Mr. Bailey also engaged in general agricultural pursuits, operating a
farm. In the spring of 1869 he came west to Grinnell, Iowa, and turned his entire
attention to agriculture, acquiring a farm of one hundred and eighty- three acres two
miles northwest of the town. In 1876 he disposed of the property and removed to Sac
county, Iowa, where he purchased land and resided until called to his final rest about
1900, when eighty-two years of age. He gave his political allegiance to the democracy
and held various local offices, serving as justice of the peace for several years. He was
likewise a valued member of the Masonic fraternity, joining the order in 1865. His wife,
who passed away in 1906, also lived to attain the age of eighty-two years.
Ithiel S. Bailey, Jr. was reared at home and obtained his education in the Grinnell high
school. When a youth of eighteen he began his career as an agriculturist, renting a farm
in the summer of 1876 and devoting his attention to its operation until the spring of
1884. At that time he came to Grinnell and embarked in business as a dealer in farm
implements, being thus prominently identified with mercantile interests until 1900.
During the greater part of the time he was associated with A. A. Foster, his brother-inlaw,
and J. C. Goodrich. In 1900 Mr. Bailey and Mr. Goodrich sold their interests to Mr.
Foster and embarked in business as hardware merchants. A year later A. C. Rinefort
joined the firm and, in association with Mr. Bailey, purchased the interest of Mr.
Goodrich. Mr. Bailey and Mr. Rinefort then conducted both a hardware and grocery
establishment for about two years. On the expiration of that period Mr. Bailey disposed
of his interest in the concern and embarked in the vehiclebusiness, his market being the
west and southwestern country. For the past nine years he has been engaged in that line
of business, which has assumed extensive and profitable proportions. He disposes of his
goods through the system of trailing, taking the buggies through the country and selling
direct to the farmers. Mr. Bailey is also quite extensively interested in farm lands, and in
addition to his place two miles northwest of Grinnell, he owns three hundred and twenty
acres in the Alberta district of Canada and an eighty acre farm in Oklahoma. He
cultivates his Poweshiek county land and likewise feeds cattle to some extent. He is also
a stockholder in the Grinnell Gas Company. In 1876 Mr. Bailey was united in marriage
to Miss Ida Kate Houghton, of Grinnell, Iowa, by whom he has a son, Louis Nelson
Bailey, still at home, who is engaged with his father in the buggy business. Mr. Bailey is
a stanch republican in politics and served for several years as president of the Grinnell
school board. At the present time he is a member of the city council of Grinnell. He is
also a valued member of the Grinnell Commercial Club, while fraternally he is
identified with the Knights of Pythias, belonging to Grinnell Lodge, No. 175. Both he
and his wife belong to the Congregational church and take an active and helpful interest
in its work. By constant exertion, associated with good judgment, Mr. Bailey has raised
himself to the position which he today occupies in business circles, having the
friendship of many and the respect of all who know him.

1377. Joseph Bailey (Ebenezer Bailey , Sarah Palmer , Hepzibah Abbe , Samuel , John ,
Thomas , John , John , Robert ) was born on Jun 19 1781 in Weare, New Hampshire. He
died on Sep 15 1859 in Unity, New Hampshire.
Joseph married Hannah Cram on Apr 18 1801 in New Hampshire. Hannah was born on
Jul 18 1785 in Weare, New Hampshire. She died on Apr 8 1855 in Unity, New
Hampshire.
They had the following children: 2299 F i Rebecca Cram Bailey was born on Sep 2
1801. 2300 M ii Oren Bailey was born on Sep 16 1808. 2301 M iii Ithiel Bailey was
born on Jul 6 1811.
1880 Census shows a M Bailey married to Mary M with 2 children Frank W (10) and
Louis (5 months). M Bailey is a Vet Surgeon. Is this Louis Nelson Bailey?

Citations

  1. [S1231] 1910 U.S. Federal Census , Grinnell Ward 2, Poweshiek, Iowa; Roll: T624_421; Page: 18A; Enumeration District: 114;
    line 35, dwl 1115-59-62.

Louis Nelson Bailey1

M, #87106, b. 1888

Family: Cleopatra Garnet Oppice

Biography

Corresponded with author?
A Contributor to Houghton Surname Project?
Birth1888Grinnell, Poweshiek Co., IA, USA, age 21 in 1910 census1
MarriageJun 26, 1913Marshalltown, IA, USA

Citations

  1. [S1231] 1910 U.S. Federal Census , Grinnell Ward 2, Poweshiek, Iowa; Roll: T624_421; Page: 18A; Enumeration District: 114;
    line 35, dwl 1115-59-62.

Mary Ann Houghton1

F, #87107, b. 1858

Family: (?) Howell

Biography

A Contributor to Houghton Surname Project?
Corresponded with author?
Birth1858Davenport, Scott Co., IA, USA, age 2 in 1860 census; age 12 in 1870 census; age 21 in 1880 census1,2
Marriage2

Citations

  1. [S1228] 1870 U.S. Federal Census , Davenport Ward 3, Scott, Iowa; Roll: M593_418; Page: 265; line 19, dwl 458-468.
  2. [S415] E-mail from Lori and Rex Houghton, Oct. 5, 2008.

Hellen Houghton1

F, #87109, b. circa 1901

Biography

A Contributor to Houghton Surname Project?
Corresponded with author?
Birthcirca 1901IA, USA, age 9 in 1910 census1

Citations

  1. [S1231] 1910 U.S. Federal Census , Grant, Tama, Iowa; Roll: T624_424; Page: 3A; Enumeration District: 156; line 16, dwl 41-44.

Nadine Victoria Houghton1,2

F, #87110, b. 24 May 1903

Biography

A Contributor to Houghton Surname Project?
Corresponded with author?
BirthMay 24, 1903Tama, IA, USA, age 7 in 1910 census; age 17 in 1920 census1

Citations

  1. [S1231] 1910 U.S. Federal Census , Grant, Tama, Iowa; Roll: T624_424; Page: 3A; Enumeration District: 156; line 16, dwl 41-44.
  2. [S1232] 1920 U.S. Federal Census , Firesteel, Dewey, South Dakota; Roll: T625_1719; Page: 3A; Enumeration District: 42; line 35, dwl 31-32.

Anna H. Escher1

F, #87111, b. circa 1875

Biography

Corresponded with author?
A Contributor to Houghton Surname Project?
Birthcirca 1875IA, USA, age 35 in 1910 census1
Marriagecirca 1901mar 9 y in 1910 census
1910 Census1910Jackson, Washington Co., IA, USA, age 35, divorced; living with and sister of Joseph J. Escher, 38, IA1
ParentsDfather born in OH, mother born in Bohemia1

Citations

  1. [S1231] 1910 U.S. Federal Census , Jackson, Washington, Iowa; Roll: T624_427; Page: 3A; Enumeration District: 128; line 24, dwl 28-28.

Harriet VanNess

F, #87112

Family: Charles Orville Loveless b. 1850, d. 1938

Biography

Corresponded with author?
A Contributor to Houghton Surname Project?
Marriage

Ella M. Loveless

F, #87113

Biography

A Contributor to Houghton Surname Project?
Corresponded with author?
Birth
Marriage1
Children+more

Citations

  1. [S415] E-mail from Jessica Armstrong, July 1, 2007.

Dora McCulley1,2

F, #87114, b. 2 October 1869, d. 16 March 1924

Family: George Hiram Houghton b. 14 Oct 1861, d. 1936

Biography

A Contributor to Houghton Surname Project?
Corresponded with author?
BirthOct 2, 1869Johnson Co., MO, USA, Oct 1869, age 30, MO, in 1900 census; age 41, MO, in 1910 census; age 50, MO, in 1920 census1,3,2
Marriagecirca 1886age 24; mar 24 y in 1910 census1
1900 Census1900Saline, Woods Co., OK, USA, age 37, farmer3
1910 Census1910Anthony, Harper Co., KS, USA, age 48, farmer1
Note191012 children born, 6 living
1920 Census1920Justice Prec. 8, Harris Co., TX, USA, age 58, farmer4
DeathMar 16, 1924
BurialRose Hill Burial Park, Oaklahoma City, Oklahoma Co., OK, USA, Plot: Section 10
Obituary
ParentsDparents born in MO1

Citations

  1. [S1231] 1910 U.S. Federal Census , Anthony, Harper, Kansas; Roll: T624_441; Page: 7B; Enumeration District: 75; line 90, dwl 143-144.
  2. [S654] Electronic Web Site, , http://www.footnote.com: Texas Death Records, Houghton surnames.
  3. [S1230] 1900 U.S. Federal Census , Saline, Woods, Oklahoma; Roll: T623 1343; Page: 1A; Enumeration District: 234; line 1, dwl 1-1.
  4. [S1232] 1920 U.S. Federal Census , Justice Precinct 8, Harris, Texas; Roll: T625_1815; Page: 7B; Enumeration District: 123; line 94, dwl 158-163.

Harry Warner Houghton1

M, #87115, b. 25 December 1886, d. 1958

Family: Norma Alexandria Miller b. 15 Oct 1892, d. 13 Sep 1972

Biography

Corresponded with author?
A Contributor to Houghton Surname Project?
BirthDec 25, 1886Earlton, KS, USA, Dec 1886, age 13 in 1900 census; age 23 in 1910 census; age 53 in 1940 census1
Occupationbetween Jul 16, 1902 and May 25, 1920Bureau of Chemistry, US Dept of Agriculture
Mil. DraftJun 5, 1917Tishomingo, Johnston Co., OK, USA, age 30, high school principal; private, companies I and A, OK national guard, 5 years1
NoteApr 5, 1926Inventor of a volatile fumigant package:
Patented Feb. 19, 11935V4 VOLATILE FUMIGANT PACKAGE Harry W. Houghton, Glen Echo, Md., assignor to` Safety Fumigant Company, a corporation of Massachusetts Application April 5, 1926, serial No. 99,955 Renewed September 23, 1932 Claims. This invention relates to means for distributing gaseous or volatile substances, particularly such as are of a poisonous nature, intended for use Vas fumigants, insecticides, germicides, etc.,
5 commonly containing hydrocyanic acid gas or other cyanogen compounds in gaseous or liquid form. The invention aims to provide a safe and inexpensive package of convenient size for ordinary domestic use, and which may be transported and sold without special precautions against accident. K
Further objects of the invention appear in connection with the following description of the illustrative embodiment thereof shown in the accompanying drawing, wherein
The device selected for purposes of illustration and shown in the drawing comprises an inner glass tube or receptacle 11, which contains the fumigant and is shown as hermetically sealed at its ends, and which is provided with a middle constriction 12 that may readily be fractured to permit the fumigant contents 13 to escape; but the container may be made of any suitable materials and constructed in various ways for preventing leakage or accidental escape of the gaseous contents whilepermitting liberation of thevv gas at will. In the form of device illustrated, which is particularly adapted for domestic use against household vermin, moths, insects and disease germs, the fumigant is preferably a gaseous combine containing hydrocyanic acid and cyanogen chloride or the like (such as is described in my Patent No. 1,521,537, dated December 30, 1924) absorbed in a volatile liquid, or mixture of liquids, such water, so as to constitute therewith an acid nitrile; but the invention is not restricted to these particular gases and materials, as it is evident that the principle applies to packaging any gas emitting substances or gas that can be handled only with difiiculty or danger. Referring to the drawing the glass tube or container l1 is surrounded with a diffusing and Va porizing medium or element 14, shown as absorbent cotton, or other material permeable to gas and interposing a substantial resistance to the free flowing away of the liquid'contents when the container is broken open. The permeable material 14 may be wrapped with'a few layers of 55 gauze bandage 15, or other suitable material for as carbon tetrachloride, acetone, or glyeerine andV holding it in close contact with the tube; and a varnished or treated fabric or glazed paper cover 16, or other moisture-proof material, is tightly YWrapped around the outside. The ends of the wrapper 16 may conveniently be held by eyelets 17, having perforated centers to permit gas to escape from Within the package.
The manner of use of the device is extremely simple. Assuming the tube to be filled with a Suitable fumigant in solution, the neck 12` of the l0 tube is fractured by a smart blow, and the liquid seeps out into the diffusing absorbent material, where it volatilizes in due course, the gas or vapor finding its way out through the ends of the package or wherever the perforated eyelets 17 l5 or equivalent means are located. The length ot time required for the gas to find its Way out is suiiicient to permit the user to leave the vicinity in advance of the escape of the fumes.

The device may be constructed in graduated 20 sizes, the inner container l1 having such capacity as to suit the space to be fumigated and'strength of gas per cubic foot best adapted to accomplish the purpose desired.
The term diffusing element as herein em- 25 ployed .is intended to embrace any mediumV that is adapted and arranged to receive and act upon the contents as it issues from the container and prepare it for liberation of the gas gradually or assist in the gradual liberation of the gas. 80
The invention is not restricted to the form of device shown and described, but what I claim is:
1. A fumigant package comprising a glass tube having its middle of reduced cross-section and filled with a gasabsorbent material, an absorbent packing surrounding and protecting said receptacle, and a cover permitting slow escape of gas.
2. A fumigant package comprising a breakable receptacle for a gas absorbent material, an absorbent packing surrounding and protecting said l0 receptacle, and a wrapping of Water-proof ilexible material having aperture means permitting slow escape ofV gas.
3. A fumigant package comprising a receptacle 11 having a portion 12 adapted to be broken open, 45 and containing a gas absorbent filling 13, and diffusing material 14 surrounding said portion 12 and enclosed in a wrapper 16 provided with gas escape openings 17.
4. A fumigant gas liberating device consisting of a container having a breakable portion, a body of liquid of a character to give off fumigant gas within said container, and a covering surrounding said container comprising a diiusing medium permeable 'to gas and arranged to receive said 55 liquid mixture comprising carbon tetrachloride and acetone having hydrocyanic acid and cyanogen chloride in the form of a gaseous combine absorbed therein whereby a gaseous Iumigant is evolved upon exposure of said liquid to the atmosphere. Y
Harry W. Houghton.
REFERENCES CITED "The following references are of record in the file of this patent:
UNITED STATES PATENTS Number Name Date 739,317 Jenkins Sept. 22, 1903 1,663,082 Houghton Mar. 20, 1920 1,894,041 Houghton Jan. 10, 1933
Marriagecirca 1927age 40 and 343
Court1927United States v. Houghton 20 F.2d 434 (1927)
United States v. Houghton No. 876. District Court, D. Maryland.
June 11, 1927.

John G. Sargent, Atty. Gen., Herman J. Galloway, Asst. Atty. Gen., Harry E. Knight and Henry C. Workman, Sp. Asst. Attys. Gen., for the United States. Steuart & Steuart, of Washington, D. C. (Joseph W. Hazell and Francis B. Leech, both of Washington, D. C., of counsel), for defendant.
SOPER, District Judge.
The United States, by its bill of complaint, seeks an injunction against Harry W. Houghton to restrain him from assigning to another certain inventions or letters patent pending the further order of the court, and also to secure a decree adjudging that the United States is entitled to the entire right, title, and interest therein, and that he be ordered to transfer and convey the same to the United States, and to make discovery of all applications for letters patent filed by him since 1921 for inventions or improvements made by him in connection with his services and duties in the Public Health Service. The inventions are covered by United States patent, No. 1,521,537, granted to Houghton December 30, 1924, and by his patent application, No. 745,251, filed October 22, 1924.
The inventions relate to fumigant and process of fumigation, for the purpose of exterminating objectionable insects, rodents, and other animals from ships, buildings, and other inclosures. Among the objects of the inventions is to produce a fumigant sufficiently destructive and poisonous, and at the same time to combine a warning gas with it, so as to give notice of its presence. A combination of hydrocyanic acid gas with cyanogen chloride gas was found satisfactory. The former is a poisonous gas, invisible, tasteless, and without odor, while the latter is a lachrymatory gas, causing intense irritation of the eyes.
The defendant, Harry W. Houghton, is a trained chemist holding a degree from a university. He was employed from July 16, 1902, to May 25, 1920, in the Bureau of Chemistry of the Department of Agriculture, in various capacities from laboratory helper to assistant chemist. On May 7, 1920, he applied for transfer in that capacity to the United States Public Health Service of the Treasury Department. The Public Health Service seconded his request, stating that his qualifications particularly fitted him to undertake special research work then being conducted in the Office of Industrial Hygiene and Sanitation. The transfer was authorized on June 29, 1920. He was assigned to duties in the hygiene laboratory of the Public Health Service, under the charge of the director of the laboratory, and for nearly two years was engaged in the analysis of dust samples — that is to say, samples of air taken from various industrial plants, with a view of determining whether the air contained substances likely to menace the health of industrial employees.
The work on the project, which resulted in the inventions in suit, had begun before Houghton was assigned to the Public Health Service. Dr. Hugh S. Cummings, of the Service, had been on duty in Europe in 1919 and 1920 in connection with welfare inspection of returning troops and immigrants to the United States. His attention had been [ 20 F.2d 435 ] directed to fatalities caused by fumigation of ships with hydrocyanic acid gas, and he had given consideration to a method of making the gas safe by adding thereto a warning constituent, such as the lachrymatory gases used in the Great War. On March 10, 1920, he was appointed Chief of the Public Health Service with the title of Surgeon General, and subsequently conferred with his assistants upon the same project. Prior to August 5, 1921, he took up the matter with the Chemical War Service of the War Department as well as with the Department of Agriculture and the Department of the Interior. On October 28, 1921, he requested the Chemical Warfare Service to make an investigation at its laboratory at Edgewood Arsenal, in Maryland, of the practicability of generating fumes of chloracetophenone, a tear gas, simultaneously with the evolution of hydrocyanic acid gas. The laboratory reported results, and later a trial in practical ship fumigation was made at the Quarantine Station at New Orleans, but the process was found to be impracticable.
It was at or about this time that Houghton first began work upon the proposition. In the course of his duties as assistant chemist, he was instructed by Dr. Lewis R. Thompson, the official in charge of the Office of Industrial Hygiene and Sanitation, to study the technical literature relating to fumigation, and brought to Dr. Thompson's attention an article in a German publication entitled "Hydrocyanic Acid Derivatives for the Combating of Noxious Animals." Information was also obtained from other sources. Dr. Thompson took up with the Chemical Warfare Service an investigation of certain irritant gases, particularly the hydrocyanic acid derivatives, cyanogen chloride and cyanogen bromide, and on or about February 3, 1922, the officials at the Edgewood laboratory were directed to investigate the practicability of substituting cyanogen bromide, one of the cyanogen derivatives belonging to the same haloid group as cyanogen chloride, for hydrocyanic acid gas.
On or about March 1, 1922, the Surgeon General appointed a board, under his own control, to carry on the investigation, consisting of Dr. Thompson, as chairman, the defendant, Houghton, and Stephen Olop, an engineer in the Public Health Service. The board was directed to investigate methods of artificial ventilation of vessels subsequent to fumigation by cyanide gas, and to make studies as to the utilization of gases other than hydrocyanic acid gas, including an investigation as to the use of bromocyanogen in generating hydrocyanic acid gas. It was clearly understood by Houghton at the time that the special duty of the board was to adopt a method of fumigation which would involve the use of a lachrymator as readily prepared and as toxic as hydrocyanic acid, and possessing sufficient irritating properties to serve as a warning. He also understood that cyanogen chloride was one of the lachrymators which the board was expected to investigate and consider.
On March 27, 1922, the members of the board visited Edgewood Arsenal and conferred with technical employees and chemists of the Chemical Warfare Service, who had already been investigating the problem. Subsequently it was arranged that Houghton should conduct experimental tests in toxic and lachrymatory gases at the arsenal, where facilities were available. He arrived on May 8, 1922, and was informed as to all that had been accomplished in the meantime. Prior to his arrival, certain suggestions had been made as to the manner in which cyanogen chloride might be generated. After his arrival, the investigation was pursued jointly by him and three employees of the laboratory, to wit, H. C. Knight, J. F. W. Schulze, and C. P. Shingler. They experimented as to the amounts of the several reagents, the mode of manipulation, and composition of gas. It was finally decided that a plan suggested by Houghton was the only practicable one. It consisted of the use of sodium chlorate, sodium cyanide, and dilute hydrochloric acid, and it was found that the gas produced was a mixture of hydrocyanic acid and cyanogen chloride. During the progress of the experiments, Houghton continually reported results to Dr. Thompson, and received orders from him for experiments and investigations. The problem was finally solved on or about June 28, 1922. The result was eminently satisfactory. Thereby a practical fumigant possessing the lethal qualities of hydrocyanic acid gas was obtained, together with a warning gas which was properly diffused throughout the mixture and remained in place as long as, but no longer than, the poisonous constituent.
While it is admitted on all hands that certain other officials of the government cooperated in the investigation, it is not contended that Houghton is not entitled to credit for the discovery. Nor is it denied that the new fumigant constitutes a patentable invention. It is claimed, however, that the discovery, when made, was the property of the
[ 20 F.2d 436 ]

United States, and that the United States has also the equitable title, and by the decree in this case should be granted the legal title, to the patent granted to Houghton over the protest of the government.
Upon these facts, the decision in Standard Parts Co. v. Peck, 264 U.S. 52, 44 S.Ct. 239, 68 L. Ed. 560, 32 A. L. R. 1033, is controlling. By a written contract in that case, Peck, the employee, agreed with his employer to devote his time to the development of a process and machinery for the production of a spring. He succeeded in inventing a device which became the subject of a patent. Suit was brought against the employer by the assignee of the patent for infringement, whereupon the employer defended on the ground that the invention belonged to it under the terms of the contract, and prayed that it be adjudged to have title to the patent. The Supreme Court said:
"By the contract Peck engaged to `devote his time to the development of a process and machinery' and was to receive therefor a stated compensation. Whose property was the `process and machinery' to be when developed? The answer would seem to be inevitable and resistless — of him who engaged the services and paid for them, they being his inducement and compensation, they being not for temporary use but perpetual use. * * *"
The Supreme Court approved the rule, enunciated by the District Court (295 F. 740), that if an employee be employed to invent a device or improvements in the machines with which he is connected, his patents therefor belong to his employer, since in making such improvements, he is merely doing what he was hired to do. The decision of the Circuit Court of Appeals, reported at 282 F. 443, was reversed. That court applied the rule, very generally accepted theretofore, that under a general contract of employment requiring an employee to devise such improvements as he can in the employer's machines, processes, or product, any patentable invention belongs generally to the employee, while the employer has a license to use it, unless there is an express agreement that the invention shall belong to the employer, and the court further held that this general rule should apply, although the employment was to devise or improve a specific thing subsequently discovered and patented. All that can be said for this rule was said by the Circuit Court of Appeals in its opinion; but the Supreme Court took the view that the law had been otherwise well settled by the cases of Solomons v. U. S., 137 U.S. 342, 11 S.Ct. 88, 34 L. Ed. 667, and Gill v. U. S., 160 U.S. 426, 16 S.Ct. 322, 40 L. Ed. 480. In the former case the rule is stated as follows:
"If one is employed to devise or perfect an instrument, or a means for accomplishing a prescribed result, he cannot, after successfully accomplishing the work for which he was employed, plead title thereto as against his employer. That which he has been employed and paid to accomplish becomes, when accomplished, the property of his employer. Whatever rights as an individual he may have had in and to his inventive powers, and that which they are able to accomplish, he has sold in advance to his employer."
In the latter case the same rule was reaffirmed as follows:
"There is no doubt whatever of the proposition, laid down in Solomons' Case, that the mere fact that a person is in the employ of the government does not preclude him from making improvements in the machines with which he is connected, and obtaining patents therefor, as his individual property, and that in such case the government would have no more right to seize upon and appropriate such property, than any other proprietor would have. On the other hand, it is equally clear that, if the patentee be employed to invent or devise such improvements his patents obtained therefor belong to his employer, since in making such improvements he is merely doing what he was hired to do."
It is not necessary to decide in this case whether the employer acquires title to inventions made by an employee in the course of a general employment to improve the machinery or process of the employer, for Houghton was directed to solve a specific problem. It is conceded that he was officially called upon to discover and develop a fumigant that would answer the purpose of the Public Health Service.
The only way in which the defendant distinguishes his case from Standard Parts Co. v. Peck is on the ground that, whereas Peck was expressly employed to develop a particular process, Houghton was employed generally as a research chemist, and was subsequently assigned to work out a particular problem. It has been held by recent decisions of the District Courts in Texas Co. v. Gulf Refining Co., 13 F.2d 873, and Goodyear Tire Co. v. Miller, 14 F.2d 776, that the setting of a general employee to do a specific work will not create a title of his invention in his employer, in the absence of an agreement to that effect.
[ 20 F.2d 437 ]

These decisions, although subsequent to Standard Parts Co. v. Peck, evince the same reluctance as was shown by many of the courts before it, to apply the ordinary rule of a contract of employment when an employee has discovered something having the dignity of an invention. But the broad principle is now laid down by the Supreme Court, too clearly to be misunderstood, that, when an employee merely does what he is hired to do, his successes, as well as failures, belong to his employer. Nor can it be said that one who willingly carries out the orders of his employer is not engaged upon that which he is employed to do. An employee, who undertakes upon the direction of his employer to solve a specific problem within the scope of his general employment, is as truly employed and paid for the particular project as if it had been described at the outset in the contract of employment. That which Houghton discovered belongs to the United States.
The Act of March 3, 1883 (22 Stat. 625 [Comp. St. § 9441]), has been referred to. It authorizes the grant of patents to any officer of the government, except Patent Office employees, without the payment of any fee, when the patented invention is to be used in the public service, provided that the applicant shall state in his application that his invention may be used by the government or any of its officers or employees in the transaction of work for the government or by any other person in the United States. Considerable diversity of opinion has arisen among the law officers of the United States as to whether this statute means that a patent obtained thereunder may be used, not only by the government, but by any other person in the United States, or that the dedication is only to the government, its officers, or employees, or any other like person in the public service. See the opinion of District Judge Knox, September 3, 1924, in Squier v. American Telephone & Telegraph Co., affirmed on appeal (C. C. A.) 7 F.2d 831. This legislation is immaterial here, because Houghton did not avail himself of the provisions of the statute, but filed his application under the general patent statutes and paid the usual fees. The statute was obviously enacted to make available the services of the Patent Office without compensation to inventors in the public service. It was not intended to deprive the United States of any rights to an invention which, except for the act, would have existed.
That which has been set out represents substantially the situation between the parties prior to the discovery of the invention. The defendant, however, says that consideration should also be given to actions of various officials of the government which took place after the invention was made, as throwing some light upon the intention of the parties as to the ownership of inventions and patent rights when the work was first undertaken. Immediately after the discovery, namely, on June 29, 1922, Houghton took up the question with his superior officers as to the advisability of patenting the method as a matter of protection until publications could be issued. He was instructed by his superiors to work in harmony with the Chemical Warfare Service in the matter of applying for a patent. He wrote to the Commissioner of Patents, inquiring as to the right of an employee of the Public Health Service to obtain a patent, and received a reply referring him to the Act of March 3, 1883, supra.
About this time some question arose between Houghton and the employees of the Chemical Warfare Service, who had co-operated in the investigation, as to how credit for the discovery should be apportioned. It was suggested that the patent should be taken out in the joint names of Houghton and one or another of the officers at the laboratory. An arrangement was made with a patent attorney, with the consent of the Surgeon General, for the preparation of such a patent application. The attorney was of the opinion that Houghton should file the application in his own name as the sole inventor, and suggested the assignment by him of a one-fourth interest each, to Knight, Schulze, and Shingler. Drafts of an application and of a license to the United States to use the invention in this and foreign countries were prepared.
Later, on November 4, 1922, Houghton asked permission of the Surgeon General to file the application. Thereupon the opinion of the Solicitor of the Treasury Department was requested, but before it was forthcoming Houghton filed an application in his name for the patent, together with a nonexclusive license to the United States. Shortly after the application was filed, the employees of the Arsenal executed an agreement dedicating their rights to the public. On December 22, the opinion of the Solicitor of the Treasury was filed, which declared that the sole title to the invention resided in the United States. In January and February, 1923, the Surgeon General filed a protest with the Commissioner of Patents to prevent favorable [ 20 F.2d 438 ] action upon the Houghton application. In February, 1924, a conference of the parties who had co-operated in the work was called and Houghton consented to assign the invention to the United States; but in March he withdrew his assent. In May, 1924, he filed a power of attorney to new counsel in the Patent Office, without the knowledge or approval of the Public Health Service, and stated that his application was a continuation of the former application, which he intended to permit to lapse. After the new application had been filed, the Surgeon General again protested to the Patent Office against the grant of the patent to Houghton, but the protest was overruled and the patent was issued December 30, 1924.
It can hardly be said that the facts outlined throw any light upon the intention of the parties at the time the investigation was begun, or impair the rights acquired by the solution of the problem. There was considerable diversity of opinion amongst the various officials and lawyers consulted as to the legal rights of the parties, and certain changes of position on the part of Houghton as to whether he would claim full title to the invention or surrender it to the public; but it is certain that none of the officials had the authority to give away the property of the United States, and that Houghton on his part did not surrender his claim to full title in the invention. In short, the case as to the patent must be decided upon the facts as they existed at the time that the discovery was made.
It is necessary to add but little in regard to the ownership of the invention involved in the pending application in the Patent Office. As early as March, 1922, the Public Health Service had under consideration the production of a fumigant including cyanogen chloride in liquid form. The matter was under investigation again in the following year, during which Houghton made certain tests. In September and October, 1924, Houghton was directed by the Surgeon General to make investigation to ascertain whether the cyanogen chloride gas mixture could be absorbed into some liquid medium, such as carbon tetrachloride or acetone, to avoid the risk of fire, and to avoid the transportation of apparatus and material required to generate it. Houghton was cautioned that the bureau was dissatisfied with his attitude in respect to the patent that had been filed, and that he was clearly to understand that he was employed on behalf of the government to develop and perfect methods of fumigation and improvements and to develop ideas thought out by the Public Health Service, and that he was not to apply for a patent on the results of the investigation. To all of this Houghton agreed.
During September and October, he experimented with water and glycerine as an absorbent, and on October 22, 1924, without the knowledge of his superiors, he filed an application for letters patent covering such process. On November 26, 1924, he reported to the Surgeon General that certain experiments had been made to improve the cyanogen chloride method of ship fumigation, by producing a noninflammable liquid preparation. He said that the first preparation which gave promise consisted of water and glycerine saturated with the cyanogen chloride gas mixture, and that, continuing the experiments, there had been found a preparation consisting of carbon tetrachloride and acetone, which absorbed the fumigating gas mixture satisfactorily. These improvements, he said, should be protected at once, and he therefore requested that permission be granted to file an application for a patent fully protecting the government in all its branches. Permission was refused him, except on the condition that he would execute an assignment thereof to the government. On January 12, 1924, demand was made upon him to assign his patent, No. 1,521,537, but he refused to do so. On February 17 demand was made that he assign the invention for the improvements, which he also refused. On March 7, 1925, he was directed by the Surgeon General to inform the bureau as to what steps had been taken in the matter of prosecuting the application for letters patent covering the improvements, whereupon he replied that no application had been filed by him for the preparation containing carbon tetrachloride and acetone, but that he had filed the application of October 22, 1924, "for improvements developed * * * while on leave during * * * detail at the Boston Quarantine Station." He offered to grant a license to the United States to make use of the invention.
It is thus clear that Houghton formally agreed that such discovery as should result from the additional investigation would be made on behalf of the United States. His only possible defense, therefore, under any view of the law, is his statement that he developed the glycerine and water process while on leave. This is an insufficient reply. The discovery was within the purview of the investigation upon which he was employed. He
[ 20 F.2d 439 ] formally reported experiments with glycerine and water which led to the invention. It is stipulated in the case that experiments in the process were made during the months of September and October, and that during portions of these months he was on duty; so that from the record it would appear that his experiments were performed, even if his final results were not achieved, while he was officially employed. In any event, having agreed in advance that he would investigate for the benefit of the United States a suggestion of his superior officers, he cannot evade his obligation by developing it while on leave. See Gill v. United States, 160 U.S. 426, 433, 16 S.Ct. 322, 40 L. Ed. 480. The invention and the patent application covering it are the property of the United States.
A decree will be signed in accordance with this opinion.
1930 Census1930Goodwell, Texas Co., OK, USA, age 44, A and M. College, college teacher3
Residence1935Parnell, OK, USA
Author1938University of Oklahoma, Norman, OK, USA, Iodine derivatives of 4-hydroxydiphenyl; 54 pages
1940 Census1940Duncan, Stephens Co., OK, USA, age 53, high school teacher4
1950 US Census1950Panhandle Agricultural and Mechanical College (PAMC), Goodwell, Texas Co., OK, USA, age 63, State PAMC College, chemistry professor
Death1958OK, USA
BurialTonkawa IOOF Cemetery, Tonkawa, OK, USA

Citations

  1. [S1308] World War I Draft Registration Cards, 1917-1918, online http://content.ancestry.com, Roll: 1851783.
  2. [S1231] 1910 U.S. Federal Census , Anthony, Harper, Kansas; Roll: T624_441; Page: 7B; Enumeration District: 75; line 90, dwl 143-144.
  3. [S1233] 1930 U.S. Federal Census , Goodwell, Texas Co., Oklahoma; Roll: 1925; Enumeration District: 8; Page 142, Sheet: 2A, line 19, dwl 24-28.
  4. [S1479] 1940 U.S. Federal Census , Duncan, Stephens, Oklahoma; Roll: T627_3334; Page: 7B; Enumeration District: 69-5.
  5. [S93] Newspaper Obituary, http://www.legacy.com/obituaries/statesman/obituary.aspx

Ruby Houghton1

F, #87116, b. 10 January 1891

Biography

Corresponded with author?
A Contributor to Houghton Surname Project?
BirthJan 10, 1891Freeport, KS, USA, age 9 in 1900 census; age 19 in 1910 census2
Occupation1910public school teacher

Citations

  1. [S1230] 1900 U.S. Federal Census , Saline, Woods, Oklahoma; Roll: T623 1343; Page: 1A; Enumeration District: 234; line 1, dwl 1-1.
  2. [S1231] 1910 U.S. Federal Census , Anthony, Harper, Kansas; Roll: T624_441; Page: 7B; Enumeration District: 75; line 90, dwl 143-144.

Mary J. Houghton1

F, #87117, b. 1 February 1895

Biography

A Contributor to Houghton Surname Project?
Corresponded with author?
BirthFeb 1, 1895Haprer Co., KS, USA, age 5 in 1900 census; age 15 in 1910 census1

Citations

  1. [S1231] 1910 U.S. Federal Census , Anthony, Harper, Kansas; Roll: T624_441; Page: 7B; Enumeration District: 75; line 90, dwl 143-144.

Sylvanus Houghton1

M, #87118, b. 12 May 1908, d. 1 April 1925

Biography

A Contributor to Houghton Surname Project?
Corresponded with author?
BirthMay 12, 1908Jet, Alfalfa Co., OK, USA, age 2 in 1910 census; age 11 in 1920 census1,2
DeathApr 1, 1925Brookshire, Waller Co., TX, USA, age 18, killed by a train2
BurialApr 4, 1925Oklahoma City, TX, USA2

Citations

  1. [S1231] 1910 U.S. Federal Census , Anthony, Harper, Kansas; Roll: T624_441; Page: 7B; Enumeration District: 75; line 90, dwl 143-144.
  2. [S654] Electronic Web Site, , http://www.footnote.com: Texas Death Records, Houghton surnames.

Edgar Paul Houghton1

M, #87119, b. 15 August 1888, d. 1 November 1905

Biography

A Contributor to Houghton Surname Project?
Corresponded with author?
BirthAug 15, 1888KS, USA, age 11 in 1900 census2,1
DeathNov 1, 19051

Citations

  1. [S882] Ancestry.Com, online www.ancestry.com, http://trees.ancestry.com/tree/10166423/person/-685980456
  2. [S1230] 1900 U.S. Federal Census , Saline, Woods, Oklahoma; Roll: T623 1343; Page: 1A; Enumeration District: 234; line 1, dwl 1-1.

Eunice Ruth Houghton1

F, #87120, b. 28 March 1890

Biography

A Contributor to Houghton Surname Project?
Corresponded with author?
BirthMar 28, 1890Harper Co., KS, USA, age 10 in 1900 census; age 19 in 1910 census1

Citations

  1. [S1230] 1900 U.S. Federal Census , Saline, Woods, Oklahoma; Roll: T623 1343; Page: 1A; Enumeration District: 234; line 1, dwl 1-1.