Compilation © 1993 University Publications of America All rights reserved.

>U/ Cdv&oru lapest*

A SELECTIVE MICROFILM EDITION

PART III (1887-1898)

Thomas E. Jeffrey Microfilm Editor

Gregory Field Theresa M. Collins

David W. Hutchings Lisa Gitclman Leonard DeGraaf Dennis D. Madden

Mary Ann Hellrigcl Paul B. Israel Robert A. Rosenberg Karen A. Detig Gregory Jankunis Douglas G. Tarr

Reese V. Jenkins Director and Editor

Sponsors

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

University Publications of America Bethesda, Maryland

THOMAS A. EDISON PAPERS

Reese V. Jenkins Director and Editor

Thomas E. Jeffrey Associate Director and Microfilm Editor

Robert A. Rosenberg Managing Editor, Book Edition

Helen Endick

Assistant Director for Administration

Associate Editor

Paul B. Israel

Research Associates

Theresa M. Collins David W. Hutchings Karen A. Detig

Intern

Gregory Jankunis

Assistant Editors

Keith A. Nler Gregory Field Lisa Gitelman Martha J. King

Secretary

Grace Kurkowski

Student Assistant Bethany Jankunis

BOARD OF SPONSORS

Rutgers, The State University of Newjereey

Francis L. Lawrence Joseph J. Seneca Richard F. Foley Rudolph M. Bell

Newjersey Historical Commission Howard L. Green

National Park Service John Maounis Maryanne Gerbauckas Nancy Waters George Tselos Smithsonian Institution Bernard Finn Arthur P. Molella

EDITORIAL ADVISORY BOARD

James Brittain, Georgia Institute of Technology Alfred D. Chandler, Jr., Harvard University Neil Harris, University of Chicago Thomas Parke Hughes, University of Pennsylvania Arthur Link, Princeton University Nathan Reingold, Smithsonian Institution Robert B. Schofield, Iowa State Univereity

CORPORATE ASSOCIATES

William C. Hittinger (Chairman), RCA Corporation Edward J. Bloustein, Rutgers, The State Univereity of Newjereey Cees Bruynes, North American Philips Corporation Paul J. Christiansen, Charles Edison Fund Philip F. Dietz, Westinghouse Electric Corporation Roland W. Schmitt, General Electric Coiporation Harold W. Sonn, Public Service Electric and Gas Company Morris Tanenbaum, AT&T

FINANCIAL CONTRIBUTORS

PRIVATE FOUNDATIONS

The Alfred P. Sloan Foundation Charles Edison Fund The Hyde and Watson Foundation Geraldine R. Dodge Foundation

PUBLIC FOUNDATIONS

National Science Foundation National Endowment for the Humanities National Historical Publications and Records Commission

PRIVATE CORPORATIONS AND INDIVIDUALS

Alabama Power Company Amerada Hess Corporation Anonymous AT&T

Atlantic Electric

Association of Edison Illuminating Companies, Inc.

Battelle Memorial Institute The Boston Edison Foundation Cabot Corporation Foundation, Inc. Carolina Power & Light Company Consolidated Edison Company of New York, Inc.

Consumers Power Company Coming Glass Works Foundation Duke Power Company Entergy Corporation (Middle South Electric Systems)

Exxon Corporation Florida Power & Light Company General Electric Foundation Gould Inc. Foundation Gulf States Utilities Company Idaho Power Company International Brotherhood of Electrical Workers

Iowa Power and Light Company

Mr. and Mrs. Stanley H. Katz Matsushita Electric Industrial Co., Ltd. McGraw-Edison Company Minnesota Power New Jersey Bell New York State Electric & Gas Corporation

North American Philips Corporation Philadelphia Electric Company Philips International B.V.

Public Service Electric and Gas Company RCA Corporation Robert Bosch GmbH Rochester Gas and Electric Corporation

San Diego Gas & Electric Savannah Electric and Power Company Schering-Plough Foundation Texas Utilities Company Thomas & Betts Corporation Thomson Grand Public Transamerica Delaval Inc. Westinghouse Educational Foundation Wisconsin Public Service Corporation

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.

Up ;d States Circuit Court of Appeals

FOR THU SHCONI) CIRCUIT

THI: NUVV YORK PHONOGRAPH COMPANY

Complainant- Appe

III: NATIONAL PHONOGRAPH COMPANY, Impi.kadkd. Utc.

licfeiiiUnl-Appeli

TRANSCRIPT OF RECORD

XXXVI

Mooting of February fi, 1000 . 1425

September 21, 1900 . 1424, 1420

October 22, 1900. . . 1301, 1309, 1427, 1420

" November 11, 1900 . 1429, 1430

" May 20, 1903 . 1878

Annual Mootings, 1889-1903 . 14^3

Contract with Dealers proposed by N. Y. Co. . 1004

Opinion, llA/.i;n, J .

Order to Show Canso .

Petition for rohoaring .

Affidavit of William Falmoslock

Affidavit of Hugh M. Funston .

Affidavit of James L. Andam _

Affidavit of Louis Hicks . .

Opinion, Hazui,, J. .

Docreo .

Order staying Injunction _

Bond ($10,000) . "

Petitiou of Appeal nnd Allowance.

Assignment of Errors .

Bond for Costs ($250) .

Citation .

Clerk’s Certificate

1024

1944

1040

1072

1073 1975 1077 1985 1904 1008 2000 2000 2000 2010 2021 2022

'Ulnitcb States Circuit Court,

SOUTH ERN DISTINCT OF NEW YOUK.

Nuw Yokk I’mixomi.M'ii <’om- f'lmiplninsinl, against

NATIONAL PlIONOUllAI'lI UuM- P.VNY. i ill ph'ii fled with 'I'lmmns A. Edison, Edison l’hnnogr.iiph Company and Edison Phono¬ graph Works.

Defendants.

COMPLAINANT’S EXHIBITS. Complainant’s Exhibit 1, December

The President of the United Stales of America to Thomas A. Edison, and William E. Gilmore, Edison Phonograph Company, Edison Phono¬ graph Works and National Phonograph Co.. Greeting:

We command you tlml all and singular business and excuses being laid aside, you nnd eaeli of you lie nnd appear in your proper persons before .Tolm

i' either of you uru mil, to omit under the penalty pon unci i uml uvur.v of you of Two hundred aud fly dollars (§250).

CUKDIILE OK CONTItAOTS TO HE PHO-

Duom

Contract dated Oct. 28, 1887, between Edison aud Idison Phonograph .Oo.

Certificate of Organization of Edition Phono- rnph Co.

Certificate of Organization of Edition Phono- hi pit Works.

Contract. .luted Oel, 28, 1887, ltelweeii Edison lionogriipli Co. si ml 10. T. Oillilaiid.

Assignment dated .July 17, 1SSS, Gilliland to ippiiicoll, of said contract of Oci. 2S, 1SS7.

Cnntmrt. (luted May 12, 1SSS, between Edison ml Edison Phonograph Works.

Citnl rnet dnied .Inly 17, 18SS, between Edison 'honogrnph Co. uml Edison.

Cortitiente of Organization of North Anioriean honogrnph Co.

Cent iv.iet dated .Tune 28, 18S8, between Edison ml Lippincott.

Coni rnet. dated July 17, 1SSS, between T.ippin- til and North A morion ti Phonograph Co.

Coni racl; dated Aug. 1, 1888, between Edison, forth American Phonograph Co. and Lippincott.

Contract dated Aug. 1, 1888, between North .meriean Plionograpb Co., Lippincott and Edison 'Itonogrnpli Works.

Contract dated Oct. 10. 1888. between Edison. Idison PhonogrniVli Works, North American Phon- grnpli Co. and Lippincott.

Minutes of Edison Phonograph Co., July 17,

Coni, met dnlcd .Inn. HI, ISSII, between the North American IMioitoj^rsipli Co. and .Mel mpolilnn Phon (graph Co.

Contrurt, dtiied July III), IS, SI), licl-weeii Edison mid Uippiticott,

Cftnlrtti’l ilnlWl .Tun, 22, ISill), between Edison Plionojrmpli Co. Kdison PlnuingrapU Works, Edi- son, Lippinrntt. nnd North Amcririin Phonograph Co,

Conlrncl dated .Tilly 17, 1888, between [.ippin- roll unit Xorlli Ainorirnn Phonograph Co.

Conlrncl doled Fell, (i, ISSII, between Xorlli American Phonograph Cn, nnd -Tolin 1’. Haines,

Contract doled .Tul.v I, IS!):!, lielwcen Xortli Aniericnn Phonograph Co. nnd Xew York Phono¬ graph Co.

All i II ei i li i |s lociiments nnd writings re- Intinji to Hie. subject-matter of Hie ermtrncls nliove enumerated.

Witness Hie Honorable Melville W. Fuller, Chief Justice of Hie Tailed States, at, Hie borough of Mnnlintlnn, in Hie Oily or Xew York, on Hie 21 Jli tiny of Nov,, 1002.

John A. Shields,

(Beni, U. 8. Circuit, M' “'

Court, S. T). of X. Y.)

Elisha K. C.mmv

Complainant's Exhibit 2, December 8 1002, J. A. S„ Ex’s.

Tlie President, of the United States of Anierien to Tlioiniis A. Kdison & William E. Gilmore, Edi¬ son Phonograph Conipnny, Edison Phonograph Works nnd Xiitionnl Phonograph Co.. Greet¬ ing:

Wo command you that nil and singular business nnd excuses being ln.ul untile you and each of you be and upptar in your proper persons before John A. Shields, Kscp, n standing examiner of tin; Cir¬ cuit Court, of the United States for Hie Southern District, of Xew York in the Second Circuit, lit his olliee in the Pnst-nfllcu building, in the borough of Mnnhnttnii and City of New York in said South¬ ern District of Now York, on the 25th day of July, 1002, at 11 o’clock in tilio forenoon of the same day to testify nil and singular who t yon and each of you limy know in a certain cause now pending undetermined in the Circuit Court of the United States for the Southern District of Xew York wherein Xew York Phonograph Company is com¬ plainant and National Phonograph Company and ut tiers are defendants on Hie part of the complain¬ ant; and thnl you nnd each of you bring with you nnd produce ut the time and place aforesaid all cer¬ tain papers, contracts, (locum on Is and instruments in writing relating to the transfer or conveyance of nay right of any kind arising under any patent of tlie Uniled Slates issued to Thomas A. Edison in relation to the phonograph or supplies therefor or arising under any invention or conl rnct 'hereto¬ fore made by Thomas A. Kdison relating In the phonograph or supplies therefor and all such pat¬ ents issued to Thomas A. Edison therefor and the original copies of ouch and every one of tlie con¬ tracts hereinafter designated under “Schedule of Contracts to be produced,” now in your custody

graph Company, mill lliis ,vou or <>if her of yoi mv not lo i mil (lit* penally upon each am

every of .you of Two Ipiridred ami fifty dollar! pill).

KCIIEIH’LE Oh' CONTHACTS TO HU I'UO DUOliD.

Co nil'll el, dated Orl. 28, 1887, tlelweu Edison and Edison I 'liono>rr:i]>ii Co.

Ccrtilicute of nrgniii/.ntinn of Edison Phono graph Co.

Cerliflcule of Oromii'/.at{i'tt of Kdison Phono- graph Works.

Contvnef, dated Oel. 28, 18ST, between Edison Phonograph Co. and E. T. Oillilnnd.

.Assignment dated duly 17, ISSS, Oilliluml ti Mppiuei It, of said enntrart of Oel. 28, 1887.

Cnnlraef. dated .May 12, 1888, between Edison and Edison Phonograph Works.

■Contract , luted duly 17, ISSS, between Edison 1 Imiiogrrtph Co. and Edison.

Certificate of Organization of North Ameriean I nonogrnpli Co.

Contract dated -Tune 28, 1888, between Edison and Lippincott,

Conlrnetdatrd duly H, 1888, between Lippincott and North American Phonograph Co

Contract dated Aug. I, ISSS, between North 19 American Phonograph Co., Lippincott mid Edison phonograph Works.

Contract- dated Ort 10, ISSS, between Edison, Edison Phonograph Works, North American Phonograph Co. mid Lippincott.

Minutes of Edison Phonograph Co., July 17,

ISSS, especially.

Contract. Oct. 12, 1888, b'.'Lw.on Edison, Edison Phonograph On., Edison Phonograph Works Nor tii American Phonograph Co. and Lippincott.

Contract dated Oct. 12, 1888, between North American Phonograph Co. and Metropolitan Phonograph Co. 80

Contract dated Jim. 19, 1SS9, between the North American Phonograph Co. and Metropolitan Phonograph Co. ^

Contract, dated July 30, 1889, between Edison and Lippincott

Contract, dated Jan. 22, 1890, between Edison Phonograph Co., Edison Phonograph Works, Edi¬ son, Lippincott mid North American Phonograph Co.

Contract, dated July IT, ISSS, between Lippincott and North Amercan Phonograph Co.

Cm, tract dated Fell. 0 1SS9, between North American Phonograph Co. and John P. Haines. a

Contract dated July 1, 1S93, between North American Phonograph Co. and New York Phono¬ graph Co.

A;ll other contracts, documents and writings relating to the subject-matter of the contracts above enumerated.

Witness the Honorable Melville W. Puller, Chief Justice of the United States, at the Borough of

John A. Sliieb

(Seal, U. S.

Circuit Court S. I). of N. Y.)

Alisha K. Chimp,

Solicitor for c i j I n up.

I-onis Ilichs,

Of Counsel for Complainant.

Complainant’s Exhibit 3, Decembei

1002, J. S., Ex'r.

Affnrment made this 2N.I, day of .Jane, ,sss 1 l'"( Thomas A Edison „( Llcwellvn P lie Slate of New Jersey, party of the first p, ml Jesse II. Lippim-oll, of the f’itv and Xi„

Agreement, mmle this -Sth day of Uetuher, IbSi, between Thomas A. Edison, of Llewellyn i'ark, in llii! State of Notv Jersey, party of tile llrsl pan, and the Edison Phonograph Company, a corpora¬ tion organized ami existing under the laws of the State of New Jersey, party of the second part, Whereas, t he party of the first, part lias made certain inventions relating to “Phonographs,” which are fully set out and described in Lin: follow¬ ing Letters Patent of the United States and of tin Dominion of Ciinudu, mid applications for Letters Patent of llie United Slates, viz.: Letters Patent of the United States, No. 200,521, dated February tub, LS7S, Tor an “Improvement in Phonograph or Speaking Machines;” Letters Patent or tile United States, No. 213,554, dated March 25th, 1S79, for an “Improvement, in Aitlonmlic Telegraphs;” Let¬ ters Patent of the United States, dated May :18th, 1SS0, for Phonograph, and No. 227,- 07!). Application for Letters Patent of the United States for “An Improvement, in Phono¬ graphs,” filed October 1!)Ui, 1 SS7, serial No. 252, S00, Application for Letters Patent of the United Stales for an Improvement in Phonographs, filed October 21st, I8S7, serial No. 252,901, Letters Patent of the Dominion or Canada, dated October 17lb. 1887. and No. S.020. and Letters Pat

of, and will forthwith prepare; and execute the necessary papers to obtain Letters Patent of the United Stales ami the Dominion of Canada there¬ on, and will assign the said applications and the let¬ ters patent to he granted thereon, to the said com¬ pany. Provided, however, that all costs and charges of obtaining such patents, and all costs and charges incurred in experiments, shall have first heen paid to the said Edison by the company. If after the filing of any application, an interference he de¬ clared with some other pending application, the cost of conducting such interference shall he met, by the company.

Should any of the patents owned or to he owned by the company, he at any time infringed, suit shall at once he brought; by the company against such infringees and prosecuted to final hearing with the utmost vigor.

Second. The party of the second part, hereby grants and gives unto the said Edison the exclu¬ sive right, authority and license, under each and every the letters patent, and application aforesaid, to manufacture (he inventions therein severally described, and agrees that it will grant and give unto the said Edison a similar license under each and every letters patent upon inventions or the said 33 Edison, or others hereafter ac(|iiired by it. And the said Edison hereby agrees that lie will forth¬ with equip and furnish a factory suitable for the manufacture of Phonographs, and the supplies necessary therefor, and capable of supplying the demands of (lie company, and that he will promptly meet and fill all the orders of the said company, and will deliver to it. all phonographs and supplies so ordered, at the actual cost of the manufacture thereof, plus twenty per cent, of such cost; cost

mil subject If) any and all contracts hereto ade by the said Edison with the said Edison iijj Phonograph Company or others, and 44 i force, if any such there be. And the said i transfers and assigns to the party of the part, all his rights and interest; in and said contract with the Edison Speaking graph Company, if said contract have any ir validity whatsoever.

.vitness whereof, the parlies hereto have set I, hnds and seals the day and year first above

Thomas A. Edison.

Edison Phonograph Company, by Thomas A. Edison,

President. .46

Edison Phonograph Company.

Laws of New Jersey. Organized 18S7.1

0. Tate,

Secretary.

JU

40 Complainant's Exhibit 5, December 8, 1902, J. A. S., JEx'r.

Agreement, made this the 121 h day of .May, ISSS, between Tlioniiis A. Edison, of Llewellyn Park, in tlie Stale of New .Jersey, party of Lite first part, ami 1,10 K,li's,m Phonograph Works, a corporation or- jjitnissed and existing under the laws of the State of New Jersey, party of the second part.

Whereas, pursuant to a certain agreement made between the party of the first part and the Edison Phonograph Company, a corporation organized and existing under the laws of the State of New 47 !l,ltal tbo 28th day of October, 1887, the

said Edison was granted the exclusive right au- thority and license to manufacture the various in- ventions covered by the letters patent and applica- .ons therefor now owned or to he hereafter owned

in tlmT-i Kl,lsn" . . . Company, and did

tin sat. agreement agree I, . . and furnish a

factory suitable for Jim manufacture of phono- S'S; n"'1 "l7!,|>',Ii,,s therefor, and

E l 1 pi "PI,1'V nff ,l,c "f the said

n l ,°"n?,'MP CO",pi’"'V' nn" 1(1 nuinnfaelure

f:vwtnin n,li,T ^"tnict.s

Edwnei r "" Rn" K( lsn” ,,n<1 Colonel ficop-e Ednaid Oouraud, of London En-daml u ",

17

from said contract, to which for greater partic¬ ularity reference is hereby made, and

Whereas, the party of the second part has beeu organized to undertake the manufacture aforesaid, and is willing and desirous of assuming the obli¬ gations of the said Edison under tliu contracts be¬ tween him and the said Edison 1'honogrnph Com¬ pany, and between him ami the said Coil rand so far as tlie manufacture of phonographs and supplies for domestic and foreign use are concerned;

Now, it is agreed as follows:

Eirst. The party of tlie first part agrees to give and dues hereby give to tlie party of tlie second part tlie exclusive right, authority and license under each and every tlie letters patent and applications therefor under which a license lies boon grauted to him, tlie said party of tlie first part, by tlie said Edison Phonograph Company, pursuant to the •provisions of the contract of October 2Sth, 1S87, to manufacture the inventions therein severally de¬ scribed, and agrees that lie will give and grant to tlie said Edison Phonograph Works a similar license under eneli and every tlie letters patent up¬ on inventions under which lie may receive or be en¬ titled to receive a license to manufacture pursuaut to (lie contract aforesaid.

And tlie party of (lie first part further agrees to give and does hereby give to tlie party of tlie second part the exclusive right, authority and license to manufacture phonographs and supplies for export use in foreign countries.

It being tlie intention of this clause to confer up¬ on tlie said Edison Phonograph Works tlie same right and license under the patents owned or to lie owned hv tlie Edison Phonograph Company as arc conferred by said last-mentioned company uponf ihe said Edison, and the same right to manufacture

'I' Hi'' mimiirnehm* of phonographs mill tin* sup

li«*« . . . thewfor nriil capable of supplying

10 demands of tlio said Edison Phonograph Com iii.v, mol Unit it will promptly moot nml till all tin •ilois of tin* said company ami will deliver to il * snoli persons ns it iiia.v direct, for sale within (In "ii i'il States of America anil (lie nonunion of iininlii, all phonographs and supplies so ordered, fin* neliisil cost of tin. nimiiifaelure tliereof, pins ''0"t,v j.er coni. (20*1 of such cost, cost of man- 'aclnre hciiiff defined to include cost of labor, nlerial nml genera] expense; and (lie party of the eornl part furl her agrees that it will not sell snid innogrnphs mid supplies so to lie manufactured r domes! ie consamplion, to persons other than e said Kilison Phnurtijraph Company save liv its reel inn nml with its consent.

And the party of the seonml part furtiier agrees at the factory so to Ik* estahlished liy it shall lie a capacity sufficient not only to meet tiie dc- liuls of the said Kilison Phonograph Company.

1 ,0 s,lPI'l.v (lie orders of ||,e said flourmill

" (I|P r,’rpil-r" uimhet, and that it will promptlv pplv all tiie orders of (in. said . i ...n’t

phonographs or supplies sliiili he sold by the said ufi factory for foreign use save to tiie said Gouruud or such persons as lie may desigunte.

Third. lu considumtioii of the aforesaid the party of the second part lierehy agrees to transfer, assign and deliver to tiie party of the first part, his heirs, executors, ndmiiiistriitors and assigns, titty- two per cent. (52;f) of its entire capital stock ns and when tin* smile may lie issued by it, that is to say, for every four and eight-tenths (4.S) shares of its capital stock sold or issued for property by tiie Edison Phonograph Works as and when tiie same is sold or issued, it will transfer, assign and deliver to tin; said Edison, his heirs, executors, ad¬ ministrators mill assigns live and two-tenths (5.2) shares of its capital stock until tiie present cap¬ ital of three hundred thousand dollars has been en¬ tirely issued.

And tiie parly of tiie second part further agrees to and with tiie snid parly of the first part, his heirs, executors, administrators and assigns that in case at any time within twenty-five years from tiie date hereof and for any purpose it should in¬ crease its present capital of three hundred thons- sand dollars, it will transfer, assign and deliver unto tiie snid party of the flint part, his heirs, ex¬ ecutors, administrators and assigns fifty-two per 07 cent. (52pf) of each and every such increase.

Fourth. And the party of tiie first part agrees for himself, IiIk heirs, executors, administrators and assigns that of tiie stock issued and delivered to him or them pursuant to tile provisions of this contract lie or they will immediately apoa its re¬ ceipt transfer and assign thirty-eight per cent.

(fiS#) of tiie stock so issued and delivered to him or them to a trustee to he agreed upon between him and tiie party nf the second part, upon the follow¬ ing trusts and conditions:

company which it duchies to declare ns dividends in any one year amount to over twenty-live per cent, (tin?) on its entire stock, ex¬ clusive of such stock so held in I rust ns aforesaid, then such trust, stock shall lie entitled to partici¬ pate ratably with the other stock in sucli excess; ami

2. That tlie party of the first, part, ids heirs, ex¬ ecutors, administrators anil assigns shall have the exclusive right to vote upon the stock so held in trust at all meetings of the company, and a proxy shall lie given him or then; for such purpose; and ti. That in wise the company is dissolved or should go into liipiidntion such trust stock shall not lie entitled to participate, or share in tin* prop¬ erty or assets of the company.

In witness whereof, the parlies hereto have set. their hand and seals the day and year first above written.

Edison Phon-ochai'ii Works.

By Thomas A. Edison, President.

fSeal; Edison Phonograph Works,

Laws of New -Jersey. Organized 18SS.)

Attest:

Witness to the signature oM Thomas A. Edison. J-Tlinmas A. Edison.

•Toliii F. 'Randolph.

Endorsed: Thomas A. Edison with Edison Phonograph Works. Agreement. John C. Tom¬ linson. Counsellor at Law. 10 Wall St.. N V nih-

Complainant's Exhibit 6, December 8, 01 1902, J. A. S., Ex’r.

Agreement made this lOlli day of October, 18S8, by and between Thomas A. Edison, party of the first part, and Edison Phonograph Works, party of the second part; North American Phonograph Company party of the third part; and Jesse H. Lippincott, party of the fourth part.

(Note this agreement is Identical with the same agreement set forth in Complainant’s Exhibit 4G, Mnreli IS, 1003, J. A. S., Ex’r., infra on p. down to and including the words: “Witness to Mr. Lip- pincott, J. Adriaiice Hush”; Exhibit A and Exhibit B not being annexed to Complainant's Exhibit C). 02

Exhibit (i is indorsed ns follows: Thomas A. Edison with Jesse IL Lippincott nnd N. A. Phono¬ graph Co. and Edison Phonograph Works. Agree¬ ment. Dated October 10, 1S8S. Executed in quad¬ ruple. Eaton & Lewis, Attorneys nnd Counsellors,

120 Broadway (Equitable Building), New York Oily.

On Exhibit 0, tin1 following words appear upon the respective seals of the corporations, to wit: “Edison Phonograph Works. Laws of New Jer¬ sey. Organized 1888," and “North American Phono¬ graph Co. Incorporated- under the laws of New Jersey, 1888.’’ ,,,,

This agreement, made and entered into the twelfth day of October. 1888, by and between Thomas A. Edison of Llewellyn Park, in the State of New Jersey, the Edison Phonograph Onmpany, a corporation organized under the laws of the State of New Jersey, and (lie Edison Phonograph Works, a corporation organized under (lie laws of Hie State of New Jersey, parlies of the first part; die North

gaumed under the linv.s of t lu; .Stale of Now Jersey party of the second part ; and Jesse IT. J.ippincott of the City and Stale of New York, parly of the third part.

Whereas, one of Hie pnrlies of the first part. Thomas A. Edison, did on or nhoul June 28, 1SSS, enter into a certain agreement with Jesse H. IJppineott, of (lie City. County and Slate of New York, as will more fully appear by reference to said agreement, a copy of which is intended to bo hereto annexed, marked exhibit “A,” and made n part hereof; and,

Whereas, Thomas A. Edison did, on October 2Sth, 1SS7, enter into a certain ngmimeiit. with the Edison Phonograph Company, a copy of which is intended to tie hereto annexed marked Exhibit "II” and made a part hereof; and

Whereas, Thomas A. Edison entered into a cer¬ tain other ami further agreement with the North American Phonograph Company and ,Ti sse IT. Lip- pincott, under date of August 1st. 1888, a copy of which is intended In be hereto annexed, marked Exhibit “0,” and made a part, hereof; and

Whereas, The North American Phonograph Company and Jesse IT. Lippi ncolt entered into an agreement, will, the Edison Phonograph Works an- . or 1st. 1S.S8. n copy or which is

intended to be hereto annexe, I marked Exhibit

der date of August 1st. intended to be hereto

pincott, were by the terms thereof conditioned; and 07 Whereas, Thomas A. Edison and Jesse H. Lip- pincott. have severally performed nil of their re¬ spective promises contained in the above mentioned agreement dated June 2S, 1SSS, and have released each other from any und all further obligations under the said agreement; and Whereas, Jesse II, Lippinentl; and the North American Phonograph Company on July lStli, 1SS8, entered into an ngroymi.-iit, a copy of which is in¬ tended to be hereto annexed, marked Exhibit “E,” and made a part hereof, 'whereby Jesse IT. Lippincott bound himself to sell, transfer and confer to and upon and did sell, transfer and con- e8 for to and upon the North American Phonograph Company all the rights which lie then had or might thereafter acquire to use the patents and in¬ ventions of Thomas A. Edison relating to phono¬ graphs, and all rights and interests which he then had or might thereafter acquire in the patents of Thomas A. Edison, and any reissue and extension thereof, ami all rights which lie had acquired as well as all the rights which were agreed to bn con¬ ferred upon the North A merican Phonograph Com- jinny by a certain agreement between Thomas A.

Edison and Jesse II. 1SSS, and all the sloe Com jinny referred to i Jesse IT. Lijipineotl. i

Liji|iiiicoU, dated -Time 28, of (Tie Edison Phonograph the said agreement, which igiil- acquire or be entitled

Whereas, Thomas A. Edison and the Edison Phonograph Company entered into a Certain agree¬ ment under ilnle of July 17. 1888, a coin- of which is intended In be herein annexed marked Exhibit “F." n ml made a purl hereof; and Whereas, Thomas A. Edison entered into a cer¬ tain agreement with -Tesse IT. Lipjiincott, North American Phonograph Company and tiie Edison

of which is intended l.o be hereto annexed, mnrki Exhibit “0,” and made a part, hereof; and Whereas, the .Metropolitan Phonograph Con pnny is a corporation organized under the luv of the State of New York, for tin’* exploitation i phonographs am! plioiiogrnpli-grnplioplionos will in the counties of New York, Westchester, SnfToil Hichmoiid, Kings and Queens in the said Stale ( New York, and other purposes; and Whereas, file New England I’honogruph Con pnny is a corporation organized under the laws < tile Slate of Maine, for the purposes of like exploit; lion within the States of .Maine, New Ilnuipshin \ ernioal, Massaelnisetls, ltluide Island and Cm nodical.; and

s Whereas, The North American IMmnograp Company desires to execute and deliver lo t.li Metropolitan Phonograph Company and the Ne\ England Phonograph Company rospedively. a: full and complete licenses and authority to use am exploit tile phonograph and its appliances ns tin North American Phonograph Company and sail bippincott, now have or might have, or as the' or either of them might authorize the said Metro politnn Phoimgrapli Company and the New Enir hind Plimio-vjijOi Coni pa a v to lmve and posset ifthe agreements above re'ferred to between sain Edison and The North American Phonograph Cm,

Pl~r"”' «-w »ii .im .

. p2,i

and of other good and valnaide eonsideru lions, the 73 receipt whereof is hereby acknowledged, it is agreed by ami between the parties hereto ns fol¬ lows :

First. Tiie parties of the first part lierby grant to the party of tiie second part full and complete right and authority to grant to the Metropolitan Phonograph Company and the New England Phonograph Company all and singular tiie rights purporting or intended to lie conveyed to the said

two companies entitling them or either of them I -/ / j / .

to exploit the phonograph as fully and as complete- ' -

ly ns (lie Nnrlli American Phonograph Company it- C- f . £ / . i

self might do if all the agreements aforesaid Jmil 74 Q-

Jmmmi in nil respects performed, and ns fully Ttml ^ UjJj }AjU\D

"completely ns the said North American Phonograph

Company might, or could have so granted .ifjhn ngreement of June 28, 188S, hereinbefore referred to, between Thomas A. Edison and Jesse IT. Lippin- cott were now in ail respects fully complied with; ' and the North American Plionograpii Company and Jesse TI. Lippincolt, severally hereby ngree that, in respect of (lie Metropolitan Plionograpii Company anil tiie New England Plionograpii Com¬ pany, they will keep and perform all tiie agree¬ ments by them respectively to be kept and per¬ formed with Thomas A. Edison and the Edison 75 Plionograpii Works and tiie Edison Plionograpii ^

Company of New Jersey, ns fully and ns complete¬ ly ns either or both of them would contract or lias or have contracted lo keep and perform (he same if tiie agreement of June 28, 1SSS, had been in all respects fully performed-.

Second. The parties of the first part hereby far¬ ther agree with the party of tiie second part that tiie rights hereby authorized to be granted by the North American Phonograph Company to tiie Met-

s hereby given to and conferred upon the 'sees of tlio North American Phonograph , Homely I In: Metropolitan Phonograph oik] the New England Phonograph Com- meson of the noo-poi'ronimnee of nny of toons of the agreement of June 2S, 1 SSS, esse II. Lippineott nnd Thonins A. Edison, ire referred to, by Jesse H. Uppineott, North American Phonograph Company, I’orly or purlins (other than the said two net ine- under the authority or license of Idppinenfl iuut the North American |)h Company, and outside of and beyond >f Ibe territory for which licenses are, pur¬ lin terms of this agreement, to be given to two licensee corp> rations: Now, there-

parlies of the first part agree that as re- sa’d lb on-cs of the North American ph Company, namely (lie Metropolitan

tph Company . . (|,e Nt‘w England

i|'h Company, they, Hint is to sav, the par- firsl "-ill '■•>( in any way annul any of the rights or benefits hereby given 'inferred npen the sat.l (wo lieeiisees, or iitoiii, by reason of any suet, non-perform- re u'b as aforesaid of (be above mentioned tl n •Turn* 185W, provided,, howover.

piuiy, or either of them, in so far as r^iects,. the / tufrltOTy’witliin wltieb they or either of them may bo-authori/.cd by tlia NorlliAmerieaii Phonograph Company- to'exploit phonographs and pbonograpb- graphopliones7 shall keep or perform their or its agreements which Uiuy or eitiirr of them have con¬ tracted or may licreaftsr contract to perform with the North American Phonograph Company or with Jesse II. Lippineott; and proviileil, second, that in so far us respects the stuil'sbveiiir terriloriM above mentioned, the Metropolitan Phonograph Com- pany and the New England Phonograph Company j shall severally keep and perform whatever agree- \ inrnts the s:iid North American Pbonograpli Com- l patty or tile said Lippineott, touching the respective ! territoiies just mentioned, have agreed with tiie \ parlies of I lie first part to keep and perform. But as regards the aforesaid two provisos, nothing here¬ in contained shall have the effect to ninhe either of tliu said two licensees linble for any breach or mm-pcrformancc by (lie other of any obligation or duty to be performed by it within and affecting its said territory.

Fourth. The North American Phonograph Com- I pany nnd Jesse H. Lippineott hereby, in so far as re¬ spects the Metropolitan Pbonograpli Company, ami i tlio New England Pbonograpli Company, will severally keep and perform with 'I’liomas A. Edi¬ son ami tlio Edison Pbonograpli Works and the Edison Phonograph Company, of New Jersey, all and singular tlio conditions, provisions nnd cove¬ nants of the said agreements of August 1st, 1S8S, and June 2Sth, 1SSS.

Fifth. The North American Phonograph Com¬ pany nnd Jesse II. Lippineott agree that if tliey or either of them fail to fully and promptly supply the said licensees, namely, the Metropolitan Phono¬ graph Company and the New England Phonograph Company, or cither of them, with phonograph and graphnphono supplies, as required by any present er future contract, between them or either of them,

II till.' Edison I '111 ■llllf'l 2t|lll \

les hereof set their hands and sculs the* <ln ul yi nr first above wriltcn.

(Scil.) Thomas A. Ellison. (L. S ilncss m Mr. Ellison,

Sami. Insnll. gd.) S. II. Eaton.

Edison Phonograph Oompnn

S.)

•test:

(Se«l.) A. 0. Tate,

Srcreiary.

Edison Phonograph Works, by

1 S') (Sgd.) Thomas A. Edison,

President

test:

(Sjjtl.) A. 0. Tale,

Secretary.

North American Phonograph f'ompnn.v Jesse H. Lippi nootl,

,T _ President

>'nrth A,ncrirati Phonograph Co., Tncor "n,1,T thr* Laws of New Jersey, 1SSS).

George TT. Eifzwilson,

Secretary.

Complainant's Exhibit 8, December 8 1902, J. A. S., Ex’r.

Agreement' made this twenty-second day of dm wary, I8III), between the Edison Phonograph Con puny, of the lirsl part, and the Edison Plionograp Works, of I In? second pari, anil Thomas Aim Ed son, of the third part, and Jesse It. Lippincntt, e Ilie fourth part, and The North American Phoni graph Company, of the fiflli part.

Whereas, by agreement, tinted the L’Stli day of Oi loher, LSS7, the said Edison was granted the exeb sive rigid to innnnfactnre, in Hie United .States an Dominion of Caimiln, eerlain inventions rcIwMn to piionographs, ns more fully appears by the sail agreement, reference to which is now made fo grealer parlienlarity; and

Whereas, by agreement, dated the Ititli day o M.'i.v, LS.SS, Hie said Edison gave to tin*, said Edisoi Phonograph Works tin* aforesaid exclusive right ti iimunfaelure, granted to him as aforesaid ; and Whereas, tin* ]iarlies liereto have, in filet, assent rd to the aforesaid transfer of manufacturing rigli b.v tin* said Edison to the said Edison Phonograpl Works, lint have never executed formal pa pci's set

Jesse n. Lippimotf (L. S.)

Edison IMiono^iiipli Works, i 'vs of Now Jei-sey. luxit] ISSS.) test:

A. 0. 'I'a to,

•Secretary,

Thomas A. Edison. (Skat,.)

n. Union,

Witness to Mr. Edison.

Jesse II. Lippineoll;. (Sk.M.A itness lo Mr. Lippincott:

<\ Will cult.

The North Ainerienn Phonograph Company,

H.v .Tesso IT. Lipplncott, President.

kat,; North American Phonograph Co.

rorpo rilled under (lie Laws of Xew Jersey, ISSS.)

test:

tiro. IT. Fit/.wilson,

Secretary.

Bndoi-sod : Edison Phonograph Company, Edison allograph Works, Thomas A. Edison, Jesse R. ipineott. and the North Ainerienn T'lionon-rnnh

in;; Hilly swiini, cli'|iosi's mill soys: | Itnvc rcml

iltiilnvils nf . . mu ; >ln I n:i u [ fur use tin (lie m,,

rill' |wlimtoni,\ in.hiiii t.ioii, im,| | l,clieic (|m| | fnil In present ii nimrl. view „f (|,c- silimlinn. in' ns I knew, there Inis never liceu ,'itiv recneiil If till* vii HUii.v »r i tic <rmpli<rpUimc (mlenls on wl ■'is suit wns