# Transcript of Record — Standard Sanitary Mfg. Co. v. United States > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386001_0544%3A2 ## Record - **Collection:** Supreme Court brief - **Document type:** Transcript of Record - **Published:** January 1, 1912 - **Citation:** 226 U.S. 20 ## Text SRNR SE ti . pcan om 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 te ; Exhibit ing for appointment of Price and Schedule Committee........--+-++- te 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 il Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibits 15-2. Exhibit 6. 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 sign in order to obtain goods from 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 10 13 “wW =I 32 40 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......-- Iv Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit 25. 30. 31. 32. rd » 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 42 42 46 49 . oes ss — | ' Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit 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 Vi Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit 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 Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit 56. cr =I 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 Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit 64. 65. 66. 68. 69. bo 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 Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit 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 141 143 144 146 147 147 148 148 i aa Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit 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 Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit 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 169 170 171 173 174 174 175 Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit 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 184 185 185 187 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 Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit 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 e 241 264 268 271 XVII Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit 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 re 299 300 300 301 302 INGEN SON PS BA LEDER PLA OR OREN ON RIO xx 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 Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit 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 Exhibit Exhibit Exhibit 2 Exhibit 2 exhibit ° Exhibit ° Exhibit Exhibit exhibit 2: Exhibit : 211. 212. 218. 214. 219. 220. te — oa 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 ee 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 Exhibit 23 Exhibit 2: exhibit Exhibit exhibit Exhibit Exhibit Exhibit te 4 =! 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 424 426 426 427 427 427 430 431 Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit : 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 ; : i 435 : 436 436 437 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 em ¥ ts . 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. o 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: ie 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 2 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 Pa 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. 2 18 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 ee ————————————————————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. 2 ~ 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. 1 2 ROYALTY REBATES. 3 se 4 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. 1 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 = . 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. Ce 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 - ® BY 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 ou he 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 | SS 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 , 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 Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Sept. 26th. 1899, No. 633,941 Nov. 9th. 1909, No. 939,918 Feb. 15th. 1910, No. 949,625 ‘(Enlarged Reproduction) 2 “ — aay Vibe . Pe MGR Ree 100 Gov’T’s EX. 45—WAYMAN’S INSTRUCTIONS TO JOBBERS. charges from the nearest Jobbing Point based on the weights given in the Sheets and at the rates given in the Freight Equalizing Tariff Schedule. BOXING AND CRATING These charges will be made on all goods by the Manu- facturers and must be made by all Jobbers in the Resale at the Prices given in the Sheets. These prices are net (subject to the Discounts and Rebates only that are named in the “Jobbers License Agreement.” The same applies to charges for Drilling, Decorating and other miscellaneous items shown in the Sheets. SALES BY JOBBERS TO OTHER JOBBERS. Sales by one Jobber to another cannot be made at any better prices than those established in the Resale Sheets. GUARANTEES The various conditions respecting Guarantees under which the Ware is purchased by the Jobber shall not be varied in the Resale to the Plumber. Partic- ular attention is called to the practice that has been established in the past of labelling Non-Guaranteed Baths with the Jobbers Guaranteed Label. This practice will be considered a violation of the Job- bers’ License Agreement. Additional Sheets will be issued as fast as possible on items not covered in the enclosed Sheets. The discounts herein named have been compiled with as much care and accuracy as would permit in the short time allotted to distributing these sheets to the jobbing trade, and you will confer a great favor by reporting promptly any apparent discrepancies or errors. Yours truly, E. L. WAYMAN, TAcensor. Dip UV AZ at iE ASS WN GLE PLEA Set PY BE OSE LE Sy ALIAS HAD PRB a aR GOV’T’S EX. 46—WAYMAN TO THE MANUFACTURERS. 101 PETITIONER’S EXHIBIT No. 46. Filed Nov. 1, 1910. At the time you send out the Jobbers’ Agreement Con- tracts to your Trade, copies of which I will furnish you this week, please write them the following letter without any change in the wording given. “Enclosed find copies in duplicate of Con- tracts covering the purchase of Licensed Sanitary Enameled Iron Ware for the period beginning June Ist. and ending Dec. 31st, 1910. Kindly ex- ecute both copies and return one copy to us at one. It is necessary for you to ex- ecute these Contracts before we can sell you Licensed Sanitary Enameled Ware.” Yours very truly, (Signed ) Company Yours truly, Licensor. MS) YEO aby i RRR ah eee Pete pee are nes ai ope ip teh ARAB 0S BORE BMA RRR Spies 4 102 GOVERNMENT'S EXHIBIT 47. PETITIONER'S EXHIBIT No. 47. Filed Nov. 1, 1910. May 28, 1910. Mr. F. J. Torrance, c/o Standard Sanitary Mfg. Co., Pittsburg, Penna. Dear Sir :— At the time you send out the Jobbers’ Agreement Con- tracts to your Trade, copies of which I will furnish you this week, please write them the following letter without any change in the wording given. “Enclosed find copies in duplicate of Con- tracts covering the purchase of Licensed Sanitary Enameled Iron Ware for the period beginning June Ist. and ending Dec. 31st. 1910. Kindly ex- ecute both copies and return one copy to us at once. It is necessary for you to ex- cute these Contracts before we can sell you Licensed Sanitary Enameled Ware.” Yours truly, Signed: Company Yours truly, Signed: E. WAYMAN. Licensor. Mr. Gregg: I want 500 (in numbers) such letters printed im- mediately. F. J. T. atin Hie Bee E NR 9S LET LRN RO Gee RIERA INTE ; “ cae 1660 sci z is, GOVERNMENT'S EXHIBITS 48 AND 49. 103 PETITIONER'S EXHIBIT No. 48. Filed Noy. 1, 1910 Feb. 10. 1910. E. L. Wayman, Pittsburg, Pa. Dear sir :— Acknowledging yours of the 7th regarding resale price and license arrangement. We are not prepared to state to- day that we would enter into a license arrangement and consequently are not sending you a list of our patents. As you know, we are opposed to price agreements, but we are interested in anything which pertains to the better- ment of business conditions and if anything develops along the line you have in mind we are satisfied at any and all times to market our output at prices equal to those of the Standard Sanitary Mfg. Company. Very truly yours, J. M. KOHLER SONS Co., per— Pres. WJIK-W PETITIONER’S EXHIBIT No. 49. Filed Nov. 1, 1910 Feb. 12, 1910. Walter J. Kohler, Pres., J. M. Kohler Sons Co., Sheboygan, Wis. Dear Sir :— I am pleased to acknowledge receipt of your letter of the 10th with reference to Re-sale Prices and License Agree- ment. I do not know how this matter is going to work out, but your letter leads me to believe that if something along these lines can be worked out that will be legitimate and worth while that I can count on your cooperation. Yours very truly, E. L. WAYMAN, Commissioner. June 28, 1910 104 GOVERNMENT'S EXHIBIT 50. PETITIONER’S EXHIBIT No. 50. Filed Nov. 1, 1910 Feb. 14, 1910. Mr. E. L. Wayman, Pittsburg, Pa. Dear sir :— Resale Price and License Arrangement. Answering yours of the 12th, as you know, from repeated conferences and some correspondence had with us, we are not very enthusiastic about the license arrangement and will not comimit ourselves at present to the statement that we will join if it is formed. In our letter of the 14th we intimated that if a license arrangement was worked out and we decided at that time to become parties to this agree- ment, or to cooperate as outsiders, that we would in that event be satisfied to sell our goods on the same basis as the Standard Sanitary Mfg. Company. Yours very truly, J. M. KOHLER SONS CO. per— Pres. WJIK-W Res 4 sein deadlines 7 ea Naan SIT De it AAR SRN Rt AS HP Mes RTE. acta Mab we GOVERNMENT'S EXHIBIT 51. 105 PETITIONER’S EXHIBIT No. 51. Filed Nov. 1, 1910 i Feb. 25. 1910. Mr. W. J. Kohler, c/o J. M. Kohler Sons Co., Sheboygan, Wis. Dear sir :— Can you attend a meeting next Wednesday morning at Chicage of the companies to whom this letter is addressed for the purpose of trying to arrive at some definite recom- mendations to be made to the Special Meeting of all the Companies which is to be called the first part of next month at New York regarding Licenses and Re-sale prices? The market conditions are such that this matter ought to be settled without further delay and I would thank you to telegraph me not later than Monday if you can attend. Yours very truly, E. L. WAYMAN, Commissioner. Copies to Hl. M. Hoeischer L. Wolff Mfg. Co. I. J. Torrance Standard Sanitary Mfg. Co. A. H. Chine, Jr. U. S. Sanitary Mfg. Co. W. J. Kohler J. M. Kohler Sons Co. Hl. T. Gates McCrum-Howell Co. J. B. Murphy J. M. Kohler Sons Co. 20 CONRAIL IES per pees es me, > revere sp otal) Te an MLD Sis Ea lA AA SLE A EIA! Sa SPL TAO AAC IG —_ Pe ee — 2 WOR Hie Re nk a RO ae Bw 106 Gov'T’s EX. 52—WAYMAN TO KOHLER. PETITIONER’S EXHIBIT No. 52. Filed Nov. 1, 1910. March 16, 1910. Walter J. Kohler, Pres., J. M. Kohler Sons Co., Sheboygan, Wis. Dear Sir :— I enlose copy of Memorandum of Agreement which has been signed by the following Companies that I have had the opportunity of seeing— The MeCrum-Howell Co., Blairsville Enameled Ware Co., National Sanitary Mfg. Co., The Barnes Mfg. Co., Standard Sanitary Mfg. Co., L. Wolff Mfg. Co., United States Sanitary Mfg. Co., A. Weiskittel & Son Co., The Humpiryes Mfg. Co., Union Sanitary Mfg. Co. ees —— Giusei A iy a CS ap Ae AO prt INR A ee TCL et ENS all NE LO Sint incl: GOVERNMENT'S EXHIBIT 53. 107 PETITIONER’S EXHIBIT No. 53. Filed Nov. 1, 1910. March 21, 1910. Mr. E. L. Wayman, Pittsburg, Pa. Dear Sir :— We have your letter of March 16th. with enclosed copy of tentative agreement entered into by certain manufac- turers regarding license arrangement and re-sale prices. We have taken this question up with competent counsel, who advise that it is openly a price agreement and there is no question in his mind that it would be so considered, and is therefore in conflict with the laws of Wisconsin. Under the circumstances we do not feel that we are in a position to enter into this agreement, although if a satisfactory ar- rangement can be worked out whereby we co-operate with your association we would do so. Very truly yours, (Signed) J. M. KOHLER SONS CO., per— WJIK-D Pres. 2 ¥ tes ae i si a td we dg Sapte st AOL LADLE DLA CREE Haga GAEL ie RARER ae 2 106 GOV’T’s EX. 52—WAYMAN TO KOHLER. PETITIONER’S EXHIBIT No. 52. Filed Nov. 1, 1910. March 16, 1910. Walter J. Kohler, Pres., J. M. Kohler Sons Co., Sheboygan, Wis. Dear Sir :— I enlose copy of Memorandum of Agreement which has been signed by the following Companies that I have had the opportunity of seeing— : The MeCrum-Howell Co., Blairsville Enameled Ware Co., National Sanitary Mfg. Co., The Barnes Mfg. Co., Standard Sanitary Mfg. Co., L. Wolff Mfg. Co., United States Sanitary Mfg. Co., A. Weiskittel & Son Co., The Humphryes Mfg. Co., Union Sanitary Mfg. Co. RARE LOSE ARE IRAN TRAM A RAPER ES IMAM REESE LEE BES NTR IANS Men CRS RTD GOVERNMENT'S EXHIBIT 53. 107 PETITIONER’S EXHIBIT No. 53. Filed Nov. 1, 1910. March 21, 1910. Mr. E. L. Wayman, Pittsburg, Pa. Dear Sir :— We have your letter of March 16th. with enclosed copy of tentative agreement entered into by certain manufac- turers regarding license arrangement and re-sale prices. We have taken this question up with competent counsel, who advise that it is openly a price agreement and there is no question in his mind that it would be so considered, and is therefore in conflict with the laws of Wisconsin. Under the circumstances we do not feel that we are in 2 nosition to enter into this agreement, although if a satisfactory ar- rangement can be worked out whereby we co-operate with your association we would do so. Very truly yours, (Signed) J. M. KOHLER SONS CO., per— WJK-D Pres. 2 108 GOVERNMENT'S EXHIBIT 54. PETITIONER’S EXHIBIT No. 54. Filed Noy. 1, 1910. March 23, 1910. Walter J. Kohler, Pres., J. M. Kohler Sons Co., Sheboygan, Wis. Dear Sir :— There will be a special meeting of the Manufacturers for the purpose of entering into a License Agreement covering the Manufacture of Sanitary [ron Enameled Ware at the Hotel Astor, New York City, beginning at 10:30 A.M. Tues- day morning, March 29th., and concluding probably the 380th. The Hotel Management has placed at our disposal two Committee Rooms on the 8th floor free of charge, in con- sideration of which I would suggest that you stop at the “Astor” if possible. Tomorrow I will send you copies of the License Agree- ment and the Jobbers’ Agreement, etc. The entire matter together with the wording of the contracts has been passed on by competent counsel. Please come to the meeting prepared to file your “Future Delivery Orders.” Please advise if you will attend. Yours very truly, (signed) E. L. WAYMAN. GOVERNMENT'S EXHIBIT 55. 109 PETITIONER’S EXHIBIT No. 55. Filed Noy. 1, 1910. March 29, 1910. Telegram. W. J. Kohler, c/o J. M. Kohler Sons Co. All manufacturers except you and Weiskittel represented at meeting. Weiskittel here to-night. 15 members here in person, balance by letter and wire. After a thorough con- sultation with attorney Jackson of Noble, Jackson & Hub- bard we are all satisfied entire proposition is absolutely legal and more feasible and easier to handle than electrical proposition which has been in force several years. Sense of meeting favorable to license agreement and re-sale propo- sition. 91% of production voting favorable, some await consultation and consent of their associates or counsel. Members desire your wire time for tomorrow's meeting ‘alled for 10 A.M. E. L. WAYMAN. et ee a ee ane e ee See Tee yee 2 110 GOVERNMENT'S EXHIBITS 56 AND 57. PETITIONER’S EXHIBIT No. 56. Filed Noy. 2, 1910. June 28, 1910. Mar. 29, 1910. Telegram. Night Letter. Mr. E. L. Wayman, Hotel Astor, New York. You know our position on this question at present. Due to absence of counsel from city, we will not commit our- selves further on proposition now. If you will submit to us papers adopted at your meeting we will give matter further consideration. (signed) WALTER J. KouLer. Pd. PETITIONER'S EXHIBIT No. 57. Filed Nov. 2, 1910. Mar 31, 1910. _ Telegram. Walter J. Kohler :— Matter shaped up here today and signed. Members pleased at your reply, as we can satisfy you legal end. Will you meet me Chicago or Sheboygan Saturday? Will submit brief and court decision. Would mail papers but cannot do so. Wire appointment to Pittsburg. E. L. WAYMAN. Pd. (Night Letter). GOVERNMENT'S EXHIBITS 58 AND 59. lil PETITIONER’S EXHIBIT No. 58. Filed Nov. 2, 1910. Mar. 31, 1910. Telegram. E. L. Wayman 1509 Arrott Bldg., Pittsburg, Pa. Our attorney will not be home before 7th. However, if you desire, can meet you at our Chicago office at nine Satur- day morning, second, to discuss matters. Pd. WALTER J. KOHLER. PETITIONER’S EXHIBIT No. 59. Filed Nov. 2, 1910. Mar. 31, 1910. Walter J. Kohler— Will meet you 9 A.M. Saturday at your Chicago office. Pd. (signed) E. L. WAYMAN. is Bere’ 4 114 GOVERNMENT'S EXHIBITS 63 AND 64. PETITIONER’S EXHIBIT No. 63. Filed Nov. 2, 1910. April 29, 1910. Mr. E. L. Wayman, Pittsburgh, Pa. Dear Sir :— Answering yours of April the 27th. Our Company is incorporated under the state laws of Wisconsin. As ad- vised you sometime ago, we will not enter into a license agreement and therefor will not be represented at the meeting in New York next week. Very truly yours, J. M. KOHLER SONS CO., per— Pres. PETITIONER’S EXHIBIT No. 64. Filed Nov. 2, 1910. May 2, 1910. Dear Mr. Kohler :— Notwithstanding your recent letters, I am enclosing you copies of the final forms for your perusal. 1 sincerely hope that you and Mr. Murphy will at least attend the meeting to be held at New York Friday. With kindest regards, I am, Yours very truly, (Signed) E. L. WAYMAN. GOV'T’S EX. 65—-WAYMAN TO HANLEY. 115 PETITIONER’S EXHIBIT No. 65. Filed Noy. 2, 1910. Mr. Frank S. Hanley, Dec. 7th, 1909 261 Broadway, New York. Personal Dear sir :— Replying to your recent letters with reference to the Manufacturers selling concerns who did not come within the definition of a Jobber as defined by the National Trade Resolutions. At the meetings of the Manufacturers’ held Noy. 30th and Dec. Ist, the question of the policy of the Manufae- turers selling concerns who in turn did not confine their sales through the recognized trade channels, i. e., through the Plumber and not direct to the Consumer, was dis- cussed. No concerted action on this matter was taken, but each Manufacturer present expressed himself to the ef- fect that in the future he would confine his sales to such Companies that came within the definition of a Jobber or Plumber as defined by the National Trade Resolutions and that he would individually refuse to sell Jobbers who in turn did not confine their sales through the recognized trade channels. This individual expression was given with the under- standing that the Manufacturers would receive support from the Jobbers in this matter. No concerted action on this matter was taken for reasons which you well know. Attention was called to the fact that the Manufacturers had come in contact with several instances in which the Jobbers were doing the very thing they have been asking the Manufacturers not to do. The Manufacturers, desire to receive assurances that the Jobbers will do their part in supporting them in bringing about a better condition of affairs in this respect. In view of all the efforts that have been made to get the Manufacturers unto this frame of mind, the Jobbers should consider this matter seriously, as it is undoubtedly the best opportunity that has been presented to them to co- operate with the Manufacturers and eliminate the possi- bility of illegitimate concerns securing goods. Will you be kind enough to take this up through the proper channels and let me hear from you? Yours very truly, 116 Gov’T’s EX. 66—DUES OF MEMBERS SAN. EN. WARE ASS. PETITIONER’S EXHIBIT No. 66. Filed Nov. 2, 1910. ASSESSMENT FOR YEAR BEGINNING AUGUST 5TH, 1909. . - . “ FEBRUARY 5TH, 1910. Quarter. Blairsville Enameled Ware Co. $ 150.00 $ 225.00 $ 37.50 $ 56.25 Barnes Mfg. (o., The 200.00 300.00 50.00 75.00 Cahill Iror. Works, The 400.00 600.00 100.00 150.00 Colwell Lead Co. ° 150.00 225.00 37.50 56.25 Clymer Mfg. Co. 150.00 225.00 37.50 37.50 Day-Ward Co., The 300.00 450.00 75.00 112.50 Humphryes Mfg. Co. 300.00 450.00 75.00 112.50 Iron City Sanitary Mfg. Co. 500.00 750.00 125.00 187.50 Kohler Sons Co., J. M. 500.00 750.00 125.00 187.50 Mott Iron Works, J.L. = 300.00 450.00 75.00 112.50 MeVay & Walker 200.00 300.00 50.00 75.00 McCrum-Howell ©o. 300.00 450.00 75.00 112.50 National Sanitary Mfg. Co. 300.00 450.00 75.00 112.50 Standard Sanitary Mfg. Co. 2700.00 4050.00 675.00 1012.50 Union Sanitary Mfg. Co. 300.00 450.00 75.00 112.50 United States Sanitary Mfg. Co. 500.00 750.00 125.00 187.50 Wolff Mfg. Co., L. 750.00 1125.00 187.50 28125 Weiskittel & Son, A. 300.00 450.00 75.00 112.50 Wheeling Enameled Iron Co. 200.00 300.00 50.00 75.00 $8500.00 $12750.00 $3187.50 _ one Ra peri Lt een. ae eee. be ASS TRIS 4 BS ARETE A NO Betcha, Pe: GOV’T’S EX. 67—AG'T FOR ASSIGNMENT DITHRIDGE PATENT. 117 PETITIONER’S EXHIBIT No. 67. Filed Nov. 2, 1910. AGREEMENT This Agreement made this 5th day of May, 1910, by and between Epwin* L. WayMan, of Pittsburg, Allegheny County, Pennsylvania, party of the first part, and the J. L. Mott Iron Works, a corporation organized and existing under the laws of the State of New York, having a place of business at the City, County and State of New York, 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 the following Letters Patent, viz: Pat. No. Date Inventor Title 949,625 Feb. 15th, 1910 E. Ditheridge. . Pneumatic Sieve AND WHEREAS 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 seeond 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. Second. 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 any time after the expiration of two 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 reassignment, that he will at once, and without further consideration, execute and deliver any and all papers nec- essary to effect such reassignment. IN WITNESS WHEREOF, the party of the first part has affixed his hand and seal the day and year first above SP ee ARs Ai Nat DEIR PENA agli Rig ni A 118 Gov’r’s EX. 67—AG’T FOR ASSIGNMENT DITHRIDGE PATENT. 1 written, and the party of the second part has caused these presents to be executed by its Secretary. (signed) Epwin L. WAYMAN [SEAL.] (signed) THE’ J. L. MOTT [TRON WORKS, MAX GOEBEL, Secretary. In presence of WILLIAM J. J. BOWMAN (signed ) 2—392. 2 DEPARTMENT OF THE INTERIOR, UNITED STATES PATENT OFFICE. Received and Recorded on the 2nd day of June, 1910, in Liber M, 84, page 269 of Transfers of Patents. IN TestTiMONY WHeEREOF, I have caused the [ SEAL. | seal of the Patent Office to be hereunto affixed. 3 (Signed) E. B. Moors, Ex'd. Commissioner of Patents. E.H.C. Baber oo Six Pe ine GOV'T’S EX. 68— ASSIGNMENT, DITHRIDGE PATENT. 119 PETITIONER'S EXHIBIT No. 68, Filed Noy. 2, 1910. ASSIGNMENT. WHEREAS, The J. L. Mott Iron Works, a corporation organized and existing under the laws of the State of New York, and having a place of business at the City of New York, County and State of New York, is the owner of all the right, title and interest in and to the following Letters Patent, viz: Pat. No. Date Inventor Title 949,625 Feb. 15th,1910 — E. Dithridge. . Pneumatic Sieve. AND WHEREAS, Edwin L. Wayman, a resident of Pitts- burg, Allegheny County, desires to acquire all right, title and interest in and to said patent, and in and to the in- vention covered, or intended to be covered, thereby: NoW, THEREFORE, be it known, that for and in econ- sideration of the sum of Fire hundred Dollars by the said Edwin L. Wayman in hand paid, the receipt of which is hereby acknowledged, The J. L. Mott Iron Works aforesaid has assigned, sold and transferred, and by these presents does assign, sell and transfer, unto the said Edwin L. Way- man, the entire right, title and interest in and to said Letters Patent and invention, the same to be held and en- joyed by the said Edwin L. Wayman, his heirs, executors, administrators and assigns, as fully and completely as’ the same would have been held and enjoyed by said The J. L. Mott Iron Works had this sale and assignment not been made. IN WITNESS WHEREOF, The J. L. Mott Iron Works has caused these presents to be signed by its Secretary this fifth day of May 1910. THE J. L. MOTT IRON WORKS. [Seat] MAX GOEBEL, Secretary. In presence of W. J. J. BOWMAN Sey Si Ae A Net 2 aI ONS AP ca a sted ce | 6 Tie ee te) pane a 28 Sia . : LEP ELD AP PERE ARP ALE A: EL AL PA Ni AO na ag ee a ae 120 Gov’T’s EX. 68—ASSIGNMENT, DITHRIDGE PATENT. 1 State of New York ses City and County of New York.) ~~" Isefore me, a Notary Public for said County, personally appeared Max Goebel, known to me to be the Secretary of The J. L. Mott Iron Works 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. Wrrness my hand and seal this 5th day of May 1910. CHAS. BANNENMULLER { SEAL. ] Notary Public, New York County. My Commission Expires March Sist, 1911. al Te ee Oe Lae wr eas 2% oi Gov’?’s EX. 69—AG'T FOR ASSIGNMENT LINDSAY PATENT. 121 PETITIONER’S EXHIBIT No. 69. Filed Noy. 2, 1910. AGREEMENT. This Agreement made this 4th day of May, 1910 by and between Epwin L. WayYMANn, of Pittsburgh, Allegheny County, Pennsylvania, party of the first part, and the L. Wolff Manufacturing Company, a corporation organized and existing under the laws of the State of Illinois, having a place of business at Chicago, Cook County, State of I}llinois, 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 the following Letters Patent, viz: Pat. No. Date Inventor Title 939,918 Noy. 9th, 1909 William Lindsay Enameling Powder Distributor. AND WHEREAS 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 consideratton of a cash payment by the party of the first part, to be here- after agreed upon, and for and in consideration of the fol- lowing covenant on the party of the first part. Second. 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 two years from the date thereof, 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 reassignment. IN WitNess WHEREOF, the party of the first part has 122 GovV’T’SEX. 69—AG’T FOR ASSIGNMENT LINDSAY PATENT. 1 affixed his hand and seal the day and year first above written, and the party of the second part has caused these presents to be executed by its Vice President and attested by its Secretary. Epwin L. WAYMAN [SEAL] L. WOLFF MFG. CoO. By JNo. CLirrorD, V. P. Attest: HERMAN M. HOELSCHER Secretary. 5) 2—392, DEPARTMENT OF THE INTERIOR, UNITED STATES PATENT OFFICE. RECEIVED and RECORDED on the 21st. day of June 1910 in Liber Y, 84, page 125 of Transfers of Patents, IN TESTIMONY WHEREOF, [ have caused the seal [ SEAL. ] of the Patent Office to be hereunto af.- fixed. Exd. (Signed) E. B. Moore, 3. OE. H. G. Commissioner of Patents GOV'T’S EX. TO—ASSIGNMENT LINDSAY PATENT. 123 PETITIONER’S EXHIBIT No. 70. Filed Noy. 2, 1910. ASSIGNMENT. WHEREAS, the L. Wolff Manufacturing Company, a cor- poration organized and existing under the laws of the State of Illinois, and having a place of business at Chicago, Cook County, [llinois, is the owner of all the right, title and interest in and to the following Letters Patent, viz: Pat. No. Date Inventor Title 939,918 Nov. 19th, 1909 William Lindsay Enameling Powder Distributor. AND WHEREAS, Edwin L. Wayman, a resident of Pitts- burg, State of Pennsylvania, 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 Five Hundred ($500.00) Dollars by the said Edwin L. Wayman in hand paid, the receipt of which is hereby acknowledged, the L. Wolff Manufacturing Company 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. Wayman, his heirs, executors, administrators and assigns, as fully and com- pletely as the same would have been held and enjoyed by the said L. Wolff Manufacturing Company had this sale and assignment not been made. IN WITNESS WHEREOF, the L. Wolff Manufacturing Com- pany has caused these presents to be signed by its and attested by its Secretary, this Fourth day of May, 1910. (Signed) L. WOLFF MFG. CO. by JNO. CLIFFORD Vice-President. Attest: HERMAN M. HOELSCHER Secretary. 124 GOV'T’S EX. TO—ASSIGNMENT LINDSAY PATENT. State of Illinois, County of Cook. §° Before me, a Notary Public for said County, personally appeared John Clifford, known to me to be the Vice-Pres- ident of the L. Wolff Manufacturing Company 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. WitrNEss my hand and seal May 4, 1910. HAMILTON MOSES, Notary Public. GOV'T’s EX. TI—CALDWELL TO WAYMAN. 125 PETITIONER’S EXHIBIT No. 71. Filed Nov. 2, 1910. Do not write regarding more than one subject on this sheet. THE CAHILL [RON WORKS Chattanooga, Tenn. SUBJECT May 5, 1910. sine, oer To E. L. Wayman, 1509 Arrott Bldg., Pittsburg, Pa. Mr. E. L. Wayman, Pittsburg, Pa. Dear Sir:— We wrote you on yesterday, sending same by special delivery, ¢/o Noble, Jackson & Hubbard, Attorneys, New York; you gave no street number, but presume the letter reached you, or rather that it will reach you to-morrow morning when you are expected to be in New York. This letter states that at the present time indications were more favorable than they had been previously, as to our going into the arrangement, but that we could not say positively for a little while yet just what we would do. In the meantime there are a few questions we would like to ask: First of all, we understand that we are to make reports to Noble, Jackson & Hubbard's office, or whomever the Commissions may be, of every sale of enamel ware we make. We wish to ask whether these reports will be open to our competitors, and can they get a list of our customers, and find out just what class of goods they are getting from us? This would be quite a serious objection. We do not see why this would be necessary, and it seems to us that the Commissioners themselves could keep such information as that confidential, so far as competitive factories are con- cerned. There are other matters upon which we must be advised from time to time, but will try to take them up a little later. Could vou advise us on the above point at once? Another matter that occurred to us, was this: You say that no B grades are to be sold. Supposing at a very long a PAYED IIS 2 126 GOV'T’S EX. TI—CALDWELL TO WAYMAN. distance from home, say for instance, in Utah, Colorado, or some far away point, some jobber gets some of our goods that prove defective, we, of course, will be allowed to ad- just that matter by making a proper reduction so that the goods will not have to be returned to the factory from such a long distance. Has this matter been arranged for? Trusting to hear from you in regard to the above at your first convenience, we are, Yours very truly, THE CAHILL IRON WORKS, Per F. H. CALDWELL, (Signed) FHC-C Prest. aes Se SP RNIN NSS WS AN NPI PSUR GOVERNMENT'S EXHIBIT 72. 127 PETITIONER'S EXHIBIT No. 72. 1 Filed Nov. 2, 1910. Telegram. May 6, 1910. Hotel Manhattan, N. Y. Chattanooga, Tenn. E. L. Wayman, N. Y. Everything favorable. Can answer positive one week. F. H. CALDWELL. = Pa cant ~ 128 GOV'T’S EX. T3—CALDWELL TO WAYMAN. 1 PETITIONER'S EXHIBIT No. 73. Filed Noy. 2, 1910. Established 1875 THE CAHILL [TRON WORKS Manufacturers of PLUMBERS’ PORCELAIN ENAMELED CAST IRON WARE “SOUTHERN BEAUTY” Lavatories, one-piece roll rim and apron sinks ete. 2 Factory, corner Boyce & 13th Sts. Main Office and salesrooms, corner Boyce & 13th Sts. Cable Address “CAHILL” Chattanooga. Eastern Branch No. 76 West 36th St. Chattanooga, Tenn, U. S. A. New York City. May 7, 1910. Mr. E. ,|L. Wayman, Pittsburg, Pa. Dear Sir :— Your two telegrams received, the first one reading as fol- lows: “License matter will be concluded tomorrow shall I inelude your goods in price list now in printers hands if you are withholding answer on account of patents you expect to issue to your company will say I wilt pay vou for patents on same basis T have pur- chased others from Standard, Wolff and Mott, wire answer Manhattan Hotel”. 4 The second one: “Your letter and telegram favorably received li- censes executed this morning mailing yours.” Of course you had my reply to your first telegram, which was that I could not positively decide, but indica- tions were favorable. This is all I ean add at this time. I am sure all the gentlemen connected, yourself included, will say that I have been perfectly consistent up to this time. I am perfectly candid when I say, that while I see GOV'T’S EX. T3—CALDWELL TO WAYMAN. 129 quite a great many objections, which I suppose all the other gentlemen do, at the same time, there are objections in remaining on the outside and acting, to a certain extent, in the shape of an obstructionist. This we do not want to do, if we can prevent it. At the same time, there is still one obstacle to be overcome; how this will terminate we ‘annot say. If it is insurmountable, and we have to tell you that ‘it is impossible for us to co-operate and be one of you you must not, and we do not believe can, consistently blame me. As soon as I know whether we can join, then, of course, 1 will get all the information obtainable to determine ‘fully what to do. No doubt you have all the plans, either in printed form or in such form as you can send it to me. I will be glad for you to mail this to me upon receipt of this letter. You refer in your telegram to certain patents, on a dredger, which I will be pleased to take up with you. Of course it is not a question of money-with us that we are trying to “hold anybody up” or anything of the kind, but 1 feel satisfied we have some very decided advantages on that line that are not known to our competitors generally. Our Company wants to be perfectly reasonable in regard to t ese matters, and will be ready to take them up with you just as soon as the remaining party, referred to in our telegram this morning, reports. You certainly deserve credit for the persistency with which you have pushed this matter, and I can say very freely that vou deserve success in any event. Very respectfully, F. H. CALDWELL. (Signed). Sp teers DORSAL PI TR irae St Sian we TEM Sh ne dh ino eee Pe x 132 GOVERNMENT'S EXHIBIT 78. 1 PETITIONER’S EXHIBIT No. 78. Filed Nov. 2, 1910. COPY Do not write regarding more than one subject on this sheet. THE DAY-WARD CO. Warren, Ohio, Jan. 1ith, 1910. To E. L. Wayman, 1509 Arrott Bldg., Pittsburgh, Pa. SUBJECT. 2 Dear Sir :— The writer has gone into the question of the proposed Agreement for Licensed Manufacturers quite carefully, and has obtained some advice on same. We are advised that this is legal, and there is no question but what it can be carried through all right. There are some questions, however, that would have to be settled, viz: the schedules and the differential in prices which would be al- lowed the different manufacturers. This, we suppose could be arranged satisfactorily to all parties concerned. 3 There is one other part also which has not been touched upon, and which we think is very necessary, and that is the question of re-sale prices, the prices at which this material should be sold by the jobber to the plumber. These could be taken up and carried out. Aside from this, however, we would not care to have any- thing to do with it unless all the manufacturers of enameled ware were parties to the agreement. This, of course, includes The Standard Sanitary Mfg. Co. If they do not see their way clear to go into it, we think it would be better to let the matter drop. 4 Yours truly, THE DAY-WARD CO. Per A. G. WARD, W/F. F. GOVERNMENT'S EXHIBIT 79. 133 PETITIONER’S EXHIBIT No. 79. Filed Noy. 2, 1910. COPY W-1121004-I Jan. 12th, 1910. Mr. A. G. Ward, c/o The Day-Ward Co., Warren, Ohio. Dear Sir :— Replying to your letter of the 11th with reference to Li- cense Arrangement would state that most of the Companies are favorable to the matter on the same basis as you are, i. e., provided the Standard Sanitary Mfg. Company becomes a party to the Arrangement. Since writing you [ have been to Louisville where I took the matter up with Mr. Ahrens and Mr. Dawes. The matte: appeals to them in several ways and while they have not given me any definite answer, I believe it strikes them quite favorably. I had in mind the re-sale price feature and am preparing some papers with reference to this end of it se that when the matter is taken up I will have ready consider- 2 able information and data with reference to it. . I think the question of differentials in prices among the Manufacturers can be arranged satisfactorily to all parties concerned provided it is decided to go ahead with the matter. Yours very truly, 4 134 GOVERNMENT'S EXHIBIT 80. PETITIONER’S EXHIBIT No. 80. Filed Novy. 2, 1910. Do not write regarding more than one subject on this sheet. THE DAY-WARD CO. Warren, Ohio. March 12th, 1910 SUBJECT To E. L. WAYMAN, 1509 Arrott Building, Pittsburgh, Pa. Dear Sir :— Your letter of March 9th enclosing memorandum agree ment arrived during the writer's absence. Would say that we will look this over. It has a great many good points, and we see no reason why this could not be drafted up and made to work satisfactorily. There is one point which has been left ont, which the writer deems most important. That is the question of the orders which the manufacturers have on their books at present. Would say it will not be necessary for you to come to see the writer any particular time, but if you are in this part of the country, we wish you would stop off, as there are several matters which we would like to talk over with you personally. Yours truly, The DAY-WARD COMPANY Ww/P Per A. G. Warp (Signed) GOVERNMENT'S EXHIBIT 81. 135 PETITIONER’S EXHIBIT No. 81. Filed Nov. 2, 1910. COPY W-3151007-1 March 15th, 1910 Mr. A. G. Ward, c/o The Day-Ward Co., Warren, Ohio. Dear Sir :— Replying to your letter of the 12th, I have secured the folowing signatures to the Memorandum of Agreement: The MeCrum-Howell Co. Blairsville Enameled Ware Co. National Sanitary Mfg. Co. The Barnes Mfg. Co. Standard Sanitary Mfg. Co. L. Wolff Mfg. Co. United States Sanitary Mfg. Co. A. Weiskittel & Son Co. The Humphreyes Mfg. Co. Union Sanitary Mfg. Co. I think the matter is now an assured success and I will arrange to see you sometime the latter part of this week or possibly before that. 1 will phone you before hand so as to make sure that you are there. Yours very truly, 136 GOVERNMENT'S EXHIBITS 82 AND 83. — PETITIONER’S EXHIBIT No. 82. Filed Nov. 2, 1910. W-471005-1 April 7th, 1910 Mr. A. G. Ward, c/o Ward-Day Co., Warren, Ohio. Dear Sir :— Replying to your letter of the 6th would state that the Committee will start its session tomorrow at the Colonial Hotel, Mt. Clemens, Mich. If you think it advisable I am sure they would be glad to have you present to take up the matter in person. Your letter, however, is pretty clear on the matters you want and should any difficulties develop I will be glad to invite you to come to Mt. Clemens, if neces- sary. Yours very truly, PETITIONER’S EXHIBIT No. 83. Filed Noy. 2, 1910. Copy. W-4191001-I. April 19th, 1910. Mr. A. G. Ward, eo The Day-Ward Co., Warren, Ohio. Dear Sir :— Replying to your letter of the 18th would state that Mr. Weiskittel and Mr. Gates appeared before the Committee and signed the Agreement. Mr. Kohler advised me that after a consultation with his attorney that he will not become a part yto the arrangement. Yours very truly, GOVERNMENT'S EXHIBIT 84. 137 PETITIONER’S EXHIBIT No. 84. Filed Nov. 2, 1910. Copy. THE DAY-WARD CO. WARREN, OHIO, April 21, 1910. To E. L. Wayman, 1509 Arrott Bldg., Pittsburg, Pa. Dear Sir :— We are returning communication from The MeCrum- Howell Co. in regard to Hoy & Co. In regard to your letter W-4191001-I, would say we are very much disappointed that Kohler will not be a party to the agreement. We think we could get along without either Kohler or Ir [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386001_0544%3A2. Public record. Not legal advice.