Transcript of Record — Standard Sanitary Mfg. Co. v. United States

Supreme Court brief1912

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SRNR SE ti .

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THE UNITED STATES

STANDARD SANITARY MANUFACTURING COM-

PANY. AND OTHERS.

RECORD—VOLUME II.

%EX TO EXHIBITS.

_ £. GOVERNMENT'S EXHIBITS.

‘ PAGE

Exhibit 1. List of members and officers of the |

Sanitary Enameled Ware Associa-

tion which disbanded June 1. See

;

Exhibit

ing for appointment of Price and

Schedule Committee........--+-++-

Resolution of March 30, 1910, provid-

up by Edwin L. Wayman, March 2,

Exhibit 3. Memorandum of Agreement drawn :

1910, Vol. I, pp. 11, et seq....---+-- 4

Exhibit 4. Resolutien of March 29, 1910, respect-

ing long term contractS.......-----

-I

Exhibit 5. Preliminary agreement for assignment

of Arrott patent by Standard Sani-

t: ry Mfg. Co. to E. L. Wayman May

Exhibit

Exhibits 15-2.

Exhibit

10.

11.

12.

13.

INDEX.

Assignment of Arrott patent to E. L.

Wayman May 4, 1) ( eee

Minutes of meeting of members of

Sanitary Enameled Ware Associa-

tion on February 1, 1910, at Pitts-

burg, showing who was present.....

Sample copy of proposed form of

license agreement to be executed be-

tween each of the manufacturers and

Wayman, issued to manufacturers

about March 24, 1910, Vol. I, p. 36

License agreement, as executed be-

tween Wayman and the several cor-

poration defendants.....--- . a.

Sample copy of proposed form of job-

per’s license agreement to be entered

into by each of the manufacturers

with the jobbers of plumbing sup-

plies. This form, in print, was sent

to the several manufacturers about

Mareh 23, 1910, Vol. 1, p. ) eres

Jobber’s License Agree ment as

adopted. This is the agreement

which the jobbers were obliged to

the licensed manufacturers....----

Letter from E. L. Wayman to W. J.

Kohler, February 7, 1910.....---6:

Sixteen License agreements, similar to

Exhibit 9, entered into by the cor-

poration defendants with E. L. Way-

man. Summarized......---++++++°

(Not Printed.) License agreement

between Barnes Manufacturing Co.

and E. L. Wayman...----- +++":

PAGE

“wW

TORN PAGE

INDEX. Il

Exhibit 14. (Not Printed.) License agreement be-

tween Colwell Lead Co. and E. L.

i ee ee 42

Exhibit 15. (Not Printed.) License agreement be-

tween Cahill Iron Works and E. L.

Wayman ......-cececccerceseres® 42 ©

Exhibit 16. (Not Printed.) License agreement be-

tween Day-Ward Co. and E. L. Way-

SE Pe Pre re Te te ee ee, 425

Exhibit 17. (Not Printed.) License agreement be-

tween Humphryes Mfg. ©o. and EK.

L. Wayman.......6eeeeeereceress 42-

Exhibit 18. (Not Printed.) License agreement be-

tween Kerner Mfg. Co. and FE...

Wayman .....--eeeeereeereeesee®

Exhibit 19. (Not printed.) License agreement be-

tween J. L. Mott Iron Works and E.

L. Wayman ....-eeseee eerie

Exhibit 20. (Not Printed.) License agreement be-

tween McVay & Walker and FE. L.

Wayman ......eeeeeeeesecreerses

Exhibit 21. (Not Printed.) License agreement be-

tween MeCrum-Howell Co. and E. L.

Wayman .....ccecseccccssecreess

Exhibit 22. (Not Printed.) License agreement be-

tween National Sanitary Mfg. Co.

and E. L. Wayman.....---++ss+50°

Exhibit 23. (Not Printed.) License agreement be-

tween Standard Sanitary Manvfac-

turing Company and E. L. Wayman.

Exhibit 24. (Not Printed.) License agreement be-

tween Union Sanitary Manufactur-

ing Co. and E. L. Wayman......--

Exhibit

25.

30.

31.

32.

» td

PPro TLD be Saige! ~~

INDEX.

(Not Printed.) License agreement be-

tween United States Sanitary Manu-

facturing Company and E. L. Way-

WD ecpccvesvcccvcesuneccscenens

(Not Printed.) License agreement be-

tween A. Weiskittel & Sons and E.

Be WHEE sc ceccccsssccsecsesses

(Not Printed.) License agreement be-

tween Wheeling Enameled lron Com-

pany and E. L. Wayman..........

(Not Printed.) License agreement be-

tween L. Wolff Manufacturing Co.

OE BH. Ee. WMMB no oc ccc ccccscees

Statements and admissions of defend-

SE .6ckave cans tineeetaaeweyawes

List of jobbers of plumbing supplies

in the United States. The jobbers

whose names are checked (pp. 50-60)

the witness Wayman testified have

signed jobbers license agreements

similar to Ex. No. 11. Jobbers

named on pages 60 and 61 have also

signed, Vol. 1, pp. 60-63............

Letter of E. L. Wayman to manufac-

turers, April 16, 1910, stating the re-

sults of the sessions of the Price and

Schedule Committee, held at Mt.

Clemens, Michigan, April Sth to

DT GunauGeWdsasKietinsecanences

Letter Day-Ward Co. by A. G. Ward,

V. P. to H. M. Hoelscher, chairman,

EES Bey. HN hace ck siweesecesecs

Letter, Union Sanitary Mfg. Co. by C.

E. Gates, V. P. & Mgr... to H. M.

Hoelscher, Chairman, April 11, 1910

PAGE

. oes ss —

Exhibit

35.

40.

41.

So SR a ee a.

INDEX.

Letter, National Sanitary Mfg. Co. by

F. G. Borden, Prest. to H. M.

Hoelscher, Chairman, April 12,

BORD cccsccccncessesscctveniseswe

Letter, Humphryes Mfg. Co. by H. D.

Kenney to E. L. Wayman, April 12,

1910

eeceseeeeeseeeeeseeeeeeneeeeeeeee

Letter, A. Weiskittel & Son Co. by

Anton Weiskittel, to E. L. Wayman,

April 13, 1910...........--0eeeee

Letter, Wheeling Enameled Iron Co.

by J. E. Wright, Prest. to E. L.

Wayman, April 19, 1910........--.

Letter, MeVay & Walker, by A. C.

Walker, to E. L. Wayman, April 19,

WOOD o.kccsnescctnncensacasscess:

Letter, Kerner Mfg. Co. by H. T.

Frauenheim, Secy. to E. L. Wayman,

April 19, 1910 .........-ee eee ee

Letter, J. L. Mott Iron Works, by E.

Hammann to E. L. Wayman, April

BL, 1DID 2... cccccccecccccvccccecs

Pages of the Price List issued by E.

L. Wayman to the licensed manu-

facturers, June 1, 1910.......-----

Letter, E. L. Wayman to the jobbing

trade, May 28, 1910, naming the

‘licensed manufacturers and the three

patents acquired by him.......---

Letter, E. L. Wayman to the jobbing

trade, May 31, 1910, referring to

Price List

eeeceseeeveeeeeeeeveeeeeee?

Le 4

Exhibit

FR RUA as I SS Sb ee we RC EPY Re "

44.

46.

48.

49.

50.

INDEX.

Letter, E. L. Wayman to the jobbing

trade, May 19, 1910, inquiring how

many price lists will be required. .

Letter, E. L. Wayman to the jobbing

trade, June 3, 1910, describing the

licensing arrangement as it affects

fobbere 2.0... ccc cece e cree cece

Letter, E. L. Wayman to the licensed

manufacturers (latter part of) May,

1910, instructing them as to letters

they should write jobbers, Vol. I,

Letter, E. L. Wayman to F. J. Tor-

rance, May 28, 1910, with notation

thereon by Torrance...........+--

Letter, W. J. Kohler to E. L. Way-

man, Feb. 9, 1910, answering Way-

man’s letter of Feb. 7, 1910, Exhibit

12, supra

Letter, E. L. Wayman to W. J. Kohler,

Feb. 12, 1910, answering Exhibit 48

Letter, W. J. Kohler to KE. L. Way-

man, Feb. 14, 1910, answering Ex-

hibjt 49.0.6... 6c eee eee eee eee

Letter, E. L. Wayman te W. J. Kohler,

Feb. 25, 1910, calling meeting of

March 2, Vol. I, p. 95...........-.

Letter, E. L. Wayman to W. J.

Kohler, March 16, 1910, enclosing

memorandum of agreement which is

Exhibit 3, Vol. I, p. 97..........---

Letter, W. J. Kohler to E. L. Way-

man, March 21, 1910, answering Ex-

OE: sc kacecdivedexatvavianwas's

PAGE

uh)

101

102

104

105

106

107

Exhibit

56.

59.

60.

61.

62.

63.

INDBX.

Letter, E. L. Wayman to W. J.

Kohler, March 23, 1910, calling meet-

ing of March 29 and 30 at New York

GRE cn cducscccaceccsscscesssavees

Telegram, E. L. Wayman to W. iO.

Kohler, March 29, 1910, notifying

him of progress being made at meet-

ing in New York........-----++++-

Telegram, W. J. Kohler to E. L. Way-

man, March 29, 1910, answering Ex-

2 Serer rrerrrerreyy ret

Telegram, E. L. Wayman to W. J.

Kohler, March 31, 1910, asking for

a@ meeting .......---ee eee eee reese

Telegram, W. J. Kokjer to E. L. Way-

man, March 31, 1910, agreeing to

meet Wayman in Chicago April 2

Telegram, E. L. Wayman to W. J.

Kohler, March 31, 1910, answering

eee GD. 5 a Sec cewdasa ci eeddasss

Letter, E. L. Wayman to W. J.

Kohler, March 31, 1910, enclosing

copies of papers signed at New York

meetings and giving names of per-

sons elected to special committee. ..

Letter, W. J. Kohler to E. L. Way-

man, April 12, 1910, declines to join

license arrangement ...........---

Letter, E. L. Wayman to W. J. Kohler,

April 27, 1910, asks where Kohler

Co. is incorporated.............--- 113

Letter, W. J. Kohler to E. L. Way-

man, April 29, answering Exhibit 62. 114

Vili

Exhibit

64.

65.

66.

68.

69.

INDEX.

Letter, E. L. Wayman to W. J.

Kohler, May 2, 1910, encloses final

forms of agreements.......-++-+++

Letter, E. L. Wayman to Frank S.

Hanley, December 7, 1909 .......--

Assessments levied upon members of

Sanitary Enameled Ware Assn.

being in proportion to their respec-

tive outputs, Vol. I, p. 126........

Agreement between E. L. Wayman

and J. L. Mott Iron Works by Max

Goebel, Secy. for assignment of

Dithridge patent, May 5, 1910....

Assignment of Dithridge patent by J.

L. Mott Iron Works by Max Goebel,

Secy. to E. L. Wayman, May 5, 1910.

Agreement between E. L. Wayman

and L. Wolff Mfg. Co. by Jno. Clif-

ford, V. P. for assignment of Lind-

say patent, May 4, 1910..........

Assignment of Lindsay patent by L.

Wolff Mfg. Co., by Jno. Clifford, V.

P. to E. L. Wayman, attest H. M.

Hoelscher, May 4, 1910..........--

Letter, F. H. Caldwell, Prest. to E. U.

Wayman, May 5, 1910.......-.-.--

Telegram, F. H. Caldwell te Wayman,

May 6, 1910........-0- + eee ee eeeee

Letter, F. H. Caldwell to Wayman,

dated May 7, 1910........--+-+5--

Telegram, Wayman to F. H. Caldwell,

May 16, 1910.........--eeeeeeeees

PAGE

116

117

119

128

130

coi, ia

pee KF

INDEX. IX

Exhibit 75. Telegram, Cahill Iron Works to Way-

man, May 29, 1910.............65- 130

Exhibit 76. Letter, Colwell Lead Co. to Wayman,

ae rer rr yey 131

Exhibit 77. Letter, J. T. Duryea to Wayman,

March 16, 1910........csecccccess 131

dxhibit 78. Letter, Day-Ward Co. by A. G. Ward

to Wayman, Jan. 11, 1910......... 132

Exhibit 79. Letter, Wayman to A. G. Ward, Jan.

12, 1910, answering Exhibit 78.... 188

Exhibit 80. Letter, Day-Ward Co. by A. G. Ward

to Wayman, March 12, 1910........ 134

Exhibit &1. Letter, Wayman to A. G. Ward, March

: 15, 1910, answering Exhibit 80 and

giving names of persons who have

signed memorandum of agreement... 135

Exhibit 82. Letter, Wayman to A. G. Ward, dated

April 7, 1910, referring to Mt. Clem-

| rer are ee ye 136

Exhibit 8&8. Letter, Wayman to A. G. Ward, April

OD, Te eck ce eed ed wder pen eencens 136

Exhibit S84. Letter, Day-Ward Co. by A. G. Ward

to Wayman, April 21, 1910........ 137

Exhibit S85. Letter, Day-Ward Co. to Wayman,

May 12, 1910, asking for names of

manufacturers who have signed.... 138

Exhibit 86. Letter, Wayman to A. G. Ward, May

Se ree se eerie rer 139

Exhibit S87. Letter, Howard T. Gates, Seey. to

Wayman, Feb. 14, 1910............ 140

PO ALAA ET iia Be Oo

Exhibit

88.

91.

92.

93.

94.

95.

96.

98.

INDEX.

Letter, J. L. Mott Iron Works by E.

Hammann to Wayman, January 10,

1910, asking for another copy of

“proposed legal arrangement”......

Letter, Wayman to Edward Ham-

mann, Jan. 12, 1910, answering Ex-

hibit 88, sends another copy........

Letter, Wayman to E. Hammann,

April 29, 1910 ......--++- eee recess

Letter, Edward Hammann to Way-

man, May 7, 1910 .....-----++ee ees

Letter, Wayman to Edward Ham-

mann, May 10, 1910, answering Ex-

"2 Geerrrerrerr rr ree

Letter, Edward Hammann to Way-

man, May 21, 1910, answering Ex-

BONE OE csc cvecncrccncsccensesees

Letter, Wayman to Edward Ham-

mann, May 26, 1910, answering Eex-

2 aePrrrrrr rrr er rrr rrr

Telegram, Francis J. Torrance to

Wayman, May 19, 1910.......-----

Letter, Wayman to Standard Sani-

tary Manufacturing Co., May 19,

1910, enclosing copies of jobber’s

agreementS .....----+eeeereerrers

Letter, L. ©. Huesinann to Wayman,

Feb. 12, 1910 .......---eeeeceeees

Letter, Union Sanitary Mfg. Co. by

C. E. Gates to Wayman, February

, 7 a | rrr ee

PAGB

141

143

144

146

147

148

i aa

Exhibit

99.

100.

101.

102.

103.

104.

105.

106.

107.

108.

109.

INDEX.

Letter, E. L. Wayman to licensed

manufacturers, May 19, 1910, refer-

ring to labels, Vol. I, p. 164........

Letter, Wayman to licensees, June 6,

1910, inquires whether they are

using labels .......----+0eee+eeee

Letter,. Wayman to licensees, May 11,

1910, inquires how many price books

each will require .........---+-+--

Letter, Wayman to licensees, May 29,

1910, calls a meeting of manufactur-

ers’ salesmen .........---eeeeeee-

Letter, Wayman to F. J. Torrance,

May 28, 1910 .........---eeeeeee

Letter, Wayman to F. J. Torrance,

May 29, 1910, refers to commission.

Letter, Wayman to Western Supply

Co., June 10, 1910, refuses permis-

sion to buy Kohler ware........-.

Telegram, Wayman to Atlas Supply

Co., June 17, 1910, gives conditional

permission to buy Kohler ware....

Letter, Wayman to Atlas Supply Co.,

June 22, 1910, same subject as Ex-

IE Te pence ns dvncesstueedseccs

An early sketch of a “Proposed ar-

rangement for licensed manufactur-

ers.” (Drawn up by Wayman in

September, 1909, Vol. I, p. 181)

An early draft of a proposed arrange-

ment for licensed manufacturers to

be entered into by Wayman with the

several manufacturers, Vol. I, p.

OU vce sine cecakebarsnteseaases

159

161

¥il

Exhibit

110.

111.

112.

113...

114.

115.

116.

117.

118.

119.

INDEX.

Letter, Western Supply Co. to Way-

man, June 7, 1910, asking permis-

sion to sell Kohler ware. (See Ex-

bibht Me. 166) on cc dscccccuruaseds

Letter, Wayman to Western Supply

Co., July 9, 1910, authorizing pur-

chases of Kohler ware on certain

Cee Pre ee er eee eee

Letter, J. L. Sullwold to Wayman,

July 11, 1910, answering Exhibit

| Spe re re Per erm crt

Letter, Wayman to J. L. Sullwold,

July 14, 1910, answering Exhibit

>. Sipdalpaegees corpora e rons cr

Letter, Atlas Supply Co. to Wayman,

June 30, 1910, declines to sign con-

CHONG coca cnn Hew tmesiassceunsetans

Letter, Atlas Supply Co. to Wayman,

July 12, 1910 .....-. eee eee eeeee

Telegram, Atlas Supply Co. to Way-

man, July 11, respecting Kansas

City jobbers quoting in Oklahoma. .

Telegram, Wayman to Atlas Supply

Co., July 11, 1910, answering Ex-

hibit 116, suggests signing of license

agreement ....--..+-+ee essere reer

Telegram, Atlas Supply Co. to Way-

man, June 17, 1910, asking if they

may purchase Kohler ware if they

sign contract. See for Wayman’s

answer Exhibit 106 ..........-.-.

Letter, Wayman to Atlas Supply Co.,

July 10, 1910. (See Exhibit 115) ..

PAGE

169

170

171

173

174

175

Exhibit

120.

124.

126.

128.

129.

130.

INDEX.

Letter, Wayman to Atlas Supply Co.,

July 15, 1910, is trying to arrange

meeting of JObDORO. ...665 6 ceeycues

Letter, Atlas Supply Co. to Wayman,

June 18, 1910, asks permission to

Way DORM WH ii kkk ces iveees

Letter of Wayman to persons un-

MO ii viva xehevnsdcaxcereeE

Letter, Hotchkiss, Vail & Garrison

to Wayman, June 14, 1910, respect-

ing certain terms of jobbers’ license

i ePPverrerr Terre er @ceees

Letter, Wayman to Hotchkiss, Vail &

Garrison, June 17, 1910, answering

BS ere rep

Letter, Wayman to licensed manu-

facturers, May 11, 1910, respecting

automatic equipment .............

Letter, Union Sanitary Mfg. Co. by

E. V. Brigham, Secy. & Treas. to

Wayman, answering Exhibit 125 ..

Letter, Wayman to Union Sanitary

Mfg. Co., May 16, 1910, answering

Re OP ge encecdeteeeae ec haee

Letter, Wayman to Jobbing Trade,

August 13, 1910, referring to rule

respecting crating ...........000s%

Letter, Wayman to Louis Lipp Co.

July 2, 1910, enclosing copy of let-

ter to Cincinnati jobbers..........

Letter, Wayman to Cincinnati job-

bers, July 2, 1910, enclosed in Ex-

eer ee Piyeeeieesane

XIll

PAGE

179

182

Is4

184

185

187

Exhibit 150.

Exhibit 151.

Exhibit 152.

Exhibit 153.

INDEX.

Letter, Theodore Ahrens to Walter

Kohler, May 19, 1919, urging Kohler

to become a party to the proposed

license and resale arrangement....

Letter, W. J. Kohler to Theodore

Ahrens, May 21, 1910, answering Ex-

BEE BE occas cectccccsccveccscss

Letter, Wayman to Kohler, June 17%,

1910, asks return of correspondence.

This exhibit consists of correspond-

ence between E. L. Wayman and

W. J. Kohler as follows:

1. Letter, Kohler to Wayman, Feb.

10, 1910.

2. Letter, Wayman to Kohler, Feb.

11, 1910.

3. Letter, Wayman to Kohler, Feb.

12, 1910.

4. Letter, Kohler to Wayman, Feb.

14, 1910.

5. Telegram, Wayman to Kohler,

Feb. 28, 1910.

6. Letter, Wayman to Kohler, Mar.

16, 1910, enclosing copy of mem.

of agreement.

Memorandum of agreement en-

closed in No. 6, supra. This

agreement is similar to Exhibit

No. 3.

&. Jobber’s agreement, being “‘a sug-

gested form of contract to be

executed between manufactur-

ers and jobbers”.

9. Letter, Kohler to Wayman, March

21, 1910.

10. Letter, Wayman to _ Kohler,

March 23, 1910.

11. Letter, Kohler to Wayman,

March 24, 1910, enclosing sam-

PAGE

238

239

240

Exhibit

154.

156.

160.

161.

162.

1638.

INDEX.

ple copies of manufacturers li-

cense agreement, jobbers license

agreement and sheets of loose

leaf price book illustrating re-

sale arrangement ............

Letter, Theodore Ahrens to J. B.

Murphy, May 18, 1910. The answer

to this letter is Exhibit 149........

Letter, J. B. Murphy to Theodore

Ahrens, May 20, 1910. This letter

answers Exhibit 148 ..............

Letter, Theodore Ahrens to John Sull-

wold, July 11, 1910.............---

Letter, J. L. Sullwold to Theodore

Ahrens, July 138, 1910, answering

a 8) Seer er

Telegram, J. L. Sullwold to Wayman,

July 5, 1910 2.2... cece eee eee ees

Letter, Theodore Ahrens to J. L. Sull-

wold, July 18, answering Exhibit 157

Letter, J. L. Sullwold to F. J. Tor-

rance, June 13, 1910 ..........-+---

Letter, F. J. Torrance to J. L. Sull-

wold, June 16, 1910 ..........--+---

Letter, J. L. Sullwold to F. J. Tor-

rance, June 21, 1910, answering Ex-

SS errr rrr Terry

Letter, F. J. Torrance to J. L. Sull-

wold, June 23, 1910, answering Ex-

BARE BOD nc cc ccccccscesccscesens

241

264

268

271

XVII

Exhibit

exhibit

164.

165.

166.

167.

168.

169.

170.

171.

174.

INDEX.

Letter, J. L. Sullwold to F. J. Tor-

rance, June 27, 1910, answering Ex-

a Orr Terre Tere err

Letter, J. L. Sullwold to W. A. Myler,

June 10, 1910 .......... cece ween

Letter, Standard Sanitary Manufactur-

ing Co. by F. J. Torrance to Western

Supply Co., June 4, 1910 ..........

Letter, Wheeling Enameled Iron Co. to

Western Supply Co., June 6, 1910

Letter, McCrum-Howell Co. by Howard

T. Gates, Sec'y. to Western Supply

PO BORG Bh, TOES onc ccc cccewwcwnn

Letter, Union Sanitary Manufacturing

Co. to Western Supply Co., June 1,

PRR errr eT er ree

Letter Cahill Iron Works to Western

Supply Co., June 1, 1910 ..........

Letter, L. Wolff Mfg. Co., to Western

Supply Co., June 13, 1910 ........

Letter, McVay & Walker to Western

Supply Co., June 1, 1910 ..........

Telegram, Wayman to J. L. Sullwold,

Py ee ere eee eee

Telegram, J. L. Sullwold to Wayman,

June 22, 1910, answering Exhibit 173

Letter, Cahill Lron Works to Western

Supply Co., June &, 1910 ..........

Letter, Western Supply Co. to Cahill

Iron Works, June 10, 1910 ........

PAGE

278

280

287

eer ns

Exhibit 177.

Oxhibit 178.

Exhibit 179

Exhibit 180.

Exhibit 181.

Exhibit 182.

Exhibit 183.

Exhibit 184.

Exhibit 185.

Exhibit 186.

Exhibit 187.

Exhibit 188.

INDEX.

Letter, Cahill Iron Works, to Western

Supply Co., June 14, 1910 .........

Letter, Western Supply Co. to Cahill

Iron Works, June 16, 1910 ........

Letter, Cahill Lron Works to Western

Supply Co., June 20, 1910 ........

Letter, Western Supply Co. to Cahill

Iron Works, June 23, 1910 ........

Letter, Wayman to J. L. Sullwold, July

De OOD cettuvsececacdackesvevacas

Letter, J. L. Sullwold to Wayman, June

7, 1910, asking for leave to sell Koh-

ee Crore rE rey TT Peer

Letter, Wayman to Western Supply

Co., June 10, 1910, answering Ex-

hibit 182, refuses leave to buy Kohler

ware

Letter, Western Supply Co. to Way-

man, July 11, 1910, answering Ex-

oe eer Terre TT Tere er

Letter, Wayman to J. L. Sullwold,

. ge Se ee ee re ree

This exhibit is not printed. It is a copy

of a catalogue of the enameled ware

of various manufacturers sold by the

Western Supply Co. as jobbers (See

Ree., Vol. I, pp. 320-321).

Letter, Cahill Iron Works to Illinois

Malleable Iron Co., August 10, 1910

Letter, U. S. Sanitary Mfg. Co. to IIL

Malleable Tron Co., May 31, 1910

299

300

301

302

INGEN SON PS BA

LEDER PLA OR OREN ON RIO

Exhibit 189.

Exhibit 190.

Exhibit 191.

ixhibit 192.

Exhibit 193.

Exhibit 194.

Exhibit 195.

Exhibit 196.

Exhibit 197.

Exhibit 19%.

Exhibit 199.

INDEX.

Letter Standard Sanitary Manufactur-

ing Co., to Ill. Malleable Iron Co.,

undated .........cceceecceeececes

Letter U. S. Sanitary Manufacturing

Co. to Il. Malleable Iron Co., June

11, 1910 ........- cece cece eee erees

Letter, National Sanitary Manufactur-

ing Co. to Ill. Malleable Iron Co.,

Aug. 25, 1910 .....---+- eee eee eees

Letter, U. S. Sanitary Mfg. Co., to Ill.

Malleable [ron Co., May 20, 1910 ..

Letter, MceCrum-Howell Coe. by S. 0.

Drugger, to D. M. Gilmore Co., June

BE 1990 nc cccccccccccscsvcsceess

Telegram, D. M. Gilmore Co. to Me-

Crum-Howell Co., July 28, 1910 ....

(Not printed.) Letter, MeCrum-Ho-

well Co. to D. M. Gilmore Co., July

28, 1910

Letter, Eichel & Co., agents National

Sanitary Mfg. Co. to D. M. Gilmore

Co., July 8, re ry ia a a

Letter, Cahill Lron Works to D. M.

Gilmore Co.. August 8, 19100 ......

Letter, Cahill lren Works to D. M.

Gilmore Co., Aug. 15. 19100 ......--

Telegram, S. 0. Dugger to ID. M. Gil-

a dt >| See

PAGE

303

304

305

306

316

Exhibit

200.

201.

202.

2055.

204.

206.

207.

20S.

209.

210.

fil ea

INDEX.

Letter, S. O. Dugger, agent MeCrum-

Howell Co. to D. M. Gilmore Co.,

Aug. BE, 1W1O ... 2. cc ccccceccccces

Letter, S. O. Dugger to D. N. Gilmore

Co., Sept. 12, 1910 ...........6-.-

Letter, D. M. Gilmore Ce. to Sam O.

Dugger, Sept. 16,1910 ...........-

Letter, 8. O. Dugger to D. M. Gilmore

Co., Sept. 19, 1910 ..........-.6--

Letter, Union Sanitary Mfg. Co. to D.

M. Gilmore Co., June 6, 1910, Cir-

CURE ccc cecscccccccccessasccse

Letter, Wheeling Enameled Iron Co.

to D. M. Gilmore Co., June 6, 1910,

Cheba ccc cccccncccccscccccenss

Letter, Cahill Lron Works to D. M.

Gilmore Co., June 1, 1910, Circular

Letter E. L. Wayman to Chandler

Pump Co., June 18, 1910 .......---

Letter, U. S. Sanitary Manufacturing

Co. to Chandler Pump Co., May 24,

ee Ser ere ee

This exhibit was withdrawn Vol. I, 462

Letter, Standard Sanitary Manufactur-

ing Co. to Central Plumbers’ Supply

Co., June 10, 1910 ...........-66--

317

319

320

321

322

323

324

325

326

XXII

Exhibit

Exhibit 2

exhibit °

Exhibit °

Exhibit

exhibit 2:

Exhibit :

211.

212.

218.

214.

219.

220.

—

INDEX.

Letter,. Standard Sanitary Manufactur-

ing Co. to Central Plumbers’ Supply

Cg SORy BA, TED wis ca cacccncceas

Letter, Kerner Mfg. Co. to Central

Plumbers’ Supply Co. ..........-.

Circular from E. L. Wayman to job-

bing trade, June 3, 1910, received by

Central Plumbers’ Supply Co. about

that time. Rec., Vol. I, 351 ........

Letter, Standard Sanitary Manufactur-

ing Co. to Central Plumbers’ Supply

Co., August 10, 1910 ..............

Letter, Standard Sanitary Manufactur-

ing Co. to Mayor, Lane & Co., June

» ee Pere err ee

Letter, W. A. Myler to F. G. Ellis,

Mayor, Lane & Co., June 4, 1910.

Letter, Humphryes Mfg. Co. to Mayor,

Lane & Co., June 6, 1910, Circular,

Letter, Howard T. Gates, Secy. to

Mayor, Lane & Co., June 3, 1910,

+ EU T TE TET EL ETL ETT Ce

Letter, Cahill Iron Works to Mayor,

Lane & Co., June 14, 1910, Circular

Letter, Theodore Ahrens to Fleck

Bros., July 13, 1910, urging them to

sign license agreements ...........

Letter, Cahiil Iron Works to Fleck

BUG. BU, BE, TOSD cv cascecccvdues

Letter, F. J. Torrance to Ronalds &

Johnson, June 11, 1910 ..........

PAGE

330

331

332

336

337

338

339

340

341

342

343

344

INDEX. XXII

PAGE

Exhibit 223. Letter, U. S. Sanitary Mfg. Co. to

Hotchkiss, Vail & Garrison Co.,

Sie BR, FORD. iv wikis cecncccswes 345

Exhibit 224. Letter, U. S. Sanitary Mfg. Co. to :

Hotchkiss, Vail & Garrison Co., June

, a. errrrrrerr Tire err 346

Exhibit 225. Letter, Hotchkiss, Vail & Garrison Co.

to U. S. Sanitary Manufacturing

Co., June 27, 1910 ..........-..6.- 348 :

Exhibit 226. Letter, U. S. Sanitary Mfg. Co. to ;

Hotchkiss, Vail & Garrison Co., July :

BS, TORO ccs ciccerecssesaes eens 349

Exhibit 227. Letter, Hotchkiss, Vail & Garrison Co.

to Standard Sanitary Mfg. Co., June

eee rt rer Terr rere 350

Exhibit 228. Letter, Francis J. Torrance to Hotch-

kiss, Vail & Garrison Co., June 27,

REG so wae ee oid Cocac ee Ce ee we ae SDL

Exhipit 229. Letter, E. L. Wayman to Hotchkiss,

Vail & Garrison Co., July 14, 1910 352

Exhibit 230. Letter U. S. Sanitary Mfg. Co. to

Hotchkiss, Vail & Garrison Co., Aug.

Oe WERE. ccoratensceears cereal 353

Exhibit 381. Letter, Francis J. Torrance to E. E.

Hatf, F. N. DuBois Co., June 9, 1910 354

Exhibit 232. Letter F. N. DuBois Co. to Francis J.

Torrance, June 10, 1910 .......... 356

Exhibit 283. Letter, E. L. Wayman to E. E. Haff,

et SS RUS. sane cecackavasans 358

i SEP Twat

OUI INF,

ANON RA LENCE A

PA PNG SAG OP I

A i

GOMES RIK are

cn weer

XXIV

Exhibit

Exhibit 23

Exhibit 2:

exhibit

Exhibit

exhibit

Exhibit

238.

239.

240.

241.

242.

245.

INDEX.

Letters, with contracts similar

to Government's Exhibit 11..

Letter, J. F. Grosswiller Supply

Co. to Standard Sanitary Mfg.

Co., duly 6, 1930 .....0005::

Letter, Standard Sanitary Mfg.

Co. to J. FF. Grosswiller Sup-

ply Co., July 11, 1910 ......

Letter, Standard Sanitary Manu-

facturing Co., to J. F. Gross-

willer Supply Co. July 12,

SOR Sais paws Caeenes tanto es

Letter, J. F. Grosswiller Supply

Co. to Standard Sanitary Man-

wlartdting OO id..ci ec ceecees

Letter J. F. Grosswiller Supply

Co. to Cahill Iron Works, Au-

WR GE See .. civbucsana ees

Letter, Cahill Iron Works to J.

I’. Grosswiller Supply Co., Au-

De Se. rr ee

Letter, J. F. Grosswiller Supply

Co. to Cahill Tron Works, Au-

MO Ba FOO A sh ascavcavsads

Letter, Cahill Iron Works to Jo-

seph IF. Grosswiller, Aug. 24,

SERN yy Per ere ye eT ret

Letter J. F. Grosswiller Supply

Co. to F. H. Caldwell, Oct. 1,

BOE 6 he deecakaseaessesnenes

Vol. I

“

PAGE

424

426

427

430

431

Exhibit

Exhibit :

Exhibit

245.

246.

247.

248.

249.

251.

INDEX.

Letter, Cahill Iron Works to J.

F. Grosswiller Supply Co., Oct.

a rrr rer re ree Tet

Letter, J. F. Grosswiller Supply

Co. to Cahill Iron Works, Oct.

1S, BORO . co cccccccesevescas

Letter, J. F. Grosswiller Supply

Co. to Cahill Iron Works, Nov.

ae. Serer re rr es

Letter, Cahill Iron Works to J.

F. Grosswiller Supply Co.,

Nov. 2B, 1090 ...ccccsnccsss

Letter, J. F. Grosswiller Supply

Co. to E. L. Wayman, Nov. 25,

PO irre re rere ee

Letter, E. L. Wayman to J. F.

Grosswiller Supply Co., No-

vember 28, 1910 ..........6.

Bill rendered by National Sup-

ply Co. to J. F. Grosswiller

Supply Co., Dee. 6, 1910 .....

Letter, J. F. Grosswiller Supply

Co. to L. Wolff Mfg. Co., Oct.

Ae. See rrrry ree. cere

Letter, L. Wolff Mfg. Co. to J. F.

Grosswiller Supply Co., Oct.

BD, BNW os 6 oc iis sae cake cans

Letter, J. F. Groesswiller Supply

Co. to L. Woiff Mfg. Co., Oct.

15, 1090 22. ener escenecass

Vol. I

“ec

432

433

434

434 .

435 ;

435

436

437

CD Serer came ea, .

XXVI

Exhibit 254.

Exhibit 255.

Exhibit 256.

Exhibit 257.

Exhibit 25%.

Exhibit 259.

Exhibit 260.

Exhibit 261.

Exhibit 262.

INDEX.

PAGE

Letter, L. Wolff Mfg. Co. to J.

F. Grosswiller Supply Co., Oct.

SO BED gon ctncscsvessesss: Vol. 1 437

Letter, J. F. Grosswiller Supply.

Co. to L. Wolff Mfg. Co., Oct.

Ya) cia “« 438

A description of this exhibit is

given in the testimony of Oscar

A. Kroos (Vol. I, 448 et seq.) «448

(This exhibit, prepared by the

witness Kroos, Secy. of the

J. M. Kohler Sons Co., and

consisting of 38 large type-

written sheets, giving tabu-

lations of prices, is not

printed. )

Letter, E. L. Wayman to the job-

bing trade, May 31, 1910 .... “« 493

Certain correspondence between

E. L. Wayman and Chandler

Pump Co. ...--eeee errr «494

Letter, E. L. Wayman to jobbing

trade, submitted by him first

to the manufacturers (Vol. I,

GU. ga ccvcsesceceeextese' 359

Letters and contracts from li-

censed manufacturers to Na-

tional Supply ©o., deseribed.. Vol. 1 531

Letter, Frank Collins to F. J.

Torrance, June 28, 1910 ..... « 539

Letter, Frank Collins to F. J.

Torrance, July 1, 1910 ..---- “« §40

INDEX. XXVII

Exhibit 263. Letter, Francis J. Torrance to

Frank Collins, July 5, 1910.. Vol. I 541

Exhibit 264. Letter, Theodore Ahrens to

Frank Collins, Sept. 24, 1910 “542

Exhibit 265. Letter, Theodore Ahrens’ to

Frank Collins, Oct. 6, 1910 .. “645

Exhibit 266. Letter, F. J. Torrance to Na-

tional Supply Co., Sept. 29,

Aes “546

Exhibit 267. Letter, E. L. Wayman to Frank

Collins, Aug. 24, 1910 ......-. “B47

Exhibit 268. Letter, U. 8. Sanitary Manufac-

turing Co. to National Supply

Co., June 1, 1910 .....----++-- «547 :

Exhibit 269. Letter, U. S. Sanitary Manufac-

turing Co. to National Supply

Co., June 7, 1910 ......-+-+-- “6649

Exhibit 270. Letter, U. S. Sanitary Manufac-

turing Co. to Frank Collins,

June 13, 1910 .......---- eee “ 549 ;

Exhibit 271. Letter, Cahill Iron Works to ‘

National Supply Co., June 10, é

OD Saco an enes cena tases “ 550

Exhibit 272. Letter, Frank H. Caldwell to :

Frank Collins, July 7, 1910 “ 551

SRAM CH

Exhibit 273. Letter, Frank Collins to Frank

H. Caldwell, July 9, 1910 .... “« 553

Exhibit 274. Letter, F. H. Caldwell to Frank

Collins, July 11, 1910 ......

Pisani

XXVIII

Exhibit 275.

Exhibit 276.

Exhibit 277.

INDEX.

Correspondence between E. L.

Wayman and National Supply

CA cass ateevewacaadess ae as

Letter, Frank Collins to Stand-

ard Sanitary Manufacturing

Co., July 16, 1910 ........-.

Letter, National Supply Co. to

F. J. Torrance, Sept. 13, 1910

“

“é

PAGE

a . bP UDRANE eT eee eee —_— = . . ~

ons RSP DDN te BE a 22 iE GK Gata ibe eis

PETITIONER’S EXHIBIT No. 1.

Filed Oct. 31, 1910.

THE SANITARY ENAMELED WARE ASSOCIATION

Offices

1509 Arrott Bldg.

Pittsburg 2

E. L. Wayman, Commissioner.

Officers.

D. A. Carpenter, Pres. Mansfield, O. Ex Officio Members

A. H. Cline, Jr. Treas. Pittsburgh, Pa. of Board of Directors.

H. M. Hoelscher, Sec’y. Chicago, Il.

Directors.

Walter J. Kohler, Chairman Sheboygan, Wis. Elected for a term

Francis J. Torrance, Pittsburg, Pa. of’ two years.

Vice-Chairman

L. C. Huesmann, Indianapolis, Ind.

J. A. Kelly, Pittsburgh, Pa. Elected for a term 93

of one yr.

Anton Weiskittel, Baltimore, Md.

Members Representatives

Blairsville Enameled Ware Co. Blairsville, Pa. Mr. F. D. Cook,

Barnes Mfg. Co., The Mansfield, Ohio. “ 7. R. Barnes

Cahill Iron Works, The Chattanooga, Tenn. “ F. H. Caldwell

Clymer Mfg. Co., Indiana, Pa. “ U. A. Guthrie

Colwell Lead Company, New York, “J. T. Duryea.

Day-Ward Co., The Warren, Ohio. “A. G. Ward,

Humphryes Mfg. Co., The Mansfield, O. “ DPD. A. Carpenter

Iron City Sanitary Mfg. Co. Pittsburgh, Pa. « J. A. Kelly

Kohler Sons Co., J. M. Sheboygan, Wis. “ W. J. Kohler

Mott Iron Works, J. L. New York, « E—. Hammann, 4

McVay & Walker, Braddock, Pa. “ Alex C. Walker

McCrum-Howell Co. New York City. “ H. T. Gates

National Sanitary Mfg. Co. Salem, Ohio. “ F. G. Borden,

Standard Sanitary Mfg. Co. Pittsburgh, Pa. “ F. J. Torrence,

Union Sanitary Mfg. Co. Noblesville, Ind. « L. C. Huesmann

United States Sanitary Mfg. Co., Pittsburgh, Pa. “ A. H. Cline, Jr.

Wolff Mfg. Co., L. Chicago, III. “ H. M. Hoelscher

Weiskittel & Son, A. Baltimore, Md. “ A. Weiskittel

Wheeling Enameled Iron Co. Wheeling, W. Va. « J. E. Wright

“

2 GOV’T’S EX. 2—RESOLUTION OF MARCH 30, 1910.

PETITIONER’S EXHIBIT No. 2.

Filed Oct. 31, 1910.

March 30, 1910

Resolved that the matter of License Agreement and

Resale Agreement be referred to a Special Committee of

five (5); said Committee to be elected at this meeting and

to be known as the Price and Schedule Committee, which

Committee shall be elected directly should the motion to

adopt this Resolution prevail.

This Committee shall interview the various manufac-

turers, obtaining their consent as evidenced by their sig-

natures to the above mentioned Agreements. And when

the consent of &5 per cent of the production is had, the

Agreements shall become binding and effective.

The Commissioner is authorized to levy a special as-

sessment equal to the amount of one quarter's dues as now

paid into the Association.

The proceeds of said special assessment to be used for

the purpose of defraying the necessary expenses incurred

in carrying into effect the object for which this Convention

was called. The undersigned agree to the above conditions,

and in so appending their signatures hereby agree to give

their prompt cooperation to the matter in question.

Witness the Hands and Seals of the Parties hereto:

The Cahill Iron Works per F. H. Caldwell, Pres.

per E. L. Wayman,

L. Wolff Mfg. Herman M. Hoelscher,

Secy.

The Day Ward Co. A. G. Ward. V. P.

National Sanitary Co. F. G. Borden, Pres.

Blairsville Enameled Ware Co. F. D. Cook, Pres.

A. Weiskittel & Son Co. Anton Weiskittel

United States Sanitary Mfg. Co. C. F. Arrott, Prest.

The MceCrum-Howell Co. Howard T. Gates, Secre-

tary

( The J. L. Mott Iron Works E. Hammann

subject to confirmation or rev-

ocation by our General Man-

ager, John Reid

The Barnes Mfg. Co. T. R. Barnes, Secy. &

Gen. Mgr.

ESE eS ELEGANS IEE) Shh ON ESE ee ears — ere

GOV'T’S EX. 2—RESOLUTION OF MARCH 30, 1910. 3

The Humphryes Mfg. Co. A. I. Laing

by Frank Torrance, V.

Standard Sanitary Mfg. Co. Pres.

Union Sanitary Mfg. Co. by C. E. Gates

Wheeling Enameled Iron Co. by J. E. Wright, Pres.

per E. L. Wayman.

Clymer Mfg. Co. W. A. Guthrie, Pres.

4 GOV’T’s EX. 3—WAYMAN’S MEM. OF AG'T, MARCH 2, 1910.

PETITIONER’S EXHIBIT No. 3.

Filed Oct. 31, 1910.

EDWIN L. WAYMAN

1509 Arrott Bldg.

Pittsburgh

MEMORANDUM OF AGREEMENT.

We hereby agree to execute with E. L. Wayman of the

City of Pittsburg, as Licensor, on or before April 15th,

1910, a License Agreement for the Manufacture of Sanitary

Enameled Ware under the following United States Letters

Patent.

“Various Patents covering Pneumatic Dredgers.”

(to be enumerated in detail).

and such additional Patents as may come into his posses-

sion, upon the Terms, Conditions, ete., as hereinafter stated

or provided for :—

The License “Agreement to cover the following

Schedules of Enameled Ware.

Schedule 1. 5, ear Guaranteed Baths.

“

2 “ “ “

3. All other Grades of Baths.

4. Small Ware, Lavatories, etc. and R.R.

sinks

>. Flat Rim Sinks.

6. Competitive Lavatories 552 to 562 In-

elusive 565 and 535.

The amount of Royalty to be as follows:

$5.00 per day per furnace in operation with a rebate

of 90 per cent, beginning with the 1st month of the

2nd Period and monthly thereafter, if the terms of

the License have been complied with.

For each violation of the Price Regulations of the

License Agreement we agree to forfeit a sam equal

to the amount of the shipment in question, and such

other penalties as may be agreed on.

The Selling Prices to the Jobbers to be established

through the Licensor by a Price Committee ap-

pointed by the various manufacturers.

aimee Neh DES Aaa ea

10.

11.

GOV’T’s EX, 3—WAYMAN’S MEM. OF AG’T, MARCH 2, 1910. 5

The Resale Prices to the Jobber, taking into considera-

tion the rebate for observance of Buying and Sell-

ing Regulations, shall be figured as follows:

High Grade Goods 25% above Jobbers cost.

Competition Goods 16 2/3% above Jobbers cost.

The Rebates to Jobbers shall be as follows:

10%, payable at end of Period for strict observance of

agreements, the details of the manner in which the

rebate shall be made, to be determined.

The length of the Rebate Periods shall be 3 months

beginning April 15th, 1910, with the exception of

the first period, which shall end July Ist.

The License Agreement and Resale Prices shall be-

come effective April 15h, and the agreement to be

executed between the Manufacturers and Jobbers

shall contain a clause to the effect that all material

purchased or on hand previous to the above date

shall be sold at the Resale Prices that may be

established.

The details of Contract Forms between the Manufac-

turers and the Licensor shall be drawn up by the

Licensor and submitted for approval at the next

Special Meeting to be held in New York City.

The Licensor will also submit the same covering Agree-

ment between Manufacturers and Jobbers.

The following “Preferential Discounts” from the sell-

ing Prices established by the Licensor will be al-

lowed the various Manufacturers on Sales to Job-

bers only.

Schedule 1—5 year Guaranteed Baths.

“ yey ee ts sé

” 3—Ali other Grades of Baths.

* 4—Small Ware—Lavatories, ete. & RR

Sinks.

= 5—Sinks, flat rim.

“ 6—Competitive lavatories 552-562 Inelu-

sive 565 and 535.

rt eet nr ten ten et rs

6 Gov'r’s EX. 3—WAYMAN’S MEM. OF AG'T, MARCH 2, 1910.

1 SCHEDULES.

Manufacturers 1 2 3 4 5 6

Standard None None None None None None

Wolltf ir ity “ Ty o “

U. 8S. “ iT “ “ “ “6

Kehler ir “ “ “ “e “

Barnes “ “ “ “ “ “

Cahill “A ow “ “ ow oT

Mott “ “ “ “ “ “

Union 5% 26% “ Wh “ “0

Colwell 5% 2% “ Wh O“ .

2 Clymer 5% 2% “ We

Blairsville 5% 2% “ Ws “ .

McVay & Walker 5% 26% “ 2h “ ™

Weiskittel 5% 2% “ Whe O“ "

National 5% 2% “ We “ *

Iron City BJ 2%4% “ We “ .

Humphryes 5% 24% “ Wh “ ’

Day-Ward 2% 2% “ Wh “ “

McCrum-Howell 5% 2% “ Whe “

Wheeling B% 2% “ Whe =

3 12. The Length of time for which the License Agreement

will be entered into and such other details as may be

necessary for the perfection of the arrangement to be

determined at the next meeting of the various Manu-

facturers.

Signed

The MeCrum-Howell Co. Standard Sanitary Mfg. Co.

Lloyd G. MeCrum, Prest. ty Francis J. Torrance,

Blairsville Enameled Ware V. Pres.

Co. L. Wolff Mfg. Co.

4 A. A. Shipman Treas. Herman M. Hoelscher,

National Sanitary Mfg. Co. Secy.

¥. G. Borden, Pres. United States Sanitary Mfg.

The Barnes Mfg. Co. Co.

T. R. Barnes, Secy. & Gen. By A. H. Cline, Jr. Secy.

Mgr. Anton Weiskittel & Son Co.

The Humphryes Mfg. Co. By Anton Weiskittel

Ry Reed Carpenter, Treas. Union Sanitary Mfg. Co.

Wheeling Enameled Lron Co. per (. E. Gates,

J. E. Wright, Prest. 2nd V. P. & Gen. Mgr.

GOVERNMENT'S EXHIBIT 4.

PETITIONER’S EXHIBIT No. 4.

Filed Oct. 31, 1910.

Tel. address 2100 Bryant

Cable or Marconi address

Muschenheim, New York

Hotel Astor,

Times Square,

New York.

Wm. C. Muschenheim

Whereas: A proposition is pending for a license agree- 2

ment and a resale price for the benefit of the jobbing trade,

and whereas long-time contracts are a menace to such prop-

osition, We, the undersigned mfr. of En. Ware hereby

agree to take no orders for delivery beyond May 31st, 1910,

this agreement is not binding upon the signers unless all

members of the Enam. Ware mfgrs. are parties thereto and

append their signatures.

The within is agreed to.

Union Sanitary Mfg. Co. By C. E. Gates

L. Wolff Mfg. Co. Herman M. Hoelscher, Secy.

The Day Ward Co. By A. E. Ward & Co. 3

The United States Sanitary Mfg. Co. A. H. Cline Jr. Secy.

The Cahill Iron Works By F. H. Caldwell, Prest.

Blairsville Enameled Ware Co. F. D. Cook, Prest.

A. Weiskittel & Son Co. Anton Weiskittel

The MeCrum-Howell Co. Howard T. Gates, Secretary

The Barnes Mfg. Co. T. R. Barnes, Secy. & Gen. Mgr.

The Humphryes Mfg. Co. A. I. Laing

Clymer Mfg. Co. W. A. Guthrie, Pr.

National Sanitary Mfg. Co. F. G. Borden, Pres.

The J. L. Mott Iron Works, E. Hamann

Standard Sanitary Mfg. Co. by Frane J. Torrance, V. P. 4

Wheeling Enameled Iron Co. by J. E. Wright—per E. L.

Wayman.

Kerner Mfg. Co. J. A. Frauenheim, Prest.

ee a eee ed

8 Gov’T’s EX. 5—PRELIMINARY AGT AS’G’M’T ARROTT PATENT.

PETITIONER’S EXHIBIT No. 5.

Filed Oct. 31, 1910.

AGREEMENT.

Tus AGREEMENT made this 4th day of May, 1910, by

and between Edwin L. Wayman, of Pittsburg, Allegheny

County, Pennsylvania, party of the first part, and the

Standard Sanitary Manufacturing Company, a corporation

organized and existing under the laws of the State of New

Jersey, having a place of business at Pittsburg, in said

County and State, party of the second part,

WITNESSETH: That whereas the party of the second part

is the owner of the entire right, title and interest in and to

patent No. 633,941 to James Arrott, dates September 26th,

1899, for Dredger for Pulverulent Material :

ANp WuerEAs the party of the first part desires to secure

the exclusive right, title and interest in and to said Letters

Patent and inventions:

Now THEREFORE, be it known that the parties have

agreed as follows:

First, The party of the second part hereby agrees that

it will assign, sell and set over unto the party of the first

part, its entire right, title and interest in and to said

Letters Patent and inventions, for and in consideration of a

cash payment by the party of the first part, to be hereafter

agreed upon, and for and in consideration of the following

covenant on the part of the party of the first part.

SecoNp—The party of the first part, for and in con-

sideration of the said assignment, agrees that the party of

the second part shall, at the expiration of tivo years from

the date hereof, have the right to request, if it shall so

desire, a reassignment to it of the said patent; and further

agrees if at any time after the expiration of the said period,

the party of the second part shall request such reassign-

ment, that he will at once, and without further considera-

tion, execute and deliver any and all papers necessary to

effect such reassigninent.

IX WirNess WHeREOF, the party of the first part has

affixed his hand and seal the day and year first above

written, and the party of the second part has caused these

—— HEAD SRT Oath Deas LLANE She et BRE ss we Se de RARER MEL OE

GOV'T’S BX. 5—-PRELIMINARY AG'T AS’G’M’T ARROTT PATENT. 9

presents to be executed by its Vice President, and attested 1

by its Secretary.

EpWIN L. WAYMAN

L. S. [SEAL]

STANDARD SANITARY MFG CO

By Francis J. TORRANCE.

Vice President.

{SeaL.] Standard Sanitary

Manufacturing (Co. 1899.

Attest:

| W. A. Myler.

Secretary. 2

10 GOV’T’S EX. 6—ASSIGNMENT ARROTT PATENT.

PETITIONER’S EXHIBIT No. 6.

Filed Oct. 31, 1910.

ASSIGNMENT.

Wuereas, the Standard Sanitary Manufacturing Com-

pany, a corporation organized and existing under the laws

of the State of New Jersey, and having a place of business

at Pittsburgh, Pennsylvania, is the owner of all the right,

title and interest in and to the following Letters Patent,

viz:

Pat. No. Date Inventor Title

633,941 Sept. 26th, 1899 James Arrott Dredger for Pul-

verulent Material.

ANnp Wuereas, Edwin L. Wayman, a resident of Pitts-

burg, in said County and State, desires to acquire all right,

title and interest in and to said patent, and in and to the

invention covered, or intended to be covered, thereby ;

Now, THEREFORE, be it known, that for and in con-

sideration of the sum of 7'en Thousand Dollars ( $10,000.00)

by the said Edwin L. Wayman in hand paid the receipt of

which is hereby acknowledged, the STANDARD NANITARY

Mra. Co. aforesaid has assigned, sold and transferred, and

by these presents does assign, sell and transfer, unto

the said Edwin L. Wayman, the entire right, title and

interest in and to said Letters Patent and invention, the

same to be held and enjoyed by the said Edwin L. Way-

man, his heirs, executors, administrators and assigns, as

fully and completely as the same would have been held

and enjoyed by the said, STANDARD SANITARY Mra. Co. had

this sale and assignment not been made.

IN WITNESS WHEREOF, the STANDARD SANITARY MFG. Co.

has caused these presents to be signed by its Vice President

and attested by its Secretary, this fourth day of May, 1910.

STANDARD SANITARY MFG. CO.

By FRANCIS J. TORRANCE,

Vice President.

[Sran.] Standard Sanitary

Manufacturing Co., 1899.

Attest:

W. A. Myler.

Secretary.

Seirbiaia tn ie Shae

ors

SA:

Ser

GOV'T’S EX. 6—ASSIGNMENT ARROTT PATENT. 11

Allegheny County, ss.

Before me, a Notary Public for said County, personally

appeared Francis J. Torrance, known to me to be the Vice

President of the STANDARD SANrTaRY Mra. Co., and the

person who executed the foregoing instrument on behalf of

said Company, and acknowledged the same to be the act

and deed of said Company.

WiITNEss my hand and seal May 4th, 1910.

AGNES C. WAY

Notary Public.

My commission Expires January 16th, 1913.

DEPARTMENT OF THE INTERIOR.

UNITED STATES PATENT OFFICE.

(Patent Office

[Sean] United States

of America)

RECEIVED AND RecorDED on the 2nd day of June 1910,

in Liber X, 84, page 61, of Transfers of Patents.

IN TESTIMONY WHEREOF, I have caused the seal of the

Patent Office to be hereunto affixed.

E. B. Moore,

Commissioner of Patents.

EXD./E.H.G.

12 GOVERNMENT'S EXHIBIT 7.

PETITIONER’S EXHIBIT No. 7.

Filed Oct. 31, 1910.

Section—2— Minutes

Dated Feb. 5th, 1910.

Third Regular Meeting

of the Members of the

SANITARY ENAMELED WARE ASSOCIATION

Feb. 1st, 1910.

at Pittsburgh.

Present

Members Representatives

Blairsville Enameled Ware Co. 299 Broadway, N.Y. Mr. A. W. Shipman.

“ F, D. Cook

Barnes Mfg. Co. Mansfield, Ohio. “ 1. R. Barnes.

Clymer Mfg. Co. Indiana, Pa. “ W. A. Guthrie

Day-Ward Co. Warren, Ohio. “ A. G. Ward.

Humphryes Mfg. Co. Mansfield, O. “ H. D. Kenney

Iron City Sanitary Mfg. Co. Pittsburgh, Pa. “ J. A. Kelly

J. M. Kohler Sons Co. Sheboygan, Wis. ** W. J. Kohler

Mott Iron Works, The J. L. New York City. “ Ed. Hammann

McCrum-Howell Co. New York City. “ H. T. Gates

National Sanitary Mfg. Co. Salem, Ohio. « F. G. Borden

Standard Sanitarv Mfg. Co Pittsburgh, Pa. “ W. A. Myler

Union Sanitary Mfg. Co. Noblesville, Ind. “ C. E. Gates

U. S. Sanitary Mfg. Co. Pittsburgh, Pa. “ A. H. Cline, Jr.

Wolff Mfg. Co. Chicago, Ill. “ H. M. Hoelscher

Weiskittel & Son Co.

* a *

Baltimore, Md.

+ *

A. Weiskittel

The Commissioner called attention to a request from the

New York Jobbers that the Manufacturers meet their Com-

mittee to confer on the subject of Resale Prices and the

recognition only of Blue List Jobbers. It was the sense of

the Meeting that the Commissioner advise them to the effect

that the Manufacturers would be pleased to meet their Com-

mittee just as soon as their own plans on this subject were

in more complete form and that conside ‘able progress in

this direction had been made.

There being no further business, the Meeting adjourned.

GOV'T’S EX. S—PROPUSED LICENSE AGREEMENT. 13

PETITIONER'S EXHIBIT No. 8.

Filed Oct. 31 1910.

SAMPLE COPY OF PROPOSED FORM

LICENSE AGREEMENT.

THIS AGREEMENT, Made in duplicate this ....-------+

day Of .....ccccceccceees , 191.., between Edwin L. Way-

man, a resident of the City of Pittsburgh, State of Penn-

sylvania (hereinafter called the “Licensor” ), pavty of the

OE RPE GO oo os occ s cree ssn vescesaciceessesrersseee®

a corporation duly organized and existing under and by

virtue of the laws of the State of....--..-+-+++-+: (herein-

after called the “Licensee”), party of the second part.

WITNESSETH :

THAT WHEREAS, the said Wayman owns or controls or

has the right to grant licenses under certain Letters Patent

pertaining to the manufacture of Sanitary Lron Enameled

Ware, enumerated in “Schedule of Patents,” hereto an-

nexed, and

WHEREAS, the Licensee is desirous of acquiring a License

under said Letters Patent of the character and upon the

terms and conditions herein set forth;

Now, THEREFORE, for and in consideration of the cov-

enants of this agreement, the parties hereto agree as

follows :—

1. The Licensor hereby grants to the Licensee, subject

to the provisions hereinafter contained, a non-exclusive

License to practice in the manufacture of Sanitary Iron

Enameled Ware, the processes patented in said several Pat-

ents, to make and use in such manufacture the machines

and devices patented in said Patents and to use and sell

goods so made; the said License being non-assignable and

non-transferable except to successors to substantially the en-

tire good-will and business of the Licensee, and this License

shall be available for the Licensee and its successors only

so long as it or they have not, prior to the date hereof, been

engaged in the manufacture of Sanitary Iron Enameled

Ware.

CLAIMS. 2. The Licensor hereby agrees to suspend

his claims against the Licensee and its cus-

JR Bene

14 GOV'T'’S EX. S—PROPOSED LICENSE AGREEMENT.

ROYALTIES

tomers or patrons for damages or profits

which he may be entitled to receive for any

claims for any past infringement of said

patent by said Licensee, as long as said Li-

censee continues to perform all of its obliga-

tions under this contract.

3. So long as the Licensee operates under

this License or any renewal thereof and

keeps and performs all of the obligations of

said License herein contained, the Licensor

agrees not to bring action against said Licen-

see because of its use of any machines,

method or processes now or heretofore used

by said Licensee in the manufacture of enam-

eled ware, and to waive any and all claims

under any letters patent on any machines, de-

vices, or processes now in use by said Licen-

see, and to grant to said Licensee full use

and enjoyment thereof.

4. For the use of the various patents enu-

merated in “Schedule of Patents,” hereto

annexed, the Licensee shall pay on the fifth

day of each month a royalty amounting to

Five ($5.00) Dollars per day for each fur-

nace in operation during the preceding

month.

This payment shall be made to the Licen-

sor at his place of business in Pittsburgh,

Pa., by cash or other acceptable remittance,

and in determining the amount of this roy-

alty each and every one of the furnaces

owned by the Licensee shall be considered

as in operation each day, unless the said fur-

nace or furnaces shall be shut down for

more than a period of six (6) consecutive

working days. In case any of the furnaces

are thus shut down for more than six (6)

consecutive days, the Licensee shall be en-

titled to a diminution of his License pay-

ment at the rate of Five ($5.00) Dollars

per day for the number of days shut down.

In order to determine the amount of

GOV'T’S EX. 8—PROPOSED LICENSE AGREEMENT. 15

actual license payment, together with the

remittance hereinbefore provided for pay-

ment of royalty, the Licensee shall send to

the Licensor a sworn statement, which will

be duly verified under oath by some repre-

sentative of the Licensee, assignated by the

Licensor showing t!e number of furnaces

owned by the Licensee at the beginning of i

the month which the report is intended to ,

cover and the number of days which these ;

furnaces have been operating consistent with

the provisions of the foregoing Section of 2

this License.

PRS

PREFERENTIAL 5. This agreement is entered into with the

DISCOUNTS. understanding that the Licensee has the priv-

ilege of quoting to Jobbers only the follow-

ing additional discounts from the regular

selling prices to the Jobbers as established

by the Licensor. These additional discounts

when given shall appear on the invoices ren-

dered to the Jobber.

RR eS ee eS

6. All terms, conditions, regulations and

prices now established by the Licensor and

set. forth in schedules attached to and made

part hereof, shall be in force and effect until 4 —

other terms, conditions, regulations and *

prices are substituted therefor by the Licen-

sor, which substitution he is entitled to make

from time to time hereafter by notice in

writing to the Licensee. The Licensee cov- é

enants to adhere to and maintain such terms, é

conditions, regulations, prices and preferen- E

tial discounts as may be established by the

Licensor from time to time.

SEE STR ELPA ER PENN RE I

1 ROYALTY

REBATES.

Fee ee

16 GOV'T’S EX. 8—PROPOSED LICENSE AGREEMENT.

7. If at the end of the fourth month of the

first year (said year beginning....------ ),

it shall appear that the Licensee has during

the first month complied with all the terms

of this agreement, the Licensor shali return

the Licensee the following rebate from the

royalties paid for said License for said first

months’ royalties, to wit...... % of the

amount originally paid by the Licensee.

8. At the termination of each succeeding

month of the said License, if it shall appear

that the Licensee has fully complied with the

terms of this agreement during the second

preceding month, the Licensor shaall make a

similar rebate in respect of the royalties paid

by the Licensee during the second preceding

month.

9. In case of failure on the part of the

Licensee to comply fully with the terms of

this agreement during any month, the Licen-

sor may withhold any and all unpaid rebates

and declare the same forfeited (as herein-

after provided for) as penalty for said vio-

lation and shall at once notify the Licensee

to that effect.

Penalties shall be deducted from all un-

paid rebates as follows:

1. For violation of Price Regulations:

An amount equal to the selling value of

the shipment or shipments in question.

By words “Price Regulations,” hereinbe-

fore mentioned, is meant any rules or reg-

ulations which cover list or net prices at

which the goods covered by this License

may be sold, the preferential discounts and

the terms of sale.

2 In case of Forfeiture of License :

The entire amount of unpaid rebates.

RPT AEG PB AEROBIE OM LAH RN LB AIS BAP LR i CINE RER DDS NTIS a URS GAS RIDE Mesa

GOV'T’S EX. S—PROPOSED LICENSE AGREEMENT. 17

EXPORT.

VALIDITY OF

PATENTS.

PROTECTION

OF LICENSEE.

10. The restrictions herein contained as

to the prices at which Enameled Ware is

to be sold shall not apply to Enameled Ware

sold and exported to foreign countries.

11. The books of the Licensee shall be

open to inspection, at all reasonable times,

by the Licensor or by an accountant ap-

pointed by the Licensor.

12. The Licensee admits the validity of

said several Patents enumerated herein, for

the purpose of this agreement and license

only and it is further agreed that upon the

termination of this agreement and License

for any cause, the Licensee shall not be

estopped to deny the validity of the said

-atents or any of them. The Licensor agrees

that he will, upon the written request of at

least three-quarters in number of the Licen-

sees at any time holding Licenses similar

to this License, use all legal and equitable

means to protect the Licensee in the full

use and enjoyment of the rights under this

agreement and License from all non-licensed

parties using any of said machines, proc-

esses or devices, or from any sales infring-

ing said patents by customers or aty such

parties, either by suits or by bringing them

under a similar License. If, however, the

Licensor refuses to take such action against

such non-licensed parties, other customers,

or users of such non-licensed goods, for

ninety days after being requested so to do, as

before provided, this License shall be void-

able at the election of the Licensee commnu-

nicated in writing to the Licensor, and the

Licensee thereafter shall be released from all

obligations hereunder, and shall not here-

after be estopped to deny the validity of said

atents or any of them.

1 LABELS.

Pat. No.

633,941

924,491

949,625

939,918

533,062

838,702

541,068

34,976

684,797

33,465

540,235

GOV'T’S EX. 8—PROPOSED LICENSE AGREEMENT.

13. No goods manufactured under this

License shall be sold unless they bear a

registered label owned by the Licensee and

in addition thereto a License tag or label

approved by the Licensor which License tag

or label shall be placed in a visible position

on all goods made hereunder and sold by the

Licensee.

14. This agreement is binding upon the

parties hereto, and the successor and assigns

of each of them, and shall continue in force

for a period of.......- years from the date

hereof, unless previously terminated as here-

in provided.

15. This agreement, however, may be can-

celled by the Licensor by written notice upon

repeated breaches by the Licensee of any

of the covenants herein contained.

SCHEDULE OF PATENTS.

Date. Inventor Title.

Sept. 26, 1899 James Arrott Dredger for pulverent

material.

June 8, 1909 Charles B. Nesbit Dredger for Pulverent

material

Feb. 15, 1910 BE. Ditheridge Pneumatic Sieve

Nov. 9, 1909 William Lindsay Enameling Powder Dis-

tributor

Jan. 29, 1895 Herman M. Hoelscher Flushing Rim _ Slop

Sink

Dec. 18, 1906 Anthony A. Ficener Sink Attachment

June 18, 1895 John Clifford and

Peter Louis Sutter Bath Tub, etc.

Aug. 20,1901 Almon G. Ward and

George E. Day, Design for a bath tub

leg

Oct. 22, 1901 Almon G. Ward and

George E. Day Bath tub leg

Oct. 30,1900 John H. Gavin Design for a drain

board for Sinks.

June 4, 1895 John Clifford and

John H. Gavin

Multiple combined

wash bow! and slab

————————————————————e——————e

PS he ce Ot LA 2 ORI MA Wik Meals) OBES SAMSON Bie eT Coe AIA FO? GARI LA Socks enti OO tea LBs 3 09 ed

GOV'T’Ss EX. S—PROPOSED LICENSE AGREEMENT. 19

645,517 March 13, 1900 Christian A. Sievert, Enameling Table

645,393 March 13, 1900 Edward C. Hoelscher

and John Clifford Enameling Table or

Machine

684,888 Oct. 22,1901 Almon G. Ward Bath tub leg

942,380 Dec. 7, 1909 Geo. W. Franzheim Leg Fastening

945,457 Jan. 4, 1910 Thomas R. Barnes Sink Strainer

846,022 March 5, 1907 Thomas R. Barnes Concealed Hanger

IN WITNESS WHEREOF, the parties hereto have executed

these presents the day and year above written.

~ eee

20 GOV'T’S EX. 9—LICENSE AGREEMENT AS ADOPTED.

PETITIONER’S EXHIBIT No. 9.

Filed Oct. 31, 1910.

LICENSE AGREEMENT

THis AGREEMENT, Made in duplicate this ........ day

GE vcpecoccccegasas 191.., between Edwin L. Wayman, a

resident of the City of Pittsburgh, State of Pennsylvania

(hereinafter called the “Licensor™), party of the first part,

GME cccnvcccccesscccdsarveadeseoesctdncasecoancoosncoss ‘

a corporation duly organized and existing under and by vir-

tue of the laws of the State of. ...........66 6c eee eee eee

(hereinafter called the “Licensee” ), party of the second part.

WIHITNESSETH :

THAT WHEREAS, the said Wayman owns or controls or

has the right to grant licenses under certain Letters Patent

pertaining to the manufacture of Sanitary Enameled [ron

Ware, enumerated in “Schedule of Patents,” hereto annexed,

and

WHEREAS, The Licensee is desirous of acquiring a License

under said Letters Patent of the character and upon the

terms and conditions herein set forth;

Now, THERFORE, for and in consideration of the cove-

nants of this agreement, the parties hereto agree as

follows :—

1. The Licensor hereby grants to the Licensee, subject

to the provisions hereinafter contained, a non-exclusive Li-

cense to practice in the manufacture of Sanitary Enameled

Iron Ware, the processes patented in said several Patents,

to make and use in such manufacture the machines and

devices patented in said Patents and to use and sell goods

so made; the said License being non-assignable and non-

transferable except to successors to substantially the entire

good-will and business of the Licensee, and this License

shall be available for the Licensee and its suecessors only

so long as it or they have not, prior to the date hereof, been

engaged in the manufacture of Sanitary Enameled [ron

Ware.

CLAIMS. » The Licensor hereby agrees to suspend

his claims against the Licensee and its cus-

tomers or patrons for damages or profits

fi abi > - te + -2 3 = LS ee Tone Sages

GOV'T’S EX. 9—LICENSE AGREEMENT AS ADOPTED. 21

ROYALTIES.

which he may be entitled to receive for any

claims for any past infringement of said

Letters Patent by said Licensee, as long as

said Licensee continues to perform all of its

obligations under this contract.

3. So long as the Licensee operates under

this License or any renewal thereof and

keeps and performs all of the obligations of

said License herein contained, the Licensor

agrees not to bring action against said Li-

censee because of its use of any machines,

method or processes now or heretofore used

by said Licensee in the manufacture of enam-

eled ware, and to waive any and all claims

under any letters patent on any machines,

devices, or processes now in use by said Li-

censee, and to grant to said Licensee full

use and enjoyment thereof.

4. For the use of the various patents enu-

merated in “Schedule of Patents,” hereto

annexed, the Licensee shall pay on the fifth

day of each month a royalty amounting to

Five ($5.00) Dollars per day for each fur-

nace in operation during the preceding

month.

This payment shall be made to the Li-

censor at his place of business in Pittsburgh,

Pa., by cash or other acceptable remittance,

and in determining the amount of this roy-

alty each and every one of the furnaces

owned by the Licensee shall be considered

as in operation each day, unless the said fur-

nace or furnaces shall be shut down for more

than a period of six (6) consecutive working

days. In case any of the furnaces are thus

shut down for more than six (6) consecu-

tive working days, the Licensee shall be

entitled to a diminution of his License pay-

ment at the rate of Five ($5.00) Dollars

per working day for the number of days

shut down,

In order to determine the amount of

29 ~=—s gov’T’S EX. 9—LICENSE AGREEMENT AS ADOPTED.

PREFERENTIAL

DISCOUNTS.

actual license payment, together with the re-

mittance hereinbefore provided for payment

of royalty, the Licensee shall send to the

Licensor a sworn statement, which will be

duly verified under oath by some representa-

tive of the Licensee, designated by the Li-

censor showing the number of furnaces owned

by the Licensee at the beginning of the month

which the report is intended to cover and

the number of days which such furnaces

have been operating consistent with the pro-

visions of the foregoing Section of this

License.

5. This agreement is entered into with the

understanding that the Licensee has the

privilege of quoting to Jobbers only the fol-

lowing additional discounts from the regu-

lar selling prices to the Jobbers as estab-

lished by the Licensor. These additional dis-

counts when given shall appear on the in-

voices rendered to the Jobber.

Discounts.

Schedule No.1. 5 year guaranteed

Baths and Receptors ......

Schedule No.2. 2 year guaranteed

BRO Soke ciniecase Chaves

Schedule No. 3. All other Grades of

Bathe .......ccceee cenees

Schedule No. 4. Small Wares Lava-

tories, C€C.......56 ceceees

Exceptions :

Lavatories, similar

to Plate Nos. (Stand-

ard) P-558, 559, 561

GE GS cae ei ie tt Vere

oe won

‘

oa spemvelinhen ie . A 1 10 BDA LE

GOV’T’S EX. 9—LICENSE AGREEMENT AS ADOPTED. 23

PRICES.

Schedule No. 43. Roll Rim Sinks,

Slop Sinks, Sink

Backs and Ends,

Drain Boards, Fae-

tory and Wash Sinks,

Urinals and Urinal

Ranges, Closet Bowls

and Closet Ranges,

Hoppers, Hopper and

Trap Combinations,

Hopper Trays and

Laundry Trays .... ......

Schedule No.5. Sinks, Flat Rim

Square and Round-

cornered, Kitchen,

Half-Circle and Flat

Rim Sink Combina-

Ss ck tee isd eek kl aes

Schedule No. 6. Closet Tanks, High

and Low Pattern... ......

6. The Licensor agrees that he will em-

ploy a commission of six (6) persons, of

which he is to be one and to act as Chair-

man thereof, five of whom shall be desig-

nated by a majority of the parties holding

Licenses similar to this License, which Com-

mission shall have supervision of all the

relations and transactions between the par-

ties hereto under this agreement, but it is

understood that where a member of said Com-

mission, or his Company, shall be directly

interested in any question of a violation of

the License to be decided by the said Com-

mission, said member shall be disqualified

and a temporary member shall be appointed

in his place by the remaining members of the

(Commission.

All terms and conditions relative to prices

and discounts now established by the Li-

censor and set forth in the annexed sehed-

ules and made a part hereof, shall remain

24 GOV'T’S EX. 9—LICENSE AGREEMENT AS ADOPTED.

ROYALTY

REBATES.

in force and effect until other terms, condi-

tions and preferential discounts are substi-

tuted therefor by the Licensor, which sub-

stitution can only be made by him with

the approval of a majority of the members

of the Commission, hereinbefore prescribed.

Notice of such changes and substitutions

shall be given from time to time in writing

by the Licensor to the Licensees. The Li-

censee covenants to adhere to and maintain

such terms, conditions, regulations and

preferential discounts as may be established

by the Licensor from time to time, and the

Licensee further agrees to sell no “Seconds”

or “Bs” covered by Schedules 4, 4/2, 5 and 6.

7. If at the end of the fourth month of

the first year (said year beginning June Ist,

1910) it shall appear that the Licensee has

during the first month complied with alt

the terms of this agreement, the Licensor

shall return the Licensee the following re-

bate from the royalties paid for said Li-

cense for said first mouth'’s royalties, to wit:

s0Y% of the amount originally paid by the

Licensee.

8. At the termination of each succeed-

ing month of the said License, if it shall

appear that the Licensee has fully complied

with the terms of this agreement during the

second preceding month, the Licensor shall

make a similar rebate in respect to the roy-

alties paid by the Licensee during the sec-

ond preceding month.

9, In ease of failure on the part of the

Licensee to comply in any particular with

the terms of this agreement during any

month, the Licensor may withhold any and

all unpaid rebates and declare the same

forfeited as penalty for such violation and

shall at once notify the Licensee to that

effect.

GOV'T’S EX. 9—LICENSE AGREEMENT AS ADOPTED. 25

EXPORT.

VALIDITY OF

PATENTS.

10. The restrictions herein contained as

to the prices at which Sanitary Enameled

Iron Ware is to be sold shall not apply to

Sanitary Enameled Iron Ware also and ex-

ported to foreign countries. Such sales

must be proved bona fide to the Licensor.

11. The books of the Licensee shall be

open to inspection, at all reasonable times,

by the Licensor, by an accountant appointed

by the Licensor, not associated in any man-

ner with any of the Licensees or Jobbers.

12. The Licensee admits the validity of

said several Patents enumerated herein, for

the purpose of this agreement and license

only, and it is further agreed that upon the

termination of this agreement and License

for any cause, the Licensee shall not be

estopped to deny the validity of the said

Patents or any of them. The Licensor agrees

that he will, upon the written request of at

least three-quarters in number of the Licen-

sees at any time holding licenses similar to

this license, use all legal and equitable

means to protect the Licensee in the full use

and enjoyment of the rights under this agree-

ment and License from all non-licensed par-

ties using any of said machines, processes

or devices, or from any sales infringing said

patents by customers or any such parties,

either by suits or by bringing them under

a similar License. If, however, the Licensor

refuses to take such action against such

non-licensed parties, other customers, or

users Of such non-licensed goods, for ninety

days after being requested so to do, as be-

fore provided, this License shall be voidable

at the election of the Licensee communicated

in writing to the Licensor, and the Licensee

thereafter shall be released from all obliga-

tions hereunder, and shall not hereafter be

estopped to deny the validity of said Patents

or any of them.

26 GOV’T’S EX. 9—LICENSE AGREEMENT AS ADOPTED.

LABELS.

Pat. No.

633,941

949,625

939,918

Feb.

Nov.

13. No goods manufactured under this Li-

cense shall be sold unless they bear a reg-

istered label (except where otherwise speci-

fied) owned by the Licensee and in addition

thereto a License tag or label approved by

the Licensor, which License tag or label shall

be placed in a visible position on all goods

made hereunder and sold by the Licensee.

14. This agreement is binding upon the

parties hereto, and the successor and assigns

of each of them, and shall continue in force

for a period of two years from the date here-

of, unless previously terminated as herein

provided.

15. This agreement, however, may be can-

celled by the Licensor by written notice upon

repeated breaches by the Licensee of any of

the covenants herein contained.

Ix WIrNEss WHEREOF, the parties hereto

have executed these presents the day and

year above written.

SCHEDULE OF PATENTS.

Date Inventor Title

Sept. 26, 1899 James Arrott Dredger for pulverulent

material

15, 1910 E. Ditheridge Pneumatic Sieve

9, 1909 William Lindsay Enameling Powder Dis-

tributor

GOV'T’S EX. 10—PROPOSED JOBBER'S LICENSE AGREEMENT. 27

PETITIONER'S EXHIBIT No. 10.

Filed Oct. 31, 1910.

SAMPLE COPY OF PROPOSED FORM

JOBBER’S AGREEMENT.

THIS AGREEMENT, Made this...... deal PORTE CELE Ee

Bde UD GN nc cce ccc cen cinvcéecsaccesss a corpora-

tion (hereinafter called the Company) and........ eesbaces

Lthennwecundd ed = < Servi...

called the (Purchaser) ;

WITNESSETH: Whereas the Company is licensed under

certain United States Letters Patent relating to Sanitary

Enameled Ware and processes and apparatus used in the

manufacture thereof, which said Letters Patent are enu-

merated as follows:

SCHEDULE OF PATENTS.

Pat. No. Date Inventor Title.

633,941 Sept. 26, 1899 James Arrott Dredger for pulverent

material

924,491 June 8, 1909 Charles B. Nesbit Dredger for pulverent

material

949,625 Feb. 15,1910 E. Ditheridge Pneumatic Sieve

939,918 Nov. 9, 1909 William Lindsay Enameling Powder Dis-

tributor

533,062 Jan. 29, 1895 HermanM.Hoelscher flushing Rim _ Slop

Sink

838,702 Dec. 18, 1906 Anthony A. Ficener Sink attachment

541,068 June 18, 1895 John Clifford and

Peter Louis Sutter Bath Tub, etc.

34,976 Aug. 20, 1901 Almon G. Ward and

George E. Day, Design for a bath tub

leg

684,798 Oct. 22, 1901 Almon G. Ward and

George E. Day Bath tub leg

33,465 Oct. 30, 1900 John H. Gavin Design for a _ drain

board for Sinks

540,235 June 4, 1895 John Clifford and

John H. Gavin Multiple combined

wash bowl and slab

645,517 March 13, 1900 Christian A. Sievert Enameling Table

645,393 March 13, 1900 Edward C. Hoelscher

and John Clifford Enameling Table or

Machine

684,888 Oct. 22, 1901 Almon G. Ward Bath tub leg

942,380 Dee. 7, 1909 Geo. W. Franzheim Leg festening

945,457 Jan. 4, 1910 Thomas R. Barnes Sink Strainer

846,022 March 5, 1997 Thomas R. Barnes Concealed Hanger

28 Gov'r’s EX. 10—PROPOSED JOBBER’S LICENSE AGREEMENT.

ANp WHEREAS, the Purchaser desires to purchase from

the Company Sanitary Enameled Ware embodying or made

in accordance with said inventions, and to obtain licenses

to sell such Ware to others, and the Company is willing to

sell Sanitary Enameled Ware to the Purchaser, and to

license them for resale on the following terms and condi-

tions:

Now, THEREFORE:

1. The Company agrees to sell and the Purchaser agrees

to buy for a period of time ending June 30th, 1910,........

a Ae areca eae Sanitary Enameled Ware at the following dis-

counts from the prices given in the various Schedules:

(Insert Label.)

Discounts from resale

prices Established by

Schedule Articles the Licensor.

1. 5 year guaranteed baths....... 10%

2. 2 year guaranteed baths....... 10%

3. All other grades of baths...... a%

4. Small Ware-Lavatories, ete., and

Rolled Rim Sinks........... 10%

>. Flat Rim Sinks....... Lewets ve 5%

6. Competitive Lavatories ....... ; 5%

TrerMs: Net 60 days or 2% for cash 10 days.

DELIVERIES.

» (Goods will be sold to the Purchaser, F. O. B. Cars

where factory is located, at the prices given in the Resale

Sheets for the various zones (subject to the Discounts and

Rebates named) with full freight allowed on shipments of

200 pounds and over to the list of cities named in the vari-

ous zones. To other points than those named, delivery can

be made only on the basis of your being charged and paying

freight from the nearest city named.

Goods shall be re-sold by the Purchaser at prices estab-

lished and prevailing in the various zones into whieh the

woods are shipped, regardless of the point of purchase.

Purchaser will be allowed ear load prices in any quantity

on shipments to the manufacturing and jobbing points spe-

cified. On shipments to jobbing points, other than manu-

pret a

GOV'T’S EX. 10—PROPUSED JOBBER'S LICENSE AGREEMENT. 29

facturing points, car load or less car load prices will apply

according to quantity, as established in the Price Sheets.

GENERAL CONDITIONS.

3. Prices or other regulations are effective the morning

of the date appearing on the sheet.

4. The ware covered by the Price Sheets shall be in-

voiced by individual items, and it is not permissible to

bill collectively several articles in a “Lump Sum.”

5. The various conditions respecting “Guarantee” under

which the ware is purchased by the jobber, shall not be

varied in the resale to the plumber.

6. The restrictions herein contained as to the prices at

which Enameled Ware is to be purchased and sold, shall

not apply to Enameled Ware sold and exported to Foreign

Countries.

REBATES.

7. If your purchases of material, less returned goods,

covered by the various Schedules from the following Manu-

facturers licensed under the patents enumerated herein-

before :—

Blairsville Enameled Ware Co. Blairsville, Pa.

Barnes Manufacturing Company, The Mansfield, O.

Cahill Iron Works, The

Clymer Mfg. Co.

Colwell Lead Co.

Day-Ward Co., The

Humphreys Mfg. Co., The

Iron City Sanitary Mfg. Co.

Kohler Sons Co., J. M.

Mott Iron Works, The J. L.

McVay & Walker

McCrum-Howell Co.

National Sanitary Mfg. Co.

Standard Sanitary Mfg. Co.

Union Sanitary Mfg. Co.

U.S. Sanitary Mfg. Co.

Wolff Mfg. Co., L.

Weiskittel & Son, A.

Wheeling Enameled Iron Co.

Chattanooga, Tenn.

Indiana, Pa.

New York

Warren, O.

Mansfield, ©.

Pittsburgh, Pa.

Sheboygan, Wis.

New York City

Braddock, Pa. 4

New York City

Salem, O.

Pittsburgh, Pa.

Noblesville, Ind.

Pittsburgh, Pa.

Chicago, Ill.

Baltimore, Md.

Wheeling, W. Va.

30 «Gov't’s EX. 10—PROPOSED JOBBER'S LICENSE AGREEMENT.

have aggregated sums as follows and if all the conditions of

this agreement have been complied with, we will pay you

rebates set on such purchases as you have made from us,

as follows:

NT SOS fy

Se ee .. 10%

3 ae ...10 and 214%

Rebates are payable only at the expiration of the period

ending June 30th, 1910, and after claims have been approved

by E. L. Wayman, Licensor, 1509 Arrott Building, Pitts-

burgh, Pa.

Written application for rebate must be made at the close

of the rebate period to E. L. Wayman, Licensor, upon stand-

ard forms, which may be obtained from him for that pur-

pose. Unless claim for rebate is presented within 30 days

after the expiration of this agreement, the right to refuse

to allow such rebate is reserved by the Licensor named

above.

8. The Purchaser understands that the re-sale prices of

all ware manufactured under the Letters Patent enumer-

ated herein, as established from time to time by the Com-

pany, must be maintained by all Licensed Sanitary Enam-

eled Ware Manufacturers and by all Jobbers and Dealers.

The purchaser therefore agrees that he will observe and

strictly maintain on all types and classes of ware the selling

prices as they are set forth in the schedules, and will observe

and strictly adhere to the rules and regulations as embodied

in the Price Sheets and furnished as a part of this agree-

ment, or as they may be embodied in the Price Sheets issued

hereafter and substituted by or under the authority of the

Licensor (E. L. Wayman) in place of those furnished here-

with. Articles may be added to or removed from the sched-

ules at any time; but in the event of such removal, the pur-

chases to date of such removal will be considered as part

of the amount on which rebate is estimated.

9. The Purchaser also agrees during the life of this con-

tract not to purchase, sell, advertise, solicit orders for, or

in any way handle or deal in Sanitary Enameled Ware of

any manufacturer not licensed under the Letters Patent enu-

merated herein, except with the express written permission

ee ee

GOV'T’S EX. 10—PROPUSED JOBBER'S LICENSE AGREEMENT. 31

of the Licensor. Breach of any of the provisions of this agree-

ment, or any failure to maintain and observe prices, rules

or regulations shall give the Company the option imme-

diately to cancel this contract and to withhold all rebates;

and the Purchaser is hereby expressly put on notice that

in case of any such failure he can thereafter obtain San-

itary Enameled Ware manufactured under the Letters Pat-

ent above enumerated only at re-sale prices, without any

discount or rebate whatever.

10. As an added consideration for this agreement where-

by the Purchaser is to be sold goods manufactured under

the patents hereinbefore named, the said Purchaser hereby

agrees that as to all goods, wares and merchandise, which

are manufactured under and in accordance with the patents

hereinbefore named, he will only resell such goods now on

hand, or already purchased by him, in accordance with the

rules, terms, conditions, prices and regulations of sale which

are herein established, or which may hereafter be established

in accordance with the terms of this agreement, as specially

set forth in paragraph 8 hereof.

11. This agreement does not become binding on the Com-

pany until accepted in writing at the foot hereof by the

Sales Manager or his duly authorized representative located

in the main sales office of the Company.

eoeeerteeeeeeeeeee eee eee eeeeeeeens

ee Gee. cannes aenwseden'secasws (Purchaser )

day of 19

39 gov'r’s EX. 11—-JOBBER'S LICENSE AGREEMENT AS ADOPTED.

PETITIONER’S EXHIBIT No. 11.

Filed Oct. 31, 1910.

Nore.—This contract must be executed by the Purchaser in

order to purchase Licensed Sanitary Enameled Lron

Ware.

JOBBERS LICENSE AGREEMENT

EN Oe cle bide Gia e TRS SS Or ee AR RS Se A SOE Se aT Te eae

Purchaser).

WITNESSETH: Whereas the Company is licensed under

certain United States Letters Patent relating to Sanitary

Enameled Ware and processes and apparatus used in the

manufacture thereof, which said Letters Patent are enumer-

ated as follows:

SCHEDULE OF PATENTS

Pat. No. Date Inventor Title

633,941 Sept. 26th, 1899 James Arrott Dredger for Pulveru-

lent Material.

949,625 Feb. 15th, 1910 E. Ditheridge Pneumatic Sieve.

939,918 Nov. 9th, 1909 William Lindsay Enameling Powder Dis-

tributor.

AND WHEREAS, the Purchaser desires to purchase from

the Company Sanitary Enameled Iron Ware embodying or

made in accordance with said inventions, and to obtain

licenses to sell such ware to others, and the Company is will-

ing to sell Sanitary Enameled Iron Ware to the Purchaser,

and to license it for resale on the following terms and

conditions:

Now, THEREFORE:

1. The Company agrees to sell and the Purchaser agrees

to buy for a period of time beginning June Ist, 1910, and

ending December 31st, 1910,....----++++++ Sanitary Enam-

(Insert label)

eled Iron Ware at the following discounts from the prices

given in the various Schedules :

2 Oe -

GOV'T’S EX. 11—JOBBER'S LICENSE AGREEMENT AS ADOPTED. 33

DISCOUNTS AND TERMS

Articles Discounts from Resale

Prices Established by

the Licensor.

(To be allowed on in-

voices by the Manu-

facturer)

Schedule No. 1—5 year Guaranteed Baths, Foot,

Pool, Sitz and Child's, and

er rr pre 14%

Schedule No. 2—2 year Guaranteed Baths..... 5 %

Schedule No. 3—All other Grades of Baths.... 5 % ss

Schedule No. 4—Small Wares, Drinking Foun-

tains, Lavatories, etc....... Th$%

Exceptions: Lavatories, sim-

ilar to Plates (Standard)

P-558, 559, 561 and 562..... 5 %

Schedule No. 45—-Roll Rim Sinks and Combina-

tions, Slop Sinks, Sink Backs

and Ends, Drain Boards, Fac-

tory and Wash Sinks, Sink

and Tray Combinations,

Laundry Trays, Closet Bowls

WU TIMID 5 sen ddnesess

Schedule No. 5—Flat Rim Sinks and Combina-

tions, Square and Round

Corner Kitchen, Haif Circle,

Corner, Slop Sinks, Slop Hop-

pers, Wash Bowls, Trap

Standards and Grease Traps

Schedule No. 6—Tanks, Closet and Urinal, High

and Low Pattern.......... Dd %

TERMS: Net 60 days or 2% for cash 10th of month fol-

lowing shipment.

1 |

DELIVERIES

2. Goods will be sold to the Purchaser, F. O. B. Cars

where factory is located, at the prices given in the Resale

Sheets for the various zones (subject to the Discounts and

Rebates named) with full freight allowed on shipments of

36 Gov'T’s EX. 11—JOBBER'S LICENSE AGREEMENT AS ADOPTED.

Union Sanitary Mfg. Co...........+-- Noblesville, Ind.

United States Sanitary Mfg. Co....... Pittsburgh, Pa.

Wolff Mfg. Co., L... 2.6... eee eee eees Chicago, Hl.

Weiskittel & Son Co., A... ....6.6-6- Baltimore, Md.

Wheeling Enameled [ron Co.......... Wheeling, W. Va.

have aggregated sums as follows and if all the conditions of

this agreement have been complied with, the Company will

pay the Purchaser rebates on such purchases as they have

made from the Company during the period ending December

31st, 1910, as follows,

EEE DRE ee TEE 21%4%

yn SEEN TE ESOS Hee : %

IR aU er 31%

ERR AS Sire: 4 %

i ee TU ILCGES aegis 5 %

Rebates are payable only at the expiration of the period

ending December 31st, 1910, and after claims have been

approved by E. L. Wayman, Licensor, Arrott Building,

Pittsburgh, Pa.

Written application for rebate must be made at the close

of the rebate period to E. L. Wayman, Licensor, upon

standard forms, which may be obtained from him for that

purpose. Unless claim for rebate is presented within 30

days after the expiration of this agreement, the right to re-

fuse to allow such rebate is reserved by the Licensor named

above.

If at the expiration of this contract, a similar contract

is made between the parties hereto and the purchases under

each contract are sufficiently large so that the aggregate of

the purchases under both contracts are double the amounts

named above, then the Compaany will pay the percentage

rebate named above on the entire amount of such purchases

under both contracts, but it shall not be permissible to aggre-

gate purchases made under more than two successive con-

tracts to obtain any greater rebate than may be payable un-

der the last of such two successive contracts.

9. The Purchaser understands that the re-sale prices of

all ware manufactured under the Letters Patent enumerated

herein, as established from time to time by the Company,

must be maintained by all Licensed Sanitary Enameled Iron

Ware Manufacturers and by all Jobbers and Dealers and

GOV'T’S EX. 11—.JOBBER'S LICENSE AGREEMENT AS ADOPTED. 37

that sales by one Jobber to another cannot be made at any

better prices than established in the sheets. The Purchaser

therefore agrees that he will observe and strictly maintain

on all types and classes of ware the selling prices as they

are set forth in the schedules, and will observe and strictly

adhere to the rules and regulations as embodied in the Price

Sheets and furnished as a part of this agreement, or as they

may be embodied in the Price Sheets issued hereafter and

substituted by or under the authority of the Licensor (E. L.

Wayman) in place of those furnished herewith. Articles

may be added to or removed from the schedules at any time;

but in the event of such removal, the purchases to date of

such removal will be considered as part of the amount on

which rebate is estimated.

10. The Purchaser also agrees during the life of this con-

tract not to purchase, sell, advertise, solicit orders for, or

in any way handle or deal in Sanitary Enameled Iron Ware

of any manufacturer not licensed under the Letters Patent

enumerated herein, except with the express written permis-

sion of the Licensor. Breach of any of the provisions of this

agreement, or any failure to maintain and observe prices,

rules or regulations shall give the Company, or E. L. Way-

man, owner of the Patents hereinbefore enumerated, an op-

tion immediately to cancel this contract, all unfilled orders

and to withhold all rebates; and the Purchaser is hereby

expressly put on notice that in case of any such failure, he

can not thereafter obtain Sanitary Enameled Iron Ware

manufactured under the Letters Patent above enumerated

from any of the Licensed Manufacture es.

11. As an added consideration for this agreement whereby

the Purchaser is to be sold goods manufactured under the

patents hereinbefore named, the Purchaser hereby agrees

that as to all goods, wares and merchandise, which are map-

ufactured under and in accordance with the patents herein-

before named, the Purchaser will only resell such goods now

on hand, or already purchased by him, irrespective of by

whom such goods have been manufactured, in accordance

with the rules, terms, conditions, prices and regulations of

sale which are herein established, or which may hereafter

be established in accordance with the terms of this agree-

ment, as specially set forth in paragraph 9 hereof.

88 Gov’T’s EX. 11—JOBBER’S LICENSE AGREEMENT AS ADOPTED.

12. This agreement does not become binding on the Com-

pany until accepted in writing at the foot hereof by the

Sales Manager or his duly authorized representative located

in the main sales office of the Company

CESSES BER SECPEC HCO OCCC CEC AVA ESSE AGS

Preerrerc rrr Ties. (Purchaser )

This statement must be signed by both Manufacturer and

Jobber, detached and filed promptly with E. L. Way-

man, Arrott Building, Pittsburgh, Pa.

i ere ee reer 191..

E. L. WAYMAN, Licensor,

Arrott Building,

Pittsburgh, Pa.

This is to certify that a “Jobber’s License Agreement”

Purchase Contract has been exeented between

SG aTRESERONESTAEORENED ( Manufacturer )

SE iv cckunh onde ou ees caeneens ( Jobber )

(City and State). ..... cece eee eee ee ees

at the following Discounts (subject to the established re-

bates) from the Resale Prices established by you or that may

be established by you during the period ending December

31st, 1910.

ft - Rgniiaas 0

GOV’T’S EX. 11—JORBER’S LICENSE AGREEMENT AS ADOPTED. 39

DISCOUNTS

Schedule No. 1 —5 year Guaranteed Bath, Foot,

Pool, Sitz and Child’s and Re-

WEF sae cckeetravbdvanes Kduw es ce

Schedule No. 2 —2 year Guaranteed Baths..... ........

Schedule No. 3 —All other Grades of Baths.... ........

Schedule No. 4 —Small Wares, Drinking Foun-

tains, Lavatories, ete........ ........

Exceptions: Lavatories, simi-

lar to Plates (Standard)

P-558, 559, 561 and 562...... 2.2.2...

Schedule No. 44—Roll Rim Sinks and Combina-

tions, Slop Sinks, Sink Backs

and Ends, Drain Boards, Fac-

tory and Wash Sinks, Sink

and Tray Combinations, Laun-

dry Trays, Closet Bowls and

i CE ene Waten abebaess

Schedule No. 5 —Flat Rim Sinks and Combina-

tions, Square and Round Cor-

ner Kitchen, Half Circle, Cor-

ner, Slop Sinks, Slop Hoppers,

Wash Bowls, Trap Standards

and Grease Traps.......... ........

Schedule No. 6—Tanks, Closet and Urinal, High

WG FW RIO, oc ccc ve ckes oxackxne

Signed:

FAKES RAEHAE Be eR eee see w ey ( Manufacturer)

Dl 4505.5 xdacd ah eetkeiwesees

eo ade <h a's RWS ERY ORE ( Jobber )

BD: shinee ctutcnatcrnawad bes

40 Gov’T’s EX. 12—LETTER FROM WAYMAN, FEB. 7, 1910.

PETITIONER’S EXHIBIT No. 12.

Filed Oct. 31, 1910.

Feb. 7, 1910.

Walter J. Kohler, Pres.,

J. M. Kohler Sons Co.,

Sheboygan, Wis.

Dear Sir:

Referring to the informal discussion that took place

after the Regular Meeting regarding Resale Prices and

License Arrangement.

Have you any patents that you would be willing to assign

along with those owned by the other Companies, for the

purpose of this arrangement? If such is the case will you

kindly send me the following information as quickly as

possible.

Nehedule of Patents.

Pat. Number Date. Inventor Title.

Applications—not issued

Docket Number Serial Number Title

In order to get a preliminary statement of each Manu-

facturer’s ideas, will you kindly write me regarding the

following:

1. Using the Standard Sanitary Mfg. Co.'s published

prices as a basis, what differential, if any, do you

believe your Company would require in order to

obtain its fair share of the business?

Preferential Discount

Schedule 1. First Grade 5 year

(inaranteed Baths

= 2. All other Grades

of Baths.

Small Ware—Lavatories, ete.

(Note: On what competitive types of lava-

tories do you feel you could get the same

price as the Standard. )

= 4. Sinks—F*.R. and R.R.

GOV’T’S EX. 12—LETTER FROM WAYMAN, FEB. 7, 1910. 41

2. How many active furnaces do you anticipate operat-

ing the balance of the year? This information is

necessary in order to figure out the total amount of

royalty.

Thanking you in advance for this information

promptly as possible, I am,

E. L. WAYMAN.

42 Gov’t’s EX. 13-28—MANUFACTURER’S LICENSE AGREEMENT.

PETITIONER’S EXHIBITS Nos. 13 to 28.

Petitioner's Exhibits Nos. 13 to 28 are the sixteen li-

cense agreements entered into with Edwin L. Wayman by the

corporation defendants,

Thirteen of the corporation defendants entered into these

agreements on May 6, 1910, to wit:

Exhibit No.

The Barnes Manufacturing Co......... 13,

The Day-Ward Company............... 16,

The Humphreys Manufacturing Co...... 17,

Kerner Manufacturing Co.........-..-. 18,

McVay & Walker.......ccccccsccccecee 20,

The McCrum-Howell Co.............06. 21,

The National Sanitary Manufacturing Co. 22,

Standard Sanitary Manufacturing Co.. 23,

Union Sanitary Mfg. Co............... 24

U. 8. Sanitary Mfg. Co.........cecevee. 25

A. Weiakittel & Bom Co... ...-.ccccccces 26

Wheeling Enameled [ron Co........ ney 27

L, Wel Mfg OO. 266i cccccscuccccree 28

The other three entered into the agreements on the fol-

lowing dates:

Exhibit No.

The J. L. Mott Iron Works, May 5, 1910. . 19

j Colwell Lead Co., May 25, 1910......... 14

The Cahill Lron Works, July 6, 1910.... 15

These sixteen agreements are not copied in the record for

the reason that each of them is identical with Petitioner's

Exhibit No. 9 (supra, p. 20), except for certain preferential

discounts which are written into paragraph 5 of the license

agreement. These discounts are the preferential discounts

which were allowed to the smaller concerns. Where no

preferential discounts are allowed the word “none” appears

under the column headed “discounts.”

The preferential discounts shown on these several ex-

hibits are as follows:

GOV’T’S EX. 13-28—MANUFACTURER’S LICENSE AGREEMENT. 43

. The Barnes Mfg. Co.

. Colwell Lead Co.

. The Cahill Iron Works

. The Day Ward Co.

. The Humphryes Mfg. Co.

. Kerner Mfg. Co.

. J. L. Mott Iron Works

. MeVay & Walker

. The McCrum-Howell Co.

Exhibit 13

Schedule 1

Exceptions

am w

Exceptions

None

2%%

None

2%%

None

24%

None

2%%

None

2%%

None

2%%

None

2%%

None

2%%

None

2%%

None

21%%

None

216%

None

2%%

None

214%

None

44 Gov’r’s EX. 13-28—-MANUFACTURER’S LICENSE AGREEMENT.

10. The Nat’l. Sanitary Mfg. Co. Exhibit 22 Schedule 1 5%

“ 2 2%%

- 3 None

a“ 4 2%%

Exceptions None

5 4% 2%2%

3 5 None

*5 6 None

11. Standard Sanitary Mfg. Co. es 23 None

12. Union Sanitary Mfg. Co. 24 = 1 5%

oa 2 None

7: 3 None

bs 4 2%%

Exceptions None

‘a 4% 2%%

o 5 None

a 6 None

13. U. S. Sanitary Mfg. Co. ' 25 None

14. A. Weiskittel & Son Co. = 26 1 56%

cs 2 2%%

fy 3 None

4 24%%

Exceptions None

ee 4% 242%

v7 5 None

x 6 None

15. Wheeling Enameled Iron Co. Vs 27 >, 1 5%

ig 2 2%%

" 3 None

i 4 2%%

Exceptions None

as 4% 2%2%

~ 5 None

Fa 6 None

16. L. Wolff Manufacturing Co. ct 28 None.

Each of the agreements is signed by Edwin L. Wayman

and also as follows:

Exhibit 13. “The Barnes Mfg. Co.,

by T. R. Barnes, Sety. & Gen. Mgr.”

Exhibit 14. “Colwell Lead Co.,

by J. T. Duryea, President.”

oxhibit 14. “The Cahill Iron Works,

by Frank H. Caldwell, Prest.”

Exhibit 16. “The Day Ward Co.,

by A. G. Ward, V. P.”

BAUBtas

GOV’T’S EX. 13-283—MANUFACTURER'S LICENSE AGREEMENT.

Exhibit

Exhibit <

Exhibit

jis

“The Humphryes Mfg. Co.

by Reid Carpenter, Sec. & Treas.”

“Kerner Mfg. Co.,

A. M. Frauenheim, Treas.”

“The J. L. Mott Iron Works,

Max Goebel, Secretary.”

“McVay & Walker,

per A. C. Walker.”

“The McCrum-Howell Co.,

by Howard T. Gates, Secretary.”

“National Sanitary Mfg. Co.

F. G. Borden, Pres.”

“Standard Sanitary Manfg. Co.

By Theo. Ahrens, President.”

“Union Sanitary Mfg. Co.,

By L. C. Huesmann, Pres.”

“United States Sanitary Mfg. Co.

By C. H. Arrott, prest.

A. H. Cline, Jr., Sec’y.”

“A. Weiskittel & Son Co.,

Anton Weiskittel, Pres.”

“Wheeling Enameled Iron Co.

By J. E. Wright, Prest.”

“LL. Wolff Mfg. Co.

H. M. Hoelscher, Sec’y.”

46 GOV'T’S EX. Z9Y—ADMISSIONS OF DEFENDANTS.

PETITIONER’S EXHIBIT No. 29.

Filed Noy. 1, 1910.

IN THE UNITED STATES CIRCUIT COURT

District OF MARYLAND.

No.

UNITED STATES OF AMERICA, PETITIONER,

vs.

STANDARD SANITARY MANUFACTURING

COMPANY AND OTHERS, DEFENDANTS.

Statements and Admissions of Defendants.

In order to expedite the hearing of this cause, we assent

and agree that as against us respectively for the purposes

of this cause only and to no other purpose, but subject to

objections for irrelevancy, the statements and admissions

hereinafter contained may be taken and deemed true, and

that this statement shall be made a part of the record.

WE ADMIT:

1. As to the allegations of Division 1, that the several

corporation defendants are incorporated under the laws of

the several states of the United States as stated in said

Division 1, and with principal offices located at the places

stated therein, except that The Humphryes Manufacturing

Company's name is wrongly spelled.

2. The individual defendants are respectivel? officers of

the several corporations defendant as follows:

Theodore Ahrens, Francis J. Torrance, Eb. L. Dawes, and

W. A. Myler are president, first vice-president, second vice-

president, and treasurer, respectively, of the Standard Sani-

tary Manufacturing Company.

Anton Weiskittei and John D. Heise are president and

secretary, respectively, of A. Weiskittel & Son Company,

and reside in the City of Baltmore, Maryland.

C. H. Voegele and T. R. Barnes are, respectively, presi-

GOV'T’S EX. 29—ADMISSIONS OF DEFENDANTS. 47

dent and secretary of The Barnes Manufacturing Company.

I’. H. Caldwell and J. J. Mahoney are, respectively presi-

dent and vice-president of The Cahill Iron Works.

Jesse T. Duryea and Bert ©. Tilden are, respectively,

president and secretary of the Colwell Lead Company.

W. ©. Winfield and A. G. Ward are, respectively, presi-

dent and vice-president of the Day-Ward Company.

S. N. Ford and Reid Carpenter are, respectively, presi-

dent and secretary of The Humphryes Manufacturing Com-

pany.

J. A. Frauenheim is president of the Keruer Manufac-

turing Company.

Jordan L. Mott and Max Goebel are, respectively, presi-

dent and secretary of The J. L. Mott Iron Works.

Thomas Walker and Alexander C. Walker are, respec-

tively, president and director of MeVay & Walker.

Lloyd G. McCrum and Howard T. Gates are, respectively,

president and secretary of The McCrum-Howell Company.

Frank G. Borden and D. W. Davis are, respectively,

president and secretary of The National Sanitary Manu-

facturing Company.

L. C. Huesman and E. V. Brigham are, respectively,

president and secretary of the Union Sanitary Manufac-

turing Company.

Charles F. Arrott and A. H. Cline, Jr. are, respectively,

president and secretary of the United States Sanitary Manu-

facturing Company.

Ludwig Wolff and Herman M. Hoelscher are, respee-

tively, president and secretary of the L. Wolff Manufactur-

ing Company.

J.E. Wright and George W. Franzheim are, respectively,

president and secretary of the Wheeling Enameled Lron

Company.

Edwin L. Wayman is a resident of Pittsburg, with offices

in the Arrott Building in that city.

3. All the defendants have been and now are engaged

in the manufacture of sanitary enameled iron ware, such

as bath tubs, wash bowls, lavatories, drinking fountains,

ete., at their several factories, located respectively as fol-

lows:

Standard Sanitary Manufacturing Company, at Alle-

gheny and New Brighton, Pa., and Louisville, Ky.

48 GOV'T’s EX. 29—ADMISSIONS OF DEFENDANTS.

A. Weiskittel & Con Company, at Baltimore, Md.

The Barnes Manufacturing Company, at Mansfield, Ohio.

The Cahill Iron Works, at Chattanooga, Tenn.

Colwell Lead Company, at Elizabeth, N. J.

The Day-Ward Company, at Warren, Ohio.

The Humphryes Manufacturing Company, at Mansfield,

Ohio.

Kerner Manufacturing Company, at Zelienople, Pa.

The J. L. Mott Iron Works, at Trenton, N. J.

MeVay & Waiker, at Braddock, Pa.

The McCrum-Howell Company, at Uniontown, Pa., and

Norwich, Conn.

The National Sanitary Manufacturing Company, at

Salem, Ohio.

Union Sanitary Manufacturing Company, at Noblesville,

Indiana.

United States Sanitary Manufacturing Company, at

Monaca, Pa.

L. Wolff Manufacturing Company, at Chicago, III.

Wheeling Enameled Lron Company, at Wheeling, W. Va.

CARROLL L. BOND

Noble, Jackson & Hubbard,

Solicitors for and of

counsel with defendants.

GOV'T’S EX. 30—LIST OF JOBBERS OF PLUMBING SUPPLIES. 49

PETITIONER’S EXHIBIT No. 30.

Filed Nov. 1, 1910.

LIST OF JOBBERS

PLUMBING SUPPLIES

in the United States.

July, 1910.

Detroy all previous lists.

NATIONAL TRADE RESOLUTIONS.

RESOLVED, that the following expresses the opinion of

this Association as to the proper definitions of manufae-

turers and jobbers of plumbing supplies and master

plumbers.

Definition of a Manufacturer.

Any person, firm or corporation manufacturing supplies

in the plumbing line of merchantable quality, or who pur-

chases plumbing supplies and uses the same for the finish-

ing of his product and who sells his product only through

regular trade channels.

Definition of a Jobber.

Any person, firm or corporation dealing in plumbing

supplies who continuously carries on stock a general as-

sortment thereof (such as brass work, earthenware, enamel

tubs and lavatories, lead pipe, traps and bends, range

boilers, sinks, soil pipe and fittings, tanks, seats, etc.) of

sufficient quantity to answer all ordinary requirements of

the trade in his locality, and to enable him to fill from

stock all reasonable orders; who does no contract work

in said line, either directly or indirectly, and who sells

goods only through regular trade channels.

Definition of a Master Plumber.

Any person, firm or corporation who represents the

industry of plumbing; who does a merchant and contract

business with the public generally; who is qualified under

50 Gov'Tt’s EX. 30—LIST OF JOBBERS OF PLUMBING SUPPLIES.

and complies with the state laws and municipal ordinances

respecting plumbing and plumbers where such exist, or

where no licenses are required who fulfils the other require-

ments hereof; and in addition governmental agencies, water

works, railroads, steamship companies, ship building com-

panies, car building companies, packing and stockyard com-

panies, educational and charitable institutions and manu-

facturing companies, provided they regularly employ

journeymen plumbers continuously to install the same, and

purchase plumbing supplies for their own use only.

Information.

There shall be furnished information to members as to

the responsibility and business standing of persons, firms

and corporations with whom the members are likely to deal.

The object of these resolutions is not to restrict trade

within the membership of this association, or to limit the

persons, firms or corporations to whom the members hereof

may sell, or with whom they may deal, whether they be

members of this association or not, but such object is to

advise and inform the members of this association of the

classification and standing of those with whom they are

likely to deal, in order that each may decide for himself

the terms and conditions upon which he will sell or buy

goods.

LIST OF JOBBERS

PLUMBING SUPPLIES IN THE

UNITED STATES.

VCrane Co., Birmingham, Alabama.

V Jefferson Plumbing and Mill Supply Co., Birmingham,

Alabama.

VCrane Co., Little Rock, Arkansas.

VY Boynton Co., H. R., Los Angeles, California.

V Busch Co., A. H., Los Angeles, California.

VCrane Co., Los Angeles, California.

V Harper & McReynolds Co., Los Angeles, California.

V Holbrook, Merrill & Stetson, Los Angeles, California.

Vv Montague, W. W., & Co., Los Angeles, California.

VYNelson Mfg. Co., N. O., Los Angeles, California.

YTay Co. of Los Angeles, The, Los Angeles, California.

Vv Burns & Howard Co., Oakland, California.

2 = aan

GOV'T’S EX. 30—LIST OF JOBBERS OF PLUMBING SUPPLIES. 51

VCrane Co., Oakland, California.

V Kinney Co., R. W., Oakland, California.

v Miller-Enw right oa. Sacramento, California.

VY Western Metal Supply Company, San Diego, California.

V California Plumbing Supply Co., San Franci isco, California.

YCrane Co., San Francisco, ( california.

Y Dalziel-Moller Co., San Francisco, California.

VY Haines, Jones & Cadbury Co., San Francisco, California.

Vv Holbrook, Merrill & Stetson, San Francisco, ¢ ‘alifornia.

VY Kinney Co., San Francisco, California.

VLally Co., San Francisco, California.

VY Montague, W. W., & Co., San Francise o, Colifornia.

VY Nelson Mfg. Co., N. O., dan Francisco, California.

YTay Co., Geo. H., San Francisco, California.

V Atkins Met tee Supply Co., Denver, Colorado.

Denver Pump & Plumbing Co., Denver, Colorado.

YO'Fallon Supply Co., The M. J., Denver, Colorado.

Y Morse Bros. Machinery & Supply Co., Denver, Colorado.

Y Wolff Mfg. Co., L., rages Colorado.

VNelson Mfg. Co., N. O., Pueblo, Colorado.

’ Bridgeport Phesshing vd Co., Bridgeport, Connecticut.

Y Plimpton & a. orporation, The, Hartford, Connecticut.

V Mersick, C. S8., & Co., The, New Haven, Connecticut.

Y Peck Bros. Pi c o., The, New Haven, Connecticut.

‘Delaware Electric & Supply Co.. Wilmington, Delaware.

VSpeakman Supply & Pipe Co., Wilmington, Delaware.

YCrane Co., Washington, District of Colupy hia.

YMeCubbin Co. The C. J., Washington. Distriet of Co-

lumbia.

‘ Mitchell, John, Jr.. Washington, District of Columbia.

‘Schafer, E. G. & Co., Washington, District of Columbia.

Y Somerville Co., Thomas, Washington, District of Columbia.

Y Hubbard Company, The S. B., Jacksonville, Florida.

YCrane Co., Atlanta, Georgia.

VY General Supply Co., Atlanta, Georgia.

VY Lowry Co., The, Atlanta, Georgia.

‘ Haines, Jones & Cadbury Co., Savannah, Georgia.

Y McKenna, J. H., Savannah, Georgia.

VY Cameron-Schroth-Cameron Co., C hicago, Illinois.

‘Clow & Sons, Jas. B., Chicago, HMlinois.

YCrane Co., Chicago, Tlinois.

V Davies Supply Co., The, Chicago, Illinois.

VY Deschauer, S., Chicago, Illinois.

52 Gov’r’s EX. 30—LIST OF JOBBERS OF PLUMBING SUPPLIES.

V Federal Huber Co., Chicago, Illinois.

Geary, Andrew J., Chicago, Illinois.

VGollner, Philip, Chicago, Illinois.

VHenion & Hubbell, Chicago, Illinois.

VIllinois Malleable Iron Co., Chicago, Iinois.

V Kellogg-Mackay Co., Chicago, Ilinois.

V National Plumbing & Heating Supply Co., Chicago, [linois.

YQuinn Supply Co., Chicago, Illinois.

V Republic Mfg. Co., Chicago, Illinois.

VY Weil Bros., Chicago, Illinois.

VWeir & Craig Mfg. Co., Chicago, Illinois.

V Western Plumbing Supply Co., Chicago, Illinois.

VWhitney & Ford, Chicago, Hlinois.

V Wolff Mfg. Co., L., Chicago, Illinois.

V Field & Shorb Co., The, Decatur, Illinois.

Kinsey & Mahler Co., Peoria, Llinois.

V Rockford Brass Works, Rockford, Illinois.

V May Supply Co., Anderson, Indiana.

VP. & H. Supply Co., Fort Wayne, Indiana.

Ventral Supply Co., Indianapolis, Indiana.

VIndiana Supply Co., Indianapolis, Indiana.

VCrane Co., Indianapolis, Indiana.

VCrane Co., Muncie, Indiana.

Vv Keiser, Geo., & Co., Muncie, Indiaua.

VCrane Co., Terre Haute, Indiana.

V Knapp Supply Co., The, Union City, Indiana.

VCedar Rapids Pump Co., Cedar Rapids, Lowa.

Chandler Pump Co., Cedar Rapids, Lowa.

Midland Plumbing Supply Co., Davenport, Lowa.

Crane Co., Des Moines, Lowa.

Kurtz Co., L. H., Des Moines, Iowa.

Kretschmer Manufacturing Co., Dubuque, Lowa.

McDonald & Morrison Mfg. Co., A. Y., Dubuque, Iowa.

Leighton Supply Co., Fort Dodge, Lowa.

Crane Co., Sioux City, Lowa.

Crane Co., Witchita, Kansas.

‘Ahrens & Ott Mfg. Co., The, Louisville, Kentucky.

Laib Co., Louisville, Kentucky.

Vogel & Son, P. A., Louisville, Kentucky.

‘Ahrens & Ott Mfg. Co., The, New Orleans, Louisiana.

Fairbanks Co., The, New Orleans, Louisiana.

Manion & Co., New Orleans, Louisiana.

V Dunning & Co., R. B., Bangor, Maine.

rl < -

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GOV'T’s EX. 30—LIST OF JOBBERS OF PLUMBING SUPPLIES. 53

V Blake, W. L., & Co., Portland, Maine. 1

YSmith & Abbott Co., The, Portland, Maine.

VAdt., John B., Baltimore, Maryland.

VCentral Metal & Supply Co., Baltimore, Maryland.

VCrane Co., Baltimore, Maryland. -

V Crook- Horner Co., Baltimore, Maryland. ;

YCuyler & Mohler, Baltimore, Maryland. :

V Krauss & Roberts, Baltimore, Maryland. :

\ Regester Supply Co., The Baltimore, Maryland.

V Robertson Mfg. Co., The James, Baltimore, Maryland. E

‘Southern Supply Co., Baltimore, Maryland. ;

VY Maryland Supply Company, Cumberland, Maryland. ) 5

V Barrett Mfg. Co., Jas., Bostou, Massachusetts.

VY Braman, Dow & Co., Boston, Massachusetts. i

Y Brown-Wales Co., Boston, Massachusetts.

V Butler & Co., E. F., Boston, Massachusetts.

VY Crane Co., Boston, Massachusetts.

V Dalton-Ingersoll Mfg. Co., Boston, Massachusetts. 2

Y Dececo Co., The, Boston, Massachusetts. 7

V Estabrook’s Sons, R., Boston, Massachusetts.

YGallison Co., The Wim. H., Boston, Massachusetts.

‘Gilchrist Co., Geo. E., Boston, Massachusetts.

‘ Hercules Iron & Supply Co., Boston, Massachusetts.

VY Hubbard & Sons, W. B., Boston, Massachusetts.

V Locke, Stevens & Co., Boston, Massachusetts.

‘Sanitary Fixtures Co., The, Boston, Massachusetts.

VSmith & Anthony Co., Boston, Massachusetts.

‘Sumner & Gerald, Boston, Massachusetts.

‘ Thompson-Durkee Co., Boston, Massachusetts.

Webb Mfg. Co., F. W., Boston, Massachusetts.

V Young, Joseph H., Boston, Massachusetts.

Cambridge Plumbing Supply Co., Cambridgeport, Massa-

chusetts.

Y Bourneuf Corporation, Louis, Lynn, Massachusetts.

New Bedford Boiler & Machine Co., New Bedford, Massa- 4

chusetts.

VIdeal Supply Co., Somerville, Massachusetts.

‘Hitchcook Supply Co., The, Springfield, Massachusetts.

New England Plumbing Supply Co., Springfield, Massa-

chusetts.

saker Lead Mfg. Co., Worcester, Massachusetts.

YColwell Lead Co., Worcester, Massachusetts,

V Detroit Lead Pipe & Sheet Lead Works, Detroit, Michigan.

54. Gov'r’s EX. 30—LIST OF JOBBERS OF PLUMBING SUPPLIES.

Harvey's Sous Mfg. Co., Ltd., A., Detroit, Michigan.

\ Kimball-Eisenberg Co., Detroit, Michigan.

‘Park & MeKay Co., The, Detroit, Michigan.

V Sales Co., Murray W., Detroit, Michigan.

< <

Walker Mfg. & Supply Co., Detroit, Michigan.

Federal Huber Co., Grand Rapids, Michigan.

Ferguson Supply Co., Ltd., Grand Rapids, Michigan.

Grand Rapids Supply Co., Grand Rapids, Michigan.

Quinn Manufacturing Co., Kalamazoo, Michigan.

Michigan Supply Co., Lansing, Michigan.

Emerson-Corbin Supply Co., Menominee, Michigan.

Crane & Ordway Co., The, Duluth, Minnesota.

Duluth Plumbing Supplies Co., Duluth, Minnesota,

Central Supply Co., Minneapolis, Minnesota.

Kellogg-Mackay-Cameron Co., Minneapolis, Minnesota.

National Manufacturing & Supply Co., Minneapolis, Min-

nesota.

Crane Co., Minneapolis, Minnesota.

Gilmore Co., D. M., Minneapolis, Minnesota.

Reid Supply Co., Minneapolis, Minnesota.

Crane & Ordway Co., The, St. Paul, Minnesota.

Western Supply Co. The, St. Paul, Minnesota.

Crane Co., Kansas City, Missouri.

Kansas City Pump Co., The, Kansas City, Missouri.

\ Reeves Supply Co., Kansas City, Missouri.

Southwest Plumbing Supply Co., Kansas City, Missouri.

U.S. Water & Steam Supply Co., Kansas City, Missouri.

‘Young Supply Co., W. B., Ikansas City, Missouri.

Horigan Supply Co., St. Joseph, Missouri.

Cahill Swift Mfg. Co., St. Louis, Missouri.

VCrane Co., St. Louis, Missouri.

- Monument Plumbing Supply Co., St. Louis, Missouri.

V National Plumbing Supply Co., St. Louis, Missouri.

Nelson Mfg. Co, N. O., St. Louis, Missouri.

Rumsey Mfg. Co., L. M., St. Louis, Missouri,

Cooper, Jr., H., Springfield, Missouri.

. Missoula Mercantile Co., Missoula, Montana.

Cooper & Cole Bros., Lineoln, Nebraska.

\ Western Supply Co., Lincoln, Nebraska.

VCrane Co., Omaha, Nebraska.

United States Supply Co., Omaha, Nebraska.

\ Manchester Supply Co., Manchester, New Hampshire.

Bayonne Supply Co., Bayonne, New Jersey.

GOV'T’s EX, 30—LIST OF JOBBERS OF PLUMBING SUPPLIES. 55

YFullmer, A. J., Camden, New Jersey. 1

Ronalds & Johnson Co., Camden, New Jersey.

‘Orange Supply Co., East Orange, New Jersey.

V Elizabeth Hardware Co., Elizabeth, New Jersey.

Y Herrmann, Ff. W., CGiuttenberg, New Jersey.

‘Jersey City Supply Co., Jersey City, New Jersey.

‘ Perkins Co., Arthur L., Jersey City, New Jersey,

‘Egbert W. V. & Co., Newark, New Jersey.

‘Gray, R., jr, Newark, New Jersey.

‘ Macknet & Doremus Co., Newark, New Jersey,

‘ Newark Supply Co., Newark, New Jersey.

Roe, Win. S., Newark, New Jersey.

‘Roe & Conover, Newark, New Jersey. :

YWulack, Benjamin, Newark, New Jersey.

‘McNab & Harlin Mfg. Co., Paterson, New Jersey.

‘Warren, Balderstone & Co., Trenton, New Jersey.

‘ Berger & Bro., Edward W., Weehawken, New Jersey.

‘Toy & Co., Albany, New York.

American Plumbing Mfg. Co., Brooklyn, New York.

VY Atlantic Supply Co., Brooklyn, New York.

‘Burr Mfg. & Supply Co., Brooklyn, New York.

Clark, Johu F., Brooklyn, New York.

Y DeLaney, Thos. M., Brooklyn, New York. 3

V Jaobs, Geo. P., & Co., Brooklyn, New York.

Yiknight, Thomas G. Co., Brooklyn, New York.

Y MeKlraevy & Hauck Co., Brooklyn, New York.

VY Read Lead Works, H. P., Brooklyn, New York.

Ronalds & Johnson Co., Brooklyn, New York.

VSackin, B., Brooklyn, New York.

‘Sinyth-Donegan Co., Brooklyn, New York.

Y Spencer & Haviland, Brooklyn, New York.

‘Saltser & Weinsier, Brooklyn, New York.

‘Irving D., Booth, Elmira, New York.

Y Case, W.A., & Son Mfg. Co., Buffalo, New York.

Y Dixon & Ballou, Buffalo, New York. 4

Frontier & Steam Supply Co., Buffalo, New York.

Y Hamill Co.. D. L., Buffalo, New York.

‘Plumbers’ & Steamfitters’ Supply Co., Buffalo, New York.

Y Schaefer & Co., Buffalo, New York.

Y Warren & Dillward Co., Buffalo, New York.

‘Zander Plumbing Supply Co., Buffalo, New York.

‘Dimock & Fink Co., New Rochelle, New York.

V Adee Co., Fred, New York City, New York,

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56 Gov’?’s EX. 30—LIST OF JOBBERS OF PLUMBING SUPPLIES.

Vv Beals, H. H., New York City, New York.

V Behrer & Co., New York City, New York.

V Bronx Supply Co., New York City, New York.

V Behrer & Sons, Arnold, New York City, New York.

VBeith & Reilly Co., New York City, New York.

V Billo, Geo. H., New York City, New York.

¥ Campbell Supply Co., New York City, New York.

Central Plumbers Supply Co., New York City, New York.

VColwell Lead Co., New York City, New York.

V Cushing Co., Thos. F., New York City, New York.

VDimock & Fink Co., New York City, New York.

DuBois & Co., FL N., New York City, New York.

V Federal Huber Co., New York City, New York.

VGlauber, Sam. 8S. (Ine.), New York City, New York.

V Harlem Supply Co., The, New York City, New York.

\ Hotchkiss, Vail & Garrison Co., New York City, New York.

V Hussey & Son, W. Hi., New York City, New York.

V Keating, Co., E. F., New York City, New York.

VKenny Mfg. Co, New York City, New York.

V Klenert & Rosenbulth, New York City, New York.

Lederman, Saml., New York City, New York.

V Locke & Smith Co., New York City, New York.

Vv MeShane Co., Wm., New York City, New York.

\ Malbin, Mayer, New York City, New York.

Mayor, Lane & Co., New York City, New York.

\ Meyer-Sniffen Co., The, New York City, New York.

Mott Iron Works, The J. L., New York City, New York.

Murray, John A., New York City, New York.

vVNason Mfg. Co., New York City, New York.

V Peck Bros. & Co., The, New York City, New York.

\ Pierce, Butler & Pierce Mfg. Co., New York City, New York.

\ Read Lead Works, H. P., New York City, New York.

Ronalds & Johnson Co., New York City, New York.

VSimmons Co., John, New York City, New York.

Smolka & Co., Edw., New York City, New York.

\ Standard Plumbing Supply Co., New York City, New York.

V United Plumbers’ Supply Co., New York City, New York.

V Vogel, Ignatz, New York City, New York.

VWalsh & Hartwig (Ine.), New York City, New York.

V Hunting Co., The, Rochester, New York.

V Sloan. Samuel, & Co., Rochester, New York.

’ Foley, James F., Syracuse, New York.

vMceClure Co., The, R. €., Syracuse, New York.

GOV'T’S EX. 30—LIST OF JOBBERS OF PLUMBING SUPPLIES. 57

‘ Pierce, Butler & Pierce Mfg. Co., Syracuse, New York. 1

V Aird-Don Co., Troy, New York.

V Millar, Charles, & Son, Utica, New York.

VY Hunting Co., The, Watertown, New York.

Y Weekes & Son Co., John, Watertown, New York.

‘Yonkers Plumbing Supply Co., Yonkers, New York.

YCrane & Ordway Co., The, Fargo, North Dakota.

‘Allman Co., W. H., Canton, Ohio.

YCrane-Hawley Co., Cincinnati, Ohio.

Y Merkel Bros., Cincinnati, Ohio.

Merrie, Hugh, Cincinnati, Ohio.

McDonald, James, & Son, Cincinnati, Ohio. »

Murdock Mfg. & Supply Co., Cincinnati, Ohio.

Cleveland Plumbing Supply Co., Cleveland, Ohio.

Fisher Co., The E. W., Cleveland, Ohio.

Kennedy Co., The, Cleveland, Ohio.

Sanitary Co., The, Cleveland, Ohio.

Standard Mfg. Co., Cleveland, Ohio.

Welker Supply Co., Cleveland, Ohio.

Ascher Supply Co., The, Columbus, Ohio.

Columbus Brass Co., The, Columbus, Ohio.

Columbus Supply Co., Columbus, Ohio.

Westwater Supply Co., The, Columbus, Ohio.

Potts, Ben D., Columbus, Ohio.

Sioto Valley Supply Co., Columbus, Ohio.

Dayton Supply Co., Dayton, Ohio.

Ross Supply Co., Greenville, Ohio.

Sanitary Supply Co, Hamilton, Ohio.

Hughes Supply Co., Mansfield, Ohio.

American Plumbers’ Supply Co., The, Toledo, Ohio.

Grosswiller, Jos. F., Supply Co., Toledo, Ohio.

National Supply Co., The, Toledo, Ohio.

Ohio Plumbers’ Supply Co., Toledo, Ohio.

Crane Co., Oklahoma City, Oklahoma.

Atlas Supply Co., Muskogee, Oklahoma.

Crane Co., Muskogee, Oklahoma.

Crane Co., Portland, Oregon.

Ganld Co., The, Portland, Oregon.

‘Kline, M. L., Portland, Oregon.

Standard Supply & Equipment Co., Altoona, Pennsylvania.

‘Sheet Metal & Supply Co., Lancaster, Pennsylvania.

’ Berkstresser Co., Thos J., Philadelphia, Pennsylvania.

* A.. Philadelphia, Pennsylvania.

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58 Gov't’s EX. 30—LIST OF JOBBERS OF PLUMBING SUPPLIES.

Bridgman Bros., Philadelphia, Pennsylvania.

V Cooper Sanitary Mfg. Co., Philadelphia, Pennsylvania.

VCrane Co., Philadelphia, Pennsylvania.

Fleck Bros. Co., Philadelphia, Pennsylvania.

Ford & Kendig, Philadelphia, Pennsylvania.

V Froelich Bros., Philadelphia, Pennsylvania,

\ Haines, Jones & Cadbury Co., Philadelphia, Pennsylvania.

V Haynes, Thompson Co., Philadelphia, Pennsylvania.

\ Hydraulic Specialty Co., Philadelphia, Pennsylvania.

V Keystone Supply & Mfg. Co., Philadelphia, Pennsylvania.

¥ McCambridge Cooper Co., Philadelphia, Pennsylvania.

\ Model Heating Co., Philadelphia, Pennsylvania.

V Perkes, Charles, Philadelphia, Pennsylvania.

VRainear & Co., C. J., Philadelphia, Pennsylvania.

Ronalds & Johnson Co., Philadelphia, Pennsylvania.

V Savill & Sons, Thos., Philadelphia, Pennsylvania.

V Schuster Plumbing Supply Co., The, Philadelphia, Penn-

sylvania.

V Walls, Owen & Stambach Co., Philadelphia, Penisylvania.

Anchor Sanitary Co., Pittsburg, Pennsylvania.

Bailey-Farrell Mfg. Co., Pittsburg, Pennsylvania.

Vv Bowman Supply & Manufacturing Co., Pittsburg, Penn-

sylvania.

VCullen Mfg. & Supply Co., Pittsburg, Pennsylvania.

v Duquesne Sanitary Co., Pittsburg, Pennsylvania.

\ Fort Pitt Supply Co., Pittsburg, Pennsylvania.

V Harris Pump & Supply Co., The, Pittsburg, Pennsylvania.

Kelly & Jones Co., The, Pittsburg, Pennsylvania.

V Pittsburg Supply Co., Pittsburg, Pennsylvania.

VStandard Mfg. Co., Pittsburg, Pennsylvania.

VSterling Sanitary Mfg. Co., Pittsburg, Pennsylvania.

V McClure Co., RoC. Seranton, Pennsylvania.

Vv Weeks Co., R. E., Seranton, Pennsylvania.

Ford & Kendig, Scranton, Pennsylvania.

O'Malley Mfg. Co., Scranton, Pennsylvania.

V Pennsylvania Supply Co., Wilkes-Barre, Pennsylvania.

V Wyoming Valley Supply & Mfg. Co., Wilkes-Barre, Penn-

sylvania.

VSmall Co., P. A. & S., York, Penusylvania.

V Peck, Benj. T., Providence, Rhode Island.

V Phillips Lead & Supply Co., Providence, Rhode Island.

Providence Plumbing Supply Co., Providence, Rhode

Island.

GOV'T’S EX. 30—LIST OF JOBBERS OF PLUMBING SUPPLIES. 59

caerey aT

‘Tillinghast Supply Co., L. H., Providence, Rhode Island. 1

‘Cameron & Barkley Co., Charleston, South Carolina.

Y Bailey-Lebby Co., The, Charleston, South Carolina,

Y Southern States Supply Co., Columbia, South Carolina.

‘Plumbing Supply Co., Sioux Falls, South Dakota.

‘Crane & Ordway Co., The, Watertown, South Dakota.

V James Supply & Hardware Co., Chattanooga, Tennessee.

VSouthern Brass & [ron Co., Knoxville, Tenessee.

‘Crane Co., Memphis, Tennessee.

v*Y Nashville Plumbers’ & Mill Supply Co., Nashville, Ten-

hessee,

Honolulu Tron Works, Honolulu, Territory of Hawaii. 2

YCrane Co., Dallas, Texas.

Ya@iamer Co., The, Dallas, Texas.

Y Gamer Co., The, Fort Worth, Texas.

Y Ahrens & Alt Mfg. Co., The, Houston, Texas.

VY Higgins Co., San Antonio, Texas.

Y Crane Co., Salt Lake City, Utah.

VY Nelson Supply Co., Jos., Salt Lake City, Utah.

Y Lincoln Tron Works, Rutland, Vermont.

Y Booker & Co., TL RL, Hampton, Virginia.

\ Virginia-Carolina Supply Co., Norfolk, Virginia.

‘ Bargamin Co. @. & A., Richmond, Virginia. 3

Y MeGraw-Yarbrough Co., Richmond, Virginia.

\ Virginia-Carolina Supply Co., Richmond, Virginia.

Y Bowles Co., Seattle, Washington.

‘Crane Co., Seattle, Washington.

VY Hambach Co., The A., Seattle, Washington,

‘Crane Co., Spokane, Washington.

\ Hollev-Mason Hardware Co., Spokane, Washington.

YHughes & Co., Spokane, Washington.

‘Crane Co... Tacoma, Washington.

Y Walsh & Gardner, Tacoma, Washington.

‘Trimble & Lutz Supply Co., Wheeling, West Virginia. 4

Murphy Supply Co., Green Bay, Wisconsin.

‘La Crosse Plumbing Supply Co., La Crosse, Wisconsin.

\ Roosevelt Co., W. A. La Crosse, Wisconsin.

Hobbs Supply Co., Eau Claire, Wisconsin.

Y Denkel Mfg. Co. FL OR. Milwaukee, Wisconsin.

‘Hoffman & Billings Mfg. Co...) Milwaukee, Wisconsin.

Y Hoffman Mfg. Co., B., Milwaukee, Wisconsin.

Y Rom Co... The Robert, Milwaukee, Wisconsin.

VY Rundle-Spence Mfg. Co., Milwaukee, Wisconsin.

60 Gov'r’s EX. 30—LIST OF JOBBERS OF PLUMBING SUPPLIES.

VWisconsin Plumbing & Heating Supply Co., Milwaukee,

Wisconsin.

JOBBERS HAVING SIGNED NOT IN BLUE BOOK.

Coates Plumbing Supply Co. Tampa, Fla.

John Harden Co., Chicago, Ll.

Turner Supply Co. East St. Louis, Ll.

National Mills Supply Co. Ft. Wayne, Ind.

Fred C. Dryer & Co. Cumberland, Md.

Wim. Bunting, Jr. Boston, Mass.

Central Closet Mfg. Co. Holland, Mich.

Marshall, Wells Hardware Co. Duluth, Minn.

United States Supply Co. St. Paul, Minn,

Reeves Supply Co. Kansas City, Mo.

Koken Barbers’ Supply Co. St. Louis, Mo.

Stern & Goldberg, St. Louis, Mo.

Concord Pipe Co. Concord, N. H.

Eisner Bros. & Co. Inc. Newark, N. J.

Howard Plumbing & Supply Co. Newark, N. J.

Abe Smith Patterson, N. J.

J. A. Van Winkle Co. Patterson, N. J.

George W. Peck Co. Bath, N. Y.

Samuel Gasmer Brooklyn, N. Y.

Buffalo Plumbing Supply Co. Buffalo, N. Y.

Cantield Supply Co. Kingston, N. Y.

M. Buda New York, N. Y.

The Burr Mfg. Co. New York, N. Y.

D. A. DeLima & Co. New York, N. Y.

Jacob Efron, New York, N. Y.

Eichenbaum Bros. New York, N. Y.

Goblet Dolan Co. New York, N. Y.

W. D. Garrett & Co. New York, N. Y.

Louis Greenberg New York, N. Y.

John G. Kelly New York, N. Y.

The Kenney Specialty Co. New York, N. Y.

Rumsey Pump & Machine Co. New York, N.Y.

Isidor Schwuriz New York, N. Y.

Schwartz Plumbing & Supply Co. New York, N.Y.

I. Sutherland Co. New York, N. Y.

Staten Island Supply Co. Staten Island, N.Y.

John Douglas, Cincinnati, Ohio,

Walter E. King Cincinnati, Ohio.

GOV'T’S EX. 30—LIST OF JOBBERS OF PLUMBING SUPPLIES.

A. J. Roab, Kingston, Pa.

Pittsburg Inc. Supply Co. Pittsburg, Pa.

(. M. MeClung & Co. Knoxville, Tenn.

Hf. A. Carpenter & Bros. El Paso, Tex.

Riverside Potteries Co. Wheeling, W. Va.

Jenkins Mfg. Co. New York, N. Y.

Blue and Queritle, New York, N. Y.

T. Noonan & Co. Boston, Mass.

Anderson, Lore Co. Los Angeles, Cal.

Westchester Supply Co. White Plains, N. Y.

Sieg ST SS

62 Gov’T’s EX. 31-——LETTER, WAYMAN TO MANUFACTURERS.

PETITIONER’S EXHIBIT No. 31.

Filed Nov. 2, 1910, by stipulation in substitution for Exhibit

No. 31, tiled Nov. 1, 1910.

EDWIN L. WAYMAN

1509 Arrott Building

Pittsburgh

April 16, 1910.

The Price and Schedule Committee created at the meet-

ing held in New York City, for the purpose of concluding

the License and Resale Agreements, have just completed a

special session held at Mt. Clemens, Mich. beginning April

Sth and ending April 14th.

All the details of the License Agreement and Jobbers’

Agreement were thoroughly gore into and considered, every

paragraph being carefully weighed; the Committee making

such additions or eliminations as they considered advisable.

Some changes were made in the arrangement of the

Schedules as you will note by the attached copy as well as

some changes in the differentials. All members who had

suggestions to make or those whom the Committee desired to

see, appeared before them and after going into all details

and bringing up every possible question they went away en-

tirely satisfied after having presented the Committee with

letters, several of which are given below:

“We hereby accept your proposition as to a License

Agreement under Dredger Patents by which we are

permitted to use said Patents, and for the use of

which we agree to pay you as per terms of said Li-

cense Agreement at the rate of $5.00) per day per

furnace in operation, less such rebates that you may

hereafter decide upon; it being understood that all

Licensees shall be upon the same uniform schedule

of prices per furnace and the same uniform change

and rebate, We further agree to maintain any and

all stipulations and provisions set forth in the

schedule and also to the different differentials estab-

lished for our Company as shown in the attached

sheet.”

“After having met with the Committee and gone

into the matter very carefully, we have given it due

consideration and in the matter of harmony, we will

waive all demands which we made in our previous

GOV'T’s EX. 31—LETTER, WAYMAN TO MANUFACTURERS. 63

letter as to schedule, and will agree to manufacture

all ware which we make under one of the three

dredger patents and we will also agree to the schedule

of differentials in prices as submitted by your Com-

mittee, and trust that our action will enable you to

harmonize other interests.”

The Committee will hold additional Meetings Tuesday

April 19th at Pittsburgh and Thursday April 21st, at New

York City, which Meetings are believed will finish all the

preliminaries. You may, therefore, expect to receive a

notice calling a General Meeting to be held in New York

City during the first week in May for the purpose of execut-

ing the final License Agreement Papers which will put this

and the Re-sale proposition into effect on June Ist., which

date is being expected and insisted upon by the Jobbers

throughout the country. The Papers you will be asked to

sign at this meeting will not be subject to any further

changes. They embrace the best suggestions made to the

Committee, have been passed on by the best legal talent in

the Country and it will not be feasible to make any addi-

tional changes in order to meet the ideas of the attorneys of

the individual Companies. Will you, therefore, come pre-

pared to sign or bring such principals with you that have

authority to conclude the matter?

Yours very truly,

(Signed) E. L. Wayman.

The following “Preferentials Discounts” from the Sell-

ing Prices established by the Licensor will be allowed the

various Manufacturers on Sales to Jobbers only.

Schedule 1 —5 year Guaranteed Baths

“ 2 —2 o “7 is

" 3 —All other grades of Baths

: 4 —Small Ware—Lavatories, etc.

4%4.—R. H. Sinks, Slop Sinks. Sink Backs, Drain

Boards, Factory Sinks Urinals, Hoppers,

Laundry

5 —Sin

6 —Com

7 —Clos » 962.

¢,

PP...

AS et i EES

64 gov'r’s EX. 31—LETTER, WAYMAN

Manufacturers.

Standard None

Wolff %

Uv. S. .

Kohier =

Barnes _

Cahill *

Mott °

Union 5%

Colwell 5%

Clymer 5%

Blairsville 5%

MeVay & Walker 5%

Kerner 5%

Weiskittel 5%

National 5%

Humphryes 5%

Day-Ward 5%

McCrum-Howell 5%

Wheeling 5%

SCHEDULES.

None None None

242%

2%%

2% %

242%

None

2%%

2% %

242%

2% %

2%%

2 5%

242%

TO MANUFACTURERS.

2%%

22%

242%

2%%

2'2%

24%

2% %

2%%

242%

None

242%

212%

2%%

2% %

None

242%

2%4%

2% %

None

The above “Preferential Discounts” shall not apply on

sales to the Plumber when made either by the Jobbers or

direct by the Manufacturers.

AU makes of goods shall be sold to the Plumber at the

Resale Prices that may be established in the sheets.

Lins

GOVERNMENT'S EXHIBIT 32. 65

PETITIONER’S EXHIBIT No. 32.

Filed Noy. 1, 1910.

The Colonial,

Mt. Clemens, Mich.

Mineral Baths in Connection

Address

all communications to

The Colonial.

April Eleventh, Nineteen Ten.

Mr. H. M. Hoelscher, Chairman,

Colonial Hotel,

Mt. Clemens, Mich.

My dear sir :—

After having met with the Committee and gone into the

matter very carefully, we have given it due consideration

and in the matter of harmony, we will waive all demands

which we made in our previous letter as to schedule, and

will agree to manufacture all ware which we make under

one of the three dredger patents, and we will alse agree

to the schedule of differentials in prices as submitted by

your Committee, and trust that our actio# will enable you

to harmonize other interests.

Yours very truly,

THE DAY WARD CO.

By A. G. Warp, V. P.

Bt a Rs Ea

66 GOVERNMENT'S EXHIBIT 33.

1 PETITIONER’S EXHIBIT No. 33.

Filed Nov. 1, 1910.

The Colonial,

Mt. Clemens, Mich.

Mineral Baths in Connection

Address

all communications to

The Colonial.

April Eleventh, Nineteen ten.

Mr. H. M. Hoelscher, Chairman,

Colonial Hotel,

Mt. Clemens, Mich.

My dear sir:—

After meeting with your Committee and having gone

over in detail all of the matters under consideration, we

hereby agree to manufacture all our ware under the standard

Dredger patents, and also agree to the schedule of differen-

tials in prices as submitted to me by your Comittee.

Very truly yours,

Cc. E. Gates, V. P. & Mangr.

3 UNION SANITARY MPG. CO.,

Noblesville, Ind.

GOVERNMENT'S EXHIBIT 34. 67

PETITIONER’S EXHIBIT No. 34. 1

Filed Nev. 1, 1910.

The Colonial,

Mi. Clemens, Mich.

Mineral Baths in Connetion

Address

all communications to

The Colonial.

April Twelfth, Nineteen Ten.

Mr. H. M. Hoelscher, Chairman,

Colonial Hotel, °

Mt. Clemens, Mich.

Dear sir:—

The meeting with your Price and Schedule Committee

has been entirely satisfactory to the National Sanitary Com-

pany, We agreeing to the Schedule of differentials as pre-

sented, also to work under the Standard Dredger Patents.

We also wish to compliment the Committee on the

progress made and fully hope that the Meeting will close

at an early date with your efforts appreciated by all and a.

satisfactory ending. 5

Yours very truly,

NATIONAL SANITARY MFG. CO.

F. G. Borven, Pres.

(TR ON ee ek FS ck eed

68 ~ GOVERNMENT'S EXHIBIT 35.

1 PETITIONER'S EXHIBIT No. 35.

Filed Nov. 1, 1910.

EDWIN L. WAYMAN.

Arrott Building,

Pittsburg

Colonial Hotel,

Mt. Clemens, Mich.

April 12th, 1910.

Mr. E. L. Wayman, :

Pittsburg, Pa.

Dear Sir :—

We hereby accept your prepesition as te a License

Agreement under U. S. Patent No. 635.941, granted to

James Arrott Sept. 26th, 1899, by which we are permitted

to use said Patent and for the use of which we agree to

pay you as per terms of said License Agreement at the rate

of $5.00 per day per furnace in operation; less such rebate

that you may hereafter decide upon; it being understood

that all Licenses shall be upon the same uniferm schedule

of Prices per furnace and the same uniform charge and

3 rebate.

We further agree to maintain any and all stipulations

and provisions set forth in the Schedules and also to the

differentials established for our Company as shown in the

attached sheet.

HUMPHRYES MFG. CO.

By H. D. KENNEY.

GOVERNMENT'S EXHIBIT 36. 69

PETITIONER'S EXHIBIT No. 36.

Filed Nov. 1, 1910.

The Colonial,

Mt. Clemens, Mich.

Mineral Baths in Connection

Address

all communications to

The Colonial.

April thirteenth, Nineteen Ten.

Mr. E. L. Wayman,

Pittsburg, Pa.

Dear sir :—

We -hereby accept your proposition as to a License

Agreement under Dredger Patents by which we are per-

mitted to use said Patents and for the use of which we

agtee to pay you as per terms of said License Agreement

at the rate of $5.00 per day per furnace in operation, less

such rebate that you may hereafter decide upon: it being

understood that all Licenses shall be upon the same uniform

schedule of prices per furnace and the same uniform charge

and rehate.

We further agree to maintain any and all stipulations

and provisions set forth in the Shedules and also to the

differentials established for our Company as shown in the

attached sheet.

A. W. WEISKITTEL & SON CO.

By ANTON WRISKITTEL.

70 GOVERNMENT'S EXHIBIT 37.

PETITIONER'S EXHIBIT No. 37.

Filed Nov. 1, 1910

EDWIN L. WAYMAN.

Arrott Building,

Pittsburg

April nineteenth, Nineteen Ten.

Mr. E. L. Wayman,

Pittsburg, Pa.

Dear sir :—

We hereby accept your proposition as te a License Agree-

ment under Dredger Patents by which we are permitted to

use said Patents and for the use of which we agree to pay

you as per terms of said License Agreement at the rate of

$5.00 per day per furnace in operation, less such rebate

that you may hereafter decide upon; it being understood

that all Licenses shall be upon the same uniform schedule

of prices per furnace and the same uniform charge and

rebate.

We further agree to maintain any and all stipulations

and provisions set forth in the Schedules and also to the

differentials established for our Company as shown in the

attached sheet.

Yours truly,

WHEELING ENAMELED IRON CO.

by J. E. WriGut, Prest.

GOVERNMENT'S EXHIBIT 38. 71

PETITIONER’S EXHIBIT No. 38.

Filed Noy. 1, 1910.

EDWIN L. WAYMAN.

Arrott Building,

Pittsburg

April nineteenth, nineteen Ten

Mr. E. L. Wayman,

Pittsburg, Pa.

Dear sir:—

We hereby accept your proposition as to a License

Agreement under Dredger Patents by which we are per-

mitted to use said Patents and for the use of which we

agree to pay you as per terms of said License Agreement

at the rate of $5.00 per day per furnace in operation, less

such rebate that you may hereafter decide upon; it being

understood that all Licenses shall be upon the same uniform

schedule of prices per furnace and the same uniform charge

and rebate.

We further agree to maintain any and all stipulations

and provisions set forth in the Schedules and also to the

differentials established for our Company as shown in the

attached sheet.

(signed) McCVAY & WALKER.

sede =

72 GOVERNMENT'S EXHIBIT 39.

1 PETITIONER’S EXHIBIT No. 39.

Filed Nov. 1, 1910.

EDWIN L. WAYMAN.

Arrott Building,

Pittsburg

April nineteenth, Nineteen Ten.

Mr. E. L. Wayman,

Pittsburg, Pa.

Dear sir:—

2 We hereby accept your proposition as to a License

Agreement under Dredger Patents by which we are per-

mitted to use said Patents and for the use of which we

agree to pay you as per terms of said License Agreement at

the rate of $5.00 per day per furnace in operation, less such

rebate that you may hereafter decide upon; it being under-

stood that all Licenses shall be upon the same uniform

schedule of prices per furnace and the same uniform charge

and rebate.

We further agree to maintain any and all stipulations |

and provisions set forth in the Schedules and also to the |

3 differentials established for our Company as shown in the

attached sheet. ,

(signed) KERNER MFG. CO. |

H. T. FraveNuem, Secy. |

GOVERNMENT'S EXHIBIT 40. 73

PETITIONER'S EXHIBIT No. 40.

Filed Nov. 1, 1910.

EDWIN L. WAYMAN.

Arrott Building,

Pittsburg

April twenty-first, Nineteen Ten.

Mr. E. L. Wayman,

Pittsburg, Pa.

Dear sir :—

We hereby accept your proposition as to a License

Agreement under Dredger Patents by which we are per-

mitted to use said Patents and for the use of which we

agree to pay you as per terms of said License Agreement

at the rate of $5.00 per day per farnace in operation, less

such rebate that you may hereafter decide upon; it being

understood that all Licenses shall be upon the same uniform

schedule of prices per furnace and the same uniform charge

and rebate.

We further agree to maintain any and all stipulations

and provisions set forth in the Schedules and also to the

differentials established for our Company as shown in the

attached sheet.

(signed) THE J. L. MOTT IRON WORKS

E. HAMMANN.

74 GOV’T’s EX. 41—PAGES FROM PRICE LIST.

1 PETITIONER’S EXHIBIT No. 41.

Filed November 1, 1910.

Nore: This exhibit consists of a price list issued June 1,

1910, and contains 276 printed pages. Only the

first few pages will be incorporated in this volume

of Petitioner's Exhibits. Beginning with the cover

the exhibit reads as follows:

PRICE LIST.

“LICENSED”

SANITARY ENAMELED IRON WARE.

June Ist, 1910.

bias a

NE MT 0 RE AOS SII SEINE INL BEI ily RIES NORE, NS

GOV'T’S EX. 41—PAGES FROM PRICE LIST.

LICENSED

SANITARY ENAMELED IRON WARE.

The Patented Automatic Enameling Proc-

esses adopted by the Licensed Companies cover

substantially all the ways in which Sanitary En-

ameled Lron Ware may be enameled economic-

ally and with durability and are essential to the

production of Ware of the highest quality.

That the Ware made in accordance with

these Patented Processes, may be easily identi-

fied, each fixture after June Ist, 1910, will bear

the following Label:

LICENSED WARE

Patented

This fixture is

in accordance

lowing United

Patent:

Manufactured

with the fol-

States Letters

Sept. 26th, 1899, No. 633,941

Nov. 9th, 1909, No. 939,918

Feb. 15th, 1910, No. 949,625

(Enlarged Reproduction. )

and its presence evidences that the best ma-

terials and processes have been employed in its

manufacture.

Licensed Sanitary Enameled Iron Ware em-

bodies all that is significant of

QUALITY AND PROGRESS.

LICENSED

LABEL

76 eov'T’s EX. 41—PAGES FROM PRICE LIST.

June Ist, 1910.

To LiceNsep Joppers’ SALESMEN:

This Price List is the property of E. L. Wayman, Arrott

Building, Pittsburgh, and is loaned to you with the under-

standing that it is subject to recall at any time. The

prices given herein are the Selling Prices [ have established

to Piumbers on Sanitary Enameled Iron Ware manufac-

tured by the following companies, operating under patents

owned by me and to whom I have granted licenses:

Barnes Manufacturing Co., The....... Mansfield, Ohio.

Cahill Iron Works, The ............. Chattanooga, Tenn.

Colwell Lead Company.............. New York

ea UE ta wean bau bed Ge Warren, Ohio

Ilumphryes Manufacturing Co. 22.2... Mausfield, Ohio.

Kerner Manufacturing Co. .......... Pittsburgh, Pa.

Mott Iron Works, The J. L........... New York

pe) ee New York

BEOURG BG WRG. os ccsvccccccccccces Braddock, Pa.

National Sanitary Manufacturing Co... Salem, Ohio

Standard Sanitary Manufacturing Co. Pittsburgh, Pa.

Union Sanitary Manufacturing Co. .. Noblesville, Ind.

United States Sanitary Manufacturing Co. Pittsburgh, Pa.

Wolff Manufacturing Co. Loo... 22... Chicago, Hl.

Weiskittel & Son Co. A............. Baltimore, Md.

Wheeling Enameled Tron Co.......... Wheeling, W. Va.

It is necessary for all Licensed Manufacturers to sell

their product manufactured in accordance with these Pat-

ents on the terms herein established and you are hereby

notified that the License Agreements executed by your Com-

pany obligates it to resell the various Licensed Products

ut no better prices, terms, or other regulations than herein

established. As changes, additions or eliminations occur,

new sheets will be issued promptly.

E. L. WAYMAN.

Arrott Building, Pittburgh, Pa.

PAR RD SNe wee MER

GOV'T’S EX. 41—PAGES FROM PRICE LIST. 77

PAGE 1 1

CLASSIFICATION,

CLASSIFICATION OF SANITARY ENAMELED IRON

WARE PrRopwcts.

Schedule No. 1—5 year Guaranteed Baths, Foot,

Pool, Sitz and Child's, and

PE - Svnana¥etedeeas hs

Schedule No. 2—2 year Guaranteed Baths... ...

Schedule No. 3—All other Grades of Baths ....

Schedule No. 4—Small Wares, Drinking Foun-

tains, Lavatories, ete... ......

Exceptions: Lavatories, sim- CLASSIFI-

ilar to Plates (Standard) P- cations

558, 559, 561 and 562........

Schedule No. 4—!4-Roll Rim Sinks and Com-

binations, Slop Sinks, Sink

Backs and = Ends, Drain

Boards, Factory and Wash 3

Sinks, Sink and Tray Com-

binations, Laundry Trays,

Closet Bowls and Urinals... .

Schedule No. 5—Fiat Rim Sinks and Combina-

tions, Square and Round Cor-

ner Kitchen; Half Cirele, Cor-

ner, Slop Sinks, Slop Hop-

pers, Wash Sowls, Trap

Standards and Grease Traps

Schedule No. 6—Tanks, Closet and Urinal, High 4

and Low Pattern ..........

JUNE Ist,

1910.

abe a,

78 GOV'T'’S EX. 41—PAGES FROM PRICE LIST.

GENERAL CONDITIONS.

Prices or other regulations are effective the

morning of the date appearing on the sheet.

All prices are for bare fixtures WITHOUT

fittings, except where specified.

Car load prices shall apply to shipments of

Enameled Ware in car load lots in ONE DE-

LIVERY only, to one purchaser and paid for by

one purchaser.

The ware covered by the Price Sheets shall

be invoiced by individual items, fixtures to be

billed separately (less all Fittings) and it is not

permissible to bill collectively several articles in

a “Lump Sum.”

The various conditions respecting “Guaran-

tees” under which the ware is purchased by the

Jobber shall not be varied in the resale to the

Plumber.

DELIVERIES.

Goods will be sold to the purchaser F. O. B.

Cars where factory is located, at the prices given

in the Resale Sheets for the various zones with

full freight allowed on shipments of 200 pounds

and over (subject to the Freight Tariff Regula-

tions herein provided for) to the list of cities

named in the various zones. To other points

than those named, delivery can be made only on

the basis of the Purchaser being charged and

paying freight from the nearest city named.

Nore: Goods may be shipped in mixed cer

loads to all points on, or east of the western

bank of the Mississippi River, Minneapolis. to

New Orleans and to the Atlantic Seaboard, in-

clusive. To points west of the western bank of

the Mississippi River, goods may only be shipped

in mixed car loads to points so provided for in

the railroad tariffs and Classifications.

Goods shall be sold at prices established and

prevailing in the various zones into which the

goods are shipped, regardless of the point of

purchase.

PAGE 2

PRICES

LUM?

SUMS

GUARAN-

TIES

DELIVER-

IES

GOV'T’s EX. 41—PAGES FROM PRICE LIST. 79

DELIVERIES, PAGE 2—Continued.

Purchaser (Jobbers only) will be allowed car

load prices in any quantity on shipments to the

manufacturing and jobbing points specified. On

shipments to jobbing points, other than manu-

facturing poin's, car luad or less car load prices JUNEIST

will apply according to quantity. 1910

PAGE 3

DELIVER! ES—Continued.

FRoM JoBBER's StocK—ZoNES—1, 2, 3, 4 and 5.

All shipments from Jobber’s Stocks to other

than Jobbing Points in Zones 1, 2, 3, 4

and 5 shall be billed F. O. B. Cars Point of

Shipment.

If Jobbers find it necessary on Shipments from

Stock to Non-Jobbing Points to equalize

with other Jobbing Points, such Exualiza-

tions shall be made on the basis of the

weights given in the Sheets and at the rates

given in the Equalizing Freight Tariff peLiver-

Schedule. IES

%, 7, 8 9, 10

FROM JOBBER'’S StToCKS—ZONES

and 11.

All Shipments from Jobber'’s Stocks to other

than Jobbing Points in Zones 5, 6, 7, 8, 9,

10 and 11 shal! be billed F. O. B. Cars

Point of Shipment with actual freight al-

lowed to Non-Jobbing Points.

DIRECT SHIPMENTS

FrRoM FAactroRY—ALL ZONES.

Shipments to other than Jobbing Points made

direct from the factory on Jobber's orders,

or sales made direct to Plumbers by the

Manufacturers, shai be billed at the prevail-

ing Zone Prices plus freight charges from

the nearest Jobbing Point, based on the

weights given in the Sheets and at the rates

given in the Freight Equalizing Tariff jung 1st,

Schedule. 1910

80 GOV'T’S EX. 41—PAGES FROM PRICE LIST.

1 PAGE 4

FREIGHT ZONE (General )—Manufacturing

and Jobbing Points

Car Load Zone 1, Prices will be allowed Pur-

chaser (Jobber only) and actual freight allowed

on C. L. and L. C. L. Shipments of 200 pounds

and over to the following Manufacturing and

Jobbing Points:

Allegheny, Pa.

2 Baltimore, Md.

Chicago, LIl. MANU-

Cincinnati, Ohio FACTURING

Louisville, Ky. POINTS

Milwaukee, Wis. WHERE

Pittsburgh, Pa. JOBBERS

Wheeling, W. Va. ARE

LOCATED

The same conditions at Zone 2 Prices, will

apply on shipments to

3 Chattanooga, Tenn.

Goods must be sold to the Plumber at the JUNEAST,

Quantity Prices established in the Sheets. 1910.

GOV'T’S EX. 41—PAGES FROM PRICE LIST.

FREIGHT ZONE—No. 1.

Goods will be sold to the Purchaser F. O. B.

Cars where Factory is located at the Quantity

Prices established for Zone 1, with full freight

allowed on shipments of 200 pounds and over

to the following cities:

Anderson, Ind.

Albany, N. Y.

Altoona, Pa.

Bangor, Me.

Bayonne, N. J.

Roston, Mass.

Bridgeport, Conn.

Brookiyn, N. Y.

Buffalo, N. Y.

Camden, N. J.

Cambridgep't, Mass.

Canton, O.

Cleveland, O.

Columbus, O.

Cumberland, Md.

Davenport, Iowa.

Dayton, O.

Detroit, Mich.

Dubuque, lowa.

Erect Orange, N. J.

Elizabeth, N. J.

Elmira, N. Y.

Fort Wayne, Ind.

Grand Rapids, Mich.

Guttenberg, N. J.

Hampton, Va.

Hartford, Conn.

Indianapolis, Ind.

Jersey City, N. J.

Kalamazoo, Mich.

Lancaster, Pa.

Lansing, Mich.

Long Island City, N. Y.

Lynn, Mass.

Manchester, N. H.

Mansfield, O.

Menominee, Mich.

Muncie, Ind.

Newark, N. J.

New Bedford, Mass.

New Haven, Conn.

New Rochelle, N. Y.

New York, N. Y.

Norfolk, Va.

Paterson, N. J.

Peorla, Il.

Vhiladelphia, Ia.

Portland, Me.

Providence, R. I.

Richmond, Va.

Rochester, N.Y.

Rockford, Ill.

Rutland, Vt.

Scranton, Pa.

Somerville, Mass.

Springfield, Mass.

St. Louis, Mo.

Syracuse, N. Y.

Terra Haute, Ind.

Toledo, 0.

Trenton, N. J.

Troy. N. Y¥.

Union City, Ind.

Utica, N. Y.

Watertown, N. Y.

Weehawken, N. J.

Wilmington, Del.

AWilkesbarre, Pa.

Worcester, Mass.

Yonkers, N. Y.

York, Pa.

or to such points as may be fixed from time to

time.

To other than Jobbing Points in the following

states:

Connecticut

Delaware .

Tilinois

Indiana

Kentucky

Maine

Maryland

delivery can be

being charged

Massachusetts

Michigan

New Hampshire

New Jersey

New York

Ohto

lennsylvania

Rhode Island

Vermont

Virginia

West Virginia

Wisconsin

made only on the basis of your

and paying freight from

the

nearest Jobbing Point in the above list of cities

based on respective C. L. or L. C. L. shipments.

ALINE Weigh EI FORME

PAGE 5

FREIGHT

ZONE 1

JOBBING

POINTS

JUNEIL

1910.

82 GOV T's EX. 41—PAGES FROM PRICE LIST.

FREIGHT ZONE—No. 2.

Goods will be sold to the Purchaser F. 0. B.

Cars where Factory is located at the Quantity

Prices established for Zone 2, with full freight

allowed on shipments of 200 pounds and over to

the following cities:

Atlanta, Ga. Kuexville, Tenn.

Birmingham, Ala. Little Rock, Ark.

Chattanooga, Tenn. Savannah, Ga.

Charleston, &. C. Memphis, Tenn.

Columbia, 8. C. Nashville, Tenn.

Jacksonville, Fla. New Orleans, La.

or to such points as may be fixed from time to

time. ;.

To other than Jobbing Points in the follow-

ing States:

Alabama Mississippi

Arkansas North Carolina

Florida South Carolina

Georgia Tennessee

Louisiana

PAGE 6

FREIGHT

ZONE 2

JOBBING

POINTS

delivery can be made only on the basis of your JUNE IST,

being charged and paying freight from the

nearest Jobbing Point in the above list of cities,

based on respective C. L. or L. C. L. shipments.

1910

- OS NAT | eae” I ge ae S aS Leo ee Peal

GOV'T’s EX. 41—PaGEs FROM PRICE LIST.

FREIGHT ZONE—No. 3.

Goods will be sold to the Purchaser F. O. B.

Cars where Factory is located at the Quantity

Prices established for Zone 3, with full freight

allowed on shipments of 200 pounds and over,

subject to the Freight Tariff Regulations herein-

after provided for, te the following Cities:

Cedar Rapids, la. Ft. Dodge, la. Minneapolis, Minn

Davenport, Ia. Green Bay, Wis. Omaha, Neb.

Des Moines, Ia. Kansas City, Mo. St. Joseph, Mo.

Dubuque, Ia. LaCrosse, Wis. St. Paul, Minn,

Duluth, Minn. Lincoln, Neb. Sioux City, Ia.

or to such points as may be fixed from time to

time.

To other than Jobbing Points in the follow-

ing States:

lowa Missouri

Kansas Nebraska

Minnesota

delivery can be made only on the basis of your

being charged and paying freight from the

nearest Jobbing Point in the above list of cities,

based on respective C. L. or L. C. L. shipments.

NoTE:—Goods may be shipped in mixed car

loads to all points on or east of the western

bank of the Mississippi River, Minneapolis to

New Orleans and to the Atlantic Seaboard, in-

clusive. To points west of the western bank of

the Mississippi River, goods may only be shipped

in mixed car loads to points so provided for in

the Railroad Tariffs and Classifications.

PAGE 7

FREIGHT

ZONE 3

JOBBING

POINTS

JUNE IST,

1910.

84 GOV’T’s EX. 41—PAGES FROM PRICE LIST.

. FREIGHT ZONE—No. 4.

Goods will be sold to the Purchaser F. O. B.

Cars where Factory is located at the Quantity

Prices established for Zone 4, with full freight

aliowed oa shipments of 200 pounds and over,

subject to ihe Freight Tariff Regulations herein-

after provided for, to the following cities:

Aberdeen, 8S. D.

Fargo, N. D.

or to such points as may be fixed from time

to time.

To other than Jobbing Points in the follow-

ing States:

North Dakota

South Dakota

delivery can be made only on the basis of your

being charged and paying freight from the

nearest Jobbing Point in the above list of cities,

based on respective C. L. or L. C. L. shipments.

Note:—Goods may be shipped in mixed car

loads to all points on or east of the western

bank of the Mississ*ppi River, Minneapolis to

New Orleans and to the Atlantic Seaboard, in-

clusive. To points west of the western bank of

the Mississippi River, goods may only be shipped

in mixed car loads to points so provided for in

the Railroad Tariffs and Classifications.

PAGE 8

FREIGHT

ZONE 4

JOBBING

POINTS

JUNE 1ST

1910.

GOV’T’s EX. 41—PAGES FROM PRICE LIST.

FREIGHT ZONE—No. 5.

Goods will be sold to the Purchaser F. O. B.

Cars where Factory is located at the Quantity

Prices established for Zone 5, with full freight

allowed on shipments of 200 pounds and over,

subject to the Freight Tariff Regulations herein-

after provided for, to the following Cities:

Dallas, Texas

Fort Worth, Texas

Houston, Texas

Oklahoma City, Okla.

San Antonio, Texas

Wichita, Kan.

or to such points as may be fixed from time to

time.

To other than Jobbing Points in the follow-

ing States:

Oklahoma

Texas

delivery can be made only on the basis of your

being charged and paying freight from the

nearest Jobbing Point in the above list of cities,

based on respective C. L. or L. C. L. shipments.

NOTE :—Goods may be shipped in mixed car

loads to all points on or east of the western

bank of the Mississippi River, Minneapolis to

New Orleans and to the Atlantic Seaboard, in-

clusive. To points west of the western bank of

the Mississippi River, goods may only be shipped

in mixed car loads to points so provided for in

the Railroad Tariffs and Classifications.

PAGE 9

FREIGHT

ZONE 5

JOBBING

POINTS

JUNE 18ST

1910.

PERL REL ST IC i te

86 GOV'T’S EX. 41—PAGES FROM PRICE LIST.

FREIGHT ZONE—No. 6.

Goods will be sold to the Purchaser F. O. B.

Cars where Factory is located at the Quantity

Prices established for Zone 6, with full freight

allowed on shipments of 200 pounds and over,

subject to the Freight Tariff Regulations herein-

after provided for, to the following ¢ ‘ities :

DENVER, COLO.

PUEBLO, COLO.

or to such points as may be fixed from time to

Lime.

To other than Jobbing Points in the follow-

ing States:

COLORADO

WYOMING

delivery can be made only on the basis of your

being charged and paying freight from the

nearest Jobbing Point in the above list of Cities,

based on respective C. L. or L. C. L. shipments.

Nore:—Goods may be shipped in mixed car

loads to all points on or east of the western

bank of the Mississippi River, Minneapolis to

New Orleans and to the Atlantic Seaboard, in-

clusive. To points west of the western bank

of the Mississippi River, goods may only be

shipped in mixed carloads to points so provided

for in the Railroad Tariffs and Classifications.

On L. C. L. Shipments from Stock, Jobbers

shall allow full freight to all non-jobbing points

in Zone 6.

PAGE 10.

FREIGHT

ZONE 6

JOBBING

POINTS

JUNE IST,

1910.

GOV'T’s EX. 41—PAGES FROM PRICE LIST.

FREIGHT ZONE—No. 7.

Goods will be sold to the Purchaser F. O. B.

Cars where Factory is located at the Quantity

Prices established for Zone 7, with full freight

allowed on shipments of 200 pounds and over,

subject to the Freight Tariff Regulations herein-

after provided for, to the following cities:

Salt Lake City, Utah

or to such points as may be fixed from time to

time.

To other than Jobbing Points in the follow-

ing States:

Southern Idaho (South of 45th Parallel)

Utah

delivery can be made only on the basis of your

being charged and paying freight from the

nearest Jobbing Point in the above list of cities,

based on respective C. L. or L. C. L. shipments.

NOTE :—Goods may be shipped in mixed car

loads to all points on or east of the western

bank of the Mississippi River, Minneapolis to

New Orleans and to the Atlantic Seaboard, in-

clusive. To points west of the western bank of

the Mississippi River, goods may only be shipped

in mixed car loads to points so provided for in

che Railroad Tariffs and Classifications.

On L. C. L. Shipments from Stock, Jobbers

shall allow full freight to all non-jobbing points

in Zone 7.

PAGE 11

FREIGHT

ZONE 7

JOBBING

POINTS

JUNEI1ST 4

1910

| ened LAR DOP a io ER AE NSS Te ASV

ne ee oan oe

88 GOV’T’s EX. 41—PAGES FROM PRICE LIST.

FREIGHT ZONE—No. 8.

PAGE 12

Joods will be sold to the Purchaser F. O. B.

Cars where Factory is located at the Quantity

Prices established for Zone 8, with full- freight

allowed on shipments of 200 pounds and over,

subject to the Freight Tariff Regulations herein-

after provided for, to the following city:

Butte, Montana

or to such points as may be fixed from time to FREIGHT

time. ZONE 8

JOBBING

No other than Jobbing Points in the follow- POINTS

ing State:

Montana

delivery can be made only on the basis of your

being charged and paying freight from the above

ments.

Nore:—Goods may be shipped in mixed car

loads to all points on or east of the western

bank of the Mississippi River, Minneapolis to

New Orleans and to the Atlantic Seaboard, in-

clusive. To points west of the western bank of

the Miscissippi River, goods may only be shipped

in mixed car loads to points so provided for

in the Railroad Tariffs and Classifications.

On L. C. L. Shipments from Stock, Jobbers JUNE 1ST,

shall allow full freight to all non-jobbing points 1910

in Zone 8.

i SRL “

tes

Hie RN RR a TS ALTAR Ee ee Or RRO ea is ate Ba. le a a RK

GOV’T’s EX. 41—PAGES FROM PRICE LIST.

FREIGHT ZONE—No. 9.

Goods will be sold to the Purchaser F. O. B.

Cars where Factory is located at the Quantity

Prices established for Zone 9, with full freight

allowed on shipments of 200 pounds and over,

subject to the Freight Tariff Regulations herein-

after provided for, to the following city:

Spokane, Washington

or to such points as may be fixed from time to

time.

To other than Jobbing Points in the follow-

ing States:

Northern Idaho (North of 45th Parallel)

Eastern Washington (East of 120th Meridian )

delivery can be made only on the basis of your

being charged and paying freight from the above

city, based on respective C. L. or L. C. L. ship-

ments.

NOTE :—Goods may be shipped in mixed car

loads to all points on or east of the western

bank of the Mississippi River, Minneapolis to

New Orleans and to the Atlantic Seaboard, in-

clusive. To poinis west of the western bank of

the Mississippi River, goods may only be shipped

in mixed car loads to points so provided for in

the Railroad Tariffs and Classifications.

On L. C. L. Shipments from Stock, Jobbers

shall allow full freight to all non-jobbing points

in Zone 9.

PAGE 13

FREIGHT

ZONE 9

JOBBING

POINTS

JUNEIST, 4

1910

Rett Noh ee We NO ake g es cr ye

90 GOV'T’S EX. 41—PAGES FROM PRICE LIST.

FREIGHT ZONE—No. 10.

Goods will be sold to the Purchaser F. O. B.

Cars where Factory is located, at the Quantity

Prices established for Zone 10, with full freight

allowed on shipments of 200 pounds and over,

subject to the Freight Tariff Regulations herein-

after provided for, to the following cities:

Los Angeles, Cal. San Diego, Cal.

Oakland, Cal. San Francisco, Cal.

Portland, Oregon Seattle, Wash.

Sacramento, Cal. Tacoma, Wash.

or to such points as may be fixed from time to

time.

To other than Jobbing points in the follow-

ing States:

California,

Nevada

Oregon

Washington (west of 120th Meridian)

delivery can be made only on the basis of your

being charged and paying freight from the

nearest Jobbing Point in the above list of cities,

based on respective C. L. or L. C. L. shipments.

Nore:—Goods may be shipped in mixed car

loads to all points on or east of the western

bank of the Mississippi River, Minneapolis to

New Orleans and to the Atlantic Seaboard, in-

clusive. To points west of the western bank of

the Mississippi River, goods may only be shipped

in mixed car loads to points so provided for in

the Railroad Tariffs and Classifications.

On L. C. L. Shipments from Stock, Jobbers

shall allow full freight to all non-jobbing points

in Zone 10.

PAGE 14

FREIGHT

ZONE 10

JOBBING

POINTS

JUNE IST,

1910

~ = =e <5 ee, A IE OT eR Sori ee 9 a ae

GOV'T’s EX. 41—PAGES FROM PRICE LIST.

FREIGHT ZONE—No. 11.

Goods will be sold to the Purchaser F. O. B.

Cars where Factory is located, at the Quantity

Prices established for Zone 11, with full freight

allowed on shipments of 200 pounds and over,

subject to the Freight Tariff Regulations herein-

after provided for, to the following city:

Pheenix, Arizona

or to such points as may be fixed from time to

time.

To other than Jobbing Points in the follow-

ing States:

Arizona

New Mexico

delivery can be made only on the bases of your

being charged and paying freight from the

nearest Jobbing Point in the above list of cities,

based on respective C. L. or L. C. L. shipments.

Nove :—Goods may be shipped in

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