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A SELECTIVE MICROFILM EDITION PARTY (1911-1919)

Thomas E. Jeffrey Senior Editor

Brian C. Shipley Theresa M. Collins Linda E. Endersby Editors

David A. Ranzan Indexing Editor

Janette Pardo Richard Mizelle Peter Mikulas Indexers

Paul B. Israel Director and General Editor

Sponsors

Rutgers, The State University of New Jersey National Park Service, Edison National Historic Site New Jersey Historical Commission

A UPA Collection from

fj§)' LexisNexis-

7500 Old Georgetown Rond • Bethesdn, MD 20814-6126 Edison signature used with permission of MeGraw-Edison Company

Thomas A. Edison Papers at

Rutgers, The State University of New Jersey endorsed by

National Historical Publications and Records Commission 18 June 1981

Copyright © 2007 by Rutgers, The State University

All rights reserved. No part of this publication including any portion of the guide and index or of the microfilm may be reproduced, stored in a retrieval system, or transmitted in any form bv any means— graphic, electronic, mechanical, or chemical, including photocopying, recording o* taping, or information storage and retrieval systems-without written permission of Rutgers, The State University ofNew Jersey, New Brunswick, New Jersey.

The original documents in this edition are from the archives at the Edison National Historic Site at West Orange, New Jersey.

ISBN 978-0-88692-887-2

THOMAS A. EDISON PAPERS STAFF (2007)

Director and General Editor Paul Israel

Senior Editor Thomas Jeffrey

Associate Editors Louis Carlat Theresa Collins

Assistant Editor David Hochfelder

Indexing Editor David Ranzan

Consulting Editor Linda Endersby

Visiting Editor Amy Flanders

Editorial Assistants Alexandra Rimer Kelly Enright Eric Barry

Outreach and Development (Edison Across the Curriculum) Theresa Collins

Business Manager Rachel Wcisscnburgcr

BOARD OF SPONSORS (2007)

Rutgers, The State University of New Jersey National Park Service

Richard L. McCormick Maryanne Gerbauckas

Ziva Galili Michelle Ortwein

Ann Fabian . .

Paul Clemens Smithsonian Institution

Harold Wallace

New Jersey Historical Commission Marc Mappen

EDITORIAL ADVISORY BOARD (2007)

Robert Friedel, University of Maryland Louis Galambos, Johns Hopkins University Susan Hockey, Oxford University Thomas P. Hughes, University of Pennsylvania Ronald Kline, Cornell University Robert Rosenberg, John Wiley & Sons Marc Rothenberg, Joseph Henry Papers, Smithsonian Institution Philip Scranton, Rutgers University/Hagley Museum Merritt Roe Smith, Massachusetts Institute of Technology

FINANCIAL CONTRIBUTORS

We thankfully acknowledge the vision and support of Rutgers University and the Thomas A. Edison Papers Board of Sponsors.

This edition was made possible by grant funds provided from the New Jersey Historical Commission, National Historical Publications and Records Commission, and The National Endowment for the Humanities. Major underwriting has been provided by the Barkley Fund, through the National Trust for the Humanities, and by The Charles Edison Foundation.

We are grateful for the generous support of the IEEE Foundation, the Hyde & Watson Foundation, the Martinson Family Foundation, and the GE Foundation. We acknowledge gifts from many other individuals, as well as an anonymous donor; the Association of Edison Illuminating Companies; and the Edison Electric Institute. For the assistance of all these organizations and individuals, as well as for the indispensable aid of archivists, librarians, scholars, and collectors, the editors are most grateful.

A Note on the Sources The pages which have been filmed are the best copies available. Every technical effort possible has been made to ensure legibility.

PUBLICATION AND MICROFILM COPYING RESTRICTIONS

Reel duplication of the whole or of any part of this film is prohibited. In lieu of transcripts, however, enlarged photocopies of selected items contained on these reels may be made in order to facilitate research.

LEGAL SERIES

Harry F. Miller File Richard W. Kellow File

Legal Series

This series consists of agreements, assignments, licenses, deeds, mortgages, and other legal documents, along with related correspondence and financial records that were collected or created for legal purposes. The files were maintained by Edison's personal secretaries, Harry F. Miller and Richard W. Kellow, as well as by Edison's brother-in-law, John V. Miller (no relation to Harry F. Miller), who assumed Kellow's role after 1921.

Harry F. Miller File. Harry Frederick Miller began his association with Edison in 1888 as an assistant in the office of John F. Randolph, f drop's personal business secretary. He succeeded Randolph as secretary in 1908. Miller also served as treasurer of Thomas A. Edison, Inc., and as an official in several other Edison companies.

The documents in the Miller File are arranged in three groups that parallel the arrangement of the archival record group at the Edison National Historic Site. The majority of documents in the first two groups relate to the chemical plants that Edison set up at the beginning of World War I- On the other hand, the items in Group 3, which constitutes the bulk of the Miller File, are primarily from the nineteenth and early twentieth century. Selections from the years prior to 1 91 1 have been published in previous parts of the microfilm and digital editions of the Thomas A. Edison Papers.

The documents in Group 3 were originally filed in a series of 181 numbered envelopes. These envelopes and their contents lacked consistent chronological or topical organization. Although the arrangement of folders in the archival record group at the Edison National Historic Site parallels the original envelope system, the documents selected for publication have been rearranged in chronological order.

Richard W. Kellow File. Richard Wesley Kellow began has association with Edison in 1916 as assistant secretary in the Secretarial Service Department of Thomas A. Edison, Personal. He succeeded Miller as secretary in 1917 and remained in that position until 1921.

The bulk of the material in the Kellow File dates from the period that he served as secretary, although there are earlier documents that were probably collected by Kellow in relation to later matters, along with items from after

1 921 that were most likely added to the file by John V. Miller. Selections from the years prior to 191 1 have been published in previous parts of the microfilm and digital editions of the Thomas A. Edison Papers.

The documents in the Kellow File were originally filed in a series of envelopes numbered from 1 through 259. Each envelope generally contained several documents pertaining to a particular individual, business interest, business relationship, or transaction. A few envelopes are missing from the sequence. The arrangement of folders in the archival record group at the Edison National Historic Site parallels the original envelope system. However, the folders selected for publication have been rearranged in chronological order according to the earliest document in each folder.

There is some overlap between the documents in the Miller and Kellow files. For example, items pertaining to the sale of Edison's interest in the Lansden Co., a manufacturer of electric delivery wagons, can be found in both collections. In addition, there are legal documents and correspondence in the Edison General File, closely related to the material in the Miller and Kellow files, which may at one time have been in those files.

Legal Series Records Not Selected

Legal Department Records

These records consist of correspondence, patent interference files, litigation case files, and other legal material. Established in 1904, the Legal Dept, dealt primarily with patent concerns, including applications, interferences, and infringement litigation, but it also handled a variety of other legal matters, such as real estate transactions, copyright and trademark cases and the execution of agreements, assignments, and licenses. Edison's personal attorney, Frank L. Dyer, served as general counsel of the Legal Dept, until his resignation in 1 91 2. Dyer's assistant, Delos Holden, succeeded him as head of the department and served until his retirement in 1 921 . Holden was succeeded by Henry Lanahan. Both Holden and Lanahan were assisted by William A. Hardy, who had worked as an assistant examiner with the U.S. Patent Office before joining the Legal Dept.

Selected items from this record group, primarily covering the years prior to 1911, were published in Thomas A. Edison Papers: A Selective Microfilm Edition,’ Part IV. Selections for the period 1911-1931 will be published in TAEP Part VI.

Assignments of Motion Picture Rights, 1909-1927

These documents, unprocessed as of April 2007 , consist of agreements assigning the motion picture rights to short stories, plays, and other works. Each agreement is signed by an author or publisher holding copyright and by a representative of the Edison Manufacturing Co. or Thomas A. Edison, Inc. (TAE Inc.) Purchase prices range from $1 0 to $500. Included are agreements involving authors Mary Shipman Andrews, Bessie V. Bannon, Ralph Henry Barbour, Rex Beach, Richard Harding Davis, O. Henry, and Mark Swan. Many of the rights were subsequently reassigned by TAE Inc. to Robert L. Giffen, who purchased Edison's motion picture business in 1919. Some were reassigned to George Kleine, one of the founders of the Kalem Co., who formed a producing and distributing company known as the Kleine-Edison Feature Film Service in 1915.

LEGAL SERIES HARRY F. MILLER FILE

Legal Series Harry F. Miller File

The Harry F. Miller File contains contracts, financial material, correspondence, interoffice communications, and other legal and business records that were maintained by Miller in his capacities as Edison s personal business secretary (1908-1917) and as an official in several Edison companies. The dated items cover the years 1911-1 923. There are also a few undated ledger sheets that are probably from the early 1900s. Most of the documents for the period 1917-1923 were handled by Millers assistant, Richard W. Kellow, who succeeded him as secretary of Thomas A. Edison, Personal.

The documents are arranged in three groups that parallel the arranqement of the archival record group at the Edison National Historic Site. An item level finding aid forthe record group is available. Related material can be found in the Richard W. Kellow File (Legal Series) and in the Edison General File Series.

Group 1 :

Benzol Plant Correspondence (1915)

Group 2:

Ledger Sheets (ca. 1907)

Allis-Chalmers Case Settlement (1911)

Financial Material (1913-1914)

Chemical Correspondence and Contracts (1915-1919)

PLegal and Personal Business Records (1911-1923)

Legal Series Harry F. Miller File Records Not Selected

Group 1

Meadowcroft Memoranda (1919-1924). Seven folders of routine interoffice communications to Miller from Edison's personal assistant, William H. Meadowcroft. The documents, which were originally stored together in a black binder, deal with mundane financial matters such as U.S. money orders, stamps, and currency.

Letterbook, (1907-1916). Selections from this letterbook appear in Thomas A. Edison Papers: A Selective Microfilm Edition, Part IV.

Group 2

In addition to the unselected items characterized in the editorial descriptions for the four selected folders, unselected documents include production and shipment records for paraphenylenediamine, 1916; building permits and applications for new structures at Silver Lake, New Jersey, 1916; documents relating to the formation of Canadian Edison Phonographs, Ltd., 1 920; routine monthly statements for a rarely-used Edison account at the First National Bank in West Orange, 1920-1925; receipts to Mina Miller Edison for mortgage payments on property owned by her on 10 Fifth Avenue in New York City, 1920-1925; and fur storage receipts for Mina Edison, 1928-1929, issued to her brother John V. Miller.

Legal Series -- Harry F. Miller File Group 1: Benzol Plant Correspondence (1915)

This folder, which covers the period January-April 1915, contains correspondence relating to the construction of plants to reclaim benzol from coal gases atthe works of the Cambria Steel Co. in Johnstown, Pennsylvania, Woodward Iron Co. in Woodward, Alabama; and Dominion Iron & Steel Co in Svdney Nova Scotia. Most of the items are routine orders for parts and materials, handled by Edgar S. Opdyke, purchasing agent for the Edison Portland Cement Co. and manager of several of Edison s chemical plants at Silver Lake, New Jersey. Other correspondents include Harry F. Milter, who received copies of the orders from Opdyke for approval. Some of the items bear brief marginal notations by Edison.

Approximately 15 percent of the documents have been selected. The unselected material consists of routine orders, shipping records and correspondence pertaining to orders for the Edison Portland Cement Co.

. ^^amubd&lUotu

The Edison Portland Cement Co.

lm.uorno.nl Tdegr.pK Freight and Pwiooger Station, NEW VILLAGE, N. J. Pmuau.nr.m,1?.

We attaoh hereto carbon copy of our letter to Jaooh Wilson Estate, under date of the 29th inBt., from which you

increase their order to 58 castings; the order is to remain as originally given, i.e. 48.

We alBO attach oarhon copies, of our letter orders to the Kuebler Foundries, under dates of January 22nd and 28th., whioh when you confirm, v/e appreciate your mailing us copy for our files and future reference. This material is all chargeable to the Benzol Plant. We have omitted the price per pound for the castings as this has not been definitely settled on aooount of some extra labor which will be involved for working overtime and changing rf&tterns in order to make rush deliveries.

Yours very truly,

" n. THE EDlSSjT^OETIMD CEMENT SJfiPADY,

Pur Shasi^rg^ Agent.

[ATTACHMENT/ENCLOSURE]

Kuebler Foundries,

Keeton, Fa.

January 22, 1018.

Gentlemen

Confirming verbal order given you today by the writor, you will please enter the following order in

order. Village, cart the eo that

Beotione with patterns to you by^way^of expreee^

Thin order is placed with you with the dlotinot underotanSfhat you will furnieh one oaoting daily or two daily, if in any way poeeiblo to do eo, shipment at this rate to begin within a day or two after your receipt of the pattern, or in other worde, just aa quickly ao 1$

Is possible for you to prepare the clasps opd naooosary equipment.

Price for oleon rough oustings to be

[ATTACHMENT/ENCLOSURE]

_ ji per pound delivored f.c.b. oars your «orko, or

if neoeuuary to oart them, the minimum charge for carting to be allowed.

Your a very truly,

BDXOOH POnW-AMD (JKKKJ1T CO.

Purohaelng Agent.

EBO-RBS

[ATTACHMENT/ENCLOSURE]

January 30, 1915.

Crane & Co. ,

Mechanic Street,

Newark, H.J.

Gentlemen:-

Please enter the following order in the name an for the account of Thomas A. Edison, Orange, N.J., who will later . mail yon his regular confirmation order. Do not hold up shipment awaiting confirmation. _

Consign m^rl>«h^via freight, to New Village,

■ H j.' M delivery. In the event you cannot make immediate

shipmen^t^m^eriayrom your' New^k or Hew York stock, please immediately 'W e'Sr^at^ur e^nse as : tc get the fittings' scmewltaw^else loca^

■•^iehty (80) 4” Cast _

Lay he nocessary for us

) 4” uasr irj^Pipe Plugs * /

Five (5) 2" Countersunk Cast Iron Pipe Plugs.

. Although you will render the invoice in the name of Thomas A. Edison, you will please mail it to us here at Stewarts- ville, N . j. , as well as the hill of lading covering the shipment. Your 8 very truly ,

YTHE EDI SOH PORTLAND CEMENT' COMPANY,

Cys to Hr. H.F. Miller, ^

Mr. John Bacon, Jr. Mr. C. Person.

Purchasing Agent. [

Company's 5' x 4' roll sot.

J/ Euebler Foundry Company, February 1st,

/ Crane Company, February 4th.

. Mr.C.H.Bean, General Eleotrio Co., Feh. 4th. < /Warren Foundry & Machine Oo* 4th*

VWew Jersey Wire Cloth Co., Feh. 4th.

Yours very truly,

THE EDISQB^PORTL

Enolcs. 5

The Edison Crushing Roll Co.

ROCK CRUSHERS

Mr. H. F. Miller, See’y. Edison Laboratory, Orange, K. J.

Feb. 12,

Dear Sir:-

We attach herewith carbon copies of our letter orders placed with the American Steel Foundries, Lehigh Car. Wheel & Axle Works and Wm. Sellers & Co. for the account of Thomas A. Edison, for material to be used on the 5 x 4 ft. rolls for the Keystone Plaster Co., and request that you issue your regular confirmation, forward¬ ing us, as in the past, carbon copy.

We also attach carbon copy of our letter order placed for the account of Thomas A. Edison with the G. M. Davis Regulator Co., covering the material for Benzol plant, covering which we request that you issue your regular confirmation.

[ATTACHMENT/ENCLOSURE]

0, B. Davis llegulntor Co., 123 Liberty »t..

Her York City.

T?eb. 10, 1915

Gcnt.lor.ien:-

You will please enter the followin'- order in the nano/for the account of Thomas A. ’id is on, Orange, H.J., who will later mail you his regular confirmation order. Shipment of t>^ material' to be made to Thomas A. Edison, o/o Cam'oria^rtsa^lo.j^rfbhnfttown, i‘u., via oxpraos* Do not hold up shipment confirmation order.

Although the^Suiteri al will be billed in the none of Thomas A. Kdioon, you will please arrange to forward the invoice, ao woll ns express receipt, to us at ntowarteville, r. .T.J-

1-2" ocrowod Davis *1 Pressure hegulator or deducing Valve, to operate on water nt an Initial prsssuro of 20 to DO lbs. and a delivery pressure of If) to 20 lbs.

Price <530.00 not, less dot, f.o.b. ours shipping point, with freight allowed.

This, confirms telephone order to your off! oq yesterday and wo understand that you will wire direst to your factory for immediate shipment.

Yours very truly,

•m» iSDiaon wmj.dK.) ckkxht co..

rso/wsc

7 ^ ^^oiruwQ-fijwffru

•The Edison Portland Cement Co.

W VILLAGE, N. J.

b, STEWARTSVILLE, N. J.

February 25, 1915.

Mr. H. F. Miller,

Edison Laboratory,

Orange, H.J.

Dear Sir:-

We attach herewith the following oarhon ocpies of our letter orders covering materials placed for your account for the Dominion Iron & Steel Co., ltd..

Rihcard J. I.ippey,

Jacob Wilson Estate, Warren Fay & Machine Co. Dukens Iron & Steel Co.,

Feb . 24th. Feb. 24th, Feb. 24th, Feb. 24th j

Your s very truly ,

iftCt&tamu

The Edison Portland Cement Co.

ss. STEWARTSVILLE, N. J.

Feb. 25, 19X5

Mr. H. F. filler,

Edison Laboratory, Orange, N. J.

Dear Sir:-

We attach herewith copy of our letter order under date of the 251h inst. to Joseph T. Ryerson & Son, covering material placed for your account for the Canadian Benzol plant. As usual, youwill please issue your confirmation order, mailing us copy for future references.

Yours very truly,

ESO/Y/EC Ends: -2

[ATTACHMENT/ENCLOSURE]

t’eb. 35, 19X5

Joseph T. Hyeraon ft aon,

SO Churoh Utreot,

2iow York City.

Uentl (Wiens -

You will please mi tor the following order in the nemo nncl for the account of Thonao A. '.Sdiaon, Orange, «. 3., who will later mail you Uia regular con¬ firmation order, tfov/ovor. do not holi u» shipment await¬ ing thie confirmation order, whicli wl‘QlAo a few days in reaching .you. . \ \ I

Shipping nMtmotiono:- fhiiBon t'ortlond Cement Co., Hew .Village, ’ L J., via freight, 1.. ft W. delivery. / | /

j/ln acknowledging receipt of this order advice bane price at which the steel will be furnished, f.o.b ears shipping point.

3 ohooto 1/4" x 60" x 114" Tank Oteel

4 " 1/4" X 42" X 42"

1 length 1/4" x 2 1/2" * 2 1/3" x 20' Angle Steel

2 shoots 3/16" x 48" X 5V" Tank Steal

4 " 1/4" x 22" X 23“ Tank Hteol

1 length 1/4" x 1 1/3" x 1 1/2" x 12' Anglo Steel

Tills order io placed with you with the understanding that you will arrange to make shipment of this material from your JSoonton or Jersey City otock tomorrow morning, forwarding it via 0, j,. * w. noil road.

[ATTACHMENT/ENCLOSURE]

Mr. J.T.a.&aon.

naturally, you will not have the tanlt steel or the exeat else above specified, but you nay fur¬ nish us With your Bloch sizes furnishing them in dimensions co that the above plates can be out with the minimum amount

of waste.

nearest lengths you above specified.

In regards to the single Btael, ship t! have in atocU longer than the nines

Youm very truly.

Til,.; ijplhoh J?0HTJ.A510 CUiBHT CO,,

i'urohuoini: /<geiit.

BSO/Vi«G

3 ?69

Cambria. Steeb Company

ENGINEERING DEPARTM ENT Vj

JOHNSTO™,!^ April 3, 1915,

. A

Ur. W. H. Uason,

Dear Sir:-

vie can quote you delivery of two « better* and

price of 3-1/2 cent, per pound for the following material. The weights are estimated -

Cooler tanks - - - - - lo'lwf

Separator - - - 900#

Seal tank - - - " CIII-H - 7,160# ^ LlV -

30" piping — - ---- _____ 700# $} /v//.'

One Oast iron _ 208# / 1 _ _

Two east iron 8 saddles — _ 450# ,

One manhole frame - - / • t

The price for the brass one inch spray nobles will fe

as follow s:-

40-1" spray nozzles at $3.00 each - $120.00

Very truly yours,

%

yv ‘ 1

Chief Engineer.

^9 o(

April 3,

1S>15.

Cambria Steel Co., Johnstown, Pa.

Gentlemen:-

Reply ing to your quotation of April 3rd by Hr. J. Vi. Clarice. Chief Snginoer. of 3-1/2 cents per pound for -

Cooler tanks - ?o* bm#

Seal tank .... 7 2.60$

One clstnfron goaf

Two cast iron 8" — - £08*

one manhole > .

iSstiraated W&g|t, 4° ^ 47*753,? ■

and forty one inc^rey lozzfes It *3.00 a piece, we accept your quotation and wish ytu/o|ad go ahead with this work at once, shipping to Woodwari/ron Company, Woodward. Alabama. Confirmation of this will be forwarded from our Orange, Off ice.

Very truly youre,

/ THOMAS i A. 1SDIS0H. •

Legal Series -- Harry F. Miller File Group 2: Ledger Sheets (ca. 1907)

These ledger sheets summarize Edison's personal finances in several categories. There are four sets of sheets with the titles "General Ledger," "I Investments?] & Credits?], " "Laboratory?] & M," and "Investments Ledger." Although the accounts themselves are undated, the dates "Jany 1 904," "Jany 1906," and "Jan 1907" are inscribed by Edison in the margin on one of the sheets. Many of the other entries are also annotated by Edison. Included are entries pertaining to Edison's investments in the bonds of the Lake Shore & Michigan Southern Railroad, New York Central Railroad, Union Pacific Railroad, and several other railroads, as well as in the stocks and bonds of his own companies. Also included are entries relating to the cost of various experiments with project numbers that correspond to those in Project Number Notebooks N-01-03-15 and N-02-01-17 ( Thomas A. Edison Papers: A Selective Microfilm Edition, Part IV, reel 180). Most of the experiments date from 1907, although there is one from December 1903.

All of the documents have been selected.

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Legal Series -- Harry F. Miller File Group 2: Allis-Chalmers Case Settlement (1911)

This folder contains agreements and correspondence relating to the settlement of a 1 909 royalty dispute between Edison, the Allis-Chalmers Co., and other companies using Edison's crushing roll technology, the patents on which had recently been upheld by the courts. Included are the main agreement of November 29, 1911, along with supplementary agreements (exhibits) specifying the new terms under which royalties were to be paid and accounted. The companies involved include Casparis Stone Co., Church Quarry Co., Dunbar Stone Co., Empire Limestone Co., and Kelley Island Lime & Transport Co. Other individuals involved include Louis Hicks, counsel for Edison, and Walter S. Mallory, vice president of the Edison Crushing Roll Co., who witnessed most of the agreements.

Approximately 80 percent of the documents have been selected. The unselected material includes court-issued mandates, decrees, and stipulations pertaining to the withdrawal of appeals and the vacating of certain previous decisions.

Other documents relating to this case can be found in E-1 1-59 (Legal - Litigation) in the Edison General File Series and in Edison v. Allis-Chalmers Co. et al. ( Thomas A. Edison Papers Digital Edition, QX001).

w:;-

are annexed ;-

i- Exhibit a. -being contract dated Nov. 29,

' Thomas' Edison and Dunbar stone Co., granting U oense.

2 Exhibit B, being contract, dated Nov. 29, 1911,

^homaH; Edison and E^ire limestone fio., granting license.

.*• =§IMH: jjb.'d'&jaS-* SIC*""

his. future licensees.

sasiseiSv®^

under Exhibit A, supra.

e feS1"

Tinder Exhibit B, supr a.

! L

; L Kiwwt1": »T

Exhibit -B, supra.

I. gtigulation and decree of U. S. Circuit Court of Appeals dismissing appeal.

II. Mandate of TJ. S. Circuit Court of Appeals.

III. Decree of TJ. S. Circuit Court entered on said Mandate^

appeaiy'calb'eSLln^bondHand/T^ating^orde^fo^montSyVeportB.

- -_V. ctinulation and final decree for injunction.. — ^

' ,vi. Inunction with marshal 1 a return -of service on AlMf- .

^-■■'Ch^mers -Co.-andnEnTpiredhi.iinesupnerfCo.n ~-r . • -

solicitors for defendants.

Dated j)eo .; 21 , 1911*

LOUIS HICKS,

Counsellor- at-1 aw,

^ Nassau Street,

Hew York, N. Y.

THIS AGREEMENT MADE AND ENTERED INTO THIS $7 day of fe^D. 1911 Detween THOMAS A. EDISON Of West Orange, New Jersey, party of the fir at part, and ALLIS- CHALMERS COMPANY, a corporation organized and existing under the laws of New Jersey, with General Offices at Milwaukee, Wisconsin, party of the second part,

WITNESSETH: that

WHEREAS: a suit is pending at the present time, commenced in the Circuit Court Of the United States, Western District of Hew York, in which party of the first part is Complainant, and party of the second part, EMPIHE LIMESTONE COMPANY and CASPARIS STONE COMPANY, are Defendants, claiming infringement Of UNITED STATES LETTERS PATEN® NOS. 672,616

Iand 672,617, each dated April 23, 1901, granted to and owned hy party of the first part, covering a method Of and apparat¬ us for "breaking rook; and

WHEREAS: a decision has "been rendered in the said Circuit Court, Western District- Of New York, sustaining said Letters Patents, from which decision the said defendants have taken an appeal; and

WHEREAS: it is mutually desired that said litigation De now terminated and that various matters involved there¬ with concerning the parties to this agreement be settled as hereafter stated; ,£/

HOW FOR THESE PURPOSES, IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS:

FIRST i . Party of the second part agrees to with¬

draw at this time the appeal in the said bu it brought *y party of the first part in the Cirouit Court of the United States, western Distriot of New York, to con amt to the

entry of a final decree for an injunction aoccrdlng to the interlocutory deoree and reciting payment of ooetB and settlement of part damages according to the provisions of this agreement, and to pay the taxable costs in said suit, and does hereby recognize the validity of said U. S.

Letters Patents Hob. 672,616 and. 672, 617 Of April 23, 1901. Party of the first part agrees to consent to the cancella¬ tion of the bond filed in said suit by the Empire Limestone ; Company. Both .parties agree to consent to the vacation of the order requiring .the .Bmpire; Limestone Company to file monthly statements and partially suspending the interlocutors injunction pending appeal.

SECOHP: . Party of the first part hereby releases,

and agrees that all licensees under him affected by this oontraot shall release, party Of the. second part, its purchasers or any users of its machinery, from all claims of every kind for damages on account Of past infringement of J said Letters Patent Nos. 672,616 and 672,617, in so far as the plant Of the Empire Limestone Company at Pekin, H. Y. and the plant of the Dunbar Stone Company at River Rouge, Mioh. are concerned.

THIRD: 1 4, ..At the present time the DONBAR STORE , COMPANY, Of River Rouge, Michigan, and the EMPIRE LIMESTONE COMPANY, of Pekin, New York, are the owners of and are oper- ating large crushing or Sledging Rolls purchased originally I from party of the second part, which it 1b agreedy as installed, constitute infringements of the said Letters Patent before mentioned. IT IS HEREBY AGREED that party Of

Ithe first part shall forthwith grant a lioense to the said

DONBAR STONE COMPANY and the . said. EMPIRE,. LIMESTONE COMPANY

under the patents before mentioned, and the eaid party of the second part undertakes that the said DONBAR STONE COMPANY and said EMPIRE LIMESTONE COMPANY, shell take out

suoh license, in the form and on the terms of the copies of | licenses hereto attaohed, marked in the oaae of the fOHBAR STOHE COMPANY, "EXHIBIT A", and in the oaBe of the EMPIRE LIMESTONE COMPANY, "EXHIBIT B". Party Of the first part j agrees to and does hereby release the said DONBAR STONE I COMPANY and the said EMPIRE LIMESTONE COMPANY from all obligations for. the payment of all royalties as set forth and specified in eaid "EXHIBIT, A", and "EXHIBIT B» respective ly, and in lieu thereof it ie agreed that party of the second part shall pay the party of the first' part royalties .as hereafter stated in full settlement of all royalties duo on aooount of the two installations before mentioned, via:

Six-tenths (6/X>;tha /) of a oent per oubio yard Of all material crushed by or passed through the Rolls at the Plant of the WJNBAR STONE COMPANY, and which may be crushed or broken stone, including screenings and waste, when the same . is add or used in making Sand Lime Bricks, Artificial stone, Blooks, Lime, ate. but no* royalty ia to be paid on such screenings and waste if not sold or used in the manufacture of Bricks Artificial Stone,

Blocks* Lime* etc. One-half (1/2/) cent for every cubic yard of all material oruahed by or pa8sed through the Rolls at the Plant of the EMPIRE LIMESTONE COMPANY and which may be crushed or broken stone, including screenings ^ and waste, rfhsn the same issoldor UBedin .-M:

making Sand Lime Brloks, Artificial Sto» a,

Blooks. Lime, ate., but no royalty ia to be paid on suoh screenings and waste if «°t sold oi used in the manufacture of Bricks or Artificial Stone, Blocks, Lime, eto., and no royalties shall be paid on a greater amount than three II hundred thousand cubic yards of sudh material.in;

pert thereof except, eoreonings is sold or sup¬ plied by the Empire Limestone gompanytoothers than the Lackawanna Steel Coup any or is sold or supplied to others by the Laokawanna Steel Company, the aaid limitation ihat no: royalties shall be paid on a greater amount than three hundred thousand oubio yard* Ofisuoh awterial in any one year during thia agreement shall become and be of no effect, and Provldedalso that said royalty shall.be paid by the party of the second part to the party of the. first _ part on all screenings and waste :in. excess Of said three hundred thousand oubio yards here- aftor crushed by or passed through »aid rOUo and sold to others than the Laokawanna Steel Company*

-3-

With the exception "before mentioned regarding pay¬ ment of royalties, the terms and oonditionB of the license a ae per "EXHIBIT A" and "EXHIBIT B" remain in force and effeot, and the royalties specified in this paragraph which party of the eeoond part Shall pay party of the first part on the two mentioned installations Shall he paid at the times and in the manner set forth- in said "EXHIBIT A" and ■EXHIBIT B" for the payment Of the royalties therein mentioned.

Nothing. in this agreement however shall prevent party Of the second part or said OTHBAR STOKE COMPANY or EMPIRE LIMES TORE COMPANY, or their successors, from discon¬ tinuing the use of said crushing Rolls, in which event the payment of royalties as herein stated shall thereupon cease, and the license "EXHIBIT A" or "EXHIBIT B" he terminated, so far as the rtfLls, the use of which, has been discontinued, are concerned*

EOHRTH: ..... It is agreed by and between the parties hereto that the party of the second part shall, on the terms and conditions specified in the Supplemental Agreement hereto attached, ' marked "EXHIBIT C", and made a part hereof, manufacture, all EDISON CRUSHING ROLLS hereafter built, for the party of the first part or his licensees, under said Letters Patent Nos. 672,616 and 672,617. It is understood however that the foregoing provision does -not superse.de or apply to rights which the party of the first part may here¬ tofore have granted oonfliotlng therewith.

PIETH:..... Party Of the firBt part agrees hereafter, in connection with plants using his said rolls, to recommend and urge, the use of ALLIS- CHALMERS COMPANY'S engines and • motors wherever the opportunity is offered. Party of the second part agrees hereafter to recommend and urge the use of EDISON CRUSHING ROLLS made and operating according, to the

-4-

I the inventions described and claimed in sold Letters Patent Hos. 673,616 and 672,617 wherever the opportunity is offered and oondit lone are favorable and uuoh ueo will not conflict with the interests of tho party of the aooond port,

SIXTH:. ...»In oaao aaid United Statoa Patents Nos; 672,616 and 673,617, should hereafter he deolared invalid hy the final decree of tho highest Court of competent juris¬ diction, in which the suit or notion any ho tried, then the royalties provided for herein shall ceaae and .

determine,, and this agreement shall also cease and determine.

SEVENTH: .... .Party of the first part agrees to assist party of the second part in disposing of the said crushing rolls of the Empire Limestone Company at Pekin,

H. Y. to a lioenBeo acceptable to tho party Of the first

EIGHTH :..... Party of the sec aid part eh all have the right to terminate its obligation to manufacture EDI SOU CRUSHING ROILS upon three months' written notioe, in whioh event the right to manufacture the same Shall terminate, hut in such case it shall not he relieved from its obligation to pay royalties for the futuro operations of the installations now at the plants of the DUNBAR STONE COMPANY and the EMPIRE, LIMESTONE COMPANY on the basis herein speoified. -•*

NINTH: .... .This agreement Shall continue in foroe during the remainder of the terms for which said Letters

Patent Nos. 672,616 and 672,617 were granted., unless sooner terminated as herein provided. - .

IN WITNESS, .WHEjtECjP: ^he parties hereto have executeil i

this agreeme nb inUuplio&te' t^? dajhand^e^fif Bt above Vit ;en.

WITNESS: CX,

^VvMjfii^rrV "... ALLIS-OHAEMERS COMPANY,

ATTEST:

EXH/BIT 4

EDISON CRUSHING ROLL CO.

MEMORANDUM^OF^ AGREEMENT

EDISON GIANT ROLL CRUSHER

MEMORANDUM OF AGREEMENT, made and entered into this*?? day of A. D., 19 If, by and between THOMAS A. EDISON, of Llewellyn Park, West Orange, County of Essex and State of New Jersey, hereinafter called the Licensor, party of the first part; and OUNB/3B & TOA/B Co. of Rive* Mtct*.

hereinafter referred to as the Licensee, party of the second part :

WHEREAS, the Licensor has obtained Letters^Patent^of the United States, and hoc filed ■application for Letters Patent of the United States no followcn

LETTERS PATENT.

Cruahing Rolls, No. 567,187, Septi 8, 1896',

Method of Breaking Rock, No. 672,616, April 23, 1901 ;

Apparatus for Breaking Rock, No. 672,617, April 23, 1901;

■Crinding or Crushing R.ollC| No. 674,057, May Mi

Apparatus f"r Scrccniing gnj-veriaed^flaterittlr-No. GfSPSfr Mav s8. 1Q(>h‘

-APPLICATIONS-! lla, filed January 13, i903>~£

S, Serial No, 3331607.-

Cmsliing Rolls, filed -S

AND, WHEREAS, the Licensee is desirous of obtaining a license under said patents ^ according to the conditions hereinafter named, within the following named

territory, and is desirous of installing and- operating at or nanr n rtona quart? within such t~-

ritory, at least one (1) complete Edison Giant Roll Crusher, constructed under the control nnd-

description of the said territory being the following, to wit:—

NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements hereinafter set forth, THE PARTIES HERETO AGREE AS FOLLOWS:

FIRST : The Licensor hereby grants to the Licensee, subject to the conditions herein¬ after named, a u exclusive- license under the said Letters Patent and any Letters Patent wliielt- may hereafter be granted on-said applications, within and ‘throughout the said total territory above described, for the purpose of crushing for all uses (except for direct use in the manufac¬ ture of cement), limestone, gneiss or other rock, which may be found within the said territory, but not including iron or other ores.

within one year from the date of this agreement, an Friisnn Giant RoU-Grrmher wltnsecondarv rolls and screens and other including ~5TI steam shovels, cars, locomotives, etc.,

which the T.iVensnr and-X-n'eiiilee ■.lull I mutually determine to be necessary for operating satis- rtng-stoner — If-for-any-reasenrwhieh-ie-unavoidnble-and-be-

any additional Crusher or Crushers thereafter that may be required by the Licensee shaji'be carried out in the following manner: The Licensor shall have control and superintenjjdnce of the design of the machinery and of its manufacture and inspection; he will obtainbjdfi from re¬ liable concerns for its manufacture and will recommend to the Licensee the acceptance of such bids as he considers most favorable. The orders for machinery shall be placjxf for the account of, and subject to the confirmation of the Licensee and the Licensee shajl'pay all invoices for parts received from or manufactured, in accordance with the regular t^rfes of the manufacturer, or in accordance with any special terms which may be agreed upmv'before placing the order. It is agreed that if it become necessary for the Licensor to have a work done at his own plant in connection with the manufacture of any of said crushers ojX furnish any part or parts thereof, then the Licensor shall have such work done and shallfdrnish such parts, and for any part or parts so furnished and work done at the plant of tWLicensor, the latter will charge the Licensee only the actual cost of same, it being understood at all of the said machinery is to be furnished at cost to the Licensee without addition of ap/manufacturing or selling profits by the Licensor. After orders have been placed, as above ufSvided, the Licensor shall have entire charge of the manufacture of said machinery andwi<free of expense to the Licensee, inspect the different work, as it progresses, at such tip»^or times as the Licensor thinks necessary. The Licensor will furnish and loan to the manufacturers of the Edison Giant Roll Crusher or parts thereof, all necessary detail drawings^! all patterns except when these vary from the Licensor’s standards, free of any charge to ikSLicensee except the necessary cost of transportation to and from the shops of such manufacturers. Every said Edison Giant Roll Crusher and Secondary Crushing Rolls to be manufactured under this agreement shall be of the best material and workmanship and of the fittest and most improved design of the Licensor and the machine shall be complete in all its pafts and constructed to suit the work in its particular territory, so far as such work can be fofceen. The size of the said Crusher (or Crushers) is to be determined by the Licensor and

engineers to visit the site for the said Crusher (or Crushers) in ordertodgcide-nTTo the best method of installing the said machinery. Upon saidvisitja^visitrTEe representatives of the Licensor and of the Licensee shall determinejsJar^pSMible the plans to be followed so that the said machinery may bejsstaHcdToThTbest advantage. The Licensor, as soon as possible thereafter andjii-Ms'oIvn’expense, will make the drawings for the foundation and installation of

tion thereof, charging only the wages of the draughtsman to the Licensee, but theLjsfiastSfshall not be responsible for the erection or arrangement of the entire plant, norjoi>^11e arrangement of the Crusher with reference to the plant, which matters, it iscontemflated, shall be under the direction and control of a competent engineer or constr^ctWl^Sraughtsman to be employed by the Licensee. The Licensor will give to theLjcenSSSTin so far as he reasonably can, the bene¬ fit of his advice and experience in cmyi«rfto£\vith the said Crusher installation and will assist tjje said draughtsman orepghrS^Tas far as possible, regarding the installation of the said Crusher by correspoadSn^for personally at the plant of the Edison Portland Cement Company, r"New Jersey, or at the Edison Laboratory, Orange, New Jersey, as the Licensor

shall be in accordance with the plans and instructions of the Licensor and shall be_jj control and superintendence of a competent man to be furnished by the Licgpsaffwho shall r main with the Crusher, after it has been installed, long enough to^arisfyhimself that the ma¬ chine is operating successfully and satisfactorily. The Licepseifshall pay for the services of said man at the rate of Five Dollars and fifty cents (fe5»H5erday, including the time during which he is engaged at the Licensee’s plant, traygliofthereto and returning therefrom, and shall also pay his board while engaged attlysirtrcnTee’s plant, and all legitimate traveling expenses from New Village, New jerseyr-0t''anequivalent point and return. The Licensor guarantees that each said Ediso^jerfSheT made under this agreement, if made by manufacturers whose bids are approved-b^imTand if properly installed and properly operated,' will operate successfully and

said territory or controlled thereby shall warrant, to install such additional Edison^juShing Rolls as may be necessary to adequately supply the market for crushed stone withipofcon trolled by the said total territory, all said crushers to be constructed, inspected, instajledand operated in the same manner as the first or test crusher hereinabove provided foyiMiough the size of the same may be different therefrom. The Licensee shall use ever^reisonable effort to further the interests of the Licensor within said territory, and if at anj^tifne the Licensor believes that the business within or controlled by the said territory J£^il6t being properly developed by the Li¬ censee, and that the patented or non-patentedappkratus of the Licensor is not being introduced therein to an adequate extent, the questi^n'fifinstallation of additional Edison Crushers therein shall be submitted to arbitrators, e^ah'of the parties hereto appointing one arbitrator, and the two /so appointed selecting a third^rfid the decision of any two of said arbitrators shall be accepted as J final and binding by ^parties thereto. If the Licensee shall not with due diligence comply with the decisionpfr'Said arbitrators requiring the further installation and equipment of addi¬ tional crusljnrSwith in the said territory, or if the Licensee shall refuse to appoint an arbitrator ^it the matter to arbitration, as above provided, the exclusive license hereby granted

shSlLterminatepbut-the-Licensee-shall-be-entitled-to-a-non-exolusive-lieensej-as-to-the-plant-or—

tHftfgmg The Licensee shall pay a license fee, or royalty, to the^Licensor, his heirs and assigns, on all stone passed through^ Edison Giant Roll Crusher -testaHed. under the terms of this agreement of two (2) cents for every cubic yard of crushed stone by measure or for every two thousand four hundred pounds (a, 400 lbs.) by weight, it being agreed for this contract that the weight of a cubic yard of crushed stone is to be estimated at two thousand four hun¬ dred pounds (2,400). The above royalties apply to all material crushed or passed through the Rolls and which may be crushed or broken stone, including the screeniugs and waste, when the same is sold by the Licensee or when used by the Licensee for use in making sand-lime bricks artificial stone, blocks, lime, etc., but no royalty is to be paid on snch screenings and waste if not sold by the Licensee or if not used in the manufacture of bricks or artificial stone, blocks, lime, etc., by the Licensee.

EICHTHi It is further provided that if at any time after ono or more Edison Giant Roll Crushers have beenSSdin accordance with the provisions hereof, the Licensee shall conclude that the further use of said patented or uupaWutsd machinery is inexpedient and that it desires to discontinue such use, then the Licensee shall notify the Licensor in writing of this fact The license granted by this agreement shall thereupon terminate and the Licensee shall not make use of the said patented or uupitoatad machinery thereafter for the purpose of crushing stone for any use whatsoever, and the payment of royalties by the Licensee shall be discontinued When the said license is terminated either by reason of the discontinuance by the Licensee of the use of the said patented or uupntentM machinery, or because of the cancellation of the license hereby granted by the Licensor, in accordance with any of the provisions of this agree¬ ment authorizing such cancellation, the Licensee shall have the right to dispose of the ma¬ chinery in its possession at the time of such termination of said license to any other licensee of the licensor on the best terms which can be procured and if sold to such other licensee, the said machinery shall be used for crushing stone in the territory of such other licensee and not else¬ where in accordance with the terms and provisions of any license contracts between the Licensor and such other licensee, and the Licensor shall be informed by the Licensee when any such sale is being negotiated, the Licensor will assist the Licensee, free of cost, in making such sale, pro¬ vided the machinery is suitable for the work to be done in the territory of rod, other licensee.

dispose of the machinery in its possession at the time of such termmationofitsjicsaee; . .

and for no other use or purpose, and will make a written guarantee.

before it sells the machinery; and any such piirchaserorjuiehaSers of the said machinery from the Licensee, as scrap, shall have no right ^orJicermftJmake use of the said machinery for the crushing of stone or of any otherjjmtertSlTlt is understood, however, that before any of such Edison Machinery isjoW-RfSlhird party as scrap, the Licensee will give the Licensor opportu¬ nity bynolifyhrfEimin writing, to buy the said machinery at the current market price of scrap

Id-ltS^rfhird party as scrap, the Licensee will give the Licensor opportu- n writing, to buy the said machinery at the current market price of scrap

stalled and operated under this agreement, the Licensee shall conclude that the paymsi stated royalty per ton has become unduly large, it may elect to relinquishitsjdgKTto an exclu¬ sive license and pay the Licensor a royalty of only one and one-half^i#) cents per cubic yard if stone is measured, or per a, 400 pounds by weight, onall^tS^ crushed in said machinery within said territory; or it may elect to retain thee*eHs£e license and to refer the readjustment of the royalty to arbitration, the parties hejettreach selecting an arbitrator, and these two arbi¬ trators selecting a third; the decigion'ofany two of said arbitrators shall be accepted by the par¬ ties hereto as final, buti^jw-c Sre shall the right of election to submit the matter to arbitration be exercised, un^srS?aresult of improved apparatus or processes invented or used by competi- -EiJensee, the market price of crushed stone is so reduced as to make the payment of yalty named under this contract commercially impracticable.

ir horeby-eov

ic with the -Lie

any person, firm or corporation, so long as the exclusive license hereby grantedjoE-sairterntory shall be retained by the Licensee, any license or territorial rightjjyidei-Saidpatents, within any part of the territory aforesaid, in connection withjie-erttSlung of stone as aforesaid, but the Licensor reserves the right to grantin^aid-'tSmtory licenses or territorial assignments under said patents for the cruslung-ofirSS^re or any other ore; and the Licensor also reserves the right to grajit-«r^ai3territory licenses or territorial assignments under said patents, for the TgS-LUaestoa* in tho manufacture of oamsBt.

ELEVENTH-: — The Licensee shall not move, nor permit the removal of any- Edison Giant Roll Crusher, or of any Bdison-^condary rrnshreout of the said territory, or erect any plant containing any such crusher outside of the said territory, » | |

of any of the crushing plants hereinabove provided for to ha. instaHed-witEmsaid territory for crushing rock from outsjd^Lsaid-territt^^ having received the written consent

TWELFTIH- The Licensee shall keep separate books showing the amount of stone crushed by any crushing plant herein provided for, and such books shall be open and accessible to the Licensor or his duly authorized representatives at all reasonable times. In -the. case -of-*

T - product will be shipped over one or more railroads, or other

transportation systems, the Licensor may elect and require that the royalties herein payable shall be based on the shipping receipts of the railroads or other transportation systems, by which the product of the plant or plants licensed in this agreement may be handled, and for the purpose of this agreement, in the case of such election, the total amount of the crushed stone shipped from such licensed plant, or plants, will be considered as the output thereof, whereon said royalties shall be payable. The Licensee shall, for each month, (whether plant is running or not), fur¬ nish the Licensor, in duplicate, a report of stone crushed for each plant separately and in such

r

/

standard one-page form as the Licensor may require for his records, which reports shall be mailed not later than the seventh (7th) day of the succeeding month, and the report shall be given for each day of the month, and under, the heading of size, so as to show the amount of each size of stone crushed per diem. . , „

The royalties above provided for shall be payable monthly and the Licensee shall remit to the Licensor the amount of royalties for each calendar month on or before the twentieth (zoth) day of the succeeding month.

THIRTEENTH i Tha Licensor-a^,

by the Licensee so to do, and provided the exclusive rights herein granted shallbe^ the Licensee as herein provided, to prosecute such infringements as tlieLicswrtSmay designate within any part of the said territory, of any of the said patentsjjnrir'fiay be employed by the Licensee so as to thereby protect the Licensee and presep^e-tfm exclusive rights hereby granted, and the Licensor also agrees, at his own e™<T?defend any suits which may be brought against the Licensee for the infringesietrT'Sf any patents by the use of the apparatus hereby licensed, and to indemnifv^n^Tharmless the Licensee against all costs and damages which may be recovered^rffiSTthe Licensee in any such suit or suits. In the event of any such suit ,r suitsjiatWfilhesaid territory, the Licensee agrees to assist the Licensor in all reasonable and

FOURTEENTH- The license hereby granted and the royalties payable by the terms of this agreement shall continue as long as-any-af said patents, used in connection with said ap¬ paratus by the Licensee, remain in force, unless the license herein granted for the territory shall be previously surrendered by the Licensee, or canceled by the Licensor, in accordance with the provisions hereof. If said patents are declared invalid by the final decree of a court of compe¬ tent jurisdiction, then the royalties provided for herein shall cease and determine.

remain in force, and subject to all the terms and conditions here^_thc-bcngfitrbgall the im¬ provements that he may make, whethMth£^a««mnStSntidor not, relating to the apparatus - - - direct connection therewith, when such apparatus is

cf ET EE NTh' : The Licensee shall be permitted in advertising^and other printed matter to refer to the fact that the apparatus used is manufactured under the., Thomas A. Edison patents, but no other representation shall be made by which the impression may be created that the Licensor is connected with the Licensee in any other capacity than as Licensor.

validity of the Letters Patent nnder which this license is granted, and each of them ; -

jrfrieh may hweaftes r'1"1'1'1 "P™1 nn-^S-tha appliantianc and invantionsagdewwhiah 4s-gcantedr.admits the title of the Licensor in and to the said inventions* patents -and. admits that the Licensor has the right and power to grant the rights and licenses

herein granted, and agrees, during the existence of this contract, not to contest or-attack the validity of any of the said patents, either directly or indirectly, and further, the Licensee agrees not to make or be interested in any similar or Mkemachine or apparatus^ either directly or in¬ directly. The Licensee agrees not to install /Crusher manufactured* under the* Thomas A. Edison patents, anoopt nc said crusher or crushers, -is "" f‘””“

and conditions prescribed by this agreement. uhiess

r hhoeh /> heh £/cehs£

A//A/TH.

The license hereby granted is personal to the Licensee and i

cessors in business. It confers joriglit to assign this license without the written consent of the Licensor and it applies onlyto.crushing plant* located within said licensed territory tu 1 miy H owned and operated by the Licensee.

Provided, however, that if any onTor-mere licensed crushing plants 1* by the Licensee shall, at any time voluntarily, or by operation of law, be sold or transferred to a single person, firm or corporation, the said purchaser or transferee shall be entitled to operate the said plant or plants under the terms and conditions hereof, and subject to the payment of royalties as herein provided, but no such person, firm or corporation, shall, by reason of such purchase, or transfer, be entitled to construct, erect or operate* additional plants embodying, the said patented and unpntented apparatus without the written consent thereto of the Licensor. Be-

M/IKMS/tHY SHLE Or 3/110 CHUSHMO Ht-EHT THE L/C EH 3 EE 3 HELL HOT/FY THE l/CEHSo/t /H

This agreement shall cease and determine and may be canceled by the Licensor, in case of the failure of the Licensee to pay the royalties herein provided, or a breach of any of its conditions, covenants or stipulations by the Licensee.

But this agreement shall not be canceled for failure to pay the royalties, as above pro¬ vided, or for breach of any of its conditions, covenants or stipulations, until the Licensor shall first notify the Licensee, in writing, of the default or breach, specifying the same, and thereupon the Licensee shall have the opportunity, within sixty (60) days thereafter, of paying the amount of royalty so in default, or of correcting such breach, and if said payment is made or said breach is corrected within the said period of sixty (60) days, this agreement shall continue in full force and effect until terminated for any reason or surrendered by the Licensee; but, in case of a second similar default or similar breach, but thirty (30) days notice shall be given, in which to make the defaulted payment or to correct the breach; and no notice shall be given or time for payment allowed in the case of any subsequent default of payment or breach of the conditions, covenants or stipulations of this agreement. In the event of the cancellation or other termination of this agreement, neither of the parties to this agreement shall, in any way, waive any right, either at law or in equity, to sue for and recover damages for the breach or violation of the said agreement, or for any other appropriate relief, or recovery.

. . ,

TWENTIETH : The rights, privileges and obligations of the respective parties in and to this license agreement, except as hereinabove otherwise provided, shall inure to and be assumed by the executors, administrators and assigns of the Licensor, and by the successors in business of the Licensee.

P.gc8

I

IN WITNESS WHEREOF, the parties hereto have executed this agreement ii cate the day and year first above written.

I t

• •

EXHIBIT B

EDISON CRUSHING ROLL CO.

MEMORANDUM ^OF AGREEMENT EDISON GIANT ROLL CRUSHER

MEMORANDUM OF AGREEMENT, made and entered into this XI day of Kgw-uJ>*a A. D., 19 1 1 , by and between THOMAS A. EDISON, of Llewellyn Park, West Orange, County of Essex and State of New Jersey, hereinafter called the Licensor, party of the first part; and

THE S/HP/HE Z./MESTOHE CoMEHHY oE &Efr/A/. M/.

hereinafter referred to as the Licensee, party of the second part :

WHEREAS, the Licensor has obtained Letters Patent of the United States, and-hno-fiieA application for Letters Patent of the United States, as follows :

LETTERS PATENT.

Gru6hing-RollsrNo. 367)i8jySept, 8, 1896;

Method of Breaking Rock, No. 672,616, April 23, 1901 ; Apparatus for Breaking Rock, No. 672,617, April 23, 1901;

AND, WHEREAS, the Licensee is desirous of obtaining a license under said patents ■and applications* according to the conditions hereinafter named, within the following named territory, and is desirous of iuotalliug and operating at or lien?' a utone-qunwy within such ter¬ ritory, at-lcaot-one (r) complete Edison Giant Roll Crusher, w

apparatus oonstruotod . undor -tho— control— ond' general -au

description of the said territory being the following, to wit:-

A/£W Yo£!K

AND, WHEREAS, the Licensor is willing to grant such- license under said Letter Patent and -applioationer for the said territory, subject to the -conditions and for the purpos hereinafter named, and io willing-to undortaho the oontrol-and superintendence! of the conotriu tion of the cnid Edison Giant Roll Crualier.

NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements hereinafter set forth, THE PARTIES HERETO AGREE AS FOLLOWS :

FIRST: The Licensor hereby grants to the Licensee, subject to the conditions herein¬ after named, an- aiialucive license under the said Letters Patent and any- Letters Patent wlneb way ft,.- granted on rnid applieatioaa, within and throughout the said total territory above described, for the purpose of crushing for all uses (except for direct

the manufac-

of cement), limestone, gneiss or other rock, which may be found within the said territory, but not including iron or other ores.

SBCON-B-i — The-Lioeusea hareby-agrooc to install within -the above- within one year from the date of this agreement, a

n Edison flinnt RnU-emSKeTwith secondary rolls and screens and other equipmentjiududi^^ cars, locomotives, etc.,

which the Licensorjndiieensei^ffiirmutually determine to be necessary for operating satis-

® #

one year period, the Licensor, upon written application, shall grant a reasoa«We~~extension of said time limit. The Licensee further agrees to place_nrders"f5T~t1iemachinerv in accordance with the stipulations of this contract iis-flomTas^the plans are definitely decided upon, and all said machinery is to-be-dgTiveredto Licensee’s property within nine (9) months from the date of

'TAffTT?n. T)10 ..nnchamt-inn nnfi in ctnlla tjon nf tVia-cniri Kiiicon-Ginii-t-Roll Crnfiherp.nml

any additional Crusher or Crushers thereafter that may be required by the Licensee sliaJ^Te carried out in the following manner: The Licensor shall have control and superintendence of the design of the machinery and of its manufacture and inspection ; he will obtain bjds from re¬ liable concerns for its manufacture and will recommend to the Licensee the acceptance of such bids as he considers most favorable. The orders for machinery shall be placed for the account of, and subject to the confirmation of the Licensee and the Licensee shajk'pay all invoices for parts received from or manufactured, in accordance with the regular terms of the manufacturer, or in accordance with any special terms which may be agreed upon^before placing the order. It is agreed that if it become necessary for the Licensor to have ajiy work done at his own plant in connection with the manufacture of any of said crushers or/to furnish any part or parts thereof, then the Licensor shall have such work done and slialTfdrnish such parts, and for any part or parts so furnished and work done at the plant of tWUcensor, the latter will charge the Licensee only the actual cost of same, it being understooc}/fhat all of the said machinery is to be furnished at cost to the Licensee without addition of aju/manufacturing or selling profits by the Licensor. After orders have been placed, as above provided, the Licensor shall have entire charge of the manufacture of said machinery and wH^free of expense to the Licensee, inspect the different work, as it progresses, at such timdor times as the Licensor thinks- necessary. The Licensor will furnish and loan to the manufacturers of the Edison Giant Roll Crusher or parts thereof, all necessary detail drawings^! all patterns except when these vary from the Licensor’s standards, free of any charge to tire Licensee except the necessary cost of transportation to and from the shops of such manufacturers. Every said Edison Giant Roll Crusher and Secondary Crushing Rolls to be manufactured under this agreement shall be of the best material and workmanship and of the latest and most improved design of the Licensor and the machine shall be complete in all its nafts and constructed to suit the work in its particular territory, so far as such work can be fgfeseen. The size of the said Crusher (or Crushers) is to be determined by the Licensor and t<fbe approvad-by-the Licansea-as-nweting-the-different-requirementer

engineers to visit the site for the said Crusher (or Crushers) in order t method of installing the said machinery. Upon said visit_oju-wsrtrTTiTl-epresentatives of the Licensor and of the Licensee shall determnejs-far-stTJrossible the plans to be followed so that the said machinery may he instal4ed~To~thebest advantage. The Licensor, as soon as possible thereafter, jtndjrf-hfe'ownexpense, will make the drawings for the foundation and installation of

tion thereof, charging only the wages of the draughtsman to the Licensee, but theLici not be responsible for the erection or arrangement of the entire plant^norjor'fhe arrangement of the Crusher with reference to the plant, which matters, it iscojitenlplated, shall be under the direction and control of a competent engineer or constrjiottCmSraughtsman to be employed by the Licensee. The Licensor will give to thel^ceilgeCin so far as he reasonably can, the bene¬ fit of his advice and experience in conpectionwith the said Crusher installation and will assist the said draughtsman orepgiirSerfas far as possible, regarding the installation of the said Crusher by corresppadSnceor personally at the plant of the Edison Portland Cement Company, sv Jersey, or at the Edison Laboratory, Orange, New Jersey, as the Licensor

shall be in accordance with the plans and instructions of the Licensor and shalHbe^under the control and superintendence of a competent man to be furnished by the Licensor, who shall re¬ main with the Crusher, after it has been installed, long enough togatigfyhimself that the ma¬ chine is operating successfully and satisfactorily. The LjcepselTshall pay for the services of said man at the rate of Five Dollars and fifty cents (fe5»)^erday, including the time during which he is engaged at the Licensee’s plant, traypling'HJereto and returning therefrom, and shall also pay his board while engaged attlj&irtcensee’s plant, and all legitimate traveling expenses from New Village, New Jersey^or'an equivalent point and return. The Licensor guarantees that each said Edison^Grfisher made under this agreement, if made by manufacturers whose bids are approyesLbjrfimT and if properly installed and properly operated, will operate successfully and

SIXTH i Tho Licensee ag-r-e said territory or controlled thereby shall warrant, to install such additional Edison Cpistffug Rolls as may be necessary to adequately supply the market for crushed stone withir^afcontrolled by the said total territory, all said crushers to be constructed, inspected, instajled'and operated in the same manner as the first or test crusher hereinabove provided for^pkliough the size of the same may be different therefrom. The Licensee shall use everj^jedsonable effort to further the interests of the Licensor within said territory, and if at any^ilne the Licensor believes that the business within or controlled by the said territoryj^^rfot being properly developed by the Li¬ censee, and that the patented or non-patentedappSratus of the Licensor is not being introduced therein to an adequate extent, the question-deinstallation of additional Edison Crushers therein shall be submitted to arbitrators, ejolfof the parties hereto appointing one arbitrator, and the two so appointed selecting a thir^tfid the decision of any two of said arbitrators shall be accepted as final and binding by tlpKlfarties thereto. If the Licensee shall not with due diligence comply with the decisiotj^rf'said arbitrators requiring the further installation and equipment of addi¬ tional crusjxrfifwithin the said territory, or if the Licensee shall refuse to appoint an arbitrator it the matter to arbitration, as above provided, the exclusive license hereby granted

plants-tUen-i

rr.nctrilPt-inTl and tllft-

jpdsr tha said patents and applica

jr shall be frse-4

6EVBNT-H-: The Licensee shall pay a license fee, or royalty, to the^Licensor, his heirs and assigns, on all stone passed through^ Edison Giant Roll Crusher feeteHed under the terms of this agreement of two (a) cents for every cubic yard of crushed stone by measure or for every two thousand four hundred pounds (2,400 lbs.) by weight, it being agreed for this contract that the weight of a cubic yard of crushed stone is to be estimated at two thousand four hun¬ dred pounds (2,400). The above royalties apply to all material crushed or passed through the Rolls and which may be crushed or broken stone, including the screenings and waste, when the same is sold by the Licensee or when used by the Licensee for use in making sand-lime bricks, artificial stone, blocks, lime, etc., but no royalty is to be paid on such screenings and waste if not sold by the Licensee or if not used in the manufacture of bricks or artificial stone, blocks, lime, etc., by the Licensee.

EIGHTH: It is further provided that if at any time after one or more Edison Giant Roll Crushers have been°wStaSe£in accordance with the provisions hereof, the Licensee shall conclude that the further use of said patented or-unpatented machinery is inexpedient and that it desires to discontinue such use, then the Licensee shall notify the Licensor in writing of tins fact. The license granted by this agreement shall thereupon terminate and the Licensee shall not make use of the said patented aM»pate»ted. machinery thereafter for the purpose of crushing stone for any use whatsoever, and the payment of royalties by the Licensee shall be discontinued. When the said license is terminated either by reason of the discontinuance by the Licensee of the use of the said patented or-unpatentad machinery, or because of the cancellation of the license hereby granted by the Licensor, in accordance with any of the provisions of this agree¬ ment authorizing such cancellation, the Licensee shall have the right to dispose of the ma¬ chinery in its possession at the time of such termination of said license to any other licensee of the licensor on the best terms which can be procured and if sold to such other licensee, the said machinery shall be used for crushing stone in the territory of such other licensee and not else¬ where in accordance with the terms and provisions of any license contracts between the Licensor and such other licensee, and the Licensor shall be informed by the Licensee when any such sale is being negotiated, the Licensor will assist the Licensee, free of cost, in making such sale, pro¬ vided the machinery is suitable for the work to be done in the territory of such other licensee. If tho-maobinwjMc not disposvd-^f-in-aiis-^ theright^

dispose of the machinery in its possession at the time of such termination ofitsHseneeTSTs scrap, and for no other use or purpose, and will make a written guaranteetoJhe-EiEensor to this effect before it sells the machinery; and any such purchaserorpurehSsS^of the said machinery from the Licensee, as scrap, shall have no rightorJicensTETmake use of the said machinery for the crushing of stone or of any otherjuatertaT it is understood, however, that before any of such Edison Machinery is^oldVTthird party as scrap, the Licensee will give the Licensor opportu¬ nity bynatifyifigTum in writing, to buy the said machinery at the current market price ofscraP

coin fp» ooifi machinery either-to anotherJiceasee nf the Licenser or to -any third -party, rr tlta ' <™nrna rT,-,!! ™tify-t.h«JJrBm;nr in, writing ef ths-piir-ohncor’c name nnd-flddreee,

HIHTHi If nt nny attet^me^^-m<>ra-Bdi6<>it-fti«wt Roll-Cr-ushoro hnvo beon-bt- stalled and operated under this agreement, the Licensee shall conclude that the paynjetrtr'of the stated royalty per ton has become unduly large, it may elect to relinquishitgjagKt to an exclu¬ sive license and pay the Licensor a royalty of only one and one-half^rj^cents per cubic yard if stone is measured, or per 2,400 pounds by weight, onaJL-slone crushed in said machinery within said territory; or it may elect to retain the^xeWs w license and to refer the readjustment of the royalty to arbitration, the partieshepBW'each selecting an arbitrator, and these two arbi¬ trators selecting a third; the decisiotTofany two of said arbitrators shall be accepted by the par¬ ties hereto as final, but Jp^KfcasT shall the right of election to submit the matter to arbitration be exercised, unjess'as’aresult of improved apparatus or processes invented or used by competi¬ tors ofth^Llcensee, the market price of crushed stone is so reduced as to make the payment of

any person, firm or corporation, so long as the exclusive license hereby gmintedioE^aiTterritory shall be retained by the Licensee, any license or territorial rightj_s»derSai3patents, within any part of the territory aforesaid, in connection with_Jhe-mmSlung of stone as aforesaid, but the Licensor reserves the right to grantjnjiaid-'terntory licenses or territorial assignments under said patents for the crushipg-rtHfoSrte or any other ore; and the Licensor also reserves the right to grast-»-^S3^territory licenses or territorial assignments under said patents, for the a the-mamvfacture-of-cemeai.

ELEVENTH: The Licensee shall not move, nor permit the removal of a£y Edison Giant Roll Crusher, or of any Edison secondary ornrWout of the said territory, or erect any plant containing any such crusher outside of the said territory, t | _

of any of the crushing plants hereinabove provided jo£_to--he--mstgtied~wIto said territory for crushing — ^ »f-««id-iaTttorrSnthout first having received the written consent

TWELFTH ; The Licensee shall keep separate books showing the amount of stone crushed by any crushing plant herein provided for, and such books shall be open and accessible to the Licensor or his duly authorized representatives at all reasonable times. In th* case e£-»

cpnrry - q . product will be shipped over one or more railroads, or other

transportation systems, the Licensor may elect and require that the royalties herein payable shall be based on the shipping receipts of the railroads or other transportation systems, by which the product of the plant or plants licensed in this agreement may be handled, and for the purpose of this agreement, in the case of such election, the total amount of the crushed stone shipped from such licensed plant, or plants, will be considered as the output thereof, whereon said royalties shall be payable. The Licensee shall, for each month, (whether plant is running or not), fur¬ nish the Licensor, in duplicate, a report of stone crushed for each plant separately and in such

P«gc e

standard one-page form as the Licensor may require for his records, which reports shall be mailed not later than the seventh (7th) day of the succeeding month, and the report shall be given for each day of the month, and under the heading of size, so as to show the amount of each size of stone crushed per diem.

The royalties above provided for shall be payable monthly and the Licensee shall remit to the Licensor the amount of royalties for each calendar month on or before the twentieth (20th) day of the succeeding month.

THIRTEENTH; Thu T.inantor agraar, at his own axpenso, when requested inwritigg by the Licensee so to do, and provided the exclusive rights herein granted shallbej^taified by the Licensee as herein provided, to prosecute such infringements as theLicenB«Smay designate within any part of the said territory, of any of the said patents^tbat-'may be employed by the Licensee, so as to thereby protect the Licensee and presepie-tfieexclusive rights hereby granted, and the Licensor also agrees, at his own exgejjseT'fo'defend any suits which may be brought against the Licensee for the infringegienTSTany patents by the use of the apparatus hereby licensed, and to indemnifyapd-SiE^harmless the Licensee against all costs and damages which may be recoveredagawTsttbe Licensee in any such suit or suits. In the event of any such suit or suitsjptkitflhesaid territory, the Licensee agrees to assist the Licensor in all reasonable and TTi-,1, ha-^pnn tn rti«.I-,iee»eee.

FOtHtTEEHTII ; The license hereby granted and the royalties payable by the terms of this agreement shall continue as long as anj-of said patents, used in connection with said ap¬ paratus by the Licensee, remain in force, unless the license herein granted for the territory shall be previously surrendered by the Licensee, or canceled by the Licensor, in accordance with the provisions hereof. If said patents are declared invalid by the final decree of a court of compe¬ tent jurisdiction, then the royalties provided for herein shall cease and determine.

remain in force, and subject to all the terms and conditions hereof^_the-bengflTr~ofall the im¬ provements that he may make, whether the^am»-«re-p5fentedor not, relating to the apparatus for crushing connection therewith, when such apparatus is

sgSgSg? The Licensee shall be permitted in advertising^and other printed matter to refer to the fact that the apparatus used is manufactured under the .Thomas A. Edison patents, but no other representation shall be made by which the impression may be created that the Licensor is connected with the Licensee in any other capacity than as Licensor.

G^/eNTB^T-H-: The Licensee hereby expressly recognizes and acknowledges the validity of the Letters Patent under which this license is granted, and each of them; andri^any

iconoo k grnnW, admits the title of the Licensor in and to the said inventions, .patents and Mtione, admits that the Licensor has the right and power to grant the rights and licenses

herein granted, and agrees, during the existence of this contract, not to contest or attack the validity of any of the said patents, either directly or indirectly, and further, the Licensee agrees not to make or be interested in any similar or Hke^machine or apparktu^either^directly or in¬ directly. The Licensee agrees not to install ^crusher manufactured, under the, Thomas A. Edison patents, except as said otushan-oii rrncWe,..™ nr .nra-manufnatu*«d. iinder-Qll-the-t-e«Be conditions proscribed -by this vstess ir/soose unoek * he" L/c£NS£

EIGHTEENTH ; The license hereby granted is personal to the Licensee and its sue- ■ cessors in business. It confers no right to assign this license without the written consent of the Licensor and it applies only tojcrushing plantf located within said licensed territory and which may-ha owned and operated by the Licensee.

Provided, however, that if aajw>aeS*-nKwa licensed crushing plante-hereafter-eenstrueted. by. the Licensee shall, at any time voluntarily, or by operation of law, be sold or transferred to a single person, firm or corporation, the said purchaser or transferee shall be entitled to operate the said plant or plants under the terms and conditions hereof, and subject to the payment, of royalties as herein provided, but no such person, firm or corporation, shall, by reason of such purchase, or transfer, be entitled to construct, erect or operate additional plants embodying the said patented ■awJ-a-opatentcd apparatus without the written consent thereto of the Licensor. Be-

£o££ AfEKtNE^y S/HE OF SE/O CEU3E/HG E/EA/T THE l/ESE SEE SSHLL HartE/ TEE A/EEESoE

‘^^HII'JBTb'bNEH : This agreement shall cease and determine and may be canceled by the Licensor, in case of the failure of the Licensee to pay the royalties herein provided, or a breach of any of its conditions, covenants or stipulations by the Licensee.

But this agreement shall not be canceled for failure to pay the royalties, as above pro¬ vided, or for breach of any of its conditions, covenants or stipulations, until the Licensor shall first notify the Licensee, in writing, of the default or breach, specifying the same, and thereupon the Licensee shall have the opportunity, within sixty (60) days thereafter, of paying the amount of royalty so in default, or of correcting such breach, and if said payment is made or said breach is corrected within the said period of sixty (60) days, this agreement shall continue in full force and effect until terminated for any reason or surrendered by the Licensee ; but, in case of a second similar default or similar breach, but thirty (30) days notice shall be given, in which to make the defaulted payment or to correct the breach ; and no notice shall be given or time for payment allowed in the case of any subsequent default of payment or breach of the conditions, covenants or stipulations of this agreement. In the event of the cancellation or other termination of this agreement, neither of the parties to this agreement shall, in any way, waive any right, either at law or in equity, to sue for and recover damages, for the breach or violation of the said agreement, or for any other appropriate relief, or recovery. ■ -

TWENTLEThT The rights, privileges and obligations of the respective parties in and to this license agreement, except as hereinabove otherwise provided, shall inure to and be assumed by the executors, administrators and assigns of the Licensor, and by the successors in business of the Licensee.

IN WITNESS WHEREOF, the parties hereto have e: cate the day and year first above written.

Witnesses,-

AGREEMENT

■between ;

THOMAS A. EDISON i

and j

ALT.IS -C HALKERS COMPANY.

I

. j

(Original) . \

Dated, November 29, 1911. I

. . . . . \

i

. ■ i

' • • f

■ . : !

// I

EXHIBIT C.

q o tU

THIS AOREKWKNT HADE AND ENTERED INTO this * 7 dny of 19U, I>y «h* between THOMAS A. EDISON, of

West Orange, Now Jersey, party of tho first part, and AM.I3- CH AIMERS COMPANY, a corporation organised and exitsting under tho Inna of New Jersey, with nenornl Office a at itilwmtkeo, Wisconsin, party Of the second pert}

WITNESSETH! that

WHEREAS* an agreement has been entered into between the portion hereto on this date in whioh, among other things. It was agreed in paragraph “EOURTH“ thereof, "that tho party of the see end part shall, on tho terms and conditions epooifiod in the Supplemental Agreement hereto attached, narked •EXHIBIT C“, and made a part hereof, manufacture ell EDISON CRUSKINC ROLLS hereafter built, for the party of the firat part or hie licensees, under said Letters Patent Seo, 672, 61*5 and 672,617?; and

WHEREAS! it ic tho object of this agreement (whioh le the “EXHIBIT C" before mentioned) , to cover tho terms and conditions for suoh issajufootuivnc of said rolls HOW rT 18 HEREBY AGREED BETWEEN THE PARTIES HERETO AS JOLLOWS:

PIRST:.,,.. Party of the first part hereby ant*800 that he and hie licensees will purchnoo from the party of tho ooflond part, and the party of the second part agrees to manufacture nnd soil to tho party of the first part or his licensees, all Edison oruohing rolls, to be made and operated according to tho inventions described and olaimed in said Letters Patent Nos. 672,616 amd 672,617 bef (rementioned, upon the torn 3 hereinafter set forth*

I SECOND:. ....It is agreed that the price of said

-Crushing Rolls, E.O.B. Milwaukee , shall be as follows!-

When the average price per

groec tan of No. 2 Northern The price of Edison nolle

coke "foundry Iron at ChlongO, ao quoted in the "Iron Arc" during the four wacko pre¬ ceding the receipt of order by party of the ocoond port is:

19. to 19.09

per ovary future increase or decline of $1* per gross ton of No. 2 foundry Northern poke Iron at Chicago, above or below the pricoa herein shown, the price of pdinon nolle is to advance or dcolinc in the same proportion aa ehovm in above eoalo.

Tho above prices are baaed on the designs and weights Of the Edison crushing noils of tho National Ua**"** Company of Hnrtinoburg, *oat Virginia, as shown on the draw¬ ings submitted by party of tho first part to party of tho second part and it is agreed that said prices are subject to proportionate reasonable adjustment as to increase or do-

THIRD: . Party of the first part agrees to ,

furnish the party of the second part, free of charge, f.o.h. Milwaukee, oomplete detailed drawings, specifications and necessary patterns of such Edison cashing R<*ls aB may 'be ordered hy him or his licensees from party Of the second part under this contraot, and it is agreed second party assumes no responsibility in connection with the design Of same.

EOUBTH: . . . . . Party of the second part agrees that it will fill with reasonable promptness all orders placed with it for Edison crushing Rolls under this contract, but in the event of interruption caused by serious fires, labor

strikes, or delays unavoidable or beyond the control of party of the second part, the obligation of the party of the second part to manufacture under this contract Shall be sus¬ pended until such cause shall have been removed, provided, however, that if at any time during this agreement the party of the second part shall be unable or negleot with reasonable promptness to undertake or to prooeed with any order placed with it for Edison crushing Rolls, under this contraot, the party of the first part and his licensees shall, upon giving notice in writing to the party Of the second part, be at

I liberty to manufacture or cause to be manufactured by others than the party of the second part the EdiBon cmshing Rolls covered by such order.

Party of the second part further covenants and agree I that it will repair E.O.B. works where made, or furniBh without charge E.O.B. its works, a similar part to replace, any material of its own manufacture which within one year after shipment is proven to have been defective at the time it was shipped, provided second party is given immediate written notice of such alleged defects. The party of the second part Shall not be held liable for any damages or de¬ lays caused by defective material.

The psrty of the second part agrees that in the

manufacture of said rolls it a workmanship will he first olaae throughout and that material will ho first olaee, in kinds and qualities, and conform to drawings and specif ioa- tlone of party of the first part.

It is agreed that the party of the first part shall have the right to inepeot, and to have his representatives inspect, said rolls at all times during the manufacture thereof hy the party of the seoond part, and to reject the Bame if not made aooording to the provisions of thiB contraot .

ffijXH: . The term3 of payment of Edison crushing ,

Rolls purchased under this agreement shall ho as follows:

On Crushing Rolls ordered direot hy first party:

Fifty per cent (50$ on shipment;

BALANCE sixty days (60) from date of shipment.

On crushing Rolls ordered hy any licensee, terms of payment shall he subject to the approval of Credit Department of Becond party.

SIXTH: . . . . .Party of the first part agrees to fully protect and save harmless party of the second part from any claims of infringement of Patents growing out of the manu¬ facture hy it of Edison crushing Rolls under said Letters Patents Nos. 672,616 and 672,617 and under any designs furnished hy first party, and in case of suit based upon such claim of Infringement party of the first part agrees to defend same at his own cost.

SEVENTH: . Nothing in this agreement shall give

party of the second part the rl^it to manufacture Edison Crushing Rolls under said Letters Patents Nos. 672, 616 and 672,617 for sale to or for use hy any person or parties other than party of the first part or his licensees, and IT IS UNDERSTOOD that the manufacturing right here conveyed to party of the second part is subordinate to any rights which first party may heretofore have granted, conflicting with

this license.

EIGHTH The provisions of this contract shall apply only to Edison finishing Rolls to he manufactured for use within the United States of Amerioa and the territories and possessions thereof.

. . The term of this c entrant Bhall he

coextensive with the term of the other heforementioned agreement between the parties hereto, Of same date, hut this agreement shall he subject to termination in accordance with the provision of paragraph "’EIGHTH"' in said other agreement.

IH WITNESS WKEHEOE the parties hereto have executed this agreement in duplicate, the day and jre^-firit^50ve v/ritten.

■between

THOKAS A. EDISON and

DUNBAR STONE COOT ANY.

Dated, November ^9, ■

THIS AORBEKF.NT HADE ABD ENTERED INTO THIS d«ty of ]X.ctK<-uJkJ^ a. D., 1911, between THOMAS A. EDISON

of west Or wise, New Jersey, party of the first part, and DONFiAR STOPS COKPAJJY of River Rouge, Michigan, party of the eoo end port.

WITNESSETH: that

WHEREAS: a license agreement hna been entered into

between the parties hereto, dated the day of

f 19X1, which licence agreement ie hereby i ferred to and made part hereof;

HOW, THEREFORE, IT IS ASRKSD BETWEEN THE PARTIES HERETO AS EOIXOWS:

The AT.LI 6-CKAEKERS COMPANY having; agreed to pay rcynltice to said Thomas A. Edieon on account of the cru Shins poll a of the tiunbnr atone Company at River Rougs, Michigan, it io agreed botvfaon the parties hereto that the said agree¬ ment of the Allis-CholTaero company to pay said royalties to said Thomas a. Edison on account of the crushing Rolls of the pun bar ptone Company at River Rouge, Michigan shall be taken and considered as payment in fxdl by the Dunbar stone Company to caid Thomas A. Edison of tho royalties provided for in said lioenao agrocnont botween the parties hereto, to be paid by said sunhar Rtcno Company or its trmsferce for tho ueo of said crushing Rolls of tho rjunbar stone Company at Rivor Rouge, Miohlgon withitt Ihe territory set forth and Halted in said license agreement. The provioiono of this agreement shall not affeot the provisions of eaid license agreement requiring tho lioenseo to moke known to the liconaor tho operation of said rolls or in any respect except to relieve the Dunbar Stone Company or its transferee I from the payment of royalty for tho use of said

-1- .

roll a within the territory sot forth and limited In the sold license norsemant.

in WITNESS SR TURBOS’ the parties hereto have exooutod

PRESIDENT.

AGREEMENT

■between

THOMAS A. EDISON and

EMPIRE LIMESTONE COMPANY.

Dated, November ? f 1911,

I H.

t oti*-

THIS AGREEMENT MADE AMD ENTERED INTO THIS cL< day Qf a. o.t xail, "between Thomas A. EDISON

of west Orango, New Jor say, party of the first part, and EMPIRE LIMESTONE COMPANY Pekin, N. Y., party of the second part,

WITNESSETH: that

WHEREAS: a license agreement has "been entered Into between the parties hereto, dated the ,$?*** day of KtfO, 1911, which license agreement is hereby referred to and made port hereof;

NOW, THEREFORE, IT IS AGREED H3TWEEH THE PARTIES HERETO AS eolt.ows:

The ATJ.IS-CHAI.MER8 COMPANY having agreed to pay royalties to said Thomas A. Edison on account of the crushing Rolls of the Empire Limestone Company at Pekin, "S. Y., it is agreed between tho parties hereto that the said sgroonent Of the Allis-Chnlners company to pay said royalties to said Thomaa A. Edison on acoount of the entching noils of the Empire LimoBtone Company at Pokin, N. Y. shall bo token and considered as payment in full by tho Empire Limestone Company to said Thomas A. Edison of the royalties provided for in snid licence agreement botween the parties hereto, to be paid by said Empire Limestone Company or its transferee for tho uoe of said crushing Rolls of tho Empire Limeotono Company at Pekin, N. Y. within the territory sot forth and limited in said license agreement. The provisions of this agreement shall not off eat tho provisions of said license agreement requiring the licensee to make known to tho lioensor the operation of snid rolls or in any respect exoopt to relieve the Empire Limestone Company or its transferee from the payment of royalty for tho use of snid

■betv/een

THOHAS A. EDISON and

CHURCH QUARRY COMPANY.

THIS AGREEMENT made and entered into this “1^, __ day of ^ff^wSU<A.D., 19U, between THOMAS A. EDISON of wrest Orange, N.J., party of the first part, and the CHURCH QUARRY COMPANY, successor to the SIBLEY QUARRY COMPANY, a corporation of the state of Michigan, having its office at

I Sibley, Wayne County, Michigan, party of the second part, WITNESSETH; -

WHEREAS the party of the first part has heretofore granted to the SIBLEY QUARRY COMPANY, predecessor of the party of the second part a certain license under letters- patent of the United states Nos. 672,616 and 672,617 of April 23, 1901, for Method of, and Apparatus for, breaking rock, and under certain other letters-patent of the United States and applications therefor, as will more fully and at large appear by reference to the agreement in writing be¬ tween the said parties hereto granting such license; and WHEREAS the party of the first part is desirous of granting a certain license under said letters-patent Nos. 672,616 and 672,617 to the Dunbar Stone Company of River Rouge, Michigan, which proposed license has been submitted to the party of the second part by the party of the first part; and

I WHEREAS the Allis-Chelmers Company, a corporation

organized and existing under the laws of the state of New Jersey, with general offices at Milwaukee, via., has offered to pay to the party of the first part, in full settlement of all royalties payable under said proposed license;-

"Six- tenths (6/lOths of a cent per cubic > yard of all material crushed by or passed through the Rolls at the Plant of the DUNBAR STONE COMPANY, and which may be crushed or broken stone, including screenings and waste, when the same is sold or used in making Sand Lime Bricks, Artificial Stone, Blocks, Lime, etc. but no royalty iB to be paid on such screenings and waste if not sold or used in the mamfacture of Bricks or Artificial stone,

I Blocks, Lime, etc."

-1-

and WHEREAS the party of the first part has prosecuted a suit based on said letter s-patent Nos. 672,616 and 672,617 in the Circuit Court of the United States for the western District of New York against said AlHe-Chalmers Company,

Empire limestone Company and The Casparis stone Company as defendants, in which suit a decree has been entered upon final hearing, sustaining said letters-patent and each of them and finding infringement and granting an injunction; aid WHEREAS an appeal haB been taken from said decree in said suit and it is desired by all parties in interest to terminate the litigation of said suit;

HOW, TKEREEQRE, it is agreed by and between the parties hereto as follows; -

EIRST: The party of the second part hereby approves

and authorizes said license agreement which the party of the first part proposes to make with the said Dunbar stone Company.

SECOND: In consideration thereof the party of the

first part agrees to pay over to the party of the second, part, so long as the license heretofore granted by the party of the first part to the SIB1EY QUARRY COMPANY, predecessor of the party of the second part under said letters-patent Nos, 672,616 and 672,617 shall continue in force, all the royalty paid by said Allis-chalmers Comp any to the party of the first part under the provision of the offer of the Allis-Chalmers Company above quoted, on account of material crushed by, or passed through, the said rolls at the plant of the Dunbar

I Stone Comp any, SROYIBED, HOWEVER, that the royalties to be paid over to tiie party of the second part by the party of the first part in accordmce with this a(p*eement and “W other agreement o^r agreements shall not, in the aggregate, in any calendar year, exceed the total amount of the royalty payable by the party of the second part to the party of the first part for the same calendar year. The adjustment of any dif¬ ferences in the said payments of royalty between the. party

. of the second part and the party

of the first part which may arise hy reason of any disparity in the amounts of monthly royalties paid, or for any other reason, shall he made quarterly or more often as may he mutually arranged from time to time between the parties hereto.

THIRD: In consideration of the agreement of the

party of the first part to pay over to the party of the second part the royalties above specified the party of the second part hereby releases the Allis-Chalmers company and the Dunbar stone company from all claims and demands for damages and profits which the party of the second part may now have on account of past infringement of said letters-pat- ent Bos. 672,616 and 672,617, or either of them, in so far as the plant of the Dunbar p.tone Company at River Rouge, Kich. is concerned, and the party of the second part agrees that the agreement of the party of the first part to pay over to the party of the second part the royalties above specified shall he taken as payment in full of all royalties

specified shall he taken as payment in full of all royalties provided for in said license agreement which the party of the first part proposes to make with the said Dunbar Stone Company FOURTH: This agreement shall be void in the event that the party of the first part does not make said proposed license agreement with the Dunbar ptone company.

IN WITNESS WHEREOF the parties hereto have executed this agreement in duplicate the day and^j&er^firit^above

1

Party of the first part. CHURCH QUARRY COMPANY,

-3-

The SIBLEY (JJARRY COOT AMY hereby represents and warrants that the CHURCH QUARRY COMPANY is its successor and has full right and authority to mate the foregoing agreement with Thomas A. Edison*

Dated 1911.

SIBLEY QUARRY COOT ANY,

By

President,

A GHEE MEN T

■between

THOMAS A'. EDISON and

T7TE KELLEY ISLAND LIKE & TRANS¬ PORT COMPANY.

_ _ -

Dated, November 22, 1911.

THIS AGREEMENT mado and entered Into thie day of *•».» 1911 1 between THOMAS A. EDISON

of -vest Orange, N. J., party of the first part, and tho KELLS] ISLAND LIME & TRANSPORT COMPANY, R corporation of theState of Ohio, party of tho oeoond port, WITNESSETH j -

WHEREAS tho party of the first port has heretofore granted to the party of the second part a certain lioenBe under letter o-patent of the United states Nos. 672,61(5 and 672,617 of APril 23, 1901, f cr Method of, and Apporntue for, breaking rock, and under certain other letter s-patent of tho United states and applications therefor, ns will more fully and at largo appear hy reference to the agreement in writing between the said parties hereto grunting such license’, find WHEREAS the party of the first part is desirous of granting a certain license under said lettero-patent No; 672,616 and 672,617 to tho EMPIRE LIMESTONE C (HP ANY of Pekin,

!!• Y. , which proposed license has been submitted to the partyj of the second port hy the party of the first part; and

WHEREAS the Allis-chalmers Company, a corporation organized and existing under the laws of the state of New Jersey, with general offices at Milwaukee, Win., has offered to pny to the party of the first part in full settlement of r41 royalties payable under said proposed licensc;-

" One -half (l/2jrf) cent for every cubic yard of all material crushed hy or passed thrmi^i the Rolls at the Plant of the EMPIRE LUiESTONE C CMP ANY and which may he crushed or broken stone, including screenings and 'waste, when the some is sold or used in making Rand Lime Bricks, Artificial Stone, Blocks, Lime, etc., hut no royalty is to he paid on such screenings and waste if not odd or used in the manufacture of Brioks or Artificial gtonc,- Blocks, Lime, eto., and no royalties Bhall ho paid on n greater amount than three hundred thousand cubic yards of ouch material, in ease of the Empire I*imo- stono Co., in any one year during this agreement* provided however that in the event that tho material crushed hy or passed through said rollo| at the plant of the Empire Limcstono company or any part thereof except screenings is sold or supplied by the Empire Limestone Company to others than tho Lackawanna Steel Company or is sold or supplied to otherB hy the Laokawanna

Steel Company, the said limitation that no royalties nhall he paid on a greater amount thar threo hundrod thousand ouhio yordn of nuoh ma¬ terial in any one year during thin agreement shall heoorae and he of no effect, and provided also that eaid royalty shall he paid hy the party of the oeoond part to the party of the firot part on all soroeningc and waste in ex- oo bs of said three hundred thoueond cubic yards hereafter orushod hy or panned through said roll a and oold to otherB than the Lacka¬ wanna ntoel Company"} and

WHEREAS the party of the firot part has prosoouted a suit based on naid letter o-patcnt Woe. 672-, 616 end 672,617 in the Circuit Court of tho United states for the western District of Hew York against said All in-Chalmers company, Empire Limestone Company and The canparls Stone Company, as defendants, in which nuit a decree hao been entered upon final hearing, sustaining said le item-patent and each of them artl finding infringement and granting an injunction} aix:

WHEREAS an appeal has been taken from eaid decree in said suit ard it is desired by all parties in interest to terminate the litigation of said suit}

NOW, THEREFORE, it is agreed by and between the parties hereto as follows}-

EIR8T: The party of tho second part hereby approves and authorises said license agreement which the party of the first part propooeo to make with tho said Empire Limestone Company.

SEC CND: In consideration thereof the party of the first part agrees to pay over to the party of the seoond part, so long as the lioonse heretofore granted by the party of tho first part to the party of the second part under eaid lettora-patent Nos. 672,616 and 672,617 shall continue in foroe, all the royalty paid by said Allie-Chnlmcrs Company to the party of tho first part under the provision of the offer of the Allis-Cholmors Company above quoted, on aooount of material orushed by, or passed through, the said rolls at the pi ant of the Empire Limestone Company, PROVIDED,

i r

- i (

HOWEVER, that the royalties to be paid over to tho party of the sco ond part by the party of the firot part in aooordance with this agreement shall not, in the aggregate, in any onl- endar year, exceed the total amount of the royalty poyable b;r the party of tho seoond part to the party of the first part for the name calendar year. The adjustment of any differ¬ ence o in the said payments of rayed, ty between tho party of the second part and the party of the first part which may arise by reason of any disparity in the amounts of monthly royalties paid, or for any other reason, shall be mode quarterly.

THIHD: In consideration of the ngreonent of the party of the first part to pay oyer to the party of tho second part the royalties above specified tho party of the second part hereby releases the All is-chnl mors Company, the Empire limestone Company and Tho caoparis ntone Company from all claims and demands for damages and profits which the party of the second part may now have on account of past infringement of said letter s-patont Eos. 672,610 and 672,617, or either of them, in bo far as the plant of the Empire Limestone Company at Pekin, H.Y., is concerned, and the party of tho seoond part agrees that tho Rgroemont of the party of the first part to pay over to the party of the seoond pnrt the royalties above spocified shall be taken as paymeht in full of nil royaltiOB provided for in said license agreement which the party of the first pnrt proposon to make with the said Empire Limestone Compnny.

The party of the first part covenants that ho will furnish to the party of the second port promptly as the same are reoeivod by him, duplicates of all reports made to him by said Empire Limestone Company pursuant to the license to he granted to it as aforesaid, showing the quantity of

-3-

Material cniohed, including tho quantity of screenings nnd .vaate produced, and tho quantity of uuoh screenings and waste which hao been oold or used for any oonmeroial or Manufactur¬ ing purpose, and the party of tho first part further agrees that he will, at the request of the second party .appoint the nominee of the party of tho second part aa on .authorized representative of the party of the firot part for the examin¬ ation of the hooka of said Empire Limestone Compony.

FOURTH: ThiB agreement ia supplemental to a oertnin memorandum of agroeipeftt mode and entered into on the 16th day of A«g«Bt, 1909, hy and betwoon tho parties hereto, which Baid agreement in horehy confirmed and is to he nni remain in force except as herein modified, and is in lieu of and in full satisfaction of the covenant b of the Lioenaor (party of the first part heroin) contained in that part of tho Fourteenth Article of Baid agreement

whereby the Licensor covenants with reBpoot to the suit hereinbefore mentioned, then pending in the United States Circuit Court for the western pint riot of Hew York against tho Allle-ghalmero company, Krnpire Limestone Company nnd The casparis gtone Company, nnd with rospeot to the

granting of a license for the operation of the crushing

reals located at Pekin, Now York, to which said milt rel ated^ that the Licensor (party of the first part hereto) should p™ 'to the Licensee (party of the Bcoond part hereto) n certain

percentage of oertaln royalties to bo received by him upon stone crushed by said crushing rolls at Pekin, New York and the faithful performance of this oantrnot on the part of tho party of tho first part hereto shall bo deemed a full

oompliance with the aforeaaid oovenantB of Bald contract of the 16th day of August, 1909, relating to said suit and the payment of said percentage of said royalties on stone orushed hy said crushing rolls at Pekin, N. Y.

FIFTH: This agreement shall not become effective until the party of the first part shall make Baid proposed license agreement with the Empire limestone Company and 8 aid proposed agreement with the Allia-Chalmers company v/herehy it agrees to make the aforesaid royalty payments.

Party of the first part agrees to use due diligence in ascertaining ahd collecting said royalty utilizing all necessary proceedings therefor and to account for the

same as received by him.

IE WITNESS WHEREOF, the parties hereto have executed this agreement in duplicate the day and year^fir written.

WITNESS: — ««*-

Party of the First Part.

THE KEELEY ISLAND LIKE & TRANSPORT COMPANY,

President. Party of the second Part.

■mz. .

UNITED STATES 0E AMERICA, )

Western Distriot of Now York )

I, HARRIS S. WUXI AMS, Clerk of the Circuit Court of the United states, for the western District of New York, do hereby certify that I have compared the annexed copy of injunction and Marshal’s Return in re Thomas A. Edison -vs- Allis-Chalmers Co. et al with the ordinal entered and on file in this office, and that the same is a correct trans- oript therefrom, and of the wholo of said original.

And I further certify that I am the officer in who ee custody it is required by law to be.

IN TESTIMONY WHEREOE, I have caused the Beal of the said Court to bo affixed at the city of Buffalo, in said District, this 19th day of December, A.D., 1911*

HARRIS S. WILLIAMS,

Clerk.

(seal:

Circuit Court of the United States. Western' District of New York).

United states of America, ) ^

Western District of Hew York )

I hereby oertify fchd return that I served the |

annexed injunction on the therein-named Empire Limestone Company by pavid Hyman, vice Pres, of said Company, and on Allis Chalmers Company by C. R. Tatem, Manager for said Company by handing to and leaving a true and oorrect oopy thereof with each of them, and by showing each of them the original Injunction with the seal of the Court thereon per¬ sonally at Buffalo, in said District on the 16th day of Dec A.D. 1911.

Wm. R. Compton, U. S. Marshal.

By Maurice L. Doty, Deputy.

Servioe $4.00 Travel .12 _

I

The President of the United Staten of America to Allis-chnlaero Company, Empire Limestone Company and The Caopnrls Stone Company and eaoh of them, and each of their officero, agents, attorneys, associates, servante, -.workmen and employees and <&1 persons claiming or bolding under thorn or any of them, GREETING* -

V/HEREAS, on the 13th day of June, 1911, in a suit in equity pond ins in the Circuit Court of the United States for the woatern pistrlot of Sow York, between Thomas A.

Edi con, complainant, and Allis-Chrilners Company, Empire limestone Company and The ganpnrls Stone Company, defend¬ ants, on liSttero-Pntent of the United Staten, Ho. 673,616 raid 673,617, issued APril S3, 1901 to Thomas A. Edison, ft decree was entered holding that sftid I* ttarn-Patont are good and valid ns to the claims thereof raid that eald Thomas A. Edison ia and has been since April 23, 1901, the cole and exclusive owner of the legal rand equitable title in and to said lettere-patcnt, finding that the said defend¬ ants have infringed claims 1 and 2 of said letters-pate rlt No. 072,616 and olalmn 1, 2, 3, 4 and 7 f said letters- patant Ho. 672,017, and enjoining said defend onto and their officers, agent o, oto. against further infringement of said claims and dlreoting that said defendants account to sold complainant for nil the profits made by ani^defendonte and for all the dsraagos suffered by said octt®i-*innrtt by reason of said infringement by said do fondant a, and direct¬ ing that the ooraplnlnent recover from a0i defendants the costs of said suit to he taxed as provid^ln s^id decree J And WHEREAS said defendants took1 ap appeal from noi< decree to the United States Circuit. Cour^ef App^la for th«

Boo and C iron it} ; . V

And WHEREAS, as appears by the mandate of said United states Circuit Court of Appeal n filed in the office.

-1-

»V;; n

qf thftjolerk of onid Girouit Court of the United Rtntos for V\io ysijtern Diotriot of Sow York on tho 7th day of DCoeriber, lVn, ihnt tho naid appeal wan cUaaiaaodJ

\ And SUEREAS, by a deoroe entered on said mandate on

7th day of Doeembor, 1911, tho decree of the naid United Stntee Circuit Court of APP cal a was made the deoroe of the \ naid Circuit Court of the United States for the Western District of Hew York;

And WHEREAS, ao appop.ro from a final deoroe in naid cult entered on the 7th dny of December, 1911 in the office of the clerk of naid Circuit Court of the United States for the Western District of Now York, it has been represented to us in our Circuit Court of the United States for the western District of New York in the second Circuit, that lottors- pntent of the United states Ho. 672,610, for Method of Breaking Rock, and Ho. 672,617 for Apparatus for Breaking Rook, granted to Thom an A. Edison on April 23, 1901 are good and valid ao to claims 1 and 2 of Ho. 672,616 and ao to olaimo 1, 2, 3, 4, 6, 6 and 7 of Ho. 672,617, and that Thomas A, Edison is now and has been ninoo April ^i^01

the oolo and exclusive owner of the legal and oquitablo title in and to said lottern-patent Ho. 672,616 and 672,617, and that you, the oaid Allis-Gholmero company, Empiro Btae- otono Company nnd The caaparis Stone Company hnve infringed upon said lettero-patent by tho manufacture, use nnd onle of apparatus for breaking rook operating aooording to the

nnd invsntionn of o In tan 1 and 2 of oaid letters- patent Ho • 672,616, and containing tho ocrabinatlono and inventions of claims 1, 2, 3, 4 and 7 of said letters-patont Ho. 672,617, infringing oaoh of the olaimo mentioned of said two lottors-potent}

How, therefore, wo perpetually enjoin and restrain you, the naid Allis-Chalmers Company* Empire limestone Company and The c«»parla Stone Company and oaoh of you, and1

K^sentf'ifc. ‘ >72, 6X6,

\ Of 0?|gt|^

your and each of your officers, agents, attorneys, bbso- oiates, servants, workmen and employees, and all persons olaiming or holding under you or any of you, from manu¬ facturing, ueing or selling, or in any way disposing of, apparatus for breaking rook operating in accordance with the method or invention of olaim.\ 1 or of olaim 2 of Bald letter or containing ithe combinations or inven-

:, 4 or 7 oi said letters-patOnfe'.^ct.

o ’•:S'rX' ! H I- -h coJZmr

67^,617,. a^d-ifror, ^aotuj'^hSi tjsing o£ selling or*|pqany

j May diaJpoEtii^i.bf, Apparatus pr a'^lces wjiich embody tithe"--; i 0<^£{j^lol1 or invention j;f any of. b aid olafing Jptp-

! *#§*' °V g«^|wo|lettereri|tenti W ^rj^afe inW§;k.

(jperated ih acci;’ /irdanjdgj ^herewith, £ein(£{frbm v1 j using or^^byingjin any .w|f the (jmetl&g ||o if ied in:claim|/ or in ola^mi-B of atld lettors-pat( (?nt NoT ^

V .-enae of oomplalhaht. \ [

Witness, the HONORABIE KD^ARD D v WHITE, chief Justice| of. the supreme Court of the Unitjed States, at the Cit^ of Buffalo, in;the~western Distriot of New York, 0n the 15th ~ day ,of peoember, 1911, , ' V

(Seal: United s tat sb Cirouitt- Court, western. pistriot of’ New York) ., >: i ^

JKSk- 3 olio 3

ltor and Counsel for Complainant, 71 Nassau street, Y

■ New York, N.Y. '

w

The Edison Crushing Roll Co. ^

ROCK CRUSHERS

PRINCIPAL OFFICE. EDISON LABORATORY ORANOE. N.J.

WORKS OFFICE. STEWARTSVILLE. N.J.

December 27, 1911.

Mr. H. E. Miller,

Edison Laboratory, /Jfc

Orange, N. J. u " ' '

Dear Sir:-

In connection with the contract between Mr. Edison and the Church Quarry Co. relative to the royalty to be paid by the Allis-Chalmers Co. for account of the Dunbar Stone Co., Detroit, please note that on Dec. 12th Mr. Edison signed a letter, which was forwarded to them, substance of which is as follows:-

"Referring to the contract between your Company and myself under which I am authorized to execute the License Agreement with the Dunbar Stone Co., Detroit, Mich., beg to state that it is my under¬ standing that any royalties received from the Dunbar Stone Co. are to be turned over to your Company and are not to apply against the total amount of the royalties to be paid to you as covered by a previous contract".

The reason for the matter having been handled in this way, was that Mr. Church would not approve of the contract as first drawn, by which the royalty from the Dunbar Stone Co. was to be considered as applying against the total amount of the royalties paid by the Church Quarry Co. under the terms of previous contract, and I told him that if he would sign the contract as drawn, so not to delay the closing of the matter with the Allis-Chalmers Co., that I would have Mr. Edison

write him a separate letter changing the terns of the contract, which was done on Dec. 12th, 1911, and you have copy of letter in your hook.

Will you therefore attach my letter to the agreement with the Church Quarry Co., so that there can he no misunderstanding in the future, and please also note that any royalties that you receive from the Allis-Chalmers Co. for account of the Dunbar Co. ore to he turned over to the Church Co.

Please acknowledge receipt of this letter, stating that you understand the conditions of it.

Yours very truly,

Legal Series ■■ Harry F. Miller File Group 2: Financial Material (1913-1914)

This folder, covering the years 1913-1914, contains groups of documents that are related to entries made by Harry F. Miller in an unidentified journal. On the back of the last page in each group is a number that presumably corresponds to the number in the journal entry. Included are items pertaining to loans made to Edison by Henry Ford and Miller Reese Hutchison and to a gift of $100,000 in Edison Storage Battery Co. stock from Edison to his son Charles. Also included are documents concerning Edison's stock and bond holdings in the Condensite Co. of America, Edison Portland Cement Co., and Halogen Products Co., as well as other financial transactions involving Rosanna Batchelor, the widow of longtime associate Charles Batchelor; investor James Gaunt; and the Motion Picture Patents Co.

The groups have been filmed in numerical order. The group number appears on the microfilm at the beginning of each group and below each document in that group.

Approximately 50 percent of the documents have been selected, including all of the items in each selected group. The unselected groups consist of records of routine internal transactions and payments; items pertaining to Edison's companies rather than to him personally; and material that duplicates the information in the selected documents.

144

[ATTACHMENT/ENCLOSURE]

In reforenoo to the Halogen Products Co. , the annual meeting was held to-day.

V/hen the Company was formed it was thought that §10,000 cash wouia he sufficient to install the apparatus and put the company on a paying basis. This would probably have be on the case if fate storage Battery Co. had continued to use the Tetra to the amount anticipated. A good many changes in the apparatus were found necessary and a special distilling apparatus had to be installed, because it was found that there was practi¬ cally no demand for the crude material; what people wanted was the refined wax of light color. The making of these changes has involved an expense of about §7,000, which is now owing to the Pennsylvania Salt Hfg. Co., and on which they are pressing for payment. Further changes to be made will probably require a few hundred dollars more.

The situation which therefore confronts us is, that we must raise more capital— enough to pay the indebtedness of between seven and eight thousand . dollars to the Pennsylvania Salt Hfg. Co. and to provide additional •capital to run the

Hr. Dyer tells me that he has submitted the matter to the directors of the Condcnsite Co. (which is now on a profit¬ able basis) and that the Condensite Co. will tako over the Halo¬ gen Products Co. on the following basis:

1. Stock in the Halogen Co. will ho exchanged i stock in the Condensite Co., share for share, either oommoi

144

[ATTACHMENT/ENCLOSURE]

Mr. Edison- 2.

preferred, as you desire. S’inoe the preferred stool: is not cumulative , ^considers tho common stool: more valuable.

2. 'i'he Oondonsite Oo. will essumo all obligations of the Halogen Co. and take over oil its assets, including patents, apparatus, accounts receiving and cash.

'3. The Condensite Co. will take over and assume the obligations of the contract with the Edison Co. to supply Halogen products to the Edison Co. at cost plus 15$. The Condensite Co. will also assume the obligation of the Halogen Co. to permit the 15$ profit to be credited to the account of the Edison Co. until the account is wiped out.

4. The Condensite Co. will assume the obligations of the contract with the Pennsylvania Salt Mfg. Co. and meet all of its bills as renderod. The Condensite Co. will agree to raise not less than OlG.000 cash to pay the indebtedness of the Pennsylvania Salt Mfg. Co. and provide capital for running tho business.

I think that this proposition should ho accepted.

If not, then we will have to take stepB to ra-'se additional oapital for tho Halogen Co. by selling additional stock.

Or, if you would profer, I can present the matter to tho Pennsylvania Salt Mfg. Co. and see if they would be interested in tho proposition. Possibly they would he willing to take it over. Of course it would also be possible to have the Edison Co. continue to advance money to koep tho Halogen Co. going, the amount to be returned on the 15$ basis. Mr. Dyer leaves the entire matter to you and will agree to any of the above plans that you approve.. Ihii

144

[ATTACHMENT/ENCLOSURE]

Junuary 15, 1913.

REPORT OH HALOGEH PRODUCTS COUPAIiY.

Chlorinating unit ana stills sent to plant of Pennsylvania Salt life. Co., \'/y andotto, Hioh. , in May, 1012, at v/liioh time Lancaster with two helpers went out to make the. installation.

Owing to the absence of the Superintendent of the Salt Company's plant, Mr. Voroe , and the break-down in their plant, we did not operate until August. We then found numerous changes necessary in the equipment which reduced the capacity of the unit from 1750 lbs. to 750 lbs. of Tetrs per diem.

The stills are now being altered to produce the uesirod form and will undoubtedly be ready for operation by February lot.

ORDERS FILLED

Walpole Rubber Co., Condensite Co.

T. A. Edison, Inc.

Y/estorn Electric Co.

2018 lbs. Crude Hexa

1740 " Dist. Mono

1299 " "

674 " Chloro-Phenol

120 " Dint. Tri, Oxid.

PROSPECTS

The Western Eleotrio Co. have made nil their laboratory tosts and have approved the oxidized distilled which we have

shipped on their order to their factory at Hawthorne, Ill., for com¬ mercial application, and they have promised definite word in this matter by February 1st. In the meantime, we are to make up 200 lbs. more of this form to show our ability to exactly duplicate the product They will use 400 lbs. a day.

144

[ATTACHMENT/ENCLOSURE]

(2V

' * General Electric Co., Pittsfield, Ivlass., have tested out

-the Distilled Tetra and on the 11th inst. wrote for a price (large quantities). Gave them a price of 16/ f.o.b. Wyandotte for monthly carload lots.

General Electric Co. of Schenectady are now waiting for a supply of Distilled Hexa for impregnating armature coils, mixing with rubber for insulated, wires and for impregnating the braid of covered wire. Mr* Aylsworth spent the afternoon of the 9th at tho plant and the evening with Dr. Steinmetz, who was very enthusiastic over the material and we arc now getting up for him a full lino of samples showing all forms. As coon as wo can give them the improved quality of Distilled Hexa they will make immediate tests for the above purpose.

The Walpole Rubber Co. found the Crude Hexa, of which they had a ton, not exactly suited to their requirements , and their Engineer recently visited us to ascertain the host form for his uses and assures us ho will use Halowax in large quantities as soon as he definitely decides on the best form.

The Goodyear Rubber Co. of Akron, Ohio, have shown some intorest, but business is delayed with them until we oan provide them with tho improved distillation of the Hexa.

It seems almost sure that v:hen we oan show the now distillations that wo oan establish satisfactory business with tho various oloctrioal and rubber faotories.

144

[ATTACHMENT/ENCLOSURE]

By ‘anticipating their retirements , plaoing an order f^

-Distilled Cliloro-Phenol, the Edison Co. can got the medial at a muoh lower oost than plaoing their order in small Ifmi, and we figure that by the time this order would ho oomploted^ho Wostern l&eotric Co. business and business from the Walpole Kuftber Co. would be coming in to enable us to continue the oration of the plant.

V/e have cut down our factory' labor by half, Mr. Lancaster having dispensed with the sorviccsj/of the two raon whom he tools out with him and now employs a workman secured locally at 17 l/r. an hour.

/

144

[ATTACHMENT/ENCLOSURE]

RECEIPTS

i. A. E. Ino. loan a/o Stool: sold for oash Realized Mdse. Sales

DISBURSEMENTS

§10,900,00

400.00

743.81

Material

labor, Steam, Elect, eto. , Machinery, Instal- , Tools, etc. Hiscel. General Expense Cash Balance -

Due Penna. Salt Co. ^5927.93 " T. A. E. Inc. 609.05

§12,043.81

6,556.98

§18,580.79

' $8,315.95 1,646.76 9,962.00 3,335.20 1,520.88 $18,580.79

$18,580.79

Value of finished product on hand. Value of Naphthalene on hand.

$ 656.23

1,155.67 $1,811.90.

PIHAHCIAIi REPORT OP THE H,\10GE3.!_ PRODUCTS OOMPjUtY PROM DATE OP ORGANISATION TO .huUiJlV 1, 1913.

The December aocount of the Pennsylvania Salt ISfg. ,0°. amounting to about $1,000 is not included.

144

[ATTACHMENT/ENCLOSURE]

J ft&L d&JL Af^Msvu*-j

(jtJltJi &usijua4' <hj-.. GJUL

oj- AfjUm!( do oaa^.'^/Ulm^u^ A;kvf^ J^/beC jLu ~jfc$Juru.<lL. ^<Lo ^Ui^\ Mrt^uXJ^ Of/. ji/^AAJis *£ ^0*1* (bjd

duJ. Aw AtffatSLU jdb (SoT^yfu^ MrtruJ^

. . .

."* jLl - VCx' Ct>fis-s-e^w

i^.'Co (o^ L'ifr*r**s*^iyV

;A ^S‘as5=tk

Sn "... X, W- q ~

144

[ATTACHMENT/ENCLOSURE]

144

h

155

i

[ATTACHMENT/ENCLOSURE]

Edison Portland Cement Company

OFFICE OF THE PRESIDENT

G»*

*fi

New York Citv. March 31st, 1914.

Mr. Harry F. Miller,

The Thomas A. Edison laboratory, Orangq.H.J.

Bear Harry

Referring to your inquiry relative to noteB for ooupons due Mr. and Mrs. Edison, X beg herewith to hand you a letter from Mr. Beitlin, which explains itself and from which you will note, that on Beoember 1st, 1913, when renewal notes were issued to all the Bireotors, the two notes, that I- beg herewith to enclose, and which I would ask you to mark off your list of notes, were included in notes which fall due Beoember 1st, 1915.

X am not quite clear in my recollection whether or not, these new notes had been sent to you. If not please advise me at this office and I will look the matter up when I return to the plant on Saturday.

If you have reoeived them, will you not return to us the old notes, together with the ooupons, as stated in Mr. Bietlin's letter.

WSM. SFB

Tours very truly

155

[ATTACHMENT/ENCLOSURE]

The Edison Portland Cement Co.

... SALES OPPICBS.

Telegr.pl., Freight ..d Pu^nger Station, NEW VILLAGE, N. J. PH.L.DKLrniA, PA„Arc.dc Bqlldlny

n*wa«“n.'j:,y"

p.o. address. STEWARTSVILLE, N. J. *"*’ P“ “

March 30, 1914

Mr. W. S. Mallory, President,

Hew York Office.

Dear Slr:-

In accordance with telephone conver¬ sation of this &. M. I am enclosing herewith the notes in favor of Mr. & Mrs. Edison, which matured on December 1st, 1913. In order to get our liability for unpaid ooupons off the books, it was necessary that these notes were' put through our records at the time they were drawn, Ootober 1, 1913. On Deo ember 1, 1913, when we issued renewal settlements for all the Directors notes aue on that date, these two notes were included in the new notes dated December 1, 1913, due Deoember 1, 1915, given to Mr. & Mrs. Edison, as per the statements herewith attached. Mr. Miller, should therefore receipt these two vouchers ana return them.to us together with the 759 ooupons which oame due Ootober 1, 1913, and all the old notes covered by our renewal notes dated December 1, 1913, due December 1, 1915 for $28,080.00, §203,203.43, and §1,720,043.14.

155

[ATTACHMENT/ENCLOSURE]

0-e ^ rX*o "V- */■>)-•

'fesO . / , ,ff /.^ C^OUJ JPuj-

l^)')nst~'£Oc' stop cr~? ;

ZLtPlc JrtCL. &e/h. ^ / - / i rt'pv. I- ;>

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{bynM.

i t~ i •■>• r» - ?'&r ...?■.>? ?.« •>.■ ■ M77«

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AJ'. ,

'i^rr. 1 ry-y^e ■

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,$■!&>• -3- %■

ef£<J- 8" o / 9 -7.7.0.

W-atSAt

2-0 4-4 / 5" ^ ‘ .,

/ ,X_ I % iTO ^ •• : ■

: Clrfft/*’ K-M-/ crj /ritcb

d.(CL<Ab < -/.?/*>

L( ‘iha* ZhtAoiJ>-iA~ Acte; i&co 7/, tfl l crtO ^i.^Zt^'p'ry

) 2. / -y^r°, >$' ...

4^-z^ /£ -y^rC-jiT oCtZLA <zpz>, /.,,. / V f v-

— A,okrt'*/k 'r^#vrO„ %-/, >^f / / •

155

[ATTACHMENT/ENCLOSURE]

we received from Motion Pioture Patents Company to

cover first payment on account of their purchase 6S

'•/e. S

stock in the National Waterproof Pi lm Co. Inasmuoh as this stock is held by Mr. Edison, we have endorsed the check 6ver to him.

Trusting ycfjl will find this to be satisfactory

156

[ATTACHMENT/ENCLOSURE]

[ATTACHMENT/ENCLOSURE]

W. S. Mallory, President,

Edison Portland Cement Co.,

Stewart sville, 3J.J.

Dear Sir:

Confirming our 'phone proposition to you of even date concerning the timber matter referred to in yours and Hr. Carhart's letters of the 30th ult., X can offer you $22,500.00 for your Edison timber tract of approximately 2248 acres. This would be strictly a cash proposition and in other respects as outlined in my offer of the 24th ult.

I make this proposition with due consideration for Mr. Edison's mineral rights, as outlined in your letter of the 30th ult.

As stated to you verbally I am leaving for the South Tues¬ day, the 10th inst., and I understand you will advise me tomorrow by 'phone the result of your interview with Mr. Edison, which will, if the proposition is accepted, permit me to get together with Mr. Carhart or such other parties as you may delegate on Monday, the 9th inst., to close the deal.

I endeavored to get in telephone communication v/ith Mr. Carhart both yesterday and today, but without success, and I sincere¬ ly trust that there will be no misunderstanding on his part because

of the fact that I have taken this matter up directly with you.

Thanking you for your consideration of the personal feature involved in my attempt at hastening these ma£$gjf£, I aii Very truly yours. - -

FEB - 7 i9l4

[ATTACHMENT/ENCLOSURE]

“'''The Carbon Copy of this letter- is in the I>e , Department file 211

letter Press Copy in legal Deportment letter Book

February 11, 1914

A. P. Cobb, Vice President,

The He?/ Jersey 3inc Company,

#55 Wall Street, He?/ York, il- Y.

Gentlemen :■ ■

Regarding the so-called Kdison timber tract recently acquired by me from the receiver of the Hew Jersey and Pennsylvania Concentrating Works:

I accept your cash offer of §22,500, for this tract, consisting of about 2248 acres, located in Sussex and Morris Counties, Hew Jersey; it being understood that I shall convey sich rights as 1 have acquired in this property, excepting and reserving to myself all the minerals in and under the property, v/ith the right to prospect anywhere at any time, to mine and ship ore, erect such buildings and lay such tracks on said tract as may be necessary in connection with the mining, preparation and shipping of any and all ores, and with the right to use the roads on said tract and any waters on said tract which may bo necessary for^mining, dressing and preparation of ores for the market; and with the further right to convoy away such waters through natural water courses running through or over said tract.

You shall have thirty days in which to examine title, and X will turn over to you upon request copies ofaii title papers in my possession which may be of assistance in such examination; it being understood that you will pay the consideration price,

161

[ATTACHMENT/ENCLOSURE]

February 13, 1914

and receive aeoa as soon as examination of title is completed.

There are now on the property certain dismantled build¬ ings, and building material which I have heretofore sola to j. H, Oliver & Co., 1414 South Penn Square, Philadelphia, Pa., and this present sale is made subject to any rights which the said J. H. Oliver & Co. may have to remove and carry off said buildings and material in accordance with my agreement with said 3 . H.

Oliver & Co.

Yours very truly Signed by Thomas A. -idis on

//

A. P. Cobb, Vice President - 3 -

[ATTACHMENT/ENCLOSURE]

Utter j&rembimt ©a.

ia the only means of continuing navigation as the latter firm ie forced to retire due to the severe losses incurred hy fire and sinking of boats in January and February of this year.

The new Company is now constructing a three deck 100 HP Steamer with accommodations for sixty state room pass¬ engers, to ply between this City and Miama beginning January 1st. The jjteamer will be modern in all respects being equipped with private baths and lavitories, electric lights, refrigerator plant, etc., Nearly one hundred representative growers and business men have already pledged $40,000.00 towards this movement. We need your support for every dollar possible rather than let navigation be suspended. It will require our full capital of $50,000.00 There is no question about the business being a paying one. Menge Brothers have been in successful operation here upwards of twenty-five years making a start with only a few hundred dollars and had it not

162

[ATTACHMENT/ENCLOSURE]

}ULF'TO THE ATLANTtC"

Gratax&alfatrllPP Biter Jtemnbmit (Jin.

-2-

■been for a series of disasters with no insuranoe they would have continued.

The new freight tariff went into effect June 20th, which will provide for twenty-five per cent more revenue than last season which total $61,000.00, • X see no reason

why we should not he able to pay two and one half per cent difference quarterly besides establishing a satisfactory fund for repairs, insurances, taxes, depreciations and all other over headexpenses. Please return the enclosed list with a liberal subscription.

Yours very truly.

162

[ATTACHMENT/ENCLOSURE]

(Attaw^ mtir (flmmai'Ure attain

July 25th, 1014.

lion. 1’honus A. Mcl icon,

Oranco , J .

Boar oir:

Your3 of tho 215(1 inst onclosocl Tilth corti float-; of

1

163

[ATTACHMENT/ENCLOSURE]

You will remember, that a certain amount of Common Stock was to be given to a few of the boye and I am under the impression that Mr. Randolph has a list, but nothing has ever been done in relation to it. Will you kindly advise me your wishes in the matter? As the stock has no market value, perhaps it would be just as well not to answer the letter.

Yours very truly, /

President. ( \

163

[ATTACHMENT/ENCLOSURE]

6703 Northumberland Ave. , Pittsburgh, Pa.

July 88, 1914.

The Edison Portland nement "o. ,

Orange, N. J.

. Gentlemen;

Under date of Jan. 8, 1904, i received a communica¬ tion from your Mr. Malloryiiin reply to aii inquiry of my own in regard to certain shares of stock held in my name; in which he stated that "the stock of thenoement nompany is not to be dis¬ tributed until the plant has been in tfommeroial operation for a given time. ThiB time will be determined by ”r. Edison. None of the stock has been delivered to any of the boyB as yet and you will be treated on the same basis as the rest.*

Thinking it possible that you have overlooked this matter, I wish to inquire if the length of time referred to above has as yet matured.

JUL so \{

163

Legal Series — Harry F. Miller File Group 2: Chemical Correspondence and Contracts (1915-1919)

This folder, which covers the years 1915-1919, consists primarily of correspondence and related agreements similar to the material in the "Chemicals" folders of the Edison General File Series. Most of the selected items date from 1915-1916 and pertain to Edison's production and sale of phenol, aniline, and other organic chemicals during World War I. Included are agreements with the Cambria Steel Co. of Johnstown, Pennsylvania, and the Woodward Iron Co. of Woodward, Alabama, relating to benzol plants, along with correspondence with New York Edison Co. executives Nicholas F. Brady and Thomas E. Murray regarding Brady's investment in the aniline plant built by Edison at Silver Lake, New Jersey. There are also financial agreements and correspondence relating to Edison's purchases of acids and other raw materials and to the sale of his various chemical products. These include benzol purchases from the Dominion Iron & Steel Co. of Nova Scotia, aniline sales brokered by Stanley Doggett, phenol sales to the Picatinny Arsenal, and sales of toluol from the Johnstown benzol plant to the Du Pont Co.

Other subjects include Edison's business dealings with the Japanese firm of Mitsui & Co., issues relating to Heinrich Hirzei's distillation patents, Edison's exhibit at the National Exposition of Chemical Industries in New York City, the disposal of spent acid, and the pricing of benzol. The documents from 1917-1919 concern the decline of profits from chemical sales, the transfer of Edison's privately-owned plants to the Coal Tar Products Division of Thomas A. Edison, Inc., and the conclusion of his partnership with Brady. In addition to Edison's business secretary Harry F. Miller, the correspondents include Edison's personal assistant William H. Meadowcroft, who managed much of the chemical business; Richard W. Kellow, who succeeded Miller as Edison's secretary; and financial executive Stephen B. Mambert.

The documents in the archival record group at the Edison National Historical Site are filed in 1 18 numbered envelopes. The selected items have been rearranged in chronological order. An item-level finding aid, with the names of all of the companies with whom Edison transacted business, is available.

Approximately 10 percent of the documents have been selected, including all items reflecting Edison personal involvement along with a representative sample of standard sales contracts. The unselected material

includes documents relating to shipping instructions, tank cars, and the return of empty drums; standard short-term sales contracts without further substantial information, contracts to purchase raw materials, and contracts that were never implemented; and additional accounting documents from 1918 and 1919 pertaining to ownership of the aniline plant.

Related documents can be found in the Chemical Production Records (Special Collections Series) and in the "Chemicals" folder for each year of the Edison General File Series.

At* *

1/

J U//^j/fif

Mr. Edwin E. Slick,

Vie a President and General Manager,

Cambria Steel Company ,

Johnstown, Ea.

Saar Sir:

gas* such hydrocarbons ®^°?“elaLe operation within sixty (60) days

id l Eft.1: '***- .

in that tine •

The Canaria Oonur to rant to » p°”r- !

upon which ther^nfcistobe e.ecto. Thisp you nay lay down to

z* £ast^.“« “s toriovi*' i“5,ln’*

danger of fire.

ate „ *£! &r»T.r

have sufficient excess steam capacity to furnish.

; _ ^ : I Will also pay you ton (10) cents per gaiion r ** * to 8<n the xylol .

v so absorbed, refined ^a shipped. to ® l teva the right to return <

Shis contract is to cover a period of three (3) years from ftla

date .

. At tie end of the three W »••*. ■£?&£%'$ t“.^vS*e?ffi if you so desire to ! to pSctoale ‘ plant, I shall

original cost. In case you d0T“°lJ:8!Lailt after tin expiration of the Ihree have the right to remove it. ®Ti?a ’-nr eduction of benzol and toluol,

(3) year period, if you are continuing the F*°a£°™^rthQr rerlod of three

01 w

As you have another, bank of by-product ovens in connection with , .

.Page two-

which you may do air <3 to erect an absorbing tfreceive

s &&r£2i,£ar.£i s

operate y^rwn plant successfully, without any charge e- by me .

• claim whatsoever

Yours very truly,

V4m* a.

Thomas A. Edioon,

Orange, N.J.

We accept the above propoaition.

CAMBRIA STEEL COMPANY

COPY

March 11th. 1915.

Hr. P. H. Brady,

54 Wall Street,

Hew York City.

Prie nd Brady:

Glad you will come in with me , we will help a good many people out of a serious condition, and at the same ti he well rewarded. My proposition is to go right ahead and quickly put together a plant to manufacture Aniline , Hitro- henaol, Biphenylamine and Ace tan il id. All these are made from Benaol, which I now can get.

I think §36,000 will cover the plant X pro¬ pose putting in. If you will place the money to my credit,

I will give orders for machinery etc. When hills come in I will draw check, send it over to Murray to countersign and pay it.

You are to he paid all the profits until you have received all your money hack, then we own the plant Jointly and split the profits. If this is 0. K., telephone to me through Me adoworoft .

Yours very truly.

1 CAR COMPANY

Jh

•>v “>

Ur. Thomas A. Edison,

Orange , H . J.

Dear Sir:-

Have your letter of March 11th, 1915 ^ instructions have boen telegraphed this morning to have two of the 10,000 gallon tank cars made ready without delay and shipped to "Thomas A. Edison, c/o Cambria Steel Company, Johnstown, Pa." charges prepaid.

The numbers of these cars are 467 and 468 and they will v. i ++rRfl "Keith Tank Line" and bear the reporting and identifying marks i. The“ marks are the regularly authorised reporting

marks of all tank cars owned and operated undor the name "Keith Sank Line" and the Railroad Companies are all familiar with rppularlv authorized reporting marks, not ojjly ot our cars but of all other companies who have been assigned reporting marko by the American Railway Association.

These cars ought to be ready for shipment by the early part of next week and should be in your hands at Johnstown inside of one week from this date.

We enclose two copies of our lease covering the use of these two cars in your exclusive service for one year.

We will wire you when these cars leaveMllton.Pa.for Johnstown and wo will have the matter taken upwlthkr .R.k.Patterson , 3upt. freight Transportation of the Pennsylvania Lines^astat Philadelphia, Pa. in regard to the prompt movement of them from Milton to Johnstown.

We also enclose a sample of the blank upon which some one authorized by you should send us a report of the

in these tank cars when they are shipped out, and also ir possioxe t report M these cars are shipped back empty, and how consigned, etc. in accordance with the blank.

This is for the purpose of our knowing where oars are moving from and to and whether loaded or empty, as the Railroad Companies do not make a report 4o us except when cars pass out of their possession going to another road, m which case they send uu a junctional report showing the delivery.

We presume you will notify the parties to whom you ship

?r OtSmioo, . It sottld bo boot, so ttUt, for you to do. tbio.

hi CAR COMPANY

3 advice of what instructions you give by the use <

’ this

Dlanx.

' This is the arrangement which is in effect with our other

full routing and hov; you want it ; return' ed i , thia is rather a

matter and get the car back to y • g it would be better for you toUdo it°firedtly with the people to whom you consign your shipment.

/ It also has occurred to us that it might, be well for us

/to stenoil on the cars on each side some information showing they ’ in vour service. For instance, the following might be

V'fbomas A. Edison, Johnstown, Pa. m larger type.

This is done with some of our lessees, and where cars

-ceipt of this letter Honday morning to that effect.

a upon i

’.Ye have sent instructions, to the shops at Mi it on so

sketch.

As may be seen by reading over this contract, it is business at 425-00 p.r oar par njontli .11

„ :vr.sa ^ sj ssASj.’waffi szss, i“M sr ffJsisrs ss.-s.s-

extent with the users of our equipment.

Yours truly.

THIS AGREEMENT , made by and between Thomas A. Edison, of Orange, N. 3., herein¬ after oalled party of the firet part, and Woodward Iron Company, a body corporate under the laws of Delaware, hereinafter called party of second part,

WITNESSETH:

1- Party of first part agrees, at his expense, to erect a bensol absorbing and

sstwa a s= tassi'Birajri

SS^SSiE s saw w—

'AMW tnxu sr-;- s sf ss re™.1..

“Ltrtv:r1.it.37.s ss." « 2s.. .»*» •< ««• >«• •;? •*«*

X&-- ‘-l *£r ‘

«■ «r :frL« ss «.u.. *. .» .».i

and solvent naphthas at a profit, he is to have the right to return the same to xne absorbed and refined during the preceding month, party of ‘ first ; part to submit a

MS s =«£•*

nrrtyear! or at anytime thereafter, and remove the removable parts °f^e apparatus, with the right, however, or option in party of second part at »a°f three year

Uercise of said ootion by party of first part, after party of first part abandons plant, to purchase' plant at two-thirds of the anountof^ite original cost. in event party of second part does not exercise option to purchase, party

price from time to time during each year, provided however th* in event ^rket price at any time is not satisfactory to party of second part, party of second PBrt shall have the right to decline to sell and store its products awaiting a market price that is satisfactory to it.

IN YHTNESS WHEREOF, party, of .first and second parts have hereunto signatures in duplicate, tide /.f^doy of Kerch, 1915.

,a<3 v% ><nn —

party of first part.

WOODWARD IRON COJPANY,

C]44{U S

Vice president .

party of second part.

Secretary.

§>tanbtf Saggrtt

(dnlora, <%miralB, (©ila anil mineral ^rniiurts

> 11-18 Cuff Stkeii

3/16/15

Mr. Thomas A. Edison,

West Orange, N.J.

Dear Mr. Edison;- v _ ^

Observing from press account, you are producing Benzol and expect in the near future producing Aniline Oil, which commodities I deal in to some extent, would like to know if you are in position to offer me at this time three or four drums of 90# Benzol and up to 25 or 50 drums of Aniline Oil.

If so, for whk price and for what deliveries?

If you are unable to offer me these goods, probably you can suggest to i

e some source of supply f°r which in-

W. H. Ueadoworoft, Esq..

Orange, Hew Jersey. Uy dear Ur. Ueadoworoftr-

llaroh 16th,

4

6^

i

Ur. Brady has deposited §55,000. to Ur. Edison’s and my aooount. I am enclosing you two signature oards for Ur. Edison to sign on line above my signature. Will you kindly re¬ turn the se cards to me for the Central Crust

Company?

In talking with Ur. Edison yesterday, he explained the products that he was to get out of the benzol, and that his plants were big enough to oover his requirements. In con¬ nection with this matter, would it not be well for you to get from Ur. Edison what he intends to oharge Ur. Brady and himBelf for the benzol?

Sinoerely yours,

Ends.!

March 17th. 1915.

Mr. Thomas' E. Hurray,

54 Wall Street,

Kew York City, ijy dear Hr. Hurray:

I am In receipt of your favor of ihe 16th Instant, .and note that Hr. Brady has deposited thirty-five thousand dollars (§35,000) to the account of Hr. Edison and yourself. I return the signature cards herewith.

In reply to your Inquiry as to what Hr. Edison Intends to charge. Hr. Brady and himself for the Benzol, let me say I have talked with Hr. Edison about this and he says that he will charge to the new plant just what it oosts him for the Benzol.

. Yours very truly ,

Assistant to Hr. Edison,

Enclosure .

All comrfiunlcattbns should be addressed I

er.N.J." OCH/AC

PICATINNY ARSENAL, PICATINNY, N. J.

PIOATINNY ARSENAL,

DOVER, N. J. March 23, 1915.

t!y dear Dr. Hutchison,

I would suggest that you incorporate a clause in your propos¬ al for benzol providing that no liquidated damages shall bo deducted for any delays caused by fire, explosion, etc., or other unavoidable causes. We always put such a clause in our contracts anyway, as you will see from the printed page from our regular contract form which I am enclosing herewith.

The phenol received from you some time ago complied in every way with the specifications which we have embodied in our advertisement. I was careful to see that no requirements were put in our specifications which you could not meet.

Yours sincerely,

1 Enc.

Dr. M. R. Hutchison,

Edison Laboratory, Orange, N. J.

[ATTACHMENT/ENCLOSURE]

7^ At

i.’arch £17 , leib .

Coiaoanding officer,

Pica-tinny Arscnsl,

Dover, S. .5.

X urn enclosing hereai tn duly executed proposal to furnish ISC ,000 pounds of odnuaeroial phenol, complying with tho r.pocifi eat ions in your circular advertisement and prop¬ osal, bido on which are to he opened on April first.

I will he able to let you have this phenol at the very low price, considering the market , of 56jf per pound, delivery to be extended over e. period of twenty-four aontho, beginning thirty days froe the date of contract.

I do not find in the circular wdverti cement and proposal any provision protecting sso against delay or inability to deliver through fire, unseasonably severe etorse, labor strikes, action of the United States, etc.

1 am therefore making this proposal, based upon the unde rst ending that In making final settlement, based upon the date of completion of the delivery, I shall receive credit for such delays occurring during the performance of thin contract as you or your oucoeucor may determine to have been due to unavoidable oourees, such ae firee, unseasonably severs stores, labor strikes , action of .

[ATTACHMENT/ENCLOSURE]

the United atutes, etc., and the date of completion shall he const dered Tor the purpose of final sotileaont ns the date of actual completion of tho delivery Icbb the delny found due to eal'd unavoidable oaunec.

1 understand that in the actual contract , you do include ouch provision, hut 1 wit It clearly undorntood that my vtiiiingncao to supply yon with thin phenol in based ujion such provision being included in the final contract, hi no, as to the Batter of otcel drums:

In this price, I have allowed for the purchase of sufficient drums to oontain a two-months supply or 10,634 pounds. It to therefore understood that tho drums will be emptied as quickly as possible, upon receipt by you, end returned to we at my expense , all drune kept by you for a period exceeding sixty rtoyo to be billed to you at « coat of ten dollars per drum.

Respectfully,

NAVY DEPARTMENT,

Bureau of Supplies and Accounts,

WASHINGTON, D

March 29, 1915

A contract numbered' _ and dated - - M- , las b~

o THOMAS AI7A EDI SOM, • . . . .

' _ ... _ _ ..... :. _

■ furnishing the following articles to bo delivered at the place and within the time state

Gentlemen:

She Dominion Iron & Steel Company, Sydney, Nova Scotia is in¬ stalling at its Coke ovens a Ben sol Ate or Bing ana Defining Plant accord¬ ing to my plans. Phis plant is now under construction, and will prob¬ ably go into operation in about forty (40) days. Under my contract with them I am entitled to purchase eight hundred (800) gallons of pure Ben¬ zol daily. if:

you desire me to furnish you with approximately seven hundred (700) tons of pure Phenol, deliveries to oommenoe on or Before June 1st, 1915, and to continue for one year, at the rate of approximately four thousand (4,000) pounds per day, more or less.

I agree to utilise the above name d daily supply of eight hun¬ dred (800) gallons of Benzol to make this Carbolic Acid, and to furnish such Carbolic Acid to you for the period and at the rate above mentioned at a price of seventy-two and six tenthB cents (72.6 cents) per pound, spot, cash, payment to be made on sight draft attached to Bill of lading presented at a bank to be designated by you.

' Ss an additional consideration to me for making this agreement, you are to furnish he with the sum of forty-four thousand dollars ($44,000 ) tfhioh I undertake to use in building the special plant to make the above named Carbolio Acid. ThlB plant will be ready in about forty (40) work¬ ing days if unforeseen contingencies do not arise. Phis Carbolio Plant is to be and remain my property at all times.

It iB to be understood that I shall not be liable for damageB for the non-fulfilment on my part of this contract if such non-fulfilment is caused by fires, explosions, .strikes^ the acts of God, or any unfore¬ seen manufacturing contingencies;';-: In other words, I shall honestly and in good faith endeavor to live; up to my part of thlB contract strictly, but must be allowed to provide against liability for unforeseen contin¬ gencies not within imy control. 'v .

If. at any time during ther continuance of this agreement you fail to take and pay- for the Carbolic Aoid for a period, of one month, this contract shall. be null and void, and I .'shall be free .to selVthe _ whole output of the Carbolio Plant to others without any accountability to you, nevertheless, you Bhall be held reliable for the fulfilment of the oontraot,

Phis agreement is not transferable , and. if not definitely closed by deposit of said forty-four thousand dollars ($44,000) by. noon Uaroh 25th, 1915, all the above will teoome^ntlii android.

The Hiller Rubber Co.,

ATcron, Ohio.

Gentlemen: '

in accordance with the., correspondence and telegrams

of^niline Oilt th/same

EIBIm stfgjs s

these^delive riea^whe n^my8 Aniline *MaS V Ji£ in operation, which

MtlMils-ss:

The price is F. O.^B,, Silver late., B. J. . "

jart of thL^oh^tV^tlm^STVe^hf^f contingencies.

I enclose duplicate of this letter. If the ahove is

agree able to yon. please write yoiur acceptance. at the foot of one

of the copies ana return it .to ‘me ,. : ' .

Yaura very txnly,

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dnlora, Ollimitala, QDila an& fSineral flroiiurtH

Dear Sir;

Referring to pleasant interview hadrwfSJi you ana Mr.

l.leadoweroft early this A.i.i., also subsequent .phone ohat had with Mr. lleadoweroft, it is understood, in order to^offset the loss I sustained in taking on Aniline Oil business from the Firestone Tire & Rubber Co. yesterday and in order to give me a profit on the transaction to repay me for extra effort I put forth in securing this business, with a view to further and extensive dealings with ilrestine Co. in future providing I can satisfy you, which I will do, that I sold this concern 20 tons of your Oil .purchased at 58/ per pound, at 50/ per pound shov/ing a loss or sacrifice of 8/ per pound, you are to let me have 35 tons of your Aniline Oil also sold to this concern, delivery at the rate of 5 tons .per month June to December next inclusive at a net figure of 27/ per pound f.o.b. Silver lake, M.J., usual terms 30 days net cash or less-ljS for cash in 10 days. Drums charged for as usual and returnable if in good reuseable order within ninety days from shipment, freight charges prepaid to Silver lake, N.J.

In accordance with this understanding, I enblose herewith my official order #9896 for 35 tons o'f Aniline Oil with price left blank but reference made to this letter as covering that

g>tattbg

(Unions, (Sljntucala, (@Ua anil mineral p-oiinrts

> 11-18 Cliff Streets

NEW YORK

point, which as I understand it, is the way you desire this order handled .

As soon as I receive official confirming order from the -Firestone Co. showing their purchases from me of 20 tons of 58^ goods at 50^ per pound and 35 tons at special price to me of sold to them -at 32j^, will as promised your Mr. Meadowcroft submit their order for your perusal to verify statement as to terms and conditions of sale made to you this morning, based upon which statement, I appreciate very much, the fact you were fair enough to make concession I requested so as to afford me a profit on the Firestone Co's business instead of^?loi

sd/hs

enclosure .

-April -37-th-^

Attention of W.H.Meadooro Thomas A. Edison, Esq.,

Orange, New Jersey.

Dear Sir:—

Confirming the Writer's tefephone ^0^rsat;ion^|| your Mr. Meadowcroft last Saturday, we %eby Place with you for 36 drums of pure aniline oil at 30£ per pound, f.o.b, car at your Plant ( whioh includes our commission of 5$) , shipment to he made as follows : ^

One drum on the first of June,

Two drums on the fifteenth of June,

One drum on the first of July , .

Two drums on the fifteenth of July and so on up to the fifteenth of May, 1916.

Our friends, Germania Hosiery Company, Kensington and Allegheny Aves., Philadelphia, Pa., wish one drum very badly and if you oan ship it a few days earlier than June first, they

will highly appreciate your courtesy.

In order to make you well acquainted with this transac¬ tion of ours we herewith enclose you copy of contract made between Germania Hosiery Company and ourselves.

Very truly yours.

[ATTACHMENT/ENCLOSURE]

This is to confirm sale made this day * Mitsui & Company, Ltd., New York City and Germania Hosiery Company, Philadelphia, Penna., of pure Aniline Oil, thirty-six (36) drums.

SHIPMENT from Thomas A. Edison's Plant, New jersey, during June 1915 - May 1916. One drum to he shipped on the first day ofi the month and two drums of the 15th day of every month.

PRICE Thirty cents (30£) f.o.h. oar at the Plant, not including iron drums which shall he returned to the Plant in good condition in reasonable time.

PAYMENT: Cash against railroad hill of lading. Date of the hill of lading is to he final to prove date of shipment and Seller not to he held responsible for short delivery due to leakage or breakage during transit.

in case of Force Majeure, Sellers to he released from the fulfillment of this contract or any part of this contract, actually so affected.

New York., April 34th, 1915.

Ac c epted . Si gnc 4 . Buyers

Accepted.. (Signed Shiinzo Takaki) Sellers.

Please sign Duplicate and return to

Gentlemen;

In aooordanoe with our conversation this morning I will aooept your offer of twenty-seven {27) drams of pure Benzol and five (6) drams of 90# Benzol on the following Basis:

I will give yon one and a quarter (1 1/4) pounds of my standard Carholio A0id for each gallon of Benzol contained in the above thirty-two (32) drams. In addition, I will distill the 90# Benzol and give you therefrom fifty (50) gallons of- Toluol if I get as much as that from it. This Toluol will he given to you without payment on your part. In addition, I will give you on this transaction a Bonus of two hundred fifty (260) pounds of my regular Carholio.

In addition to the above I will take from you one hun¬ dred (100) drums of pure Benzol, well washed, and will give you in exohange therefor one and a quarter (1 1/4) pounds of my reg¬ ular Carbolic for each gallon of pure Benzol contained in the said one hundred (100) drams. On this separate transaction of one hundred (100) drums I will also give you a bonus of five hun¬ dred (600) pounds of my regular Carbolic.

In all the above transactions the drunB are extra, to be credited on either side when returned. It is understood that as regards the first named shipment of thirty- two (32) drums, you will ship those named this week, and the Carbolic whioh I will give you ih exchange therefor shall be delivered to you on Mon¬ day next. May 3rd. In regard to the transaction of one hundred (100) drumB , I will deliver Carbolic to you to correspond with eaoh Bhipment of Benzol that you make to me at the earliest possi¬ ble date thereafter that I can do so without tying my own phono¬ graph plant up. In relation to this, I understand from you that it will be satisfactory if I deliver the Carbolic to you within ten days or two weeks after the receipt by me of the one hundred (100) drums of Benzol. Unless prevented by occurrences beyond my control I will deliver you some Carbolic from day to day until I fulfilled my part of this arrangement.

?)T: 1niee^;

fly1..

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[ATTACHMENT/ENCLOSURE]

a

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3

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■ <\ju^JU — ; £ a

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Thomas A. Edison, Esq.,

Orange, New Jersey.

Dear Sir.—

We deg to outline the following proposition for pure phenol, United States Pharmacopaeia quality, for Japan which has already been verbally arranged with you.

1. You agreed to make 1,500 pounds per day, commencing June, 15th, 1915 for the mimimum quantity of 300,000 pounds, provided we pay for the additional machinery, the oost of which will not exceed $15,000.

3. Your .price, f.o.b. Factory without containers will be fifty cents (50$) per pound, provided you get pure benzol from Woodward at forty cents (40?) per gallon.

Upon the above basis, we have been exchanging cables with Japan and the last cable which reaohed here this morning states that our Japanese Buyer signed the contract with the Japanese Government for 300,000 pounds to be delivered by January 31st,

1916. ;

The above delivery is not quite right because by January 31st . 1916, you will be unable to deliver anything more than 380,500 pounds, figuring twenty-five working days in a month. Therefore

To Thomas A. Edison, Page 3 . 5/15/' 15.

we cabled back to Japan that we will not accept the contract unless they give us an order for 330,000 poundB, delivery of which will be completed in the middle of March, 1916. At the same time, we mentioned in that cable that we might be able to get Manufacturer here to take an order for 300,000 pounds, delivery of which is to be finished on the 15th of February, 1916.

In order to keep you well posted on this transaction, we here¬ with enclose a proforma invoice which we made out and which will clearly show what profit we make. In this Pro-forma Invoice we took very safe figures about freight and packing and we also added one cent to the cost to cover pure benzol which we very likely must buy in the market to deliver you early in June. We agreed, because Doctor Takamine originated this inquiry, to pay him six cents per pound' as commission and we take six cents as commission and also reservettone and six tenths cents (1.6*) for our people in Tokio, who will have to attend to the receipt of payments and also making

the delivery of the goods. .

Our Japanese Customer agreed to pay eighty-five cents (85*) per pound, C. I. F. Japan and if we deduct seventy-nine cents (79*) V> out of 85*, there is six cents left which we will turn in to our ^ joint aooount for Benzol Absorbing Plant at Woodward.

Our figures in this Proforma Invoice are all very safe and we we may find quite a bit left as our profit and in such a case , we

will turn it back into our joint account.

Thomas A. Edison, Page 3, 5/l5/'15.

The above mentioned six cents per pound was figured on basis that you pay 600 for one gallon of Benzol from Woodward. But, if you pay only 40 0 for one gallon of Benzol, then there will be 3.4 0 on top of 6 0, or in other words, we can turn back into our Woodward joint account 9.40 which means **564 more for one gallon of Benzol at the rate of six pound Phenol to one gallon Benzol and $.611 more at the rate of 6-1/2 pounds Phenol to one gallon of Benzol. At any rate, out of this carbolic acid transaction, our Benzol will be sold at One Dollar or more per gallon and because it will take 50,000 gallons of Benzol to make 300,000 to 330,000 pounds of carbolio acid, the Woodward joint account will reoeive somewhere around $50,000.

Supposing that each gallon of Benzol ormToluol from Woodward cost us 400 per gallon, the total liability will be $180,000 on basis of 450,000 gallons output. Since you have already bought 600 gallons per day for one year which means 319,000 gallons at 60{i, the Woodward joint account has already $131,400 as a sale and now, we can add $50,000 to it, total of which will just cover the entire liability for the first year including cost of the plant.

Therefore , whatever we sell on top of these two sales of Benzol will be clean profit which will be divided half and half as per our agreement and we feel that we can afford to go slow from now on and hope that the above is to your entire satisfaction.

ST/LH

[ATTACHMENT/ENCLOSURE]

PRO - FORMA _ inyPJCE^

350,000# Pure Phenol.

Price fifty cents (500) per pound on basis of price of Benzol forty oents (400) per gallon. From one gallon of pure Benzol six pounds of Phenol can be obtained. In case of price of Pure

Benzol is sixty cents (SO0) per gallon.

600 - 400 = 300

300 r 6 = 3.330, say 3.40

Therefore, net price of Phenol 500 plus 3.40 = 53.4 0

Cost of machinery includina- interest £15,000.00 plus 5)1350.00 =“§16,350.00

§16,350.00 divided by 330,000 = say 5.0

Freight, Packings and Insurance, say 6.0

For emergency. Pure Benzol may probably be

necessary to buy from outside, say 1.0

Commission for Doctor Takamine 6.0

Commission for us 6.0

Commission for Tokio Office say 1.6

Price per pound 79,00

Thomas A:\Edison, Esq.,

Orange, Hew Jersey. Dear Sir : — \

_ June-lBt , - y/i9/-S^, —

<U,«WH ■* <* *U*~

B^J Ci^a. I u fltL^ ‘""I*"'

jjL 4 C&Z-Z-* — UH.WL

^Attention of Mr W$A. Wdowqroft^

We heg to ootifirm om telephone WjerBaUon^ even date to the effect that you a^ree^to incase our order for 300,000 Its. of Phenol to 333,000 lbs. to beMelivered in equaljuintities every day beginning with June 15th and ending with*4JSoember 31st, 1915.

This additional order naturally^ inoreSBisp, our supply of pure Benzol from the Woodward Plant. On'the^b^fe of 6 Its. Phenol to 1 gallon Benzol, the increase will amoun^o 3,866 gallons of Benzol, whioh we will sell to you at the price of 40* per gallon f.o.b. your Plant at Silverlake, N.J.

The above will make the total quantity of Benzol from the Woodward Plant to Silverlake 53,866 gallons all together for the

Phenol Contract.

We also beg to confirm our purohase of a oarload of iron drums whioh you kindly sold to us and which is already on the way down to Woodward. The above is intended for emergency for the shipment of Benzol.

To Thomas A. Edison, Esq.

.Page 3,

.6/1/ *15.

In accordance with the Writer's conversation with your Mr. Meadoworof t ,we plaoed an order for one carload of galvanized Iron drums with small hole for emergency purpose in the shipment of Ci P. Toluol.

We also beg to advise you that we placed an order for 335 galvanized iron drums for the packing of Phenol. The first oarload will reach your factory on or about the 14th Inst.

We trust that you will find all of the above in good order.

Yours very truly,

P. S. Please acoept the Writer's sincere thanks for the information you gave him in regard to the manufacturers of Toluol.

ST/LM

“t

(gddor/y,

June 12th. 1915.

American Oil & Supply Company,

52 Irafayette Street,

Hewark , H • J •

Gentlemen:

I he ret y a„re. to sell t. you, - J°» ogre, to tat, . the entire o.tpht of s.leeht haphth. from w »»«il hheorhihg Plant at lohnato™, at the rrloe of t«».y-«ve <»> oent. per gallon

O. B. Johnstown, I... !«»• 1* f« “»»• *° 16 ®*

and credited on return.

^ duration of this arranged shall be one year from this day, and it is understood that it covers the entire product of Solvent Haphtha from my Johnston Benzol Absorbing Plant. I es¬ timate this will be approximately three hundred (300) gallons per day, more or less, but ! cannot tell the exact quantity.

As to deliveries, it must be understood that I will make deliveries to you on your order as rapidly as possible, but at this date I cannot specify exact dates and quantities of such deliveries. It is understood that I shall not be compelled to redistill and de- Xtrer said Solvent Baphtha to you to the precise of my requirements of Benzol and Soluol from the said Johnstown Plant, although I will use my best endeavor to male prompt 8hipnentsjmd§j^rfS-^E^ement . Yours veiy tri

waS \J%G

Accepted^

[M0».

fi, y^Au^^uiaa»t/0^tei^t{S^A^

UGA — — VUAO.VOSTOK ••">"

Mr. Thomas A. ’Edison, Ssq., :o>

Orange, N. .T. /) ^ V

«. «.- H ^ •£> ^V> ^ (t >

Attention of Mr. VT. H. Meadoworoft. ^ yVMv'C W**"

Referring to our telephone conversation in*Wgaxfrjfo of delivery of Phenol we contracted with you for D

333,000 pounds, we request you to kindly read our le^^ofJ^ ^ 1st and your confirmation of the same dated June 4th, *

you confirmee increase of our order from 300,000 PO^J^V./ 333,000 pounds , to he delivered in equal quantities daily .begJfc^ ning June 15th and ending Demember 31st, 1915J. We als0 W0Ul ^ A ask you to read the second paragraph of our letter of June 1st, (_ mentioning the total quantity of pure Benzol to manufacture the entire quantity of 333,000 pounds Phenol will be 53,833 gallons, which means 396 gallons per day for a period of 183 days, oount-

ing from June 15th to December 31st at the rate of 38 days

Uhen we first discussed this matter with you, you told us that you expected to get 6-1/4 pounds from one gallon of pure Benzol, but at the last meeting, when I took Mr. Komuro with me, you stated that you expected to get 6 pounds Phenol to one gallon of Benzol by the new process which is going to be used in your new

factory but you were getting only 4.6 pounds Phenol to one gallon of Benzol from your old prooess.

We trust that you will give us the benefit of your new prooess and calculate the quantity of pure Benzol from Woodward at the rate of 6 pounds or more Phenol to one gallon of Benzol, instead of 4.6 pounds Phenol to one gallon of pure Benzol. Tium WUudiJflJO.

Trusting that you will find the above in order and with regards. Tours vary truly.

ST/LM

■QfkmtKU Osas HBOIIt OOM^RT

Subject: Fuming

\Y

Mr. Thomas A. Edison, Orange,

Dear Sir: -

V/e have entered your order for 100,000 lbs Fuming Sulphuric Acid-15 % per month, July to December 1915 inclusive,

■in Trmir tank' car s f.o.t). our Works Nichols , Cal. t at v>i.00 per lOO^lbs , __.-f '. o . b . Kichols, Cal., under terms of 30 days net, or less 1,.^'for cash in 10 days.

/ First shipment^ be made on July 21st when the new rate to the Atlantic Seabpard is inveff®°** +!! furnill/the /^tand to be about $15.00 per net ton. You are to finish the /tank cars for this business, and we would suggest that if you ' wish the first shipment made promptly you forward at once the

£s SSHwSHk ara.

^ Tf vou will tell us the title 'to be used we will

fmake out formal contract covering this sale, giving us also the \point of delivery.

vie would suggest that you get an additional car or

ment fftS^effS^ “

for California service which you have in use here.

Awaiting your reply, we are,

Yours very truly,

GENERAL CHEMICAL COMP AMY

T JP/ IMS

IITED STATES

JL

*y'irr<MC(§rf

wUCySfr/u/- '■Jtmt/ftA 'X?iM"ihdn

GM/ilt/yrtr/trlrl.l'f'/ iZrf/Xvt/ti’

June 24,

19X5.

Thos. A. Edison,

Orange, II. J.

Attention of

Mr. H- T. Deeming.

Dear Sir;-

Confirming our telephone conversation v/e enclose contract covering your purchase of Caustic Soda, and which contract we trust may he found in order, and that we may receive your prompt accept¬ ance, so that we may place the sale on record, and in connection therewith, would request that the transaction be kept private.

Yours ruly,

WING & EVANS, I1IC.

c.

[ATTACHMENT/ENCLOSURE]

C OUT R A C T.

! l!~ >’J$rr<rM ~($rX

C§fa//hi/*K f/’ fir.. Xffmt/n/t ■.’>rri//u*M:(',

. r . /X

June 24, 1915.

Thos. A. Edison,

Orange, N. J.

Dear Sir;-

We have thie day sold to you One Thousand (1,000) Tone, ton of Two Thousand (2,000) Pounds each, SOLVAY Seventy-six Percent Test, Caustic Soda, in drums. Six Hundred and Seventy-five (675) Pounds net each, for delivery say One Hundred (100) Tons per month July, Nineteen Hundred and Fifteen to April nineteen Hundred and Sixteen, both months inclusive, you giving us ample notice of shipments retired, and taking deliveries in carload lots,

IT BEING AGREED AND UNDERSTOOD that these goods are for consumption at your works.

PRICE: - Two Dollars ($2.00) per One Hundred Pounds, basis Sixty Percent, f.o.b. cars sellers' works, Solvsy, N. Y. Invoioe weights and tares. Sellers privilege of making shipments from their Detroit, Mich. works, based upon Solvay, N. Y. rate of freight to Silver Lake, N. J., at time of shipment.

TERMS:- Less One Percent for cash within Ten days from dote of eaoh shipment, payable in New York City funds, in United States gold, or its equivalent in currency.

If the buyers make default in any payment or become subject to the Bankruptcy Law, the sellers may, at their option, delay further deliveries.

Each delivery is to be considered as a separate contract.

[ATTACHMENT/ENCLOSURE]

V/e are not to be accountable for any contingencies beyond control.

Yours Very truly.

WING & EVANS, INQ.

as Agents,-, for. THE, SOIV AY PROCESS COMPANY.

[ATTACHMENT/ENCLOSURE]

40 eut the*

CtnyhaM

We have sold to the American Oil & Supply Co. 4000 lbs. daily , of the Phenol which we purchased from you. Deliveries ■beginning, in- hooordaaoe with your oontraot, from about July 1 until Deoember 31, during six dayB per week.

.Therefore, we would ask you to deliver to them, for our aooount'i the aforesaid quantity of the Phenol which you sold to us , made during working days .

We suggest that you send us a bill for. delivery as you may make to American Oil & Supply Oo. daily,, and we.Will remit for same immediately on receipt. We do this in order to Bave you and our¬ selves delay oooasioned by sending drafts through the bank. We suppose you will have no objection to this arrangement, aB you have ample seourity from us. We have made the same arrangement with Mr. Hoffman. If it is not satisfactory, kindly advise us.

Mr. Stein understood from Mr. Edison that he would make up for us the June quantity due us, in all 62,000 lbs., and that he would make same on Sundays or holidays. We have already informed you that we have had rather unpleasant experienoe with buyers to whom we sold a portion of this quantity, and therefore it is of the greatest importance that we should reoeive same. We ask you now to please confirm the arrangement that you will deliver us said quantity, to be made on SundayB or holidays, or at suoh other times ^as you can Bpare the quantity after your plant is in operation.

We again express our great regret on aooount of tJe difficulties you have enoountered, and sincerely hope that we can oount on your delivering these 26 tons referred to.

Hoping to have the pleasure of a prompt reply in relation to the above, we remain.

Very truly yourB,

LS/H

(gdfAvrt/

^a/stae^ ~^/i{/YZ Augu at ntti. i9ie.

American Oil & Supply Co., Newark, Hi J.

Sen tie men:

Crums extra.

This sale is made on the understanding that I shall not he liable for damages for non-delivery occasioned by aooidents, strikes, failures to get my acids due on contracts, or other causes beyond my control.

In pursuance to our conversation this morning it is under¬ stood that until I have delivex^tho full quantity of one hundred thousand (100,000) pounds, I will send to you all inquiries for Nitrobenzol that are received by me, and if you make sales of Nitro- benzol to any of the persons or oonoerns 30 inquiring, you will divide evenly with me the difference between the price you receive from such parties or concerns and the above named price of twenty- five (26) cents par pound.

YourB very trulff, — - — "

Accepted.

a\/V Contract

iW V* (ORIGINAL)

BUTTERWORTH-JlIDSON COMPANY NEWARK, N. J.'

(hereinafter called/ the "Sellar")

hereinafter.. _

rnrnhw aneJmiiiliBajullJ^

ahQU-t..52vi.iIsS04..end..^a»/.2 /',\F10^ . . \/P'‘ .

■Tnnn nrv y^l91ft._ . t0....pep.omhox^l916...

8 auJBQ _ p.r JU1D . lb., for .Mixe.l..afiid..&a..a.faxaaaiA, and

in addition as part of tho price Buyer shall deliver f r o o'”t o ” 3 e ll’er” duri ng each of said months one hundred t wentjT" f "iv o "tons """(" 126 ( tons") of spent acid of about 71'/o H2SO4 and £ to HUO3

^ .nv»n n n i d-i n-3elXer.ls-tenk-cnr.a-

a. required F. O. B..BUJIr-ar-,-S-.£i.din.E-^.ilXfiX-i

spent ncid_jin_the-flmpty-.tan3f-.cars.,..

place.

Tank ears shall he emptigd..jxampt.ly.>..aiiA..pr.QIlip.t.ly

filled AtithL-anent-acid— aml.r.etuxn&d^— -

-ary repairs, rebuilding or continuance

CONTRACT

ByLI>T^R.W.QB:TJdrAyPSON£COMPAMY

JStEJMAmrNCOl.

fHOHAS A. EDISOH, Oran fro , llow Jersey, (hereinafter

80LD1To-.Bn.'tterworth-J.uiiaoa...Coapany- - 0f,.U.5.\!tarJi.,..Jiaw..J.arafly. .

hnxainaitar _ .khotsbxbshqk^khebk— cnHe.d— tU-n-JlBuy-ar”^.— "the— spent

a.cs.id..xnnul.tine..±r.ara..tfcn...apflj:a.ti.on..of..5.eHaK.,.s..jalanJ:^...1?h.3.ah..ia..Jiot

r.aq.uiraA..hy..5ellex.-±or-hia-n.vm..nnnsmap.tian^- .

Throughout tho period from _ September. ..24,19hS ..t-QDfi-C.am'CfiX.,.-31, ,19.15 .....

9 (j • CO per . ton jsic (0r _8nent ..ac i d „ab_out .. V 15.o„Hs3.C4—

9 _ >• _ •• _nn.i-B.Ucut— L..tQ-3^L.iliiC3 .

TERMS: Thirty Days Not, or,

I In 10 Days from Data ot Invoice, on Acid only.

DELIVERIES:

-Oats . . “*

Bi soiier,.3--niitoC-BiiY-at--XBUao---K-a--J-«. .

An_3.uynx.i.s.J:nhk._cara.

QUANTITY:
CONDITIONS:	_h „h.„ ahloned but raturnabl. In _

MEMORANDUM OF SAI.B.

oirjriaa os1

American Oil & Supply Oo.

ShKiTNO AGENTS FOR THU GjqNRRAI, OHRMIOAXj Co.

Thomas A. Edison, Orange, N. J.

Itawinn. n.

HEREBY PURCHASES. ANO AGREES TO RECEIVE FROM THE AMERICAN OIL 4 SUPPLY CO., A CORPORATE AND THE SAID AMERICAN OIL 4, SUPPLY CO. HEREBY SELLS TO ThOIUftB A. EdiSOn,

the jBSiix QU*NTITIES 0F Mixed Nitrio & 8ulphuric Acids herein specified

^ FOR Va4 a OWN USE AND CONSUMPTION

REQUIRED BY SAID Thoma0 A. Ed! 3011 1110

_ DURING THE PERIOD

IN FACTOR y LOCATED AT Silver Lake, He J*

inclusive, and as follows;-

FROM May lot, 1916 to December 31st, isle

QUALITY | i

prices Sulphuric Acid

ThernriceCof Kitric Acid is based on Nitrate of Soda 9«t at 100 lbs. The price of Bitrio ^id dxirlng each quarter of the calendar year shall vary in accordance wit.n the seller s cost of Nitrate of Soda for the Previous quarter ex-vessel .New

100 lbs. of Hitrato of Soda that its average cost is above 0-

& .Si1™ SLi ?.”.»• ”

the price of 96?!

Deliveries: In seller’s tank oars at a uniform rate during each month

WO.B. seller's works.

quantity ^76 tons, of 2000 lbs, ench, per month..

“ NET CASH

required to remove tho causo or repair the damage.

rutpijents* The "buver is to deliver to the Beller their written order not later than the fifteenth day of eaoh spe°i£yinK

the quantity of acid to be shipped at an approximately uniform rate over the following month.

[ATTACHMENT/ENCLOSURE]

//y\ huh*

L'J-ive Yfcv UCl-Cu aJS-Cc.

C^yx/'t ci e i

Ltd cc£-&-c'<j-<:l

T)

^3 1

PEKING SYDNEY SINGAPORE £

JOatobex-X^^ — </0C5^^

A. J

Thomas A. Edison, Inc., Orange, N. J.

Attention of Mr. W. H

MsadOYf croft

Gentlemen:^

We heg to confirm your offer for pure Phenol, U. S. P., for 15 tons of 2340poundsfor^ eaoh of April, May, June and July 1916, at par pound, f.o.b. Silver Lake, drums to he supplied by us.

We also note that you do not wish to be held reaonsible for any delay in the < deliver les if auoh delay is oausadX beyond your oontrol, suoh as the failture of the machinery maker to mahe your machinery aooording to your contract with them.

We thank you very much for the above, which we cabled to Japan, and we hope to receive a favorable ansv/er, in a few days.

We are selling this carbolic acid through Dr. Takamine's Laboratory, in order to Bive them a chande to make a little out of it, and we trust that you will not tell them the price at which we will buy from you in case the oontraot is closed.

Yours very truly.

Y-iy/ti. CAMttj

ST:VC

Bov. lOth. 1916.

Attention of Mr. B. H. Banister.

Ur. Edison has just returned from the West and I have talked with him in regard to the disposal of your naphthaline .

Ur. Edison says he thinks he can sell all we both make, and if agreeable to you will do so, remitting to you the full amount received for your naphthaline, as his selling expenses will not be increased.

He thinks you should charge him for the naphthaline the same price per pound as he pays per pound of

Che extra expense of purifying is to be paid by you and Ur. Edison in proportion to the quantity of naphthaline sublimed.

Che Barrett Manufacturing Company supply 95$> of the naphthaline for moth balls on long contracts, and we understand have none to sell, but there are two or three concerns who use naphthaline to make Beta naphthyl which is employed in making a red dye which con no longer bo "obtained from Europe, ^here are other small users. Che naphthaline should be

wise the prices are very poor. Bure white is about 10 cents per pound at present. '

Yours very truly.

Engineer to Ur. Edison..

uv^p.mrw BRr.AlTtlS gQ B2LIVBBIES UBPKR COBT&ACS OF HA 1 16SHt 1915, BICT MF.SSBB » STEIS. H1BSH & CO.. HEW :

1. For the purpose of computing the total a^ie^Io-"

ikrk tz'zttfjssr-* 01 wll”rl“

lSg day from June £6tfa, 1916 to December 31et. 1916.

Zi Bdieon will furnish entire ProduetofhlB^ Phenol Plant for the remainder of the year 1916 to the fulfillment of.

(a) . She above obligation: and r. _ ,

(b) . Of one thousand (1,000) pounds ^ Phenol _

per working day to Hoyden Chemical Borke .

ad remainder to be furnlBhed by Bdieon^rom w two thousand

76^ to the former and 26?s to the latter.

B At any time after the expiration of December 31et,1916.StQln,

Hirsh^a co.psw'.sr Sf»SS“hs“»olW^W^“>‘

tion to take any further deliveries. - - -

^ 3Ln Cl

Dated Hovember 11th. 1916.

Woodward Iron Company

WoomVARD , All AB AMiV.

5

X.

198 A. Edison, Orange, N. .

irp^r*?

Wa are in receipt of youTfavor of the 10th, vrittenby Hr.

W. H. Meson. A * \

Your auggeation that we oArge W royalty on the naptha- Una you are making here at the »eM rate ae .e charge royalty /n the solvent naphtha is entirely satisfactory to ua. /

„e also note shat you say in regard to selling our naphtha- line for us, we to render invoices against you at the price at which you sell it. This is entirely agreeable to ua, but, it occurred to us that we might save you some work in your of fice by having you send us sales memoranda covering the naphthaline you sell for our account and „ hill direct against the buyer, in this way keeping these items out Of your account. However, this is merely a auggeation. V/e appreciate your assistance in this matter and are, of course, anxious to handle the aooount in the way^that best suits you.

Yours truly,

WOOtWARD IROI

J

rhb-b

Mov. 23ra. 1913 •

Mr. H. H. Banister, Vioe iresident,

V.'oodward Iron Company,

Vioodword, hla.

Bear i!r . Banister:

I am in receipt of your favor of the 10th instant in regard to naphthaline* I have written to iiri Opdyke, in¬ structing him to furnish you with memoranda of all naphthaline shipped from the plant from time to time. On the basiB of these memoranda, will you kindly have bills rendered against me for tho royalty on the basis of eight (8) pounds of naphthaline being equal to one (1) gallon of Solvent Haphtha, that is to say, the naphthaline should be billed to mo at 1 l/4^ per pound. Herewith I return letter of your Mr. l.ilBon and two bills against me for naphthaline at &4 per pound, Will you kindly havo cor¬ rected billB sent to me.

In regard to soiling your naphthaline, I think your suggestion is a good one. namely, that we should send you sales memoranda covering the naphthaline we soil for your account, and you can bill direct against tho buyer. I think this will be an admirable way of handling the matter.

Tours very truly.

Enclosure.

'&BKSH&2, QmmmmM* Qoaasswsr

25 BROAD STF

December 20,1915' Thomas A. Edison

Mr. Vm.E. Hoffman, Treasurer,

American Oil & Supply Company, Newark, N.J.

Dear Sir:-

Ref erring to our conversation at thiB office today regarding the change in the form of contract cov¬ ering Sulphuric Acid along the lines suggested by Mr. Edison, would advise that the stipulations in our stand¬ ard form already submitted regarding quantity, which we understand is the point at issue, proviae that Mr. Edison contracts to purchase from us ALL of the Sulphuric Acid his factory at Silver Lake, N.J. CONSUMES during the con¬ tract period, providing however that the monthly quanti¬ ty during the year 1916 does not exceed 150 tons except at our option, and that during the succeeding years of the contract, the quantity is not to exceed that deliver¬ ed during the previous year by more than 10^, except at our option.

It will be noted that thi3 form of contract constitutes a "privilege" or, it might be termed, a "call" or an "option", in that the buyer is not obliged to take a pound of acid under the contract unless he has use for it, but he is obliged to take ALL of the acid that he uses during the currency of the contract if he has use for it.

Naturally we do not wish to sell an unlimited privilege, hence the maximum stipulations as above itemized

On the other hand,