Transcript of Record — Dow Co. v. Halliburton Co.

Supreme Court brief1945

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Text

Vol. I

TRANSCRIPT OF RECORD

(Pages 501 to 988)

Zz

Supreme Court of the United States

OCTOBER TERM, 1944

tig | &.. No. 50

THE DOW CHEMICAL COMPANY, PETITIONER,

ts,

°

HALLIBURTON OLL WELL CEMENTING COMPANY

— _

No. 61

HALLIBURTON OfL hab CEMENTING COMPANY,

, PETITIONER,

z

s.

THE DOW CHEMICAL COMPANY

N WRITS OF CERTIORARI TO THE UNITED STATES CIRCUIT COURT

>

OF APPEALS FOR THE,SIXTH CIRCUIT

as om pone * (APRIL 6, 1944.

PETITIONS FOR CERTIORARI FILED ) y pry 15, 1944,

CERTIORARI GRANTED MAY 15, 1944.

Supreme Court of the United States

OCTOBER TERM, 1944

No. 50

THE DOW CHEMICAL COMPANY, a Corporation,

Petitioner,

Vs.

HALLIBURTON OIL WELL CEMENTING COMPANY,

a Corporation,

Respondent.

TRANSCRIPT OF RECORD

On Petition for Writ of Certiorari to the United States

Circuit Court of Appeals for the Sixth Circuit

Volume II—Pages 501 to 988

WILser OWEN,

1601 Nicholas Building, Toledo, Ohio,

Carvin A. CAMPBELL,

The. Dow Chemical Company,

Midland, Michigan,

Russet, WILEs,

Board of Trade Bldg., Chicago, Illinois,

Donato L. Conner,

The Dow Chemical Company,

Midland, Michigan,

Attorneys for Petition?r.

Kart Bascock,

Dunean, Oklahoma,

Lzonarp S. Lyon,

811 West 7th Street,

Los Angeles, California,

Attorneys for Respondent.

IN THE

UNITED STATES CIRCUIT COURT OF APPEALS

FOR THE SIXTH CIRCUIT

Tue Dow CuemicaL Company, a CORPORATION,

Plaintiff-Appellant,

vs.

Hauursurton Or. Weitit Cementinc Company,

A CORPORATION, Defendant-A ppellee.

Appeal from the United States District Court for the

Eastern District of Michigan, Northern Division

Catvin A. CAMPBELL,

The Dow Chemical Company,

Midland, Michigan,

Attorney for Plaintiff.

Wiiser Owen,

1601 Nic..olas Building, Toledo, Ohio,

Russet, WIzés,

Board of Trade 8ldg., Chicago, Illinois,

Downavcp L. Conner,

The Dow Chemical Company,

Midland, Michigan,

Of Counsel fer Plaintiff.

Earv Bascock,

Duncan, Oklahoma,

Attorney for Defendant.

Lzonarp S. Lyon,

811 West 7th Street,

Los Angeles, California,

Of Counsel for Defendant.

ili

INDEX TO VOLUMES I, Il AND III

Pages

CGS. ese cen ceeikebanesecd ces ee Pee rr ee 2,3

Amended Answer of WIIIIN 6 5.6 < sins eNeheneiwnancankec 4-12

PIII 5s cu Carers old cad Gud codnunyt nb o& ne ee caus 13

Stipulation re Previous Litigation idpesaenykesumereneeeuees 13, 14

I ied Cena Side Wcdn a wnnaes oes 1403, 1408, 1425, 1434

Proceedings on Settlement of Findings of Fact............. 1435-1477

Findings Bk OPER ETO Cee re eae! 1478-1491

Cen OU FEINW 5 conc ck ac cces cones sSeae cleus sekdearo 1492

SE ROTTS RENE Ay PEE Beare Nn HEE Ve ae RNa Ie gt 1492-1493

de PR pn ee) ene Pete eater TEC 1494

een UN ROS ol yc. vida Wied dhe cows veeneub beads 1494-1495

Stipulation Extending MN, cant ivecacas serie tesutitOree 1496

Statement of Points on Which Appellant Will Rely......... 1497-1500

Stipulation Approving Printed Record on Appeal........... 2048

Prima Facte WITNEsSES

Direct Cress Redirect — Recross

500

PROCEEDINGS IN UNITED STATES CIRCUIT COURT

OF APPEALS—SIXTH CIRCUIT 159

PAGB

Entry—Cause Argued and Submitted.............. 2061

SL wn vn acces pt daveces SVACRheMane Seer eeent@ es 2051 =

NI. ova vcs Ko Wek nd'y xo ye trsnxerncensnheass heres 2052

Patitien for TeOATU, bc cc cgececscccsrscvnseye 2061

Order Denying Petition for Rehearing.............. 2077

Cate Ce os eek va bA a eRe ken 2077 ee

Orders allowing certiorari 2078 a

neopeb H. C. (Stipulation).... 235-239 a

Nicholas, Carl A..........-... 263 283 283

Pe nhaligen, Chas. ............ 160 163

3. & §§ eee 501 614 794,837 833,843

Putnam, Sherman W.......... 143 150

Rebbeck, James W............ 43 96

yet Se 286 295 300 300

Steelman, SSS a Hees 301 304

Verser, Joe Kinnard.......... 258

iv

DEFENSE WITNESSES

Cross

1063

947

1048

1034

1606

997

1028

1122

1069

Cross

1291

1213

1182

1307

1413

1151

1338

1278

Direct

Es cick eeeaccan ees 1061

OCatiey, Bovert T......cccseses 1053

ES SEE riesgo sertcveveces 896

ee ce baa eed 1040

i soo cnc cue suuees 853

as cad cine bbe ws 1075

Knappen, ey 1077

(Stipulation)

Knappen, Russell S............ 1090

McKain, Bessie G............. 1054

Neuhauer, John J............. 1057

Nichols, Howard M............ 1030

EL Se 1002

Spruance, Frank Palin.... ... 989

Thomas, William A............ 1010

Wescott, Blaine B............. 1110

MR re se va enedeas 1065

\ ——s

Nag a

ResuttaL WITNESSES

Direct

Alquist, Francis N............ 1359

Blum, Edward D. (Stipulation).1161

Crampton, Fred .............. 1290

Dougherty, Chas. I............ 1195

Og SAAR ae 1166

| SEER eee 1300

Luman, Edw. D. (Stipulation) .1156

Poffenberger, Ira N........... 1499

PN, COE Macc ace wcesedvs 1130

Rebbeck, James W............ 1320

Sprenger, Walter ............ 1256

Staggs, Horace M............. 1158

(Stipulation)

ee, MN oss ks coc wee 1298

Wevgandt, Arthur S..........1201

Wolmer, Clifford F............ 1295

Redirect

1051

1089, 1090

1109

1039

1007

1001

1074

Redirect

1250

1194

1314

~ 1418

1357

1289

Recross

Recross

1254

Vv

INDEX TO EXHIBITS

PLAINTIFF’s ExHIBITs

Exhibit Pages

Number Identified Printed

1 Grebe-Sanford patent in suit 1,877,504 15 1501

2 Grebe patent 1,916,122.............. 15 1504

3 Grebe- mae | patent 1,998,756...... 15 1509

4 Chamberlain patent 2,024, Wo ses 15 1512

7 Bureau of Mines Bulletin 148........ 29 Vol. 1, 29

9 Chart of patent apy lications involving

use of acid in wells, filed from 1866

“8 Pr ea sent pee 63 1515

914 Revision of Exhibit 9............... 80 1516

10 Chart entitled, ‘‘Streams of Knowl-

EEE OP CE TSE ree yer ee 65 1517

10% Prior Art’Patents and Publications. . 1518-88

Sherwood Eee ae ee 65 1518

Roberts EES ieee 46 1521

Dickey vce ekcacas 47 1525

Roberts CE ks oc i pacee 49 1528

Looney I os ccs 66 1530

Aiken NR 86 1531

Ball CE his ee 40h 60 70 1533

Mitchell ae ay oe 50 1537

Dunn SE orcs en cav os 5 1541

Muehl SS ee 71 1546

Lake etal. 1,406,045............ 7 1549

Tilton I i v6.0.0 6 05 80 74 1552

Atkinson !: 53 1558

Ranney et al. 1,806,499............ 75 1565

Bowman So Serer 77 1570

Young oe a Jee 5D 1575

British Patent 158,768............ 94 1578

Millon article (1845)... .......... 83 1581

Conroy article (1901)...%......... 87 1584

Wwetts artesee (TPES)... ccc ccccces 89 1587

Corbett article (1918)............. 93 1588

12 Summary of Dow Shipments of acid

with inhibitors February 11 to Novem-

13 Letters, dated June 13, 1932, to Jan-

uary 19, 1933, from oil industry i inquir-

ing about new Dow process of acid

treatments for oil wells.............. 148 1597-1625

14 Item in Midland paper regarding new

Dow well treating process, dated June

ee oe Me 1626

All exhibits are printed in Volume IV are se indicated.

68

vi

PLaINTIFF’s ExHIBITs

Pages

Identified Printed

First invoice of defendant for acidiz-

ing well, dated March 11, 1935........ 248 1627

Second invoice of defendant for acidiz-

ing well, dated May 25, 1935......... 248 1628

Third invoice of defendant for acidiz-

ing well, dated May 25, 1935......... 248 1628

Purehase order from Erle P. Hallibur-

ton, Ine., dated 5/21/34, for acid treat-

ment of well by Dowell, Inc........... 250 1629

Ditto, dated October 24, 1934........ 250 1630

Bulk material sales receipt for 1,000

gal. Dowell X acid delivered by Dowell

Ine., to Erle P. Halliburton, Inc., dated

Pe Or I hos Sie vi 3 cb eieens 250 1631

Agreement dated March 15, 1934, for

acidizing two wells by Dowell, Inc.,

for Gteen Drilling, Ine....< ce ccecce 251 1632

Agreement dated April 20, 1934, for

avidizing ten wells by Doweil, Inc., for

Steen Drilling, Inc., or Erle P. Halli-

SN SU Sas chao eaudcs oe cers 251 1635

Order froma Steen Drilling, Inc., dated

3/15/34, for acid treatment by Dowell,

NIE Ee a Grn rn i Oe Bally 254 1639

een My A ee Pam a 254 1639

oe Ee | SRR eae 254 1640

Purchase order from Erle P. Hallibur-

ton, Ine., dated 5/9/34, for 2,000 gal.

acid job by Dowell, Inc............... 254 1640

Receipt, dated 7/10/34, for well treat-

ment performed by Dowell, Ine., for

Erle P. Halliburton, Ine............. 254 1641

ee SN 254 1642

Betem, cmted GPIG/OE. . os. ccc ccc ce. 2% 1643

Ditto, dated 9/16/34................ 254 1644 —

Purchase order from Steen Drilling,

Inc., dated 9/16/34, for 1,500 gal. acid

Pe a Se Re te eal gs < 254 1645

Receipt, dated 10/24/34, for well treat- %

ment performed by Dowell, Inc., for

Erle P. Halliburton, Ine............. 254 1646

Ditto, dated 11/14/34............... 254 1647

i ey By. fe) 254 1648

Stipulation re testimony of RE.

ERD ay ee o 213 Vol. I, 213

Stipulation re testimony of H. C. Mil-

Ms Geral or aad sey ee 235 Vol. i, 235

All exhibits are printed in Volume IV unless otherwise indicated.

Exhibit

Number

154

155

156

157

158

159

Vil

PLaINTIFF’s ExHIBITs

Pages

Identified Printed

Sketches of defendant’s truck tank... 262

Article in Oil City Derrick of October

10, 1895, entitled ‘‘A Great Discov-

ery,’’ reporting acid treatment of well

by Frasch and Van Dyke............ 1194A

Table of Dowell, Inc., statistics show-

ing growth from November 10, 1932,

to 1940, inclusive. (See also Plain-

le I UD ss ssa ccesas dass ces 161

Well completion data Greendale

(Michigan) oi) field................. 168

Carnegie Library Card cataloging

available issues of Oil City Derrick. ..1194A

Item in Oil City Derrick for October

28, 1895, reporting acid treatment of

wells by Frasch and Van Dyke....... 1194A

Ditto, for November 9, 1895......... 1194A

Ditto, for January 15, 1896.......... 1194A

Ditto, for February 20, 1896......... 1194A

Ditto, for February 22, 1896......... 1194A

Ditto, for March 26, 1896........:>...1194A

Ditto, for August 10, 1897........... 1194A

Stipulation re Williams Bros. record.. 13

Gypsy Oil Company correspondence

and reports re removal of ‘‘Gyp’’ seale

and prevention of formation of ‘‘Gyp’’

in oil wells of the Glenpool, Okla.,

WE 3559.00. neue buen cue ae eees c. 1087

Bartell Table showing results of cor-

rosion tests with defendant’s truck

(treating) acids on strap iron test

UNE sok awe Sats a ec ho eee kek we 329

Ditto, showing results on test pieces

of oil well pipe from National Supply

Ditto, showing results on test pieces

of oil well pipe from Oil Well Supply

Ditto, showing results on test pieces

of oil well pipe from Atha Supply Co.. 334

Bartell Table showing results of cor-

rosion tests with defendant’ s storage

acids on strap iron test pieces. ... 345

Ditto, showing results on test pieces

of oil well pipe from National Supply

RO Pee eees xe VeeR tie oko e eas 345

1649

1651-54

1655

Vol. I, 168

1656

1656

1657

1658

1659

1661

1661

1663

Vol. 1,13

1664-1704

1705

1710

All exhibits are printed in Volume TV urless otherwise indicated.

viii

PLAINTIFF’s EXHIBITS

Exhibit Pages

Number Identified Printed

160 Bartell Table showing analyses of de-

fendant’s truck (treating) acid sam-

Ns h wn ere ruek dees Wed exci cke yes 376 1711

161 Bartell Table showing analyses of acid

samples taken from defendant’s stor-

OE I gees oie Eke 378 1712

162 Bartel! Table showing analyses of acid

samples taken from defendant’s stor-

age tanks and diluted to strength of

defendant’s truck (treating) acid sam-

DIO ao tana pe nae eee Ch aha hed eae 379 1712

163 Bartell Table showing content of cop-

per, lead and iron in acid used by de-

fendant in treating Zahn well, and

same as to acid from defendant’s stor-

DAP a) Aico ee cena 380 1713

164 Bartell Table showing content of cop-

per, lead and iron in acid used by de-

fendant in treating Stella Wileox

well, and same as to acid from defend-

SE Ce I 5 wh ks Cac bnckccn. 383 1714

165 Bartell Table showing content of cop-

per, lead and iron in acid used by de-

fendant in treating Crawford well, and

same as to acid from defendant’s stor-

ERR RR ale ete eg eee 384 1715

166 Bartell Table showing results of cor-

rosion tests using ¢. p. (chemically

pure) hydrochloric acid solution con- -

taining different amounts of copper,

Me MP a cece us| 304 1716

167 Bartell Table showing effect of agita-

tion and increased quantity of acid on

corrosiveness of acid solutions con-

taining different amounts of copper,

WE IE IE gays re cote Lanccci. 407 1719

149 Bartell Table showing amounts of cop-

per, lead and iron in defendant’s truck

(treating) tank acids and storage tank

SR RL CUO ERE RS 9% Feit I, 7 Sacer 424 1720

170 Bartell’s chart showing effect of add-

ing copper, lead and iron to 15.1% e. p.

WYGROUNNOWEC OOM. o5 5c Avi vec cccccs 428 1721

All exhibits are printed in Volume IV unless otherwise indicated.

173A

173B

173C

173D

176

Ww.

178

179

180

181

182

183

184

185

ix

PuarntirF’s ExHIsBITs

Pages

Identified Printed

Bartell Table showing percentage re-

duction in corrosiveness of hydro-

chlorice acid resulting from addition of

different inhibitors named in Grebe-

GONE POO onc cccscassccecenssss

Data showing dates when samples of

defendant’s treating and storage acids

were taken by plaintiff and dates of

receipt of acid by defendant.........

Prutton Table showing results of

small seale tests of corrosiveness of

hydrochloric acid containing different

amounts of iron, lead and copper.....

Table comparing results of some of

tests shown in Exhibit 173A.........

Rh ES DORE ery oe eee eee Pee ge

Ditto, and description of tests, mate-

rials and equipment used and explana-

i nce tia ca egw w 6

Prutton Table showing amount of iron

dissolved from Series 1 oil well tub-

ing in large scale Run 1A using 15%

I vob veeve sashes ees

eg) Fe eye rer Te

Ditto re Run 2A using Series 2 tubing

Ditto re Run 2C using Series 2 tubing

Ditto re Rnn 1B using Series 1 tubing

and 15% commercial HCl containing

small amounts of copper, lead and iron

GERRI era a py Reaiaran or MRAP

Ditto re Run 2B. Similar to Run 1B,

but with Series 2 tubing.............

Ditto re Run 2D. Similar to Run 2B,

but with different amounts pf copper,

Se I lao on a dade cadcakneedes

- Ditto re Run 2E. Similar to Run 2B,

but with different amounts of copper,

ee Oa ite Seman) ey aime f

Prutten’s -sdmmary and conclusions

with respect to runs in Exhibits ,176-

ar te, rte A pa

-Prutton Tables showing: results of

Runs 1M, 1N, 2M and 2N, using com-

mercial acid from special tank embody-

ing features of defendant’s truck tanks !

Sketch showing equipment used in

Runs 1M, 1N, 2M and 2N........... f

494

516

516

516

516

508

515

515

515

1723

1724

1728-33

1742-45

1746-49

1751

All exhibits are printed in Volume TV unless otherwise indicated.

Exhibit

Number

186

187

188

189

192

195

196

199

200,

aa

202

03

204

205

216

218A-218D

219, 220

WIR

931 A-221,J

939 —

233

x

PuaIntTiFF’s ExHIsits

Defendant’s booklet re Howco method 587

Prutton graph showing results of runs

ie ee 602

Prutton graph comparing results of

Runs 1M, IN. 2M and 2N (Exhibit

185) with average of Runs 1A, 1AA,

2A and 2C (Exhibits 176°179)........ 604

Prutton graph showing results of tests

of 15% e¢. p. hydrochloric acid with

different added amounts of copper,

SE Gy ION 5 vase caee cede peneews xs 605

History of oil development in lime-

stone fields prior to 1932 and history _

of acidizing in those fields beginning —

in 1932, prepared by the witness Fitz- ~

eee Nea cePees canes ene ys 178

Item from Montana Oil & Mining

Journal for January 26, 1935, report-

ing increase of production in Pondera

“

Pages

Identified Printed

Vol. II, 587

1752

1753

1754

1755-70

(Montana) field, due to acidizing..... 186 1770

Bulletin of Montana Oil Conservation

| ROPE ART il OREO, ES aa tae ena 189

' Letter, Grasselji to Oil Makers, 10-14-

»)

ine ote Pen ea baled une e eal itect 1174

Letter, Grasselli to Oil. Makers, 11-1-

SR aie eter eerie Ott rege bag he I 1175

Letter, Grasselli to Oil Makers, 1-26-

BS cans Sear can ge ren ete ety eoe Meee Os 1176

Letter, Grasselli to Oil Makers, 9-15-

te rate er On as eed fin Ja 1179

Letter, Oil Makers to Grasselli, 10-8-

Vol. I, 187

Vol. TTT, 1172

Vol. TIT, 1174

Vol. TIT, 1175

Vol. IIT, 1178

Vol. ITT, 1179

EN a ae ee Pane 1179 ‘Vol. ITT, 1180

Oil Makers checks to Penn. Salt Co.. .1196

Letter, Lee to Oil Makers, 2-7-33..... 12438

Pages from notebook kept by the wit-

RE IN oar oa 5Gh Putin nies 1257

Photograph of standing valve and

co OE Re en hae 1268

Letter, Prutton to Rebbeck, 1-28-41... 799

Dew Company’s records of shipments

of acid to Pure Oil Company during

period from Febrnary to May, inclu-

UNS oa ween week Lipstik os 140

Table supplementing Exhibit 94...... 845

Summary of well treatments made by

licensees of Dow other than Dowell... 845

Vel. Tif, 1196

Vol. IIT, 1242

All exhibits are printed in Volume TV unless otherwise indicated.

f

Exhibit

Number

234

305

328

329

330

331

337

348

344

347

348

xi

PuaInTIFF’s EXHIBITS

Sketch and data prepared by Dr.

Prutton showing rates of attack on oil

well tubing of 15% ec. p. hydrochloric

acid and of 15% synthetic defendant’s

SRR I Eee a renee 840

Dowell advertisement in Petroleum

World, September, 1938............. 846

Ditto for January, 1939............. 847

Dowell, Inc., Service Price Schedule

Be PN ys snd oe dade am Ws 0 oe ok ee 852

Record of shipments of hydrochloric

acid and arsenic inhibiter by Dow

Company for period January to June;

Be PIN ic eh ae a 121

Affidavit of Robert Quinlan on the

first treatment of a Pure Oil Company

well with inhibited hydrochloric acid. .1028

Table showing results of acid treat-

ments of gas wells by Dowell, Ine.,

prepared by the witness Lyons....... 191

Ditto, showing additional treatments

TS 8 RETA oe ne ee ere 193

Table showing time acid was in tubing

in each of 122 acid treatments made by

Dowell in Kansas from March to Sep-

tember, 1936, in 97 consecutive Ar-

buckle dolomite wells................ 197

Data showing average time acid was

in tubing in making the 122 treatments

itemized in Exhibit 330.............. 197

Chart showing combinations possible

under claims of Gravell Patent

ton EIRP eae, Se a tena mee 1320

Alquist Table shewing rate of corro-

sion of mild steel im various concen-

trations of hydrochloric acid......... 1365

Charts forming part of Exhibit 343. ..1365

Alquist Table showing acceleration of

the rate of corrosion of hydrochloric

acid containing an acid regulator

cansed by the addition of tin, cobalt

OE oi dae a i rer a he ce 1370

Chart forming part of Exhibit 344... .1370

Table supplementing Plaintiff’s Ex-

I ae cee ee nT a 1404

Table showing treatments by Dow

licensees other than Dowell.......... 1404

Pages

Identified Printed

1789

1790

1791

1792

1793

1794

1796

1t97

1798

1799

1800

1801

1802-03

1804

1805

1806

1807

All exhibits are printed in Volume TV unless otherwise indicated. —

Exhibit

Number

366

xii

PLaIntTiIFF’s Exuisits

P

at oes

Identified Printed

Table showing summary of royalty

charged by Dow Company to licensees. 1404

Table showing quantities of inhibited

acid and other materials used by

RU, Cruces saa oe cau teasbees 1405

Graph illustrating data in Exhibit

GE Sc rise Caen aha eaearewcten ees 1407

Acidizing orders, tickets and other

data from defendant’s files relating to

wells at which plaintiff secured sam-

ples of defendant’s truck (treating)

acids

Dowell advertisirg data for years 1932

to 1934

Photograph of one-half gallon con-

tainer used in Alquist’s tests, and

table and graphs showing results of

ME ich een eh nadakesewirecesdexes 1376

‘Photographs of 10-galion drum and of

equipment used by Alquist in making

tests, and tables and graphs showing

IE Ar I Es hn so cos cdecuccse 1380

Table, ‘graphs and drawing of equip-

ment used by Alquist in making tests,

showing loss of strength of 15% hy-’

drochloric acid when in contact with

iron for different periods up to 24

EEG AE OE aren et nee, Oar pe ne 1398

Bartell Table showing summary of

corrosion tests of various commercial

hydrochloric acids of 15.1% strength. . 499

Table showing Dowell advertising 1932

Oh ee ING On ws cen ceekecces 1408

Poffenherger’s report on acid treat-

ment of Dow Company’s brine well

No. 77

Poffenber

ment of

No. 80

Poffenberger’s report on tests of in-

hibiting value of arsenic compounds

in hydrochloric acid................. 1423

Carr and Humphrey patent applica-

tion for method for increasing fluid

production from oil wells............ 1427

r’s report on acid treat-

w Company’s brine well

1808

1805

1810

1811-24

1825

1827-29

1830-40

1841-46

1847 ©

1848

1849-53

1855

ay

1857-64

All exhibits are printed in Volume IV unless otherwise indicated.

Number

Exhibit

367

368

370

104

105

xili

PLaINTiFF’s EXHIBITs

Identified Printed

Carr and Humphrey patent applica-

tion on chemical reagent for use in

aa aat wa ptine s e's 1428

Carr and Humphrey patent applica-

tion for method for introducing acid

reagents into oil wells by gas pres-

ER Oe ee Oe: ae 1428

Agreement between The Dow Chemical

Company and The Pure Oil] Company

dated January 31, 1933.............. 1428

Agreement between The Dow Chemical

Company and The Pure Oil Company

ee I A CR ac va nd ed Sew 6 5 1428

DEFENDANT’s EXHIBITS

Excerpts from article by R. Van A.

Mills, dated December, 1923, entitled

‘*fhe Paraffin Problem in Oil Wells’’. 35

Letter from M. G. Harper to J. W.

Van Dyke, dated December 5, 1895. . .1033

Telegram, Harmon to Van Dyke,

dated January 24, 1896.............. 1033

Memo from C. F. Lufkin to Van Dyke,

SE. tas us agen swans sours eae 1033

Telegram, J. C. Donnell to Van Dyke,

dated November 25, 1895............

Telegram, Harper to Van Dyke, dated

a 1 eS eee

Letter, The Grasselli Chemical Com-

any to Van Dyke, dated July 26, 1895

tter, Herman (Frasch) to Van

Dyke, dated September 22, 1895......

Letter, Harper to Van Dyke, dated

ere 1033

Letter. Harper to Van Dyke, dated

i 2 See 1047

Letter, Ohio Rubber Company to Solar 4

Refining Co., dated September £1,

es coe cea sia Mis 6s sir a0 sole 1047

Letter, Ohio Rubber Company to Solar

Refining Co., dated September 25,

SS OC ee ear ee

Memo re Crossley Well No. 3 of Ohio

aR eta GR ee pe en 1047

Pages

1864-68

1868-72

_

1873-77

1877-82

1883

1884

1885

1886

1887

1887

1888

1889

1890

1891

1892

1893

1894

All exhibits are printed in Volume TV unless otherwise indicated.

xiv

DEFENDANT’sS EXHIBITS

Exhibit Pages -

Number Identified Printed

108 Letter, Harper to Van Dyke, dated

See ye 1047 1895

109 Correspondence between Lufkin, Van

Dyke and Donnell re acid treatments

(July, 1895, and February, 1896)... . 1047 1896

110 Letter, Lufkin te Van Dyke, dated

Ee A ns cave phe heen nam nek 1900

111 Letter, Harper to Van Dyke, dated

PPOOUIOE BBN. occ bcawtncwce ... 1047 1902

112 Letter, Grasselli Chemieal Company to

Van Dyke, dated November 21, 1895... 1903 :

113 Letter, Van Dyke to Grassel!i Chemi-

cal Co., dated November 20, 1895... o. 1904

114 Meme dated November 21, 1895...... 1905

115 Letter, Frasch to Van Dyke, undated. 1905

132 Letter, Grasselli Chemical Co. to Van

Dvke, dated July 19, 1895. ........... 1906

138 Letter, Lutkin to Van Dyke, dated Au-

ee ee. a aah a Ree awe eee bee 1907

151 Report on scale formation in wells by ,

Ree eee 1081 1908-2]

152 Report by F. W. Karl, dated February

1, 1929, re treatment of William

Borryni Well No. &........ccsecsces 1087 1922

3 Same as Plaintiff’s Exhibit 153. ..... 1087 1664-1704

191 CAPGROT UGNGES . 6 nc oo ci ccsesewueie 790 = Voi. I, 752

21 Letter, Robinson to Prutton, 9-12-39.. 769 — Vol. IT, 769

292 Letter, Rebbeck to Prutton, 1-24-41.. 771 Vol. il, 772

233 Letter, Prutton to Rebbeck, 2-15-41.. 774 Vol. IT, 775

294 Letter, Rebbeck to Prutton, 7-10-41.. 791 Vol. II, 791

225 Letter, Rebbeck to Prutton, 7-9-41... 792 | Vol. iI, 791

2°6 Letter, Rebbeck to Prutton, 7-9-41... 792 Vol. IT, 793

227 Letter, Rebbeek to Prutton, 7-11-41.. 792 Vol. IT, 793

PRN) Hathorn’s chart re tests on hard steel

OR OU RR AR Beet Geli ece pry aN et nae oy 54 1924

28] Hathorn’s chart re tests on hard steel

ae me epee ai gh ie Tea iter pe ak ert ea 854 1925

282 Hathorn’s chart re tests on hard steel

|g SS CEPR SelB Sey ol MA ae SRO 854 1926

285 Hathorn’s chart re tests on soft steel

NE kt i cass ron ae 854 1927

O84 Hathorn’s chart re tests on soft steel

SRM tcc wate cere tS et aN 854 1928

O85 Hathorn’s chart re tests on hard steel

A chat c dacs ant hioonese<e ae 1999

286 Hathorn’s chart re tests on soft steel

WO WP Re ce cca coc cuiiecesecowets 854 1930

All exhibits are printed in Volume TV unless otherwise indicated.

xv

DEFENDANT’s EXHIBITS

Exhibit Pages

Number Identified Printed

287 Index for Hathorn’s corrosion experi-

SONS inns pd kcaheevenekeoeannre ones 855 1931

288 Photograph of Hathorn’s hard steel

GRE Gs Nig sO paveseeaneuns ean coes 855 1932

289 Photograph of Hathorn’s soft steel

RN Be ni eens sh chscnenicecerceeks 855 1933

294 i, 2 ee ere ee 912 1935-88

OE HIE iw avectcvccvdexsescte SO 1935

RENEE TIPE occvcccvcbeeoeces 913 1939

ED ccc cuweueWeenous 915 1941

CIEE DOE x vce bbs a cnedesees 1943

pO re rer 916 1945

CURUOT CITGO TIO 6 vacicccsccaees 95, 897 1947

Gravell and Douty 1,678,776....... 1950

Pisoner et al. 1,736,202. .....cccees 917 1954

SEN ECR ty hc oo sade cs ane 918 1957

| ro 920 1961

Vignos 1,750,651 .............005. 920 1964

Harrison 1,766,902 ........... —.. we 1968

Corson et al. 1,773,953...........; 921 1971

Lawrence 1,780,594 ............... 922 1974

Lawrence 1,780,595 ............0-. 1976

Ce SPE Sys vewee vans saees 923 1978

eh a er ee 923 1980

Ce Cy oa wee seen ss 923 = 1985

Ct a EE er er ce ae ee 76 _ 1988

300 Memorandum given by Grebe to de-

fendant’s witness Thomas........... 1012 1993

301 Letter, C. Plummer to The Dow Chem-

ical Company, dated December 1, 1932.1016 1994-97

302 Memorandum of conversation with

Ross T. Sanford, dated December 8,

BE Ses bxcciwhes ceRe cee oee 1016 1998-99

303 Memorandum of conversation with

John J. Grebe, dated December 8,

304 Preliminary draft of patent applica-

tion of John J. Grebe, dated June 7,

MR tac ecccussncxtreeepar eaten 1025 2002-09

312 File history of Grebe and Sanford pat-

GR SCG 0.6 66S bao ccd eeree menses 2010-46

314 Conception data sheet signed by John

J. Grebe July 2, 1932............002 2047

All exhibits are printed in Volume IV unless otherwise indicated. _

501

Dr. Carl F. Prutton

DR. CARL F. PRUTTON,

a witness called on behalf of Plaintiff, testified as follows:

- DIRECT EXAMINATION

My name is Carl F. Prutton. My residence is 2217

South Overlook Road, Cleveland Heights, Ohio. My occu-

pation i is professor in charge of the chemistry and chemical

engineering department, at Case School of Applied Science,

in Cleveland, Ohio.

As to my education, I received the Bachelor of Science

degree, the Master of Science degree, and Doctor of Phil-

osophy. My experience in chemical matters has been con-

nected with both my educational training and industrial

experience as a consultant for many concerns. I have been

connected with Case for twenty-one years. Electrochem-

istry is one of the subjects that I have taught for many

years.

By Mr. Owen:

Q. Have you conducted any experiments with a view

to ascertaining what effect the presence of small amounts

of copper, lead and iron in hydrochloric acid solutions has

on the corrosive effect of the acid on iron or steel? A. I

conducted two sets of tests, to determine the effect of

copper, lead and iron in hydrochloric acid solutions, upon

oil well tubing. The first set of tests was conducted upon

a small] laboratory scale; the second series of tests was

conducted on a large piping set up, in which large volumes

of prepared acids were run through the system. The tests

were conducted in the laboratories of the Case School of

Applied Science during the last two years, or two and a

half years.

The small scale tests wefe performed in the following

manner: One inch sections of 14% inch type C oil well tub-

ing were cleaned under an exact procedure of cleaning, fol-

lowing the following steps: First, the small sections of

02

Dr. Carl F. Pruttos

tubing were washed thoroughly with a fifty-fifty mixture of

benzene and acetone. Second, immersed in 15 per cent c.c.

hydrochloric acid for one hour. Third, rinsed thoroughly

in water. Fourth, dried in an oven at 105 degrees Centi-

grade for one or two minutes, simply to remove the

moisture.

The ends of the samples were then carefully faced off

in a lathe. The handling of the sample in that operation

was done avoiding any contact of extraneous material,

handling with metallic tongs, and there was no oil used in

the cutting operation. In this manner an exact length of

oil well tubing could be obtained.

The sixth step was to brush the inside surface of the

tubing with a hardened steel wire brush, known as a flue

cleaning brush, which removed any loose particles of metal

from the inner surface of the sample. The outside of the

sample was burnished on a clean wire burnishing wheel, to

remove any loose particles. The seventh step was, the

sample was then rinsed in acetone, and then dried in an

oven at 105 degrees Centigrade for about one minute, and

then cooled in a dessicator, and weighed.

The test procedure was to take these small sections of

oil well tubing which had been cleaned in the manner that I

just described, and suspended them after, of course de-

termining their initial weight, suspended them in a two

liter bottle by means of a glass hook coming through the

top of the bottle in the middle of the sample of acid on

which the corrosiveness was to be determined. 1360 c.c. of

acid were placed in the bottle. The bottle was immersed

in a constant temperature bath at 30° C. and when the

acid in the bottle had reached the 30° C. temperature the

steel sample was then inserted and the test was started.

The sample was removed at the end of the three-hour

period, was washed with water, then with acetone, and then

quickly dried and final weight of the sample determined.

The loss in weight from the specimen was then calculated

by subtracting the two weights—the difference between the

initial and the final weights.

903

Dr. Carl F. Prutton

The results of these tests were reported in two figures.

First, the grams of steel dissolved per square meter of area

of the sample per hour of acid contact; and secondly in

terms of the percentage reduction in corrosiveness when a

~given sample of acid was compared with chemically pure

acid, exactly in the same manner calculation that Dr. Bar-

‘tell used in expressing his results.

Q. What acids did you use in these small scale tests?

A. The acids that were used in the small scale tests, first,

a determination was made upon chemically pure acid which

was diluted to 15% concentration and, of course, the results

of that test expressed onthe basis of percentage reduced

corrosiveness would be zero because it was the blank run.

Samples were then prepared from 15% chemically pure

-acid, which contained various amounts of copper chloride,

of lead chloride, and of iron chloride. The chemically pure

salts were dissolved in the acid in definite proportions to

give a range of compositions that covered the range of

compositions reported to us as having been found by Dr.

Bartell in his analyses of the defendant’s samples obtained

in the acidizing of oil wells.

The second test following the blank, the acid contained

15% hydrochloric acid, 473 parts per million of iron in

the form of iron chloride, 242 parts per million of lead, and

2.14 parts per million of copper. The percentage reduction

in corrosiveness of that acid as compared with the C. P.

was 59.7.

The third sample, 15% hydrochloric acid contained 473

parts per million of iron, 242 parts per million of lead, and

3.72 parts per million of copper. The percentage reduc-

tion in corrosiveness of that acid as compared with the C. P.

was 70.

The fourth sample contained 15% hydrochloric acid,

again 473 parts per million of iron, 510 parts per million

of lead, and 1.86 parts per million of copper. Percentage

of reduction in corrosiveness as compared with the C. P.

acid was 62.8.

The fifth sample contained 15% hydrochloric acid, by

U4

Dr. Carl F. Prutton

weight 473 parts per million of iron, 510 parts per million

of lead, and 4.18 parts per million of copper. The reduc-

tion in percentage of corrosiveness was 71.4.

The sixth sample containing 1430 parts per million of

iron, 204 p@rts per million of lead, and 1.86 parts per mil-

lion. of copper, the percentage reduction in corrosiveness

was 61.1.

The seventh sample, 15 per cent HCl, 1440 parts per

million of iron, 530 parts per million of lead, and 3.44 parts

per million of copper, 70.5 per cent reduction in corrosive-

ness.

The samples were all run in duplicate and the indi-

vidual determinations did not vary over one per cent from

each other, and the average is reported.

The conclusions from these tests are that copper chlor-

ide and lead chloride and iron chloride in the compositions

such as reported to me as having been found by Dr. Bartell

in the defendant’s acids, reduce greatly the corrosive effect

of the acid upun oil well tubing, and the reduction is around

70 per cent in this laboratory test. We have made some

other tests in which the proportions have been varied some-

what from these figures, but the percentage of inhibition

does not change greatly from these..

Q. Well, then, wil! you compare the results of the dif-

ferent tests you have made, six in number, as compared

ith the C. P. hydrochloric acid blank, and explain how the

effect of varying the amounts or the proportions of iron,

lead and copper have affected the corrosiveness of the solu-

tion? A. Well, these results would indicate quite definitely

that iron has practically a negligible effect in the concen-

trations that were used here, and if vou will look at Test 2,

in which 473 parts per million of iron were used and about

240 of lead and a little over 2 of copper, it was 59.7% re-

duced in corrosiveness. And when the iron was stepped up

in Test 6, to 1430 parts per million and the lead was about

the same, 204 instead of 242, and the copper was around 2

parts per million, the percentage corrosiveness reduced was

61.1, or substantially the same. In other words, the iron,

‘y

005

Dr. Carl F. Prutton

variation in iron concentration over this range of about 470.

parts per million to over 1400, the iron has pracf.cally no

effect upon the amount of inhibition that is obtained.

With the copper, why, vou can see a definite increase

in going from Test 2, where 473 parts per million of iron

were present and 242 of lead, but only 2.14 of copper gave

59.7 per cent reduction in corrosiveness. In Test 3, when

the iron and lead contents were identical and the copper

content stepped up to 3.72, or not quite double that in Test

2, the percentage of inhibition went up, or the percentage

reduction in corrosiveness went-up to 70 per cent. In other

words, doubling the copper content from 2 parts per million,

approximately, to 4 parts per million, increased the inhibi-

tion about 10 per cent.

The lead concentration, if you try to analyzé it, it shows

some slight increase in inhibitive power, but not nearly as

great as the copper, so the iron has practically no effect, the

lead has some effect and copper has a very appreciable ef-

fect, which agrees with Dr. Bartell’s tests.

Mr. Owen: I supposed I had a table showing what the

Doctor has been testifying to, and which I intended to offer,

but it is apparently not available today. 1 would like to

offer it tomorrow morning.

The Court: You may do that. I want to have it as an

exhibit. I will give you a number now. It will be PX-173.

(Plaintiff’s Exhibit No. 173 was reserved.)

Mr. Owen: You referred to another series of tests

which you conducted, more or less approximating conditions

which are present in acidizing an oil well. Will you describe

those tests and the apparatus and materials you used in

making them? A. In the large scale tests we used this

pipe ‘‘C’?’ oil well tubing, which we purchased from the Oil

Well Supply Company of Pittsburgh, Pennsylvania. There

are a number of charts and figures. I don’t know which

ones you want to intreduce in evidence.

Mr. Owen: Let us use PX-174 for the drawing show-

ing the apparatus which you used in your tests, and which

you are now going to describe.

506

Dr. Carl F. Pruttos

The Court: PX-174 will show this'larger experiment,

_is that it? I am thinking of it as the bigger one.

Mr. Owen: Yes. Now, will you describe the apparatus

and the materials, and the manner in which yqu conducted

those large scale tests? A. The apparatus employed was,

first. as shown in Figure 2 (PX-174) in this report that I

nave. In these large scale tests, approximately 200 gallons

of 15 per cent hydrochloric acid were run through 112 feet

of this 1% inch oil well tubing—15 per cent commercial

hydrochloric avid, and 15 per cent commercial hydrochloric

acid to which various metal concentrations were added. The

acid was all purchased from the Grasselli Division of the

du Pont Company, in Cleveland, and it was regular com-

mercial hydrochloric acid, or muriatic acid, delivered in

- carboys, and we transferred the acid from the carboys

through glass siphon tubes into a stoneware storage crock,

and dilated the acid with Cleveland city tap water to the

correct concentration of 15 per cent.

. The stoneware crock is the one shown in the photo-

graph, P.X-175? A. -Yes. The stoneware crock used was a

brand new stoneware crock, obtained from the Myers-

Knight Company, of Akron, and was thoroughly soaked in

hydrochloric acid for several days before using it in tests,

and between tests was soaked in 15 per cent hydrochloric

acid to be sure that there was no contamination from one

test to another.

The acid was prepared in that crock, and drained from

the bottom of the crock through the spigot into the piping

system, and connections were made between the piping

system and the stoneware crock by means of pure gum rub-

ber tubing, short lengths, and short lengths of 1 inch Pyrex

tubing.

The Court: Is that the part that is the top of the

tubing? A. Yes, the-top of the tubing. Part Y is the

start of the steel tubing. The line connecting-towthe crock

from point Y back to the crock and the line extending up

to the top of the crock is all Pyrex tubing, connected with

short lengths of, rubber tubing whereever connections had to

507

Dr. Carl F. Prutton

&

be made. All of the rubber connections that were used in

this work were soaked in hydrochloric acid for several days

to make certain no soluble constituents of the rubber tub-

ing would dissolve into the acid on the actual test.

The entire line of tubing was made up of 20-foot sec-

tions of this oil well tubing connected together with coup-

lings of the same tubing. The couplings were supplied with

the tubing when we purchased it. And elbows were pre-

pared by cutting the threaded ends off of several lengths

of the tubing and welding those short sections together to

make elbows with threads on them. That length of 1144” oil

well tubing, extending for a total distance of 112 feet, was

slightly inclined so the acid would run through it. I think

the fall from one end to the other was about six to eight

feet in the 100 foot length.

The Court: That is not shown. A. No, this is just a

schematic drawing. It was on a slight incline. At the

lower end of the oil well tubing, the discharge end, a rubber

stopper was inserted into the last length of oil well tubing

and through that a short length of 1” diameter Pyrex tub-

ing, and under that a short length of pure gum rubber tub-

ing. Extending beyond that rubber tubing was another

short length of Pyrex tubing that dipped into the top of

an open bottle. On this rubber tubing we had a screw

clamp so we could adjust the rate the acid ran out of that

piping system. The bottle had an orifice in the bottom,

this discharge bottle that the acid ran into of one-gallon

capacity, and by keeping the height of the acid in the bottle

at a definite level with this definite diameter orifice at the

bottom, the rate of discharge was maintained constant at

one gallon per minute, with a definite size hole in the bot-

tom of the bottle, side of the bottle, and a definite liquid

in that open bottle running into this tube you get a definite

rate of flow. It is a standard method of measuring the

flow. The rate of these tests was adjusted to one gallon

of acid per minute.

The Court: Your final oiliistiniaelt was by the size of

the stream? A. By the size of the stream, by the height

908

Dr. Carl F. Prutton

of the liquid column. The higher that liquid would be in the

bottle the greater the run out of the hole in the bottom. In

other words, we had a constant size orifice.

The Court: The adjustment was by the size? A. By

the size, by the screw clamp. The size of the stream was

adjusted so that we maintained a definite calibrated level

at the bottom. At the top of this system connectipg to the

Pyrex tubing leaving the crock was a gas vent which per-

mitted the escape of any hydrogen gas from the system. It

would simply bubble back up‘the tube and out of ‘the Pyrex

tubing vent at X. We discharged that back into the top of

the crock because sometimes the bubbles of hydrogen carry

small amounts of acid with it, a little slug of acid would be

shot out.

The Court: How did you get it back? A.. We just

bent the tube over the edge, up over the edge. These tests

were run at 85 degrees Fahrenheit. All of the tests were

run after the acid was adjusted to 85 degrees Fahrenheit.

The results of the tests and the data taken are given in in-

dividual tables that have been prepared, and if we take up

the first test that was made—before I take up this first test

I think it would be well to describe the method of cleaning

out this tubing.

The Court: Right in this same book? A. It is de-

scribed in there, all the methods that we used. It is the first

stiff sheet of tabular data there, marked Table I.

The Court: I was wondering if you wanted the whole

thing in. It seems like a very carefully Avorked out and

prepared document. I was wondering if you wanted this as

an exhibit. I am not trying to outline your course of pro-

cedure. I thought before we started using up letters I

would ask you whether you wanted it all in. You have g*

minutes on this one.

Mr. Owen: I have got minutes on this./ This is my

Copy and I have marked it up. Let us consider this to-

night.

The Court: Suppose we call Table I Exhibit PX-176.

And when we get one that you can spare and want to we

509

Dr. Carl F. Prutton

will put it in. I will save you the place. Table I is PX-176.

{Plaintiff’s Exhibit No. 176 was reserved.)

The Witness: The method of cleaning the tubing was

substantially the same as was used in cleaning these smal!

specimens that I described in the laboratory test. The first

cleaning operation was the washing of the tubing with a

solvent, acetone benzene, to get grease and paint and oil

off the outside and inside of the tubing, and then the tub-

ing was pickled with hydrochloric acid inside, fifteen per

cent, and then washed thoroughly and then reamed out or

brushed out with this very stiff flue brush, which was kept

very clean and we used a new one on about every second

test to remove any very loose particles of metal that may

have been on the inside of the pipe.

And the inside of the pipe, when that cleaning opera-

tion was over, had a burnished appearance. It was very

bright looking, very clean. The outside of the pipe in these

, tests was not wire brushed as we did in the laboratory test,

simple because the outside of the pipe was not exposed to

the acid in the large scale tests, but in the small scale tests

it was exposed. So we did not give it the same cleaning on

the oufside.

The tnbes and fittings were all accurately weighed, and

the accuracy of the weighings was to about two grams, and

s0 we could determine the loss in weight of each fitting and

each length of tubing in the test. And the pipes were then

carefully assembled, after the cleaning operation and

weighing.

The acid was run through the pipe system after it

reached a temperature of 85 degrees Fahrenheit, and the

rate was adjusted rapidly to one gallon per minute. That

was easily done. It occupied a very short time. And then,

as the acid ran through the tubing, we tuok periodical

samples of the discharged acid leaving the tubing and

saved those samples for analysis and future examination.

At the end of the test, the tubing was taken out and

washed, cleaned and re-weighed, dried, of course, and re-

weighed to get the loss in weight or a rough check on the

ss

510

Dr. Carl F. Prutton

loss in weight, but the amount of iron that was picked up

by the acid was determined very accurately by analysis of

the inlet acid and analysis of the outlet acid during the run.

Now, if we go to Table I, the first run was made using

15 per cent hydrochloric acid, prepared from this Grasselli

commercial acid, diluted with Cleveland tap water. Run

1-A, the first column gives the run numbers. The second

column gives the general conditions of tests and of the acid

used, 15 per cent hydrochloric acid directly from the-stone-

ware crock through the tubing, temperature of 85 degrees

Fahrenheit, at the rate of one gallon per minute, and the

Series 1 tubing.

Now, in order to insure that we had made a valid test,

we simply picked at random five lengths of this oil well

tubing, numbered them carefully and called that Series 1

tubing, and every test in which Series 1 tubing is used has

the number 1 in front of it. So i-A was run with Series 1

tubing. We then picked five other lengths of oil well tub-

ing at random and numbered each length and called those

tubes Series 2 tubing, and so every test run upon Series 2

tubing has the number 2 in front cf it and the letter follow-

ing. It is a different tubing. So we ran the 15 per cent

commercial acid, 1-A is running 15 per cent commercial acid

through Series 1 tubing, and then we took this other set of

tubing, completely different, and we ran commercial acid

through it. So we have two separate, completely separate

sets of tubing, and we kept those sets together in the sub-

sequent runs.

The first run, 1-A, shows a run with the commercial

acid diluted to 15 per cent concentration, temperature 85

degrees Fahrenheit, and in the third column in this table

are the gallons of acid through the tubing between samples.

Now, we took a sample about every 20 minutes, of the

effluent acid, and at that time, at the time of taking the

sample of effluent, we determined the number of gallons of

acid that had run through the system by noting the fall of

level of acid in the crock. We could caleulate the amount

that had gone through. So at the time that 271% gallons

511

Dr. Carl F. Prutton

of acid had run through the tubing, if you follow over you

will see that the sample No. 1, in the samples taken at the

outlet, is opposite that particular volume of acid that was

discharged, and so every 20 minutes we took a sample of

the discharged acid.

At the start of the test, each of these tests, the first

gallon of acid that came through was distinctly dark. It

had a darker color than the rest of the acid, and we found

in each case the initial acid that came through, the first

gallon, definitely contained a greater amount of iron than

the rest of the acid taken at subsequent times. But that

concentration of iron in that first gallon, although it was

high, was not an appreciable part of the total iron dissolved.

It was a very negligible part, and we have shown in these

tables, just to make them complete, we have shown the con-

centration in that first gallon of acid.

The Court: Now, that acid you took where? A. We

teok it down at the bottom. It just ran out of the bottom

- through the whole piping system.

The Court: All through the pipes? A. Yes, and we

took a sample out of the first gallon of acid coming through,

which was a little darker than the rest. After that it cleared

up and got a certain definite yellow color, due to the iron,

and our iron analysis fell down to a fairly stable value, and

we took a sample every twenty minutes of the discharged

acid, and we took two samples, as shown in the fourth col-

umn under the general heading of samples taken at the

inlet, the fourth major volumn, samples taken at the inlet.

The Court: That is way up at the top? A. At the

crock. We took two samples, one at the start of the run

and the other at about haif way through the run. Those

two samples were blended together to make a composite

sample, composition of the acid leaving the crock, just to

save analysis.

The Court: You didn’t analyze that? A. We did not

analyze each separately. We mixed the two together. We

took an equal volume of each.

The Court: I took it from what you said this is in the

512

Dr. Carl F. Prutton

initial test? A. In the crock. They should be just alike.

There was no necessity of checking each one. The composi-

tion of that inlet acid is shown in this sub-head, specimen

Fe, under the fourth column of samples taken at the inlet,

and the next column with the sample number.

The Court: 9.3 parts iron to a million parts of acid?

A. Parts of acid.

The Court: Of the whole solution? A. That is cor-

rect. Now, under samples taken at the outlet, the first sub-

column and sample number, the initial sample out, that was

the first gallon of acid coming through, was slightly darker

than the rest. Then a sample was taken at the end of

twenty minutes and at twenty minute intervals thereafter.

Those 20-minute samples were blended together to make

composite samples.

The Court: Not the first one. A. The first one wasn’t

considered. We took one sample right at the start. The

first gallon of acid through we took a sample. That is the

initial out. No. 1 is the first sample taken at the end of the

first twenty-minute interval. The initial out is the sample

of the first gallon of acid that left the tubing.

The Court: Well, what is No.1? A. No. 1 was taken

at the end of twenty minutes, at the end of the run.

The Court: All right. Now I’ve got you. After that

initial out you bunched three together. A. 1, 2, 3; then 4,

5, 6, and then 7, 8, 9 and 10 were bunched together in pro-

portion to the volume that had run through the pipe at the

time analysis was made for the iron content in those efflu-

ent samples or composite samples and the parts per million

of iron is reported in the second sub-head under ‘‘Samples

Taken.’’ The initial sample out, 2240 parts per million of

iron; the first composite sample of 1, 2 and 3, 1135 parts

per million; the second composite sample 4, 5 and 6, 1450

parts per million; the third composite sample, 7, 8, 9 and 10,

1405 parts per million. »

The Court: Now I am curious to know that there is a

peculiar curve there. It is a way up and down, then up and

then down. I am wondering’if you had analyzed each one

513 "

Dr. Carl F. Prutton

of those samples whether you would get another little hump

in there. A. The initial out is very easily explained. In

the burnishing operation and cleaning there were little

particles that dissolved rapidly so that shouldn’t be con-

sidered: The subsequent, although there is some variation,

the variation is not a great deal. I think particularly in

the last two samples—1450 to 1405 is not a great deal, and

the 1135 that, of course, is lower than the 1450. as

The Court: What do you think No. 1 would be as com-

pared to No. 3? A. Well, it might be 10% difference— ~

something like that; maybe 100 parts per million.

The Court: One or three? A. I think No. 1 would

be lower than No. 3, possibly.

The Court: In other words, you think that that first

gallon out had gotten out all the loose stuff? A. All the

‘oose material.

Mr. Owen: I might call your attention to the fact that

in subsequent tables, II, IV and III, which were ail run

with commercial acids without any additions of metals, the

same ratio or the same phenomenon appears in I, II and

III. That is, the first initial out sample is high in iron and

then the next three, the composite is lower than the second

three, and the final four drops off a little from the second

three of that sample that run through the series.

The Court: What you found was not free iron but fer-

rous what? A. Ferrous chloride.

Mr. Owen: Now, Doctor, explain the entry in the last

column. A. The last column report is the number of grams

of iron picked up by the acid in running through the tub-

ing. The amount of iron at the inlet acid was calculated

and the amount of iron at the exit was calculated and the

difference shows an increase in iron content and it amounted

to 1043 grams of iron or a little over two pounds of iron dis-

solved.

The Court: In other words, if you take this ferrous

chloride and bring it up so you didn’t get your free iron

you would have two pounds? A. You would have two

pounds of metallic iron. Ferrous chloride is FeCl,. Now,

ol4 '

Dr. Carl F. Prutton

the second table, Table II in the first column, the run num-

ber is given as 1-AA, the ‘‘1’’ designating it as Series 1 tub-

ing. The run 1-AA was a biank run of fifteen per cent com-

mercial hydrochloric acid of the same type described in the

first run, run on Series 1 tubing, and the conditions were

exactly the same as in the first run. And in this case the

initial crock acid contained four parts per million of iron,

and the composite samples taken at the exit during the run,

the initial out, was 3,540 parts per million. The first com-

posite 1180, the second composite 1263, and the third com-

posite 1218 parts per million of iron, making a total of 943

grams of iron dissolved in that particular test from the

tubing.

Then in Table III we ran this diluted 15 per cent com-

mercial acid through the second series of tubing, using en-

tirely different tubing than Series 2 tubing, so in Table III

we have run 2-A, ‘‘2’’ designating the series of tubing, and

‘*A’’ designating a blank commercial fifteen per cent acid.

The temperature, rate of flow and so forth was the same as

in the other tests. The inlet iron concentration in the acid,

the acid going in contained 9.3 parts per million of iron,

and the samples of acid leaving the system, the initial out,

3,980 parts per million of iron, the first composite sample

1292 parts per million, the second composite sample 1357

parts per million of iron, and the third composite 967 parts

per million. The total amount of iron dissolved from this

tubing was 919 grams. Then on Table IV we have a dup-

licate blank run with a smailer amount of acid. This is run

2-C of Table IV., The 15 per cent acid was run through

from the stoneware crock in the Series 2 tubing at 85 de-

grees Fahrenheit. The composite of the crock sample was

7 parts per million iron. The analysis of the two samples, —

the initial acid out, 1330 parts per million. The first eom-

posite sample, 1143 parts per million of iron. The second .

composite sample 1088 parts per million of iron. Third

eomposite sample 1070 parts per million of iron. And the

total amount of iron dissolved, 791 grams. So there are the

results of four blank runs.

.

o

515

Dr. Cari F. Prutton

The Court: I don’t consider it of any importance, be-

cause it is so small, but it does show that there was less

than half as much iron in the crock in the sample in Table

Il. They got down to half. A. We had purchased several

batches of acid, and it varied somewhat from the one ship-

ment to another.

The Court: Each one of these acids are different pur-

ehases? A. No, not each one. I have a record of our pur-

chases, and sometimes the purchases overlap the runs. We

didn’t run the same acid through two runs. We purchased

several batches of acid from the Grasselli Company and if

we had three or four carboys left over, we used those three

or four and it possibly went into the next shipment.

The Court: It was so little I didn’t consider it im-

portant. I didn’t count it as being important. And yet

I was curious if it was the same purchase at the same batch

how it would have to vary even that much. Do you know

whether those were the same purchases? A. I don’t think

I could tell. I could not tell.

Mr. Lyon: Can I ask if these different batches or dif-

ferent purchases of raw hydrochloric acid were checked

against any C. P. blanks so that you could tell the differ-

ence? A. We have analyses and inhibition tests of every

batch of crock acid that was used in every run that was

made.

Mr. Lyon: Against C. P. acid? A. Against C. P. acid

and analyses. They are not in the report.

The Court: But vou have those figures? A. We have

those figures, if they want them. They were substantially

_in every run within a few per cent of the corrosiveness of

C. P. acid, the commercial acid that we obtained from

Grasselli.

Mr. Owen: I would like to have the Tables II, III and

IV marked as PX-177, 178 and 179 and offered under those

numbers.

(Plaintiff’s Exhibit Nos. 177, 178 and 179 were there-

upon reserved.)

. The Court: I don’t believe anything has been offered.

516

Dr. Carl F. Prutton

I think I will say Exhibits 1 through 179, inclusive, have

been admitted.

Mr. Owen: Before going on with the examination of

the witness, if Your Honor please, I think it may be well tc

identify these tablea that we were going to offer; and I will

state that a copy of this report was handed to defendant's

counsel just before the adjournment last evening.

Now, PX-173 was a table to be supplied, and I find that

on this report, pages 7, § and 9, are several tables which

I had intended to combine as that exhibit, so I suggest that

the table on page 7 be marked PX-173-A.

(The table in question was then marked PX-173-A.)

Mr. Owen: Then on page 8 there are two tables which

I will have marked PX-173-B and PX-173-C; and on page

% there is another small table which I will have marked PX-

173-D.

(The tables above mentioned were then marked PX-

173-B, 173-C and 173-D.)

Mr. Owen: Then, Your Honor, to identify the other

exhibits in this report, the exhibits which were identified

last evening, PX-174 is on page 34 of the report. That is

the drawing of the apparatus.

On page 35 there is an enlarged detail of the delivery

end of the apparatus, and I would like to have those bath

included in this exhibit, marking page 34 as PX-174-A and

page 35 as PX-174-B.

(The pages above mentioned were then marked PX-

174-A and 174-B.)

Mr. Owen: Then PX-175 is the photograph of the

crock, which is on page 33.

(The photograph was then marked PX-175.)

Mr. Owen: PX-176 is Table I, which is on page 25.

(The table above mentioned was then marked PX-176.)

Mr. Owen: PX-177 is Table II, which is on page 26.

(The table above mentioned was then marked PX-177.)

Mr. Owen: PX-178 is the table on page 27.

* (The table above mentioned was then marked PX-178.)

Mr. Owen: And PX-179 is the table on page 28.

(The table above mentioned was then marked PX-179.)

517

Dr. Carl F. Prutton

Mr. Owen: Doctor, at the adjournment last evening

you had discussed your Tables Nos. I, I], III and IV. Can

you state what the average loss of weight, or, in other words,

the average amount of iron taken up in the acid_as it passed

through the pipe would be for these four runs, basing it on

so many grams per hundred feet of tubing per hour of con- ©

tact between the acid and the tubing? A. I have those

figures here. In runs 1-A and 1-AA, taking first 1-A, the

amount of iron dissolved from the tubing, expressed in’

grams of iron per hundred feet of length of tubing per hour

of contact was 289 grams. In run 1-AA the rate of dissolv- | °

ing the iron per hundred feet of tubing per hour of contact

was 273. So in the first set of tubing, that is, tubing in Set

No. 1, why, the average was 281 grams.

And in the second series 2 tubing runs, with the com-

mercial 15 per cent acid, run 2-A, the rate at which the iron

dissolved per hundred feet length of tubing per hour of con-

tact was 256 grams of iron. In run 2-C the rate of dissolv-

ing of the iron per hundred feet length of tubing per hour

of contact was 239 grams. And the average on that tubing

was 248.

Q. And have you the average for the four runs? A.

You could. You could average 248 and 281. It would be

26414.

Q. Did you make runs similar to those covered by

your tables Nos. I, II, II] and IV, in which you made addi-

tions to the acid? A. Yes. Those results are reported in

Tables V, VI, VII and VIII. ‘

Mr. Owen: I might as well at this time mark those

tables as exhibits. Table V as PX-180. Table VI will be

181; Table VII, 182, and Table VIII, 183.

(The tables V, VI, VII and VIII were thereupon

marked respectively PX-180, 181, 182 and 183.)

Mr. Owen: Now will you explain in connection with

your Table V what that one was, how it was conducted? A.

The run 1-B which is reported, or the data reported on

Table V, the commercial acid was diluted in the stoneware

crock. to 15 per cent concentration and metallic chlorides,

‘

518

Dr. Carl F. Pruttoy

that is iron chloride, lead chloride, and copper chloride were

added to correspond to the composition of defendant’s acid

as reported by Professor Bartell. Those amounts of metal-

lie chloride were added to the acid. The acid was agitated

and before running the acid through the tubing system,

why, a.chemical analysis was made upon the acid to de-

termine the metallic concentrations, to check on the weights

of chemicals that had been added.

Mr. Lyon: Did he add the total amounts that were

found in the defendant’s well samples or did he’ add the

amounts that represented the difference between the de-

fendant’s well samples and the amounts that were in the

raw commercial acids? A. We added the difference be-

tween the amounts found in the commercial acid and the

figures as reported here. In other words, we added the

amount of copper, lead and iron that would build the final

concentration up to the figures we desired.

Mr. Owen: And what were the figures to which you

built up the acid? A. The figures we built up the acid to

correspond to the compositions that Dr. Bartell recorded as

_ having been found in the defendant’s samples.

Q. Well, for the purpose of the record, it is in the rec-

ord, but to get it in connection with your testimony, please

state to what copper and lead content you built up this

acid before running it through the pipe. A. The contents

are all reperted on the sheets and therefore if I can go

through those it would specifically give those concentrations

and there will be no question about it.

Q. Well, now, as I understand, figures indicated on

Table V at the bottom of the second column show the

amount of lead and copper contained in the solution at the

beginning of the run. A. That is correct.

Q. Now before we go into this, I will ask you if you

analyzed these commercial acids as you received them or if

you tested them for inhibition? Please state just what you

did and what you found. A. The commercial acids were

not analyzed as we received them. The commercial acids

were analyzed after they had been diluted to 15% concen-

519

Dr. Carl F. Prutton

tration in the crock just prior tc ac ng the chemicals to the

acid. The reason for doing tl» _ course, was we used

approximately 8 carboys of aci ..d we wanted to be sure

that the acid that we finally had in the crock before we

added the chemicals was representative of commercial

hydrochloric acid diluted to 15%. Therefore, the analysis

was performed at that time to insure no other impurities

had gotten in in the transferring of the acid from the ecar- |

boys to the crock and in the dilution of the acid. And so we

analyzed the acid at the time after it had been diluted to

15% with tap water before these other chemicals were

added.

Q. What amount of inhibitor, or what amount of in-

hibition did you find in the commercial acids as diluted to

15 per cent? A. The per cent inhibition as found in labor-

atory tests on this diluted 15 per cent acid ran from 0 per

cent to a maximum of 6% per cent inhibition, when com-

pared in corrosiveness with 15 per cent C. P. hydrochloric

acid.

Q. And those figures you have just given are for the

solutions which you used as they existed before the runs

were made, is that right? A. That is correct. Before any

additions of metallic salts were made.

Q. Now, will you explain your Table V?

Mr. Lyon: Can I ask one question, Mr. Owen? The

witness said that this figure at the bottom of column 2 cor-

responded to some figure that Dr. Bartell had given. I am

unable to find in Dr. Bartell’s reports where any of the

samples of defendant’s well acid that he analyzed, which

he reports for these parts per million of lead and copper, so

I am unable to understand what figure Dr. Bartell gave to

the witness. A. I would like to correct the statement I

made prior. Two of these runs, that is, of these runs with

synthetic chemicals, were made to duplicate acid whieh we

prepared in a Menaul tank which contained a lead sheet.

We duplicated the Menaul tank system of the steel tank

and lead sheet at the bottom which was being used to trans-

port their acid, and we will report on those tests later, and

Dr. Carl F. Prutto»

we got a certain composition of acid out of that tank, which

differed somewhat from the field samples t that were re-

ported, so two of these tests are tests in which we ran the

same composition of acid that we got out of that Menaul

type tank, which did not differ greatly in the composition of

the inhibiting metals from the field sample analyses as re-

ported by Dr. Bartell, so two tests are run upon synthetic

acid mixturesduplicating the Menaul type acid that we

obtained out of the Menaul type tank, and two of them dup-

licate the analyses as seported to us by Dr. Bartell through

Mr. Rebbeck of the Dow Company.

Mr. Owen: I think it is a matter of little importance

whether these metal contents correspond exactly with Dr.

Bartell’s figures, or not. What these tables show is the

effect of the presence of the amount of copper and lead

which are specified in the tables, and whether they exactly

agree with some other tests I do not think is important, so

I will ask the court and the witness to consider these tables

individually, and explain just how much copper and lead

were in each of these runs—how much copper and lead were

contained in each of these runs.

The Court: I am not to understand, as I understand it,

that your Table V is exactly according to the formula of the

defendant’s acid, as analyzed by Dr. Prutton? A. It is not.

The Court: It is a synthetic one that you made? A.

It duplicates an acid that we made in a Menaul type tank.

The Court: You analyzed it, and this is what it had

init? A. Yes.

The Court: This really is the explanation of it, you

made a synthetic acid in this way, and y.u are going to

show the results?

Mr. Owen: That is right.

The Court: That is all you claim forit? A. Yes.

The Court: All right. That is fair.

The Witness: In the first column the run number is

1-B. The acid was prepared, and contained 390 parts per

million of lead, 2.79 parts per million of copper, and 1682

parts per million of iron. The figure for the iron is given

921

Dr. Carl F. Prutton

—_—

over under the fourth column, and samples were taken at

the inlet, under parts per million of iron. It is the second

sub-head under the fourth column. It is the average of two

samples taken during the run. This acid was prepared and

had those compositions, and then it was allowed to run

from the crock through the tubing system that I described

previously; and the samples of exit acid were taken and

analyzed for iron; and the concentrations of iron in the exit

samples are given in the fifth major column, the second sub-

head, parts per million under samples taken at the outlet.

The initia] sample was 3250 parts per million.

The first composite sample was 1990 parts per million.

The second composite sample, 2010 parts per million. The

third composite sample, 1942 parts per million of iron. Cal-

culating the grams of iron dissolved by the acid in passing

through the pjpe;there were 238 grams of iron dissolved

from the piping systentin the test.

The Court: That is, free iron? A. That is free iron.

This is calculated as free iron. The weight of the iron dis-

solved from the pipe is actually that 238 grams. 238 grams

is very close to a half pound. On the blanket run in this

sume tubing, that is the one with just the commercial acid

without these added chemicals, and they are numbered 1-A

and 1-AA, there were about two pounds of iron dissolved;

and when we put those added chemicals in, it cuts it down

to about a half a pound of iron dissolved.

Q. Will you take up your Table VI, PX-181, and ex-

plain it? A. Table VI is acid that was prepared to dup-

licate our synthetic Menaul acid prepared in our Menaul

type tank. The run number is 2-B. The acid contained 316

parts per million of lead; 3.07 parts per million of copper

and 2315 parts per million of iron at the inlet. We ran the

acid through in the same manner, and the outlet samples,

the samples leaving the end of the tubing system, initially

showed 5970 parts per million; the first composite sample

2750 parts per million, the second composite sample 2770

parts per million and the third composite sample 2610 parts

per million of iron. Calculating that into grams of iron dis-

Dr. Carl F. Prutton

solved from the tubing by the acid, it is 299.8 grams of iron

dissolved, or again very close to a half a pound.

Q. Now, taking up your Table VII, PX-182, please ex-

plain it.

Mr. Lyon: Can I ask a question about Table VI. Is

Table VI another run of this raw acid in a Menaul type

tank? A. Oh,no. This was no Menaul type tank at all. It

was run from a stoneware crock through tubing. That is

all (hat was done.

The Court: That is what I thought.

Mr. Lyon: I understand your explanation to that ef-

fect, but Table No. VI is like Table No. V in that you de-

termined the amount of copper and lead you added to the

raw acid from your tests with the Menaul type tank, rather

than from the directions given to you by Dr. Bartell? A.

Oh, yes; that is correct.

The Court: He made this synthetically, and what he

made it to was not something that Dr. Bartell had made,

_ but something he had made by the experiment that we are

going to compare, so far as it does compare, with the way

the defendant treats and carries its acid. A. That is right;

that is correct.

The Court: I have got the theory of your experiment.

The Witness: We wanted to find out whether that

composition of acid, when separated from the lead plate and

steel tank, would stop the corrosion of the tubing.

The Court: Where we got started wrong, in some way

we got the idea that these had to do with the figures Dr.

Bartell hiad given you, and you synthetically made up to

what he had, and all we had to do was to disabuse our

minds of that. A. In Tables VII and VIII we are going to

take up that type of test.

Mr. Owen: Well, now, take up Table VII, doctor, and

explain that. A. In Table VII, the composition was ad-

justed to the composition as reported by Dr. Bartel! as

existing in the average of samples he had analyzed of the

defendant’s acid.

Mf. Lyon: I want to just stop there. I have been

523

Dr. Carl F. Prutton

“having trouble last night finding anything in Dr. Bartell’s

figures that corresponded to those the witness has given.

Mr. Owen: I will say it is not going to be claimed

these exactly duplicate Dr. Bartell’s findings. Let me ex-

plain. Mr. Rebbeck wrote to Dr. Prutton and told him

what the averages of the samples taken from the defend-

ant’s wells were as to their metallic content. Dr. Prutton

started from that point. Now, whether the actual amount

in parts per million of copper and lead in Dr. Prutton’s

Tables VII and VIII correspond in the minutest detail to

the number of parts per million Dr. Bartell’s tests average

up, I can’t say, but I do say that the figures will show for

themselves, if we compare Dr. Bartell’s figures with these

and they are a few parts over and under.

The Court: And we will be able to do that and if they

are a little bit off, we will have to adjust them a little.

Mr. Owen: That is the position I take, Your Honor.

The Court: All right. Go ahead on that premise.

The Witness: Table VII, we have run 2-D. The compo-

sition of the acid was made up and the final acid before

running it through the tubing contained 455 parts per mil.

lion of lead, 3.7 parts per million of copper, and 418 parts

per million of iron. The acid leaving the system, the initial

acid out, contained 2295 parts per million of iron, 688 parts

per million of iron in the first composite sample ; the second

composite sample, 697 parts per million of iron; and the

third composite sample 669 parts per million of iron. The

total amount of iron picked up,by the acid was 195 grams.

That figure is somewhat less — I found in the iron.

The Court: Let me see, how did you get that 195, by

actual weight? A. We actually count them, the volume

and acid that has gone through in between taking these

samples, and the increase in iron content.

The Court: Did you compute them separately for each

oue of those four figures of iron? A. We computed the

amount of iron. We computed them separately.

The Court: You took that first gallon that went

through and computed at that high rate? A. Computed

524

Dr. Carl F. Prutton

each one of them separately, and then we computed the

other quantities of iron at the total volume of inlet acid,

and the difference between the sum of these exit acid com-

posites and of the inlet acid, that difference was the amount

of iron dissolved.

The Court: Here is what I was getting at, not whether

there was anything wrong about your averages. As I

understand it, you didn’t take an average of four at all, but

you took the first run there, and whaf- did that figure,

29957 <A. Yes.

The Court: You took all included within the next

three sample all at this average figure of 688? A. That

is the figure of 62.7 gallons of acid which had run throug):

at that time.

The Court: Then you computed all that ran througl"

during the next three periods at 697? A. That is correct.

The Court: All at the other three periods at 667. A.

That is right, and added them together.

Mr. Owen: Would Your Honor like to know how he

converted these parts per million into grams?

The Court: Yes, I would.

Q. Will you explain that? A. We have a sample cal-

culation. This is for run 1-A. It is in the report, on page

16, and at the time of taking the first composite sample the

gallons of acid that had gone through the tube was 7614

gallons. And went from zero to 761%, and in the acid there

was one hundredth of a milligram of iron per cubic centi-

meter of acid.

The Court: Yes. A. That is we recorded our analyses

that way, not quite parts per million. It is a different

method of recording. One hundredth of a milligram per

cubic centimeter of acid, and that was the inlet acid. The

exit acid contained 1.22 milligrams of iron per cubic centi-

meter, and therefore the difference came in with .0) and

came out with 1.22, which was 1.21 milligrams of iron per

cubic centimeter.

Now, if we take the total number of cubic centimeters

that have gone through 761% gallons, a gallon is 3785 cubic

525

Dr. Carl F. Prutton

centimeters, ” sage 85 cubic centimeters,.one gallon is 3785

ventimeters,“8o we multiply the gallons times 3785-and we

get the total number of cubic centimeters that have gone

through during the time of taking the composite sample

that we have reported here. That is the total number of

cubic centimeters. Now, each cubic centimeter picked up

1.21 milligrams of iron, and therefore we multiply that by

1.21 and we get the total number of milligrams of iron dis-

solved by that 7614 gallons of acid running through, and

then you divide by 1000 and we have the number of grams

of iron picked up for that first slug of acid, 761% gallons

dissolved 350 grams of iron.

The Court: Then you did the same thing on the others

and added them together? A. Yes, that is right.

Mr. Lyon: I am still somewhat in the dark on one

question, to which I would like an answer. I am just trying

to get an explanation of this, that is, the final amount of

lead and copper as reported at the bottom of column 2,

Tables VII and VIII, is quite different. If those are both

based on something from Dr. Bartell, I would like to know

what accounts for the difference.

The Court: To date, we are forgetting that it is from

Dr. Bartell at all, as I understand. A. I would like to

explain that difference. In preparing these acids and dis-

solving the chlorides in the acid, it was very easy to get the

iron chloride in the solution, and we could get whatever we

wanted in the iron chloride concentration. To dissolve the

copper chloride and get an exact copper concentration was

also very easy; and, as has been reported by myself and

Dr. Bartell, the copper is the vital element in the inhibition.

The lead contributes some inhibition, but it is not nearly as

vital as the copper concentration.

The Court: But it needs the copper to do its own

work, does it not? The lead needs the copper to be ef-

fective, does it not? A. The two cooperate, but just the

extent of the cooperation is difficult to tell from any tests

that have been made; but they seem to cooperate, botn con-

tribute an inhibiting effect, but the copper seems to be the

526

Dr. Carl F. Prutton

one that does the major part of the inhibiting. If we take

the final mixture, if we drop out the lead and iron, the

copper would almost do what all three do. In dissolving

the lead chloride in the acid, it is not very soluble—the

concentration that we do get is almost a saturated solution,

and, therefore, it was very difficult to dissolve lead chlor-

ide and get exactly what we wanted in the final acid, due

to that slow rate of solution. And we did not feel that if

we missed the lead concentration by 50 or even 100 parts

per million that it made a great deal of difference, because

the lead, although it has an inhibiting effect, our laboratory

tests had shown that going from 250 parts per million to

000 parts per million of lead did not change the amount of

inhibition to any extent. Oh, maybe 1 per cent. And there-

fore, if we hit fairly close on the lead, if we got the copper

exact, and hit fairly close to the lead, as close as we could

due to the difficulty of getting it in solution, and the iron

is immaterial, but we could hit that whatever we wanted to,

because it dissolved readily, and the lead is the one we

couldn’t get exactly what we wanted, due to this difficulty

in sobuble effect, and therefore the lead will differ. And

so the figure that was given to us as the composition of —

through Mr. Rebbeck, the average composition of defend-

ant’s acid as found by Dr. Bartell, as I stated, as he stated

in his letter, 3.8 parts per million of copper. Well, on run

2-E, which is in Table VIII, the acid was exactly 3.8 parts

per million of copper. In run 2-D the acid was 3.71 parts

per million of copper which was substantially identical. The

lead, however, in run 2-D was 455 parts per million, whereas

in the analyses it was lower than that. I don’t recall the

exact figure. The amount that we had in run 2-E was 340

parts per million of lead. But our laboratory tests and the

tests of others indicated the lead to be varied from 250

parts per million to 500 parts per million and the corrosive-

ness or inhibition of the acid was substantially identical.

The Court: Now is that true without the presence of

copper, or in any acid with the presence of copper? A.

It is substantially true whether there is copper present or

not.

527

Dr. Carl F. Prutton

Mr. Lyon: Your Honor please, I would like to call

your attention, while you are considering that, to one thing.

The witness, as I understood his explanation to you, said

the significant thing was the amount of copper. And you

could disregard the lead.

Mr. Owen: No, no.

Mr. Lyon: Well, not disregard it, but—

The Court: But small differences.

Mr. Lyon: Yes. Well, now, I call your attention to

Tables VII and VIII. They have apparently almost the

same identical amount of copper, and yet the rate of cor-

rosion in Table VII seems to be almost twice that of Table

VIII, so there is something wrong here.

The Court: He hasn’t got to explaining that. I could

draw, probably, the same conclusion you have, to just look

at it, but I am not going to until I hear what he says

about it. tu fd

Mr. Owen: If I can get along, first I want to explain

this matter of Dr. Bartell’s sample that has been ques-

tioned, and if Your Honor will turn to your Exhibit PX-169

and go over to the right hand portion, under the heading

“Truck Acids,’’ it gives in that, under the heading, first

the Stella Wilcox, then the Zahn and down below, in the

separate column, the Crawford, and over to the left of the

exhibit, the first line is copper. The first figure of 15

grams, or 3.6 parts per million, shows how much copper

there was in that Stella Wilcox sample. And then to the

right of that, under Zabn, 13 grams or 3.1 parts per million,

was how much copper there was in the Zahn sample. Then

if you drop down under Crawford in the first column it

shows 20 grams or 4.8 parts per million. The average of

all three copper contents is 3.8 parts per million. The

amount of copper in Dr. Prutton’s Table No. VII is 3.7

parts per million, and that in his Table No. VIIT is 3.8

parts per million, so that is about as close as anyone could

be expected to get.

Now under the lead content, the second line of figures,

under truck acids, is the Stella Wilcox. lead 1700 grams or

528

Dr. Carl F. Prutton

417 parts per million; under Zahn 1800 grams or 435 parts

per million; and under Crawford is 220 grams or 53 parts

per million, and the average of those is 301 parts per mil-

lion. Dr. Prutton’s Table VII has 455 parts per million of

lead and his Table VIII has 340 parts per million of lead.

Now, if you look at the next line below it shows the

iron content, and under Stella Wilcox it was 1900 grams or

473 parts per million; and in the Zahn 1500 grams or 380

parts per million of iron, and under Crawford it was 860

grams or 210 parts per million. The average of those was

34 parts per million. And in Dr. Prutton’s Table VII he

had 418 parts per million of iron, and in Table VIII he had

382 parts per million of iron.

Exbibit PX-160 is Bartell’s own averages of these

samples. Your Honor will see they are very close to Dr.

Prutton’s.

Mr. Owen: Now, Doctor, will you go on with your ex-

planation of Table VIII? A. Table VIII, Run 2-E is re-

ported. The lead content of the acid 340 parts per million,

the copper content 3.8 parts per million, the iron content

382 parts per million. The exit acid leaving tubing system,

the first composite sample, 550 parts per million, We didn’t

take the initial out. That amount was of such a small vol-

ume, although it may be high, is negligible in comparison

with the total and the first acid sample includes that.

The Court: If you made that very small and part of it

got over into this No. 1, that, of course, would bring that

550 a little higher? A. A little higher, yes. One gallon out

of 191 gallons, no matter how high it is, practically makes

no difference. The second composite sample, 508 parts per

million of iron; the third 483 parts per million of iron; the

total amount of iron picked up by the acid was 101.4 gram-.

The question was raised as to why this figure was 100

grams and the other was 195 grams. The statement fs made

that the acids ‘should give substantially the same amount

of inhibition. When you have an inhibited acid and you

compare the difference between percent of inhibition and

100 percentage, you get into small differences and you can

. .

. ooo

Dr. Carl F. Prutton

rT

magnify interpretations to get a very erroneous picture.

The picture that these tests present to me is, first, that we

ran commercial 15% hydrochloric acid through the tubing

and got a loss of about 2 pounds of iron; secondly, we ran

commercial acid to which we added the metal contents,

varied somewhat, we got from one-quarter to a half pound

of iron—approximately that range. It is impossible to

exactly duplicate the preparation of the surfaces of the tub-

ing in each run, and therefore I do not believe that the fig-

ures given in this report are any more accurate than plus

or minus 75 grams, or some figure like that.

In other words, that there is a variation between the

preparation of the surfaces that has to be considered and

therefore you should look at the thing in a broad way in

taking into account the accuracy of the method and the

variations that might occur in the preparation of the inside

surface of 20 foot lengths of tubing. I really was surprised

at the accuracy we really got in comparing these tests.

The Court: This is about a sixth of a pound? A. No,

about a quarter of a pound. And the other sample of 195 is

about .4 pounds, the other close to .5. So it is between |,

and %. All of these synthetic acids run in that range. So

comparing these two—

The Court: From the corrosive standpoint— A. As

I say, I don’t believe that these results are more accurate

than plus or minus 75 grams as the outer limit of accuracy

and that here we got 195 and 101 grams as the amount of

iron dissolved.

The Court: You dissolved much less iron. About half

as much? A. That is correct.

The Court: So if it will do the other work it would be

much more desirable? <A. Yes.

Mr. Lyon: May I ask what that means, Your Honor?

He says that his results might be off or not accurate by 75

grams. That would mean in the case of Table No. VIIT

thai the results are inaccurate to what per cent? IT mean

what per cent could you say the test was accurate? A. No,

I would say that the test—I have not tried to compute any

230

Dr. Carl F. Prutton

per cent accuracy because I don’t think it is possible, but

the interpretation of the tests you have to include a consid-

eration of the variables that are involved in the test, and I

would say that this particular test, the actual amount of

iron dissolved I am sure is 100 grams or very close to that

at least. It might be somewhat more. We Cid not include

the initial sample, due to some error. That would have

stepped up a little bit the iron and it might be 150, or

something like that. Actually in the weight loss of the

tubing it was closer to 200. We weighed the tubing, and in

this check we got this 101 grams dissolved in solution by

our analysis, but when we weighed the tubing the loss in

weight of the tubing was closer to 200 grams, so I would

say it was somewhere from 100 to 200 grams of iron dis-

solved. The average would be about 150.

The Court: It is sort of an experiment if you wanted

to check yourself by. running two experiments you would

have to rig up the thing the second time? A. Yes.

The Court: Yo couldn’t keep using that over and

over, the same tubing? A. We used the tubing over and

we have data to show that. We have run a series of lab-

oratory tests with this 144 inch tubing, running one run

with an acid and getting the inhibition or corrosiveness of

the acid, then taking it and putting it through this cleaning

and brushing operation and running it over again, and we

ean check with that reuse of the tubing, we can check within

about 10 per cent, within about 10 per cent.

The Court: Do I understand you have performed ex-

periments that would be duplicates of this here? What I

had in mind was as to your frank statement as to accuracy.

I was wondering if I was to understand from that that it is

your opinion that if you tried to run the very same experi-

ment there during several times there would be— A.

Differences.

The Court: A difference. Then it gets down to about

what per cent? A. Oh, it is about 10 per cent. *

The Court: Isnt that what you were asking?

Mr. Lyon: Yes. Although of course an error of 75

a3

Dr. Carl F. Prutton

grams in the case of Table No. VIII would be bigger than a

10 per cent error. A. That isn’t the statement, or else I

made it wrong. I don’t believe that 100 grams could be

25 per cent, I don’t think that. It was actually 101 grams

increase in iron as determined by analysis. That is fixed.

But there might be more dissolved than that, somewhat

more, and it might be 75 grams more. That is about what

I meant.

Mr. Lyon: You made that statement which puzzled

me last night, that you find more loss of iron on weighing

the pipe than you can find present in the acid in all these

tests? A. I will tell you why that is true, because before

re-weighing the pipe when we clean it out the inside surface

will rust slightly, and very rapidly after washing with

water, and we ran that reamer in and dried it again and it

took out a little loose iron, and we got more iron out, so

the weight loss, we do not rely on that.

We can absolutely rely on these chemical analyses as

being within 10 per cent of the figures, and we are talking

here about 70 and 80 per cent reduction of corrosiveness,

and 10 per cent on that is not a major factor, in a practical

sense. If we were down talking of 10 per cent inhibition, 10

per cent would be a major factor. We are talking about 60

and 80 per cent.

Mr. Owen: In your Table VII, the total grams in-

crease in iron which you gave at 195 includes the iron that

came out in the initial out gallon of acid, and in the Table

VIII the figure of 101.4 grams does not include that, is

that correct? A. I would have to check on that. I believe

that is the way it was done. As I said before, the concen-

tration in the initial out, since it is only one gallon of acid,

is a negligible amount, as a rule, and I wouldn’t want to

rely on that difference in the report here to indicate that

that was the cause of the difference. It might account for a

few grams, but it wouldn’t be a major thing.

Now, I wish you would in connection with Tables

V, VI, VII and VIII do what you did in connection with

Tables I, IT, IfI and IV, that is, compute the loss, the

532

Dr. Car! F. Prutton

average loss of weight per 100 feet per hour of contact

between the acid and the walls of the pipe? A. In Table

V, run 1-B, the tubing lost 64.4 grams of iron per 100

foot of length per hour of contact. In run 2-B, the tubing

lost 84.6 grams of iron per 100 foot length of tubing per

hour, and the average of those two, 84.6 and 64.4 would be

149 over 2, which would be 74.5. Then in run 2-D the loss

in weight was 59.3 grams of iron per 100 foot length of

tubing per hour, and in run 2-E it was 29.4 grams of iron,

and the average of those is 44.4. The av erage of the aver-

ages is 59.4.

Q. And the average of the average in connection with

the first four runs is 26444? A. Yes.

Q. Now, can you explain in some way tke relative

rates of corrosiveness indicated by those two sets of runs,

the first four being without an addition of copper or lead,

and the second four being with additions of those metals?

A. Well, if you take—

Mr. Lyon: I am going to object to that on the ground

it includes the result of Table No. VIII, which is admittedly

way out of line, because there was no initial sample taken,

and the result almost 100 per cent below No. VII, which

had the initial sample, and on the witness’ statement, as

it contains the same amount of copper, that it should have

the same value, so where we are averaging figures in here

that are admittedly wrong it should be excluded.

Mr. Owen: I object to the statement that the figures

in Table VIII are admittedly wrong. The witness has ex-

plained that the figures in any one of these tables are not

aun to be accurate to the last degree, and they were

all made in the same way, the tests were made in the same

way, and the analyses were made in the same way, as I

understand it. A. That is correct.

The Court: Well, I will let it go in with your criticism

of it. You may put that in.

A. Well, if we take the corrosiveness of the first four

runs of commercial 15 per cent acid as 26414 and the aver-

age of the last four runs with the added metals as 59.4,

533

Dr. Carl F. Prutton

why the commercial acid is 264 divided by 59, or the com-

mercial acid is 4.46 times as corrosive as the synthetic acid.

The average of these four—

The Court: Do I understand from the eight, however,

there is omitted from that all that ran through in the first

twenty minutes? A. That is not omitted.

The Court: You took these samples every twenty min-

utes? A. Yes, but the initial sample was taken in the first

gallon that came through. The first single gallon that came

through, and then the average sample was taken over that

twenty minute period, and including even that first gallon.

The Court: One gallon? A. Yes. It is a very small

amount and it has very little significance.

The Court: While it is high, in a gallon there couldn’t

be very much? A. Out of 180 gallons that we ran through.

Mr. Owen: Doctor, how much difference would there

be in the figure you have given in your last answer if you

oinitted Table VIII entirely and took the average of Table

V, VI, and VII for the runs in which you added lead and

copper?

Mr. Lyon: My point is, Your Honor, these averages

seem to me have to be scrutinized very carefully, because

when you average two tests that are almost 100 per cent

apart, why you are taking quite a liberty with an average.

The Court: I recognize that.

A. If you take the average of the first three tests,

omitting the test described in Table VIII, the average

amount of iron dissolved was 69.1 grams per 100 foot length

of tubing per hour of contact. That is compared with 59.4

grams loss if you take all four and average them, and the

raw acid, or the 15 per cent acid, the number of times more

corrosive than that is in the acid of the first three would be

26414 divided by 69.1, which is 3.83, so it is 3.83 times as

corrosive, so taking either the first three, or the four, and

averaging them up, the corrosiveness of the raw 15 per cent

acid is about four times as great as that of these acids to

which the metals have been added.

Q. What was the size of your tubing you used in these

O34

Dr. Carl F. Prutton

tests? A. The tubing that was used was standard inch and

a quarter oil well tubing.

Mr. Lyon: May I ask you how much it weighed per

foot? A. I think that is in the report. It is right on the

first page of the report. Page 3, the first one and a quarter

inch oil well tubing, external upset, range 1, 2.41 pounds per

foot of length.

The Court: I don’t know if I got an answer to my

question. This bears the date June 20, 1941. Were all of

these things done prior to that? A. Yes,

The Court: They were all done before that, and then

you made up the report? A. Yes.

The Court: And shortly before? A. Yes.

The Court: I don’t care about, as far as I am con-

cerned, the exact date, but this date here is after you go-

through all of this. A. That is correet.

The Court: You tabulated this. A. Yes.

The Court: All right. ;

Mr. Owen: Now, I would like to offer the report as

PX-184. The offer includes all of the other PX’s which

have been identified in the report.

The Court: Well, I will admit that. The entire report

of June 20, 1941.

(Dr. Prutton’s report of June 20, 1941, was thereupon

marked PX-184.)

Mr. Owen: Doctor, what is the size of the tubing used

in oil wells generally? A. Usually it is about two inches.

Q. Can you compute what the loss of iron would be

in 1,000 feet of 2 inch oil well tubing, taking as the rate of

loss the average of your first four tables, I, IT, IIT and IV,

which you gave as 26414 grams from 100 feet of 1% inch

tubing with contact between the acid and the tubing for

one hour?

The Court: Just on the inside.

Mr. Owen: Just on the inside. A. Just on the inside.

The inside area of 2 inch tubing for 1,000 feet is about 540

square feet. The inside area of inch and a quarter tubing,

1,000 feet long, is about 340 square feet. So if we multiply

539

Dr. Carl F. Prutton

9641, by 10 we get the amount of iron that would be dis-

solved from 1,000 feet of inch and a quarter tubing in one

hour, and then if we multiply that by the ratio of the area,

inside area of the 2 inch tubing to the inside area of the

114 inch tubing, we would get the amount of iron that

would be dissolved from 1,000 feet of 2 inch tubing, and if

we do that the figure comes out to be about 4200 grams.

4200 grams of iron would be dissolved in one hour from

1,000 feet, the inside of 1,000 feet of 2 inch tubing.

Q. And that is about 9.3 pounds of iron would be dis-

solved in one hour, 4200 grams.

Mr. Lyon: Do you have what per cent of the weight

of tubing that is? A. No, I do not.

Mr. Owen: Now, in,what form would that iron go

down into the well? A. ‘Well, it goes down as a mixture

of ferric chloride and ferrous chloride.

«). What action would those ferric and ferrous chlor-

ides have in the well if they got into the formation?

Mr. Lyon: Well, I object to that on the grounds there

is no foundation laid. I mean he is not entitled to express

an opinion unless he is qualified. He hasn ’t testified to any

knowledge of oil well formations or any experience with

them, or anything of the kind.

The Court: I will overrule the objection. A. A solu-

tion of acid containing an appreciable amount of ferrous

chloride or ferric chloride contacting calcium carbonate,

which is the main ingredient of limestone, the ferric chlor-

ide would precipitate as ferric hydroxide and there would

be a tendency to plug up the pores of the formation due to

that precipitation. The ferrous chloride would have some

effect upon the viscosity of the solution, making it a little

thicker if it were present, thus retarding its entrance into

the formation. In forming the ferrous chloride some of

the acid has been consumed, and therefore the acid con-

centration would not be as great as it should have been.

That is, as great as 15%, which is the concentration usually

forced into the top of the well.

Mr. Lyon: F don’t understand that. How much did

036

Dr. Carl F. Prutton

you say the concentration was reduced in this particular in-

stance that you are testifying to? From 15% to what? A.

It would be reduced—I haven’t figured that out. I can

figure it out.

Mr. Lyon: I would like to know what you are testify-

ing to. I would like to know whether that is a significant

quantity or not. In this example you have given, how far

would the concentration be reduced?, From 15% to what?

A. Well, this calculation wasn’t made for the intent of

showing any exact reduction, but if we take a typical oil

well, which is usually a couple of thousand feet deep, and

give some contacts of the acid of 15 hours instead of ore

hour—

Mr. Lyon (interposing): No, take two hours. A.

We", multiply 3 times 15, and we get 45 times as much cor-

rosion.

Mr. Wiles: This is not cross examination.

The Court: This is so complicated, maybe you better

wait. I am glad to have it, but I think there is some other

little thing that is involved that you ean bring up in cross

examination.

Mr. Owen: Doctor, you have referred to tests you made

in a tank, or placing acid in a tank which you have re-

ferred to as duplicating the Menaul tank. Will you explain

what tests you made, how you proceeded. And in that con-

nection, I believe you have a report. A. Yes, I have a re-

port of the tests.

Mr. Owen: I will hand up a copy of this report to the

court so the testimony will be followed and will give a copy

to defendant counsel (handing same to court and counsel).

Q. I think first, Doctor, I will ask you to explain the

construction of the tank which you made. A. We prepared

a tank, a steel tank of 240 gallons capacity, duplicating as

close as we could the important details of the construction

of the Halliburton truck tanks from the information re-

ceived from Mr. Rebbeck of The Dow Chemical Company.

He supplied us with a drawing of the tank, a statement as

to the material the tank was made of, a statement as to the

537

Dr. Carl F. Prutton

relative area of lead sheet in the bottom of the tank to the

area of the inner surface of the truck tank, and as to the

composition of the sheet lead used, a8 well as the methods

of assembling the sheet lead into the steel tank. From

those instructions we prepared a steel tank which is de-

scribed in this report. The tank was 34 inches square by

50 inches tall.

Mr. Owen: May I interrupt just a minute. I think,

Your Honor, I will have this report identified as PX-185,

and then we can refer to pages.

The Court: We will call this whole report PX-185.

Q. Now, what page are you referring to? A. Page 3

is a description of the tank that we prepared.

Q. And where is that tank illustrated in the report?

A. On page 14 there is a side view of the tank in position

for the runs, page 14, or Figure 2.

Q. Page 14 is a photograph in my copy. A. That is

a photograph of the tank. Figure 3 on page 15 shows a

sketch of the tank and shows some of the details of fasten-

ing in of the lead sheet on the bottom.

Q. You might explain that. A. That figure 3 should

be viewed in the other direction. If you hold the report on

the side, the bottom of the tank is down here (indicating)

and this upper edge with reinforcing rim is on the top. The

tank was prepared from manufacturer’s Grade A steel plate

14” thick and was fabricated for us by the J. T. Ryerson

Company of Cleveland, Ohio. The tank was electro-welded.

The inside of the tank was cleaned by sand blasting. And

then a sheet of chemical grade lead was fastened inside the

tank on the bottom. The sheet of lead was burned into a

strip of steel, as described on page 3, on opposite sides of

the lead sheet which was 33 inches square and 1% inch thick,

two strips of No. 10 blue annealed steel, three inches by 33

inches, were fastened to the edge of the lead sheet by burn-

ing.

The Court: What was fastened to the lead sheet? A.

Two strips of No. 2 blue annealed steel. Just thin sheet

steel.

538

Dr. Carl F. Pruttoy

Mr. Owen: Does that appear in that Figure 3? A.

That is the heavy horizontal line.

Q. The steel is in an “‘L”’ shape, is it? A. The steel,

as I recall, was in a flat sheet, and this figure isn’t quite

correct as I recall. I can find out in just a moment, if I

could ask my assistant.

A Voice: It was ‘‘L’’ shaped. A. It was an “L”’

shaped piece. It was not just a flat strip. That is right.

The Court: The sheet right at the corner? A. The

sheet right at the corner.

The Court: Extending up along the side and a little

ways out on the bottom. A. The lead sheet was burned to

the bottom part of that ‘‘L’’ and then the ‘‘L”’ of this blue

annealed steel strip was welded onto the side of the tank at

three points, in order to tack it onto the side of the tank.

So the upper half of this strip at three points across there,

the strip was welded onto the steel tank.

The Court: Does the lead extend up along the side at

all? A. No.

The Court: The lead is just on the bottom? A. On the

bottom, yes, and this ‘‘1.’’ shaped strip of steel was burned

to the lead, and it was spot welded onto the side of the tank

in three places. Now, the tank, before use in these tests,

was polarized, or that is the term used by the Halliburton

Company for this operation. As stated in letters from Mr.

Rebbeck, the Halliburton Company polarizes their truck

tanks. They prepare the tanks.

Mr. Owen: Your Honor wil] recall, that was in Mr. Ed-

wards deposition, which was read into the record.

The Carrt: Yes, I remember. A. They prepare the

tanks when they are new with the steel and lead sheet as-

sembly, and then they fill the tank with acid, and into

the tank, the top of the tank, they insert a strip of sheet

lead, and they connect that sheet Jead with the positive pole

of a lead storage battery, and they connect the tank with

the negative pole of that storage battery, and they elec-

trolyze the contents of the tank, and with the idea that after

allowing the storage battery to become discharged by

939

Dr. Carl F. Prutton

standing all night and current passing through the acid in

the tank, that the tank is polarized.

The Court: Polarizing, you mean a positive and neg-

ative, is that what you mean? A. Polarizing is a term

that has a very vague meaning. That involves mostly any

kind of effect that reduces the voltage of an electro-chem-

ical cell. In other words, if you have a battery and some-

thing happens to it and your voltage goes down, then they

say it is polarized, or if you are electro-plating and putting

a voltage into the cell and the voltage goes out, they say

it is polarized. In other words, it is a general term that in-

dicates something has happened to disturb the voltage re-

lationships in a cell. It is a vague term and covers many

types of things. For example—

The Court: The north and south pole are the positive

and negative, and the electricity does some vague and in-

definite thing, that is what you are referring to by polariz-

ing? A. Yes. It refers to thai, but it primarily refers to

the voltage of the cell. That is the more scientifie defini-

tion.

The Court: It loses it all if it gets it? A. If it isa

battery that is giving out energy, like a storage battery that

you have in your automobile, anything that reduces your

voltage is called polarization, because it is reducing the ef-

fectiveness of the battery, but if you have an electro-plating

operation, that cell is absorbing energy from the generator.

If something happens that increases your voltage, its ef-

ficiency is lowered, then they call that polarization. It isa

very vague term and its use in this particular case is simply

another name for lead plating the inside of a tank. That is

all it is. It is just used in a loose sense, What happens is

that the lead dissolves from tte strip of lead which is put

in the tank and plates out and covers the steel up more or

less perfectly.

The Court: But you have got a steel plate in there that

is the other pole?’ A. That is the other pole, and then the

dissolving—

The Court: You don’t rely on just the steel of the

tank? A. No.

©

t

540 |

Dr. Carl F. Pruttoy

The Court: But when they say they polarize— A.

They have the two poles, the lead strip and the iron tank,

and the lead dissolves’ from this strip and plates -out on the

tank and coats over the steel.

The Court: Is that a strip of lead? A. This is a strip

of iron that we, fasten the lead sheet into the tank. This is

the side of the tank. This lead sheet is down at the bottom.

The strip comes up like this and it is fastened to the bottom,

the lead sheet is in the bottom.

The Court: It doesn’t cover the whole bottom? A. It

covers the whole bottom. :

The Court: The whole bottom is covered? A. Prac-

tically the whole bottom. When they prepare these tanks

they have the lead sheet in the bottom. That will save it

all the time, but they fill the tank up with acid and then they

put another lead sheet in the center of this acid.

The Court: Down into itt A. Down into the center.

Figure 4 shows this polarizing assembly. They put a lead

sheet in there. They fill the tank with acid and put a lead

sheet into it and then connect the lead sheet, this added lead

sheet. Thatgs taken and connected to the positive pole of a

storage battery, but not while it is in use.

The Court: You say not while it is in use? It is while

it is doing this polarizing? A. That is only done once.

That is only done when they first put the tank in service, as

I understand it.

Mr. Lyon: The tank is only polarized once?

The Court: Everywhere there is steel there is a ten-

dency to do that. A. They plate lead on to it.

Mr. Lyon: In other words, you don’t have to use your

acid going into the well to accomplish that result. They

do it in the beginning.

The Court: I guess it is a part of the building of the

tank, if you want to think of it in that way.

Mr. Lyon: That is right. They lead plate the tank in

the factory, or before they put it in service, otherwise they

would have to be using the well operations in lead plating

the tanks.

541

_ Dr. Carl F. Prutton

The Court: All right. But this is once in a lifetime?

A. Just in the beginning.

The Court: What it does is to put a lead coating on

there? A. Partially. )

The Court: And we can think of that as being done

and that acid taken out? A. That acid is taken out and

then the tank is ready for use.

The Court: All right.

Mr. Owen: Then this lead sheet which is suspended in

the tank in Figure 4 is also removed? A. That lead sheet

is removed and the lead sheet in the bottom stays in there.

The Court: Tbat lead sheet is all over the bottom, as I

understand it? A. Yes.

The Court: Will you agree to that?

Mr. Lyon: I think so, yes.

The Witness: The tank was 34 by 34 and the sheet

was 33 by 33, so it substantially covers the whole bottom.

The Court: That explains where I got the idea it did

not cover the whole bottom, but it pretty nearly does. You

cover the whole bottom? A. 33 by 33 we used.

The Court: You followed the same proportion? A.

Yes.

Mr. Lyon: I understand there is a man here thet oper-

ates these tanks and he says these sheets do not cover the

entire bottom, but they very nearly do.

The Court: That is what he did.

Mr. Lyon: There is a certain ratio of the area of the

surface of the lead to the surface of the tank, which we will

have to give you the formula for. A. We had to use that

same ratio as close as could be calculated from the draw-

ings of their tank.

The Court: Now, I haven’t yet got—I understand the

tank is a steel tank? A. Yes.

The Court: Now, you add the piece of steel, but I

haven’t got that through my head vet.

Mr. Owen: The only purpose of that is to hold the lead

in place.

The Court: That is the only purpose? A. Yes.

42

Dr. Carl F. Prutton

Mr. Owen: It holds the lead in place and makes con-

tact between the lead and the iron of the tank, electrical

contact.

Mr. Wiles: That was explained in one of the deposi-

tions. They said it was too difficult to solder the lead in-

side the tank.

The Court: As to this plating operation, if they could

have held it without anything it would have been plated just

the same? A. Oh, ves.

The Court: It has no purpose, only as a holder? A.

That is right.

The Court:- And in makingsthe holder they make it of

steel? A. Yes.

Mr. Wiles: The lead could be just as well soldered or

burned inte the tank direct, only some man would have got-

ten inside, and it was a hard job to do it.

The Court: Well, all right. Now, I have got my tank

straight. .

Mr. Owen: And the sheet of steel at the bottom of the

tank stayed there permanently? A. Well, the strips hoid-

ing the lead stay there permanently.

Q. I mean the sheet of lead stayed there permanently

in the bottom of the tank? A. Yes.

(). And the suspended sheet of lead used during the

polarization is removed after that operation? A. Is never

used again.

The Court: Will you give me some idea how thick a

coating that is, what that means, a little bit more, on that

tank, that lead plating? A. It isn’t very thick.

The Court: It is nothing I can see if I look at it? A.

I think you could. If you wiped it, it would probably come

off, partially.

The Court: Lead is soft so it will come off. A. It will

not be any major thickness, I don’t believe.

The Court: A thousandth of an inch? A. Might be a

few thousandths. It isn’t continuous coating. Part of the

lead plating never continnously plates over the steel, so

there are little holes through it that the steel is somewhat

543 P

Dr. Carl F. Prutton

exposed, but there will be just some particles of lead cov-

ering most of the surface. The exact thickness of that

would be difficult to say, but it is probably a few thous-

andths of an inch.

The Court: Maybe I am anticipating again, but are

you going to account for anything that happens by this lead

coat that is on there tb start in with, is that going to enter

into our problem* & Not as a major factor.

The Court: All right. There is an awful lot of sur-

face of that, if we are looking for a lead surface. A. That

is correct.

Mr. Lyon: That enters into the protection of the

tank, doesn’t it? A. The protection of the tank.

' The Court: But I am wondering if now, in this, they

are going to now talk to me about and have been talking to

me about the inhibition that eomes from copper and lead,

and I am wondering whether you are going to explain in

any degree or take into aceount in any way that lead that is

already plated onto the walls of this tank in connection

with that other subject I have got to think about, which is

the big subject, on infringement. 3

Mr. Lyon: The plaintiff here is talking about the

action on the pipe down the well. The primary purpose or

the real purpose of our lead, bonded lead in the tank, and

the action in the tank, is to protect the tank. That is the

real purpose of the Menaul system, is to protect the tank.

The Court: Yes.

Mr. Lyon: What it does down to the pipe is another

thing. :

The Court: What they claim is that your system puts

inhibition into the solution.

Mr. Lyon: They say we get some copper in and that

copper really protects—

The Court (interposing): And lead.

Mr. Lyon: But they say it is really the copper that

does the protecting.

Tie Court: Yes.

Mr. Lyon: Down the well.

544

Dr. Carl F. Prutton

The Court: They give some credit to the lead.

Mr. Lyon: Yes. But as 1 anderstand the witness the

lead is a minor factor. A. Well, it may be one-fifth, if

there is copper or something like that.

The Court: Let’s find out right now, before we get

into this, whether there is any claim that this lead that is

plated onto the walls of the transportation tank enters in

in any way, that plated lead enters in in any way into the

claim of inhibiting the acid.

Mr. Owen: Well, I think it does, Your Honor.

The Court: Well, all right then. That is what I want

to know.

Mr. Owen: My understanding is that the acid placed

in that tank after it has been polarized not only dissolves

lead from the lead plates in the bottom but it also dissolves

lead from the walls of the tank.

The Court: I want to know what to watch for.

Mr. Owen: And that both of those are sources for the

lead which is found in the treating acid. That is your

understanding, Dr. Prutton? A. I think some of it comes

from the sides. It is so indefinite as to the amount I can’t

tell how much of it comes from the sides.

Mr. Lyon: I would like to state our position so the

court may have it in mind. The purpose of our system

is to protect the tank. They polarize the tank to get this

lead plating on it to start with. But if they didn’t have

this lead in the tank bonded to the steel, that lead on the

walls would come right off in a short time. And, therefore,

they have to have this other lead plate in there, which con-

tinues to keep it.

The Court: As I understand it, wouldn’t it continue

it? A. Very slightly. It would continue to some extent.

The Court: And keep it from coming off, against the

taking of it off?

Mr. Lyon: We will show Your Horor how long the

steel tank would last even if we polarized it if we didn’t

have that lead plate bdkded in there to keep up the polar-

izing action.

545

Dr. Carl F. Prutton

The Court: I guess I have it all in mind.

Mr. Owen: I would just like to read from the opening

statement of counsel, which seems to me is not entirely

consistent with what he has just stated that the only pur-

pose of this lead plate so far is to protect the tank.

Mr. Lyon: I didn’t say that.

Mr. Owen: This is what he said in the opening state-

ment: ‘‘Now, as to our method of protecting our pipe, we

don’t add any chemical, don’t add any arsenate, don’t add

any chemical at all. We have an electrical method of

protecting the pipes. Certuinly that raises an entirely dif-

ferent question of infringement than anything they had in

the Williams case where the defendant was adding one of

the very materials mentioned in plaintiff’s patent. Here

we have an electrical method and it is covered by our own

patent.’’ : ¥

Mr. Lyon: Now read the rest of it.

The Court: I don’t understand the change from that.

Mr. Owen: That is the end of it.

Mr. Lyon: Oh, no, it isn’t. I explained to the court

that theoretically the electric current, on a theoretical basis,

may aid in the protection of the pipe down in the well, but

that that was theoretical and could not be demonstrated.

The Court: You continue the battery during the trans-

portation?

Mr. Lyon: That is correct.

The Court: I don’t see why the same operation, leav-

ing the tank, wouldn’t tend to continue to do it.

Mr. Wiles: Did you say he continued at all times the

battery?

Mr. Lyon: We have the lead bonded to the tank and

keep the battery action going while the acid is being shipped

out to the well.

The Court: But you don’t have an outside battery?

Mr. Lyon: Don’t have any battery.

The Court: Pumping on it like you did when you

plated?

Mr. Lyon: That is right.

546

Dr. Carl F. Prutton

The Court: All right.

Mr. Owen: We will go into that question further later

in the case, Your Honor.

Mr. Owen: Now, doctor, will you state how you pro-

ceeded when you made a run through your pipe system

utilizing this polarized tank? A. The set-up of the system

that we used in these tests is shown on page 17 in this re-

port, in Figure 5. We mounted the stoneware crock, which

I have described before in the former tests, on the baleony

of the large laboratory, and from the bottom of that crock

we have Pyrex tubing that would lead the blended acids in

the crock, and we had them at the correct composition,

would lead them into this Menaul tank. You might con-

ceive that this stoneware crock is something like a storage

tank in the actual field operation of this Menaul process,

that the acid is diluted and then dumped into the truck tank

which corresponds to this steel tank of ours.

The Court: Now, your theory was you are getting acid

in this stone crock as near as you could, as you understood

it, like the acid when it was dumped into the transporta-

tion tank?

Mr. Owen: Yes, like the acid after it was placed in the

transportation tank, and diluted to 15 per cent. We placed

in this stoneware tank a 15 per cent solution of hydro-

chlorie acid. :

The Court: I had forgotten the water. So far as any-

thing else that is in the acid other than the water to dilute,

there was nothing else placed in it? A. Nothing else added,

it was simply 15 per cent. .

The Court: It was like it was and in other words com-

mercial acid, as they say at that time? A. Yes, that is

all. We added nothing in the tank except water ‘to the

commercial acid. The general method of the test was to

dilute the commercial acid to 15 per cent concentration with

tap water in the stoneware crock. Then after analysis and

making certain that that acid was satisfactory to employ

in the test by running the hydrochloric acid concentration

and the corrosiveness of the acid as compared with C. P:

47

Dr. Carl F. Prutton

acid, that acid was then run into this Menaul type steel

tank which had previously been polarized and washed out

after polarizing.

The Court: That has got the lead in the bottom and it

has got the plating lead plated as near as you can do it like

the defendant’s tank, transportation tank is lead plated

when they get it in?

Mr. Owen: Yes, Your Honor.

The Court: The only difference in the whole thing is

that they have their water in this tank and then let that

run in, and you put the water in above?

Mr. Owen: That is right.

The Court: So instead of my saying when you dumped

it in [I will say right after you dumped it in you got just

what you understand they have right after they put their

acid in? A. That is correct.

The Court: Both as to tank and what is in the tank.

I am ready to go. A. The acid was stored in this iank

before it was dumped into the steel tank, and it was ad-

justed to 85 degrees Fahrenheit, and was kept at that

temperature in the steel tank as well, so we are running at

85 degrees Fahrenheit, just as we did in the former runs.

The Court: Well, now, that is a little bit hotter than

theirs will be, unless it was last week. Last week that

would be a little bit too cold for them, probably. I am just

thinking. I am trying to compare everything as I go along.

They probably didn’t have theirs 85, did they?

Mr. Conner: If Your Honor wants to compare those

particular temperatures that Dr. Prutton is running,

against the actual weather temperature in this state and in

the county of Ogemaw for the days on which those wells

were treated, if you say so I will get those for you next

week.

The Court: That was the reason they took it?

Mr. Conner: I don’t say that, but I merely state I

have the weather reports for those days on which these

wells were treated, August 2nd and 5th, which were very

hot days, as I recall it, it was up in the 80’s and 90’s, and

548

Dr. Carl F. Prutton

September 10th was a very hot day and it was up in the

80’s all of 1938.

Mr. Lyon: It is not a question of what the tempera-

ture is in the air.

The Court: This is hotter for some reason or other

than I would expect to find if I put a thermometer into one

of the tanks. A. Down in the well it gets hotter.

Mr. Owen: You take a steel tank and run it several

hours in the country with the sun shining, it is much hotter

than 85.

The Court: You couldn’t get any temperature but

what somebody could complain about it.

Mr. Lyon: Are they contending that there is some

significance, some infringement here, because we acidized

in the summer? were

Mr. Owen: No, we say that you are infringing both

summer and winter.

The Court: /The doctor had to take some temperature

and it is fair of Ifim to tell us what he did take.

Mr. Lyon: The point is he maintained a particular

temperature in this tank by using some heat, whereas the

defendant, I don’t think there is any dispute, does not add

any heat to its tank.

Mr. Owen: No, we don’t claim that.

Mr. Lyon: It is the temperature of his tank, it is

whatever it will be because of atmospheric conditions.

The Court: If he hasn’t taken it at all you probably

will be saying you don’t know the temperature. We can

readjust from that. We know and I am glad we do, what

temperature he has. A. I think 85 degrees Fahrenheit

is very close to the bottom hole temperature of any wells

_in Michigan, and that was one reason for that. \s

The Court: I got an idea it was a lot hotter, A. I

don’t know. It is sort of an average temperature,-

The Court: All he can tell us is what temperature be

did use. A. This acid was run into the steel tankiand agi-

tated periodically with a glass, heavy glass rod fora period

of six hours. Just stirred it every fifteen minufés with a

549

Dr. Carl F. Prutton

glass rod for a period of six hours, which we felt would

duplicate in some manner the contact-+time and the amount

of agitation that acid being transported in a Menaul type

tank truck would get in being taken from a storage plant

to the well.

. The.Court: And you are stirring it also as near as

you could come to the agitation it would get by being

hauled? A. I don’t think it duplicates it.

Mr. Lyon: I think these-roads are rougher than fif-

teen minutes stirring out in the oil field.

The Court: But they stop and stand. A. After stand-

ing in the tank, the acid standing in the tank, the contents

of the tank was then siphoned through this tubing system

that we have previously described. Now, we had tu, in order

to get it out of the tank without running it out of the bottom

discharge in the tank, we had to siphon it, and shown above

_the tank is an arrow indicating a vacuum supply. We had

a vacuum pump connected with that, and that vacuum pump

went into a large Pyrex bottle, which is shown as a rec-

tangle just directly above the steel tank, right at the top

end.

Mr. Owen: Shown more clearly on page 18, Your

Honor. A. That is correct. The vacuum wes maintained

in order to keep the piping system full of acid at all times.

It was siphoned through the piping system, hut to fill up

the tubing to start the siphoning action we had to apply

the vacuum at the beginning and fi entire system up

with acid, and then start the siphoning action. and we had

to maintain that periodiéally, to apply the vacuum, in order

to remove any hydrogen gas which was formed during the

dissolving of the iron by the acid running through it.

Hydrogen bubbles would accumulate which would break the

siphon action, so the hydrogen was removed through this

vaccum pump, and we maintained a level of acid up into

the bottle at the level mark N on the bottle here, and in that

manner maintained the siphoning action continuously, and

the oil well tubing was always full of acid.

The acid was run through the tubing system at the rate

Ps

Dr. Caxh,F. Prutton

— —-_—-—

of {oe gallong per minute, and adjusted as we have de-

scribed previously. The two different types of tests were

made, first tests which follow the teaching of defendant’s

Menaul patent, U. S. No. 2,149,617. We connected the wire

from the truck tank or the Menaul type tank to the tubing

‘system to make electrical connection between the two, and

ran several tests in that manner following their patent.

Theux we ran also several tests in which we disconnected

that wire to break the electrical circuit and prevent any

electrical action, and the results of those tests are described

in the tables that are contained in this report.

In Table IX, run 1-M, we used the Menaul type tank

and the acid: was in the tank in this case six hours and 33

minutes, agitation, and then the acid was run over through

the tubing at the rate of one gallon per minute, using Series

1 tubing. The average analysis of the acid leaving the .

Menaul tank was 3—

The Court (interposing) : That is at the end of the

pipe? <A. That is at the inlet of the pipe. That is this

steel tank, duplicating the truck tank, That is the inlet.

The Court: When you started? A. When we started

uD in the stoneware crock, the acid contained substantially

no lead or copper, and was substantially as corrosive as

C. P. acid. Then-we ran it into the tank truck and agi-

tated it for six hours and picked up lead, copper and iron,

and these are the concentrations of the acid we took with

that simulated truck during the run, and we analyzed for

the metal content of the acid run through the tubing.

The Court: Your thought being that this was the

condition of it and the content of it as at the time it started

into the tubing and you are trying to show by that what

you think it would be at the time it started into the well.

A. That is correct.

The Court: All right. I follow you. A. (continued) :

362 parts per million of lead, 4.3 parts per million of

copper, and the content of the iron varied considerably

during the run, and we took a number of samples out of the

Menaul type tank during the runs to get more—a better

551

Dr. Carl F. Prutton

picture of the iron content because the iron is an important

element in determining the amount of iron dissolved from

the tubing. And so you find under the heading of *‘Sam-

ples Taken at the Inlet,’’ that means acid taken from the

Menaul tank just before it went into the tubing system,

after it has been in there this six and a third hours.

’ We.took samples while it was running out of this tank

into the tubing, so we would get a better picture of the

metal. concentration, the iron concentration of the inlet acid

to the tubing.

The Court: Well, now that tends to show that it was

getting more iron into it. A. It picked up iron during

the run. ‘

Mr. Lyon: .The rate isn’t reported here. Have you

got the amount of iron you found? A. Oh, yes, it is over

under the heading of ‘‘Samples Taken at Inlet.’’ You see

the iron content of the tank was varying during the run. It

was picked up. The acid was still picking up some iron

from the tank, so we took samples every twenty minutes.

Mr. Lyon: Wasn’t the copper changing, too? A. We

took several samples, but the copper did not show nearly

ag of change that the iron showed, and this figure

4s"the average of samples, and I can give you the indi-

vidual or the composites of several samples that were taken.

Mr. Lyon: Did the lead change, too? A. The lead

changed somewhat, too. These are the averages.

Mr. Lyon: I would like to have, so we can study it

over the week-end for these different tests where there are

averages and you have given only one figure—there are

averages of different samples, I wish you would let me

have the individual data. A. [I will get those.

The Court: I know it shows a quite rapidly increas-

ing iron content. That means iron chloride? A. That is

‘ correct.

The Court: And that means, doesn’t it, that it was

eating off of the tankat that rate? A. Yes, sir.

The Court: Or, at that increasing rate. A. Yes, sir.

You see the commercial acid when diluted, the 15%, had

¢

-_-—

5902

Dr. Carl F. Prutton

—

from 5 to 10 parts per million of iron. We dumped them

all in.

The Court: What is there that shows how much iron

there was in this when it got into the transportation tank

betore it— (Witness interposing): I have all those figures.

They are not on this sheet. It was very low, 5 to 10 parts

per million. We received no acid that had over 5 to 10

parts per million of iron. In the six hours of agitation it

picked up from 1100 to 1200 parts per million.

The Court: Then one of the arguments is it did not

protect that tank? A. It didn’t protect it a great deal. It

undoubtedly protected it over a steel tank but there was

considerable amount of action on the tank.

Mr. Lyon: Could you tell us, also, in this tank whether

there was any lead and copper in the raw acid? A. The

analyses of the raw acid, which I have for all of the runs,

show just fractional parts per million of lead and copper;

all raw acid, and the iron content was never over 10 parts

per million o{ iron, and enly fractional amounts of lead

and copper.

Mr. Lyon : ‘But there was some copper and lead in the

raw acid? A¢ There was, yes.

(Witne’s continuing): This acid entering the system

had an average composition of 350 parts per million of lead,

43 of copper, and then a variable amount of iron as the

run progressed. We analyzed the samples of the exit acid,

the composite samples, and determined their iron content.

And in the same manner that we used in the former tests

of calculating the increase in iron content of the acid going

through the tubing.

The Court: Now, this is the bottom of the tank? A.

The bottom, second colamn from the right.

The Court: Comparable to when it reaches the bottom

of the well. A. Yes. ;

The Court: I am not saying anything about how active

it is, but that is the purpose of it.

(Witness continuing): And from the difference in iren

concentrations and the volumes that had passed through,

553

Dr. Carl F. Prutton

we calculated the amount of iron that would dissolve from:

the tubing; knowing the amount that was in the inlet acid

and the amount in the exit acid, the increase in iron content

came from the tubing and that amount in this test was 322

grams of iron was dissolved from the tubing.

The Court: I think I know what your explanation is

but that initial one again? A. Was the first gallon.

The Court: I think I know what your explanation is,

but give me again why that is the highest of them all. A.

Because in cleaning the tubing out there is always a few

particles of loose igon it is difficult to remove, and theacid

loosens those up afd the iron runs down in the first Slug of

acid; the first small amount contains a higher amount of

iron, usually, than the rest of the acid. Now, it is not essen-

tial that that be the case. In other words, it comes out

when we clean the tubing. As I said before, it is impossible

to clean out 112 feet of tubing.

The Court: What was in there you didn’t clean out

was free iron. That wasn’t iron ferrous chloride? A. It

was free iron but in a very small particle form and by the

time it got down to the end the acid had dissolved it. We

never could detect any metallic iron in the exit acid.

The Court: What is your explanation as to why—why

is it we find an increasing one following that? A. I don’t

know. In this particular case in this one 1106 at the begin-

ning, possibly we had removed all that fine iron dust out of

the sample tube and had done a particularly good job of

cleaning, whereas in the other test maybe we hadn’t done

that and a small amount remained in there.

The Court: Now, you have two columns for the iron

there. Now I get the same sort of results. Or am I too far

into what you are explaining? I get the same sort of thing

away over in the last column for the iron in the sample

taken out. I find the original one is large, which I take it

you explain in the same way as you did the otner, and then

I find it increasing again down there. A. It increases be-

cause the inlet acid is increasing in iron concentration. You

see, the iron from the tank—

do4t

Dr. Carl F. Pruttou

The Court (interposing): But this is increasing. Let

me se¢ if lamright ornot. A. The first one is 370, between

- the first composite in and the first composite out. The next

oné is 217, and the next one 410.

The Court: It goes up and goes down and goes up.

Have you any theory at all about that?’ A. I don’t know

how to explain it. I haven’t any theory for it.

Mr. Wiles: Were those samples the same size? A.

Substantially the same size.

@ Mr. Lyon: Your Honor has referred to that before. I

would Fike to give you some assistance on that. Isn’t it true

that same action is usually found in corrosion of a hydro-

chloric actd on steel—that it goes in waves? Have you made

any tests of that kind? A. No, but the question was asked

me yesterday why the amount of iron dissolved was low at

the beginning of the test and then it rose up and fell off.

The reason in that case—I just bappened to think over-

night—could possibly be the tank acid was 85° I’, the tubing

was 72 because it is in a thermostatically controlled build-

ing, and when the first acid went through the tubing it

“wasn’t quite up to the temperature so the rate of corrosion

was kind of low. When the tubing got up to 85, the rate

got up high and the lead and metals in the acid are doing

their inhibifing action by forming a minute film of mole-

* cules of this stuff, and then tend to drop down as you went

along.

Mr. Lyon: That might be a possible explanation but I

*» don’t think the witness advances it as necessarily the one.

I think it is only fair to state, Your Honor, there is no point

about it in this lawsuit and the witness evidently hasn’t

studied it, but wherever you study corrosive action of hydro-

chloric acid on steel it seems, for some reason (that has

nofhing to do with this lawsuit) to go in waves. It starts

at one figure and evither.increases or decreases, and then goes

the opposite way and does it in waves, for some reason. !t

has nothing to do with this lawsuit. But it seems to puzzle

Your Honor, so 1 thought I would make that. explanation.

The Court: Another thing, as to columns 5 and 7 I

-

D0

Dr. Carl F. Prution

should keep this in mind; shouldn’t I, that in column 5 we

are dealing with a solution that has remained right in that

transportation tank. To use the metaphor here that you

want me to use, all the while, you first take out some; now

the action is going on with the rest while it stays in there,

and the last it has had more opportunity to work on it and

therefore I would expect a little increase along there if there

was any action at all. Now I come over here to column 7

and I have an entirely different proposition and I mustn’t

apply that thought to it at all because that acid is going

on down through and I have nothing to account to me at

all as to why the first that goes the whole length of that

pipe should have any greater change on it than the next that

flows the whole length of the pipe. They are quite different,

so far as that is concerned, column 5 and 7, isn’t that right?

A. They aren’t a great deal different.

The Court: I mean in the first one, if I am drawing

cider out of a barrel that is getting hard, and I only draw it

at different intervals, the last I draw out ought to be harder

than the first. A. Yes.

The Court: Now, I haven’t any such theory I can apply

to column 7 at all. I find nothing in that because it didn’t

take any longer for one part of it to flow from the top to the

bottom than it did the other, you see? A. But in flowing

through this pipe it is picking up iron and the thing we are

noting here is that apparently the rate of picking up iron

does vary during this run.

The Court: Yes. But I say you can’t explain that on

the theory (it may be a poor theory) that the longer it

stayed in there the better chance it had to get iron. While

in column 7 it wasn’t in contact with the iron any longer

than the last batch with the first, while in column 5 the last

batch was in contact with the iron longer. A. But there

are peculiar things happening in this pipe that are beyond

my ability to explain to you.

Mr. Owen: Well, I made some figures here, Your

Honor, that seem to me to be entirely consistent with the

increase in the amount of iron in the inlet samples. That

596

Dr. Carl F. Pruttoy

is where it is going in, the fifth column. I take the second

figure there of 1200 and I find that the outlet, the corre-

sponding outlet samples increased 370 grams of iron, and

the difference between the next two is 417, and the dif-

ference between the final sets is 410, so it seems to me that

increase in the outlet column is accounted for almost en-

tirely by the increase in the iron in the inlet column.

Mr. Lyon: No. A. The difference is closer than the

figures I estimated. I made some mistakes in substraction.

Mr. Owen: 370, 417 and 410.

Mr. Lyon: The court calls attention to the one above

that and the fact there is a drop from the first one and then

it starts going up and then it starts going down again. A.

That has nothing to do with the test. That simply has to

do with the cleanliness of the pipe at the start and the first

gram or two of loose iron in this inlet. In>the initial tank

sample that first gram was taken directly out of the tank

and therefore should be below the samples that were taken

as existed in the tank, so 1106 should be lower than 1200.

Mr. Lyon: Why shouldn’t there be the same difference

at each one of these stages? A. It is, except the initial out.

Mr. Owen: And that has been explained several times.

Mr. Lyon: The first stage of comparison after that in-

itial you say is 370, the next one is 417.

Mr. Owen: Yes.

Mr. Lyon: Why shouldn’t they both be the same?

Mr. Owen: Your Honor, I think we ought to postpone

the cross examination. We don’t seem to be making any

headway at all.

The Court: I agree with you.

Mr. Owen: Now, Doctor, this Table IX you say in

column 2, ‘‘Menaul method acid and special tank.’’ Will

you explain what is the significance of the term Menadi

method there? A. The Menaul method is as described in

their patent, which involves the forming of a galvanic steel

by electrically connecting the truck tank to the head of the

well, or the tubing, and that method was employed here of

electrically connecting the truck tank with the top of the

tubing.

ze

o07

Dr. Carl F. Prutton

Mr. Owen: And that, I will state, is or was the de-

fendant’s practice, Your Honor, in the three wells from

which samples were taken. They connected the truck tank

to the oil well tubing by a copper cable, and their contents—

The Court (interposing): Any battery now mixed up

with that?

Mr. Owen: No battery, no, except that this lead plate

in the iron tank, and the acid as an electrolyte, in itself

forms a galvanic cell. That is right, isn’t it, Doctor? A.

That is correct.

Mr. Owen: But there is no outside battery, no external

electromotive force there.

The Court: Except as the tank itself, with the acid,

forms it?

Mr. Owen: That is true. Now, explain your next table,

Doctor, Table No. X, and at the outset explain the first

statement ‘‘Menaul Method No Wire Connected.’’ That

means, does it not, that you duplicated the other test as

closely as you could, but did not connect the wire in Tabie

X test but you did connect it in Table IX. A. That is cor-

rect. ;

The Court: And IX and X you run just alike except

for that, is that right? A. That is correct.

Mr. Owen: The purpose being to show, Your Honor,

that there is nothing in this connection between the tank

and the tubing.

The Court: I see. In this test, the acid was agi-

tated for 614 hours in the tank. Series 1 tubing was used.

The average analysis of the inlet acid was 158 parts per

million of lead, and 3.25 parts per million of copper. That

is considerably lower in lead than the sample before and

somewhat lower in copper.

Mr. Lyon: About 25 per cent lower.

The Court: And agitated the same length of time and

agitated in the same way? A. As closely as we could.

And samples of acid from the steel tank were taken at 20

minute intervals, and the composite samples analyzed for

iron. That is shown in the fifth column, the figures for iron

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Dr. Carl F. Prutton

of inlet acid. In the seventh column are the figures for the

exit acid from the tubing system, when the increase in igo

content in acid due to the dissolving of iron from the tub-

ing is figured, 330 grams of iron were dissolved by the acid.

In other words, we got exagtly the same results with or

without the wire connected.

The Court: You have got intervening figures that are

quite different, aren’t they? s

Mr. Lyon: And I eall Your Honor’s attention to the

fact that there was only about half as much lead in the

second sample as there was in the first, and 25 per cent less

copper.

The Court: Less copper.

Mr. Lyon: Yes, 25 per cent less copper. A. I think

it has been shown here that changing copper from 3 to 4

parts per million makes little difference.

The Court: But what I was wondering, how did you

get so much less lead and one-fourth less copper if you took

the same acid? A. Yes, the same original acid.

The Court: I am wondering and I was carrying the

thought that there hadn’t anything at all happened up to

the point of starting that could be different. You took the

same crock. A. That is true.

The Court: You took the same acid and everything.

Why do we start away from scratch with such different

figures? A. Agitating by hand is a very variable proced-

ure, Your Honor.

Mr. Owen: Which run was made first, Table IX or

Table X? A. The first Table LX was run first.

(). Well, might not the larger amount of lead and

copper in the Table IX run as compared with them in Table

X run be accounted for by the fact that the first batch of

acid you put in that tank ate off the lead from the walls of

the tank? A. That is the explanation.

The Coart: But I thought that was when it went into

the tank? This is before it has had time to eat. A. It is

after it has been six hours in the tank.

The Court: This is? A. That is the acid before it

goes into the tubing.

O09

Dr. Carl Fy Prutton

The Court: This 332? A. 362.

The Court: You did have them just alike when they

went in? A. No.

Mr. Owen: When they went in the steel:tank, they

were just alike. e .

The Court: That is what I mean. A. You have four

runs that we made in this tank,-a steel tank. It was polar-

ized once, and the first run made in it, the lead was 362 after

standing. The second run that was made in it the lead was

given at Table XI, and it is 291, so it fellows—.

The Court: Which is the second now? A. The second

run in chronological order is XI, which fs 291, so it fell from

362 to 291. Then the third run is this one that we have

here, and the fourth run is in Table XII, so—

Mr. Lyon: Were there. any interv ening’ runs? A.

There were no intervening runs.

Mr. Lyon: These are the only runs you made? A. Tee.

The Court: Table XII is the fourth one? I will-see if J

get it in series at all. 362 and 291 and 168, is that it, and

then 247? It jumped back up again: A. It jumped back

up again.

The Court: I was wondering that would go down so |

could have some theory? A. Taking a tank and agitating

by hand is quite a variable thing, and it can vary 25 per

cent, and that particularly applies to the lead concentration,

and it is more difficult to dissolve in solution, just as we had

trouble in dissolving lead chloride, and it depends on the

agitation you get.

- The Court: I don’t know/ I better follow that one.

The first one was high because it was so—because it was the

first, and there was more lead coated on? A. On the side

of the tank.

The Court: Because my fourth one jumps way back

up, which had from that standpoint the poorest chance of

all. It was the furthest away ea the battery plating of

the wall, isn’t that right? A. That is true. There is a con-

siderable variation that you will get in lead content.

The Court: A witness when he performs his experi-

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Dy. Carl F. Prutton

ment, he gets something he can’t explain or I can’t. I am

glad to have you bring it to me just as you get it. Give

me those in their order. A. 362, 291, 158, and 247, I be-

lieve.

Mr. Lyon: Now, Your Honor, I suggest you get the

order of the copper contents too in the same arrangement,

see how they vary. You have been looking at the lead. Why

not look at the copper?

The Court: Well, all right. Give me those, Doctor.

A. The first one is 4.3, then 2.88, 3.25 and 2.39.

Mr. Owen: Now, Doctor, will you explain, or had you

finished with your explanation of Table X?

The Court: Go ahead. I will tell you all Thaven’t any

theory, and I am waiting for you to give me one. A. Yes,

I think I have completed Table X, in which we got substan-

tially the same result as we hed with the wire disconnected

as we got with the wire connected.

The Court: When you got over ta the final result they

come out surprisingly close?- A. That is rights cae

~The Court: But they travel quite different roads to get

there, as I see it? A. Yes.

Mr. Lyon: That is why I aan objecting to these av-

erages.

The Court: Well, all right.» | ° 7

Mr. Owen: Take up Table XT now, Doctor. A. In

Tabie XI the run number is 2-M, and this again is the prac-

ticing of the Menaul process, with the wire connecte be-

tween the tank and the oil well tubing system. The same

temperature and rate of flow of acid Was used.

Q. The same series of tubing? A. The acid was in

‘the special tank for seven hours in this particular case, and

series 2 tubing was used. The average analysis of the acid

‘n the tank was 291 parts per million of lead and 2.88 parts ,.

per million of copper. In ecolumn’5, under samples.taken at

the inlet in parts fer million of iron are given the iron con-

centrations of the acid in the steel tank at various times

during the run. In column No. 7, under samples taken in

the acid ih parts per millien of iron in the exit acid are

é

561_

Dr. Carl F. Prutton

given the figures, the concentrations in parts per million of

iron, and the acid leaving the tubing system at various

times during the run. Calculating the increase in iron con-

tent in the exit acid over the inlet acid is 265% grams of

iron dissolved from the tubing.

Table XII, run 2-N is described. A Menaul method

tank was used. The acid was placed in the tank for 6 hours

and 30 minutes. The temperature was 85, the rate of flow

was a gallon per minute, as before, but the wire was dis-

connected. Series 2 tubing was used. In other words, the

same tubing as was used in 2-M, described in Table XI. The

average analysis of the inlet acid was 247 parts per million

of lead, 2.3 parts per million of copper.

The acid leaving the system,—the inlet acid in the

storage tanks, in the steel Menaul tank was analyzed at

various times during the run, and those figures are giveu

in column 5, under samples taken at inlet, parts per million

of iron. In column 7 are given the parts per million of iron

in the exit acid leaving the tubing. From the increase in

iron content of the acid and the volumes passed through, we

caleulated the amount of iron dissolved from the tubing,

amd it is 195.7 grams. In other words, it is somewhat less

corrosive in this particular test with the wire disconnected

than # was in the test 2-M where the wire was connected.

The Court: Do you attribute it to the disconnected

wire? A. No, I attribute it to the possible variations in

our test conditions. I don’t believe it makes any difference

whatsoever. °I think the result should be the same.

The Court: There is a substantial difference though?

a. 265 to 195 is 70 grams difference.

The Court: . That is put in millions? A. That is grams

of tetal iron dissolved, 265 grams of total iron dissolved. I

don’t bekeve the’ wire makes any difference, and that these

_ tests would indicate that there was any appreciable dif-

ference. The first two comparative tests indicate the same

result and the last two indicate the disconnecting of the wire

gave somewhat lower corrosion. The main purpose of the

. test was to show that the wire doesn’t materially change,—

562

Dr. Carl F. Prutton

+

decrease the rate of corrosion by connecting that wire,

which is necessary to practice the Menaul patent.

The Court: There is a difference of 36, isn't there!

A. Yes, a difference of about 70 grams of iron. .

The Court: That is quite a difference. Isn’t that a

large amount? I don’t know. A. When you take raw

acid and run it through this tubing we dissolve 1000 grams

of iron, and here we have a difference of 70 grams..

. The Court: One would indicate 70 per cent-less harm

than the other; or 30 per cent less harm than the other. A.

I would be willing to concede the disconnecting of the wire

actually improved conditions. I would be willing to ¢on-

sider that.

Mr. Lyon: We are not talking about that. Tell him

how much inhibition it decreased by disconnecting the

wires, or per cent, as compared with the wire connected, in

what per cent have you reduced corrosion, on your own

figures? A. We have reduced the inhibition of the acid by

disconnecting the wire.

Mr. Lyon: By how much per cent? A. By7 per cent,

approximately.

The Court: More than that?

Mr. Lyon: Sure it is more than that.

The Court: You have 265—

(Witness interposing): No, I stated it in the opposite _

from the way you stated. I stated the reduction in cor-

rosiveness or the inhibition in coming from 1000 grams

down toe265, there is 750 grams,of iron difference; if we

reduce it to 195 there is only another 70.

The Court: You reduced it more tWan before.

Mr. Lyon: That is right. A. In corrosiveness. I

said inhibition—

The Court (interposing): But say you have reduced

the corrosion more than 25% by this. You don’t claim it

did, I don’t claim it did.

Mr. Wiles: When you have it pretty well inhibited,

for instance a 99% inhibition, and raise it to 9914, it is tru:

there is a difference 50% in corrosion but practically vou

have no corrosion in either case.

563

Dr. Carl F. Prutton

The Court: All right. But you have reduced the

amount of corrosion by more than 25%.

Mr. Wiles: That is true, but you have started out by

reducing it down to a very small amount in the beginning.

The Couri: Sure.

Mr. Owen: Your Honor, in considering this particular

question you should go back to the tests made from the

stoneware crock with uninhibited commercial acid. Those

showed in Table I a total grams increase in fron of 1043.

The Court: I follow you that you say neither one of

these are corrosive enough to do any harm. That must be

the contention.

Mr. Wiles: They are very greatly improved in that

respect. ;

Mr. Owen: They will do some harm, they are not

perfect.

The Court: Then when it was disconnected it did

change it more than 25%? .

Mr. Owen: I don’t know whether the doctor has any

theory as to why there was less corrosion with the wire

disconnected than there was with it.

Q. If you have a theory, I would like to hear it. A.

The theory of electrolytic protection by galvanic attion is

interesting from a theoretical standpoint of connecting a

metal which will djgsolve more readily than iron to the

iron and many people have tried to apply that in actual

cases and have found that instead of getting inhibition they

get the reverse. They get more corrosion when they con-

nect things together like that, and particularly if they try

to impress potentials upon a metal. I den’t know whether

this would be an instance of that case or not. As far as I

am concerned, I would be willing to say both on the results

of these tests and from my theoretical knowledge, that this

connecting or disconnecting the wire would have absolutely

no difference—it would be a small amount on the inhibition.

The Court: I get this from what you say. You per-

formed many experiments before you reached the con-

clusion this connection of the wire was the cause of the

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Dr. Carl F. Prutton

change? A. Yes, I wouldn’t expect it to be of very great

difference one way than the other.

The Court: I say you performed a good many experi-

ments before you reached a conclusion. A. The results of

these tests indicate to me substantially there is no inhibition

produced by that wire connection.

The Court: Of course that is the danger. I agree

fully with the explanation that that was less destructive—

the acid was to iron, when it was disconnected than it was

before; I wouldn’t want to reach that on just one experi-

ment. And I understand you clearly to say you don’t reach

that conclusion on one experiment. A. No, these experi-

ments should be considered with the tests that I ran be-

fore. In describing those tests I mentioned that the first

two tests I duplicated the composition of the acid in the

steel tank and ran it directly from the stoneware crock to

the tubing system; not only disconnecting the wire, not

even having the lead plate in there in those tests we got

exactly the same results with the wire connected or dis-

connected. In other words, six different series of tests, all

duplicating, all pointing to the fact that the lead plate, the

wire, the tank, has no effect on inhibiting corrosion in an

oil well, and that also agrees with all theoretical principles

of electro-chemistry.

Mr. Owen: Doctor, while we are on this subject, I

would like to have your theory of the Menaul proposition

that the pipe can be protected from corrosion by connect-

ing up the tank to the pipe by this cable. A. The theory,

as I explained it, in agreement with these tests, as to why

the tubing is protected when they practice the Menaul pat-

ent is simply due to these metals which are added in the

acid and which are fed the acid containing those metals, fed

into the tubing. That accounts completely for the inhi-

bition. The placing of a lead plate in a steel tank at a

position electrically remote from the bottom of the well, or

even inside the tubing, from a consideration of electrical

circuits is that you might get some little inhibition on the

end of the pipe that is sticking into the tank, but in any *

wa soe)

565

Dr. Carl F. Prutton

circuit the electrica) current takes the easiest path that it

can to go through the circuit. It doesn’t go through all the

way to the bottom of a 2000 foot well, jump to the pipe and

run back. If you have an electrical circuit and have two

resistances connected between two bus bars, one resistance

has a very high resistance, the other very low; all the cur-

rent goes through practically the low resistance. There is

no reason as to why the current should go down the acid

through the tubing, to the bottom, jump across the tubing,

back through the tubing, back to the tank as described in

defendant’s patent, and in that way protect the tubing.

Q. I wish you would trace that circuit as described in

the Menaul patent down into the well and then back to the

tank. A. They do describe in the patent one method of

operation which would have some remote change of work-

ing, but which is so impractical that I don’t believe it was

ever even tried out, and that is to lower a lead wire down to

the bottom of the well, keeping it from touching the sides of

the tubing, and pouring acid down between the lead wire

and the tubing. Under those conditions, you might get a

little bit of inhibiting effect. But with the lead plate back

in the tank and the circuit that you have to follow-—if I may

draw on the board here, I would like to draw it.

We simply draw a vertical tube in the ground, that you

can visualize as being a couple of inches in diameter and

several thousand feet in length, and that tube is full of acid.

Then we connect that into a truck tank, and here is the

truck tank, in some shape or other. In the bottom of this

tank is this lead sheet and more or less lead covering the

sides. The iron is partly exposed. There is definitely a

tendency, a potential, which would make the lead negative

as compared to the iron tubing, and a galvanic cell which

you might figure would take some lead and plate it upon

the iron. Now, between the tank and the head of the tub-..

ing there is a copper wire connected. Steel to steel, the

tubing and tank. We have a circuit.

The Court: Each filled with h

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Transcript of Record — Dow Co. v. Halliburton Co. · 324 U.S. 320 | Frix