708
75 FEDERAL REPORTER.
CREDIT RATINGS. ARIZONA-Contlnned. Phoonlx Maricopa oM Bliss & Llgier M . Cohlse Marble &; Onyx Co. oM Gregory, J. M. M Phoonlx Marble &; Stone Co. (Cap, $50m,)
BLUE BOOK. 18 F ARIZ ON A-Continued. Phoonlx, Maricopa Co GM+ Bliss & Llgler GM+ Cohise Marble & Onyx Co. GM+ Gregory, J. M. GM Phoonix Marble & Stone Co. (Cap. $50m)
13 E
Note. L. R. Ligier had succeeded Bliss & Ligier before June 1, 1895. Prescott Yavapai OM Malr, Jacob, Tombstone Cochise oM Ritter &; Taylor ARKA.."lSAS. Batesville Independence BQ Bartlett, Jesse M. BZ Cone, J. C. BZ Joblln Frank, OM Wiebusch, H. J. PreS'Jott, Yavapai Co. GM+ Malr, Jacob, Tombstone, CochlRe Co. GM+ Ritter & Taylor ARKANSAS. Batesville, Independen'1e Co. SQ. Bartlett, Jesse M. SW Cone, J. C. SW Joblin, Frank GM+ Wiebusch, H. J.
20 J
17 J 19 J 19 J
L ·
P ·
Note. Jesse M. Bartlett and J. C. Cone had discontinued June 1. 1895. Bentonville Benton OM Holland & Pearson OM McWhirter & Corley Bentonvl1le, Benton Co. GM+ Holland & Pearson GM+ McWhirter and Corley
Note. Corley & Baclms had succeeded Holland & Pearson, McWhirter Bros. had succeeded McWhirter & Corley before June 1, 1895. 0amden Oauchita OM Camden Marble Works (See C. A. Weller) OM Weller, C. A. Camden, Oauchita Co. GM+ Camden Marble Works (See C. A. Weller) GM+ Weller, C. A.
Note. Weller & Wilson had succeeded C. A. Weller before June 1, 1895. Clarendon Monroe OM Rawlings, Tucker W. Clarksvl1le Johnson OM Caldwell, Zach. 19 J
Clarendon, Monroe Co. GM+ Rawlings, Tucker W., Clarksville, Johnson Co. G1I1+ Caldwell, Zach,
Note. Zach. Caldwell discontinued business before June 1, 1895, and Rufus Norton and Henry L. Bunch had started in business before said dllte. Dardanelle Yell OM Bennett, & Urmston Eureka Springs Carroll OM Abbey, M. A. 'M Eureka Onyx Co. (Cap. paid $20m) Fayetteville Washington BQ Morley, Albert H. 18 J
J 20 K
Dandanelle, Yell Co. GM+ Bennett & Urmston Eureka Springs, Carroll Co. G1I1+ Abbey. l'v1. A. GM+ Eureka O"yx Co. (Cap. paid In $20m,) Fayetteville, Washington Co. SQ Morley, Albert H.
N 4 ·
6
Note. Before June 1, 1895, William Davenport had started new, and AI· bert H. Morley had admitted his son. changing the style to A. H. Morley & Son. Fort Smith Sebastian OM Daley, Farrell 400 Towson ave 'M Fort !3mith Marble Works (See Smith & Tobey) OM Smith & Tobey 911 Garrison ave Hope Hempstead OM Welcome. Wm. W. Hot Springs Garland OM Hill, Theodore, 121 Oauchlta St. Jonesborough Craighead OM Taylor, Dempsey. 19 J Fort Smith, Sebastian Co G1I1+ Daley, :B'arrell 400 Towson Ave GM+ Fort Smith Marble Works Inc. 200M (See Smith & Tobey) GM+ Smith & Tobey 911 Garrison Ave Hope, Hempstead Co. G1I1+ Welcome, Wm. W. Hot Springs, Garland Co. GM+ Hill, Theodore 121 Oauchita St. Jonesboro, Craighead Co. GM+ Taylor, Dempsey
P 4
15 E
8
Note. W. L. Warmack had started before June 1, 1895. 19 J
P4 P4
19 J
Note. E. Stull succeeded Dempsey Taylor before June 1, 1895.
LADD V. OXNARD.
709 BLUE BOOK.
CREDIT RATINGS. ARKANSAS-Continued. Little Rock Pulaski BQ Arkansas Stone CO. (Inc.) 224 West ?d st. GQ Braddock, J. S. 216 W. Markham st. *M Funston, William L. GQ Little Rock Granite Co. 208 West Markham st. (Inc. cap., 100m.) Nashville Howard *M Price & Sons Newport Jackson *M Drummond, A. Ozark Franklin *M McWhirter, L. D.
18 J
ARKANSAS-Continued. Little Rock, Pulaski CO. SQ Arkansas Stone Co. (Inc.) 224 West 2d St. GQ Braddock, J. S. 316 W. Markham st. GM+ Funston, William L. GQ Little Rock Granite Co. 208 West Markham St. (Inc. cap. $100m) Nashville, Howard CO. GM+ Prjc" R. Sone Newport, Jackson Co. GM+ Drummond, A., Ozark, Franklin Co. GM+ McWhirter, L. D.
N 4
Note. The Little Rock Granite Co. forfeited its charter before June 1, 1895.
18 F
Note. Our printer dropped the initial B in name of A. B. Drummond. Note. Before June I, 1895, L. D. McWhirter removed to Bentonville, and joined McWhirter Bros. Paragould Greene OM Mason, C. H. Pine Bluff Jefferson *G Cook, John, 205 Main st. *M Westbrook & Sheppard Paragould, Greene Co. GM+ Mason, C. H. Pine G+ GM GM BlUff, Jefferson Co. Cook, John, 205 Main St. Westbrook & Sheppard Cook, John
Note. C. H. Mason discontinued business before June I, 1895. 15 F KI
Note. Respondents insert John Cook twice, once properly classifted with street address, and once wrongly classified without street address. He had discontinued business before June I, 1895. Prairie Grove Washington (Atty. Fayetteville 12 miles) *M Dorman & Baggett Rogers Benton *M Pearson, J. M. Russellville Pope *M Elgin, T. H. *M Russellville Marble Works (See T. H. Elgin) Searcy White OM McAdams, F. W. *M Sewell, F. P. & Co. Prairie Grove, Washington Co. (Attorney Fayetteville 12 miles) GM+ Dorman & Baggett Rogers, Benton Co. GM+ Pearson, J. M. Rusellvllle, Pope Co GM+ Elgin, T. H, GM-:- Russellville Marble Worka (See T. H. Eigla) Searcy White 00 GM-/- McAdams, F. W. GM+ F P. & Co.
19 .J 19 J
18.%.
Note. Backus & Thompson succeeded F. W. McAdams before June I, Sugar Loaf, Sebastian CO. GM+ Mose, John, Texarcana, Miller Co. GM-I- Smith, Jacob L 511 Broad St. GM+ Texarcana Marble Worka (Soe Jacob L. Smith) Van Vuren, Crawford Co. G+ Mitchell, Aaron L.
Sugar Loaf Sebastian OM Mose, John, Texarkana Millet OM Smith, Jacob L. fill Broad st. *M Texarkana Marble Works (See Jacob L. Smith) Van Buren Crawford OM Mitchell, Aaron L.
Note. John Mose discontinued business before June 1, 1895. 19 J P 4
Note. T. M. Mitchell succeeded Aaron L. Mitchell before June I, 1895, and E. H. Hicks started new previous to that date. Wlllcockson Newton OM Randolph, Lee, CALIFORNIA. Aniel'. Camp Calaveras (Atty. Stockton) OM Taylor, Allen Bakersfield Kern *M Nledoraur, Jacob, Willcockson, Newton Co. GM-/- Randolph, Lee, CALIFORNIA. Angel's Camp, Calaveras Co. (Attorney Stockton) GM-/- Taylor, Allen,' Dakersfield, Kern CO. GM+ Nledoraur, Jacob,
17 J 12 E
L. F
Note. B. K. Stone succeeded Jacob Niedoraur before June I, 1895.
a
710 .
OREDIT RATINGS. CALIFORNIA-Continued. Chico Butte °Z Robie, WlIliam, Coima San Mateo oM Barrett, B. J. & Co. oM Dineen, B.lo. oM MUlianey,.t'. D. OM Zlgl1o, David. 15 F J J J F
BLUE BOOK. OALIFORNIA-Contlnued. Chico. Butte Co. GM Roble, WlIllam, Colma, San Mateo Co. GMt Barrett, B. J. & Co. GM Dineen, B., GM - Mullaney, P. D. GM+ Ziglio, David,
K' 6 6 6 4
Note. B. J. Barrett & Co. discontinued business before June 1, 1895. Coloma. El Dorado OM Hanna, Adam 16 F Coloma, El Dorado Co. GM+ Hanna,Adam K 3
Note. The name of Adam Hanna appeared under Coloma through clerical error, and should appear under Colma. Colton San Bernardino B California Marbie & Building Stone Co. (inc.) 'M Hubbard, W. L.' '!If Martin, W. G. 18 J Columbia Tuolumne oM McNamee, John. Colusa Colusa GZ Frank, Joseph, 19 J OM Martin & Gardner J Davisville Yolo oM Llchtfers, Phlllp, 19 J Declezvllle San Bernardino 'M Los Angeles Marble & Granite Works. East Los Angeles Los Angeles. (See Los Angeles) Eureka Humboldt 'M O'Neil, John, 17 J Fresno Fresno 'M Doyle Bros. 16 F 'M McKay, J. S. J Grass Valley Nevada 'G Ahearn, Thomas J. & Alex J. 'M Lord James H. Colton, San Bernardino Co. B California Marble & Building Stone Co. (Inc.) GM+ HUbbard, W. L. OM+ Martin, W. G. N4 Columbia, Tuolumne Co. GM+ McNamee, John Colusa, Colusp Uo. GW Frank, Joseph, P4 4 GM+ Martin & Gardner Dav.lsvllle, Yolo Co. GM+ Llchtfers, Philip, P4 Declezvllle, San Bernardino Co. GM+ Los Angeles Marble & Granite Works. East Los Angeles, Los Angeles Co. (See Los Angeles) Eureka, Humboldt Co. GM+ O'Neil, John L3 Fresno, Fresno Co. GM+ Doyle Bros. K3 GM+ McKay, J. S. 4 Grass Valley, Nevada Co. & Alex. J.
Note. Corney & McKay succeeded J. S. McKay before June 1, 1895. 18 F 20 J
G-I- Ahearn, Thos. J.
GM+ Lord, James H.
N4
4
Note. Thomas J. Ahearn purchased the interest of Alex. J. Ahearn before June 1, 1895, and continued alone. Halleck San Bernardino (Atty. San Bernardino 48 miles) 'M Lemon, C. S. M Wyman, Gruendike & Co. Hanford Tulare 'M Johnston, W. A. 'M Ragan, C. K. Haywards Alameda oM Jackson, T. B. Healdsburg Sonoma oM Fisher & Kinslow (See Santa Rosa) Lincoln Placer BG Coffey, T. L. 'M Grimes & Co. "M Jetter Thos. W., Livermore Alameda 'M Kelly, Edward, Lo. Angeles Los Angeles B Arizona Stone Works (See H. C. Clement & Co.) BZ Clement, H. C. & Co. Santa Fe ave. . oM Declez Granite Co. (Inc.) 114 N. Los Angeles st. 'M Lane Bros. 519 S. Main st. 19 J E 13 E Halleck, San Bernardino Co. (Attorney San Bernardino 48 miles) GM+ Lemon, C. S. GM Wyman, Gruendike & Co. Hanford, Tulare Co. GM+ Johnston, W. A. GM+ Ragan, C. K. Haywards, Alameda Co. GM+ Jackson, T. B. Healdsburg, Sonoma Co. GM+ Fisher and Kinslow (See Santa Rosa.) Lincoln, Placer Co. SG Coffey, T. L. GF+ Grimes & Co. GM+ Jetter, Thos. W. Livermore, Alameda Co. GM+ Kelly, Edward Los Angeles, Los Angeles Co. S Arizona Stone Works (See H. C. Clement & Co.) SW Clement, H C.... Co. Santa Fe Ave. GM-I- Declez Granite Co. (Inc.) 114 N. Los Ar.geles St. GM+ Lane Bros. 519 S. Main St. P 4 :I
H 2
Note. C. K. Ragan went into insolvency previous to June 1, 1895.
13 E 18 J F J
H 2 N 4 4 4
Note. T. L. Coffey discontinued business before June 1, 1895. 14E 19 J E
J 3
P4 2
14 J
J3
711 BLUE BOOK.
CREDIT RATINGS. CALIFORNIA-Continued. 'M Messerly, A. E. 19 J 719 N. Main st. 'M Murray, Wm. M. 19 J' 722 Grand ave. Los Angeles. GM .Paclfic Granite & Marble Co.. 931 East 1st st. 13 E MG Southern California Marble & Granite Works, (See Lane Bros.) MQ Victor Marble & Granite Co. 227 West 1st st. J BZ Ward, Frank F. 141 West 23d st.
CALIFORNIA-Continued. GM-J- Messerly, A. E. I> 719 N. Main St. GM± Murray, Wm. M. P 4 722 Grand Ave. Los Anl':eles. GM Pacific Marble & Granite Co., 931 E. 1st St. MG+ Southern California Marble and Granite Works. (See Lane Bros.) MQ Victor Marbie & Granite Co. 227 West 1st St. II SW Ward, Frank F., 141 West 23d St.
Note. Before June 1, 1895, Brown & Ford had started. M. Craig had started (see Exhibit D). A. E. Messerly had discontinued. Weifenbach Granite Co. had started. Marysville, Yuba OM Condon, David OM Plymire, W. H. 20 Marysville, Yuba Co. GM+ Condon, David GM+ Plymire, W. H.
II
Note. Before June 1, 1895, George H, Voss had started. Merced, Merced 'M Delong, A. 19 E Napa City, Napa 'M Kelly, P. 15 E OM Newman & Wing 17 11' Oakland, Alameda OM Amador Marble Co. (lnc.) D Piedmont ave. MG American Granite & Marble Works (See A. W. Combs) 'M Combs, Angus W., J 468 9th st OM Dinneen, Michael, 11' 717 78th st. OM Dwyer, Daniel, 18 11' Booth, near Broadway OM Gross, William, 19 11' 1340 Kirkham st. Oakland OM Kelly, James F. 16 11' 7th and Brush sts. 0G Oakland Marble & Granite Works, (See Michael Dinneen) BZ Perine, William D., 19 457 9th st. Oakland. G Rocklin Granite Co. E (see Rocklin) Penryn Placer 'M Griffith, David, 11' Merced, Merced Co. GM+ Delong, A. Napa City, Napa Co. GM+ Kelly, P., GM+ Newman & Wing Oakland, Alamec.a Co. GM-I- Amador Marble Co. (Inc.) Piedmont Ave. MG American Granite & Marble Works A. W. Combs) GM+ Combs, Angus W., 468 9th St. GM+ Dinneen, Michael 717 78th St. GM+ Dwyer, Daniel Booth, near Broadway, GM+ Gross, William, 1340 KirlClam St. Oakland. GM+ Kelly, James F. 7th and Brush Sts. G+ Oakland Marble & Granite Works Michael Dinneen.) GW Perine, William D. 457 9th St. Oakland. G Rocklin Granite Co. (See Rocklin) Penryn, Placer Co. GM+ Griffith, David P 3 K 2 L 4 1 (See 3 2
P 4 K 3 (See I>
8 ·
Note. David Roberts started new before June 1, 1895. Petaluma Sonoma OM Evans, E. W. M. Pino Placer (Atty. Auburn 10 mllea) GQ Carlaw Bros. (See Sacramento) GQ Healy, M, J. & Co. Placerville El Dorado OM House, John L., Red Bluff Tehama OM Masterson, D. E. Redding Shasta OM Bentley & Brown OM Redding Marble Co.
F
16 11'
19 J J J
Petaluma, Sonoma Co. GM+ Evans, E. W. M, Pino, Placer Co. (Attorney Auburn 10 miles) GQ Carlaw Bros.) (See Sacramento.) OQ Healy, M. J. & Co. Placerville, El Dorado OM+ House, John L. Red Bluff Tehama Co. GM+ Masterson, D. E. Redding, Shasta Co. GM Bentley & Brown GM+ Redding Marble Co.
·
K 3
N 3 3 3
Note. F. A. Plymire succeeded Bentley & Brown before June I, 1895. Riv<n-slde San Bernardino MZ Squire, Mrs. Stephen, M Stone Bros. (See San Bernardino) Rocklin Placer G Allen, Ira P., 18 E Riverside, San Bernardino Co. MW Squire, Mrs. Stephen M+ Stone Bros. (See San Bernardino} Rocklin, Placer Co. G Allen, Ira P.
NS
712
75
REPORTER.
CREDIT RATINGS. CALU'ORNIA.-Continuad. °G Degan, & Brady , (See San Francisco) GQ Eureka Granite CO G Rocklin Granite Co. (see Oakland)
BLTJE BOOK. CALI FORNIA-Continuad. G+ Degan & Brady (See San Francisco) GQ Eureka Granite Co, G Rocklin Granite Co. (See Oakland)
Note. Before June 1, 1895, Carroll Hoyt & Co. and Copp & Waters ·and Levi Fletch"lr had started, and P. Degan had succeeded Degan & Brady. St. Helena Napa oM Kelly. John J. 19 J Spring st. Sacramento Sacramento OM Aitken. Andrew, 13 E OM Bo ne, William, 13 F MG Carlaw Bros. 15 F Sacramento OM Carroll, J. & Son 17 J oM Cranley, Prader & Co. J oM Devine, J. H. oM Luce & Glover 16 F GM Sacramento Granite & Marble Works (See Carlaw Bros.) St Helena, Napa Co. G'u. Kelly, John J. PI ...ing St. Sac., amento, Sacramento Co. GM-j- Aitken, Andrew, H! GM+ Boyne, WIlliam H4 MG+ Carlaw Bros. H4 Sacramento GM+ Carroll, J. & Son, L 3 GMi Cranley, Prader & Co. 4 GM Devine, J. H. GM Luce & Glover K 3 GM Sacramento Granite and Marble Works (See Carlaw Bros.
Note. J. Carroll & Son became insoivent before June 1, 1895. J. H. Devine was a clerical error, and should have read J. C. Devine. San Bernardino San Bernardino MZ San Bernardino Marble & Granite Co. (See Stone Bros.) OM Stone Bros. 16 F San Diego San Diego G Clark-Rockfellow Granite Co. (Cap. paid In $5m.) MZ San Diego Marble Works (See Simpson & Plrnle) MZ - Simpson & Plrnle 18 ''E San Francisco San Francisco WM Allan, John D. (See Jones Bros. & Co.) G Barclay Bros. & Co. E F MG Brown, W. S. & Co. 1629 Mission st. BZ California Marble & Building Stone Co. (Inc.) E 216 Bush st. M California Verde Antique Marble Co. (Inc.) , 308 Pine st. MQ Carrara Marble Quarry 1219 Market st MQ Columbia Marble Co. 347 Brannan st OM Clark & Lloyd F Harrison, near 13th st, OM Comuth, Edward 12E 12 Golden Gate ave. OM Daniel, John & Co. 18 J Entrance Laurel Hill Cemetery. OM Davidson & Sons 5 Mills Bldg. (See Chicago. m.) San Francisco BZ - Degan & Brady 16 E East 11th st. OM Dumontelle, Eugene F 523 5th st. MZ Flohr, Frederick, J 1133 Mission st. BZ Gray Bros. ArtifIcial Stone Paving Co. (Inc.) 316 Montgomery st. OM Haring, J. J. F 115 Kearnev st. MZ Hawthorne, C. R. 15E 3 Henderson ave. MQ lnyo Marble Co. (Inc.) F 13 Mills Bid!\". OM Isham & Blanchard J Ocean View WG Jones Bros. & Co. cor. Second and Brannan sts. (See Jones Bros., Boston, Mass. San Bernardino, San Bernardino Co. MW San Bernardino Marble and Granite Co. (See Stone Bros.) GM+ Stone Bros. K 2 San Diego, San Diego Co. G Clark-Rockfellow Granite Co. (Cap. paid In $5m) MW San Diego Marble Works. (See Simpson & Plrnle) MW Simpson & Plrnle N3 San Francisco, San Francisco Co. XM Allan, John D. (See Jones Bros. & Co. 2 G Barclay Bros & Co. MG Brown, W. S. & Co. 3 1629 Mission St SW California Marble & Building Stone CO. 216 Bush St. GM California Verde Antique Marble Co. (Inc.) 308 Pine St. MQ Carrara Marble Quarry. 1219 Market St. MQ Columbia Marble Co. 347 Brannan St. GM+ Clark & Lloyd J Harrison, near 13th St. GM+ Comuth, Edward, P 2 12 Golden Gate Ave. GM-'- Daniel, JOhll & Co. N 4 Entrance Laurel Hill Cemetery. GM+ Davidson & Sons 5 MllIs Bldg. (See Chicago liI.) San Francisco SQ Degan & Bradv K 3 East 11th St. GM+ Sumontelle, Eugene. 4 523 5th St. MW Flohr, 4 1133 Mission St. SW Gray Bros. Artificial Stone Paving Co. (Inc.) 316 Montgomery St. GM Haring, J. J. J 115 Kearney St. MW Hawthorne, C. Ro. K 1 3 Henderson Ave. MQ Inyo Marble Co. (Inc.) 2 13 Mills Bldg. GM+ Isham & Blanchard 4 Ocean View. XG Jones Bros. & Co., cor. Secone! and Brannan Sts. (See Jones Bros., Boston, Mass.)
UMJ
2
LADD ·· OXNARD.
713 BLUE BOOK.
CREDIT RATING&. CALIFORNIA-CoIl....... -X .Ton.., Geo. H. · Flood Bldg. eM McCormick, W. H. U22 Market It. eM MacNutt, A. H., 432 Bryant st. eM Maestrettl, Frank A.. 206 Central ave. BZ Matthews, William .. 0-. cor. Turk & Wood sta. eM Miller, Charles, MZMorrls, Abraham. 216 5th It MZ Musto, Joseph, 713 Battery .t MZ Myers, Leon It.. 20 Gold st. eM Nunan, John J. 1734 Market st. eM Nutting, John F. GZ Ocean View Granite CO. (See Isham & Blanchartt) eM Paltenghl, Andrew" 0... 1219 Market st. San Francisco eM Pierce. John 0. 216 Linden ave. eM Pierce, Patrick 23 Valencia st. OM Powers, E. J. 2328 Bush st. G Raymond Granite Berry St. eM Rebstock, J. 408 Central ave. WM Rice, Marshall E., 37 Silva st (See Barre, vt.) eM Roche, T. B. &: Son, 16 Pearl st. MZ Roth, MaxlmlllaD, 43. Valencia st. eM Rumno &: BianchI, 864 Bryant st. OM Sheerin, Daniel, Broderick st. M Tempestl, Eugento 1151 Mission st. WM Vermont Marble Co. . 2« Brannan st. (See Proctor, Vt.) D WillIams, Frank, 17 Eddy st. II II
:lJ II
16 I' J
u m J 19 J
'I D
D J .T U.T
eo..
'II
U J 1· .T
18 F · D
18 Jll
19.T F
OALIFORNIA-Contlaul4. GM+ Janel, Geo. H., 6 Flood Bldg. GM+ McCormick, W. H. 1422 Market St. GM+Ma.cNutt, A. H. 432 Bryant St. GM+ Maestrettt, Frank A. 206 Central Ave. SW Matthews. William .. cor. Turk and Wood Sta. GM+ Miller, Charles MW Morris, Abraham, 216 5th St. MW Musto, Joseph, 713 Battery St. MW Myers, Leon a. 20 Gold St. GM+ Nunan, John .T. 173. St. GM+ Nutting, John F. GW Ocean View Granite Co. (See Isham &: Blanchard.) GM+ Paltenghl, Andrew" 00. 1219 Market St. San Francisco GM+ Pierce, John O. 216 Linden Ave. GM+ Pierce, Patrick 23 Valencia St. GM+ Powers, E. J. 2328 Bush St. G Raymond Granite eo. Berry St. GM+ Rebstock, J., 408 Central Ave. XM Rice, Marshall m. 37 Silva at. (See BlIne. 'Vt,) GM+ Roche, T. B... SOD, 16 Pearl St. MW Roth, Maximilian, 434 Valencia St. GM+ Rumnl & Bianchi 864 Bryant St. GM+ SheerIn, Daniel, Broderick St. GM Tempestlo, Eugenio, 1151 Mission St. XM Vermont Marble Co. 244 Brannan St. (See Proctor, vt.) S WIlliams, Frank, 17 Eddy St.
HI D2 K3 4
oe.
Jll2 4 I'll
Oll
P3
, P'
PI
1[4
N. D2
114
Note. John D. Allan 18 not engaged individually, but is the company of Jones Bros. & Co. He Is our conespondent for the Pacific coast, and WE'! Insert his name as a matt!'r of compliment. Before June I, 1895, the follOWIng changes had taken pln('e among San Francisco dealers: Barclay Bros. & Co., Frederick Flohr, Charles Miller, John .J. Nunan, Marshall E. Rice, and Eugenio Tempestl had discontinued business. B. J. Barrett, H. O. Brown & Co., P. Donohoe, E. Leiss, Metlar Marble & Granite Co., A. E. Nichols, and C. H. Rodd & Co. had started In business. M. T. Carron & Co. and J. Catto & Co. had also started new. P. Degan had succeeded Degan & Brady. J. R. Blanchard had succeeded Isham & Blanchard. George S. Matthews had succeeded Wllliam Matthews & Co. E. J. Powers was a clerical error, and should have read E. T. Powers. Lane Bros., of Los Angeles, had opened · branch office at 409 McAlllster street. (See Exhibit E.) San Jose Santa. Clara eM Barker, Bulman &: DemecheU OM Blanchard Wm. W. OM Brownell, Lyman A. eM Comhs, J. W. & Co. MZ Dunne, R. H. & Co. GM Western Granite &: Marble Co. (Cap. paid In $75m) F 18 F 18 J J D San Jose, Santa Clara 00. GMI Barker, Bulman'" DomocheU GM Blanchard Wm W. GM Brownell Lyman A. GM Combs, J. W. 01: Co. MW Dunne, R. H... Co. GM Western Granite A Marble 0.. (Cap. paid In $75m.1 · N · N · , ·
Note. J. W. Combs & Co. discontinued business before June I, l895.
714
CREDIT RATINGS. San OM OM San OM CALIFORNIA-Continued. Luis Obisbo San Luis Obispo Clark, A. Robertson, Geo. W. Rafael Marin Corti, J. (sexton)
BLUE BOOK. CALIFORNIA-Contlnned. S.an Luis Obispo, San Luis Obispo CO. GM+ Clark, A. GM+ Robertson, Geo. W. San Rafael, Marin Co. GM+ Corti, J. (sexton)
15 F 19 J
K2 P.
Note. This party has never been actively engaged in the marble or granite line. His name we insert as a catch or detective. . Santa Ana Orange MZ Jessen, John, Banta Barbara Santa Barbara OM Frost, Samuel OM Moore, S. T. MB Squires & George Santa Ana, Orange Co. MW Jesse, John, Santa, Barbara, Santa Barbara Co. GM+ Frost, Samuel GM+ Moore, S. T. MS Squires & George
Note. Heil & Talbott started in business at this point before June 1, 1895. 18 F 18 F
N4 N4
Note. W. L. Record had started in 1895. Santa Cruz Santa Cruz MZ Belledeau, J. H. OM Thurber & Britt J 11 E
at this point before June 1, Santa Cruz, Santa Cruz Co. MS Belledeau, J. H. GM-J: Thurber & Britt 4 E 2
Note. J. H. Belledeau was a clerical error in spelling, and should read J. H. Bllledau. I. L. Thurber succeeded Thurber & Britt, and Henry A. Clark and William J. Harrington started new at this point before June 1, 1895. Santa Rosa Sonoma OM Fisher & Kinslow (See Healdsburg) Sonora Tuolumne OM McCready, H. C.. 13 E Santa Rosa, Sonom.a Co. GM+ Fisher & Kinslow (See Healdsburg) Sonora. Tuolumne Co. GM-'- McCready, H. C.
H4
Note. This party dIscontinued business befo·re June 1, 1895. Stockton San Joaquln OM Brennan & Walsh 18 F OM Dickson, WoodhUll & Cramer 15 F OM Johnson & Spellman 18 F OM Stockton Marble Works. (See DlC!<sOIl, Woodhull & Cramer.) Tulare Tulare OM Bole. J. R. 20 K OM Lazenby, J. Ukiah Mendocino OM Fisher & Kinslow (See Santa Rosa) Vallejo Solano MZ Doyle, Thomas M. 17 F MZ Gottschalk, Charles OM Plymlre, James A. & Sons 17 J MG Vallejo Marble & Granite Works (See Jas. A. Plymlre & Sons) Stockton, San Joaquin Co. GM+ Brennan & Walsh N3 GM+ Dickson, Woodhlll & Cramer K2 GM+ Johnson & Spellman N2 GM+ Stockton Marble Works. See Dlckson, Woodhull & Cramer,) Tulare, Tulare Co. GM+ Bole, J. R. 5 GM+ J. Ukiah, Mendocino Co. GM+ Fisher & Kinslow (See Santa Rosa) Vallejo, Solona Co. MW Doyle, Thomas M. L 2 MW Gootschalk, Charles GM+ Plymlre, James A. & Sons L 3 MG Vallejo Marble & Granite Works (See Jas. A. Plymlre & Sons)
Note. J. Lazenby dIscontinued business before June 1, 1895.
Note. Before June 1, 1895, James A. Plymlre & Sons discontinued business, one of the sons (F. A.) succeedIng Bentley & Brown at Redding. Visalia Tulare OM Johnson, Robert J. Wlntprs Yolo OM Bartholet, B. Woodlands Yolo OM Hebener Marble & Granite Co. OM Mltcbell, James R. Visalia, Tulare Co. GM+ Johnson, Robert J. Winters. Yolo GM+ Bartholet, B. Woodlands, Yolo, Co. GM+ Hebener Marble & Granite Co. GM-J- Mitchell, James R.
19 J 18 F
P 4 N 3
.E. F. Hebener succeeded the Hebener Marble & Granite Co. Oct. 1, 1894 (see Exhibit }j'). W. C. Rogers started new at this point before June 1, 1895. Yerka Siskiyou OM Hovey, William A. OM Russell, J. B. 18 J Yerka, Siskiyou Co. GM+ Hovey, William A. GM+ Russell. J. B. N
Note. William A. Hovey discontInued business before June 1, 1895.
LADD 'V. OXNARD.
715
To this point the book of Credit for 1894, and the BIue Book published in November, 1895, have been copied verbatim. From thm point items will be taken at random from each of the books mentioned. CREDIT RATINGS COLORADO. Denver Arapahoe OM Farrington & Co. (W. R. Farrington alone) 1533 Tremont st. 16 F
BLUE BOOK. COLORADO. Denver, Arallahoe Co. GM+ Farrington 8< Co. (W. R. Farrington alone) 1533 Tremont St. ,
Note. W. R. Farrington was out of business before November, 1895, and had been appointed chief detective for the city of Denver previous to Dec. 12, 1895. (See Exhibit G.) Fort Collins Larimer oM Starlin, A. J. Fort Collins, Larimer Co. GM+ Starlin, A. J.
Note. A. J. Starlin discontinued business here before March 13, 1893. (See Exhibit H.) Greeley Weld oM Ritner, W. C. . (see North Platte, Neb.)
Note. This party establlshed a. branch. office here previous to March 28, 1895. (See Exhibit I.) Leadville Lake BM Irwin. Jeremiah, LeadVille, Lake Co. SM IrWin, Jeremiah
J.)
Note. W. L. Malpuss started at this point on March 28, 1894. (See Exhibit CONNECTICUT. Ansonia, New Haven Co. G+ Seccombe Bros. B Wooster, C. B.
CONNECTICUT. Ansonia New Haven °G Secombe Bros. B Wooster, C. B.
19 J 15 F
P 3 K II
Note. B is used as the trade classification In both books, signifying In Credit Ratings, stone, and in the Blue Book, building. Davy & Cole had started In business at this point previous to June 1, 1895, and their names appear in the 1895 edition of Credit Ratings. (See Exhibit K.) Bridgeport Fairfield OM Carling 8< Stevenson Fairfield ave. Bridgeport. Fairfield Co. GM+ Carling 8< Stevenson Fairfield Ave.
Note. The name of tbls firm was Inserted In 1894 Credit Ratings through a clerical error, they having been succeeded by Stevenson & Christie. OM Sexton, James Sr. Stratford ave. GM Sexton, James Sr. Stratford Ave.
Note. Michael H. Sexton succeeded his father, James Sexton, Sr., June 6, 1894. (See Exhibit L.) Hartford Hartford OM Adams Granite 8< Marble Works 1 Ford st.
J
Hartford, Hartford Co. GM+ Adams Granite 8< Marble Works 1 Ford St.
Note. Franklin R. Slocum succeeded the Adams Granite & Marble Works before Oct. 22, 1894. (See Exhibit M.) GM Keeley Bros. 93 Charter Oak st 18 F GM Kelley Bros. 93 Charter Oak St. N 4
Note. Karl J. Belj succeeded this concern May 1, 1893. Through clerical errors the address given as 93 Charter Oak street should read 93 Charter Oak avenue. (See Exhibit N.) Stamford Fairfield OM Scofield & Sawdey J Stamford, Fairfield Co. GM+ Scofield & Sawdey 6
Note. 'I'his concern was sold out by sheriff previous to Aug. 1, 1894. (See Exhibit 0.)
716
CREDIT RATINGS. CONNECTICUT-Continned. Sterling Windham B Boswell. J. W.
BLUE BOOK. CONNECTICUT-Continued.
Note. J. W. Boswell started in business before June 1, 1895. (See Exhibit P.) . WestvlIle New Haven (Atty. New Haven 3 miles) oM Rob'ertson. F. B. 16 F WestvlIle, New Haven Co. (Attorney New Haven 3 miles) GM-/- Robertson. T. B. K 2
Note. Through clerical error the clause (see New Haven) was omitted in the 1894 Credit Ratings. (See Exhibit Q.) DISTRICT OF COLUMBIA Washington Washington DISTRICT OF COLUMBIA Washington. Washington Co.
Note. The books are identical, but the following changes had taken place before June 1, 1895: Elihu Bradley, the Humelstown Brown Stone Co.. George Richardson, and G. S. Walker had discontinued. 'Vatson Bros. had removed to 1107 Q street N. W. The Washington Marble Co., through a clerIcal error, was inserted In the 1894 Credit Ratings as Washington Granite Co. Timothy J. Callaghan had removed to 1230 25th street N. W. John Herbert Corning, John Howlings, Claude M. Manning, and Harry E. Rupprecht had started new. On the latter, see Exhibit S. Casper F. Geir had commenced new (see Exhibit R). Richard Rothwell, Jr. & Bro. had changed the style to Rothwell & Bro. J. H. Shelton, through clerical error, was . quoted as located at 1513 E street, while his correct address is 1517 E street. FLORIDA. Jacksonville Duval OM Clark, (fflorge. W. 16 F FLORIDA. Jacksonville. Duval Co. GM-/- Clark. George W.
Note. George W. Clark had transferred his business to the George W. Clark Co. (See Exhibit T.) Pensacola Escambla oM Davis. B. A.
Pensacola. Escambla Co. GM-/- Davis, B. A.
P4
Note. Wills & Broughton started new at this point previous to March 30, 1895. (See Exhibit U.) Tallahassee Leon OM Knowlton, W. A. J
Tallahassee. Leon Co. GM-/- Knowlton. W. A.
Note. This name appeared In the 1894 Credit Ratings through a clerical error. The party's name should appear W. A. Nowlin. (See Exhibit X.) GEORGIA. Thomasville Thomas OM Begger & Thurman 19 J
GEORGIA. Thomasville. Thomas Co. GM-/- Begger & Thurman
Note. Through clerical error the name Begger appeared in the 1894 edition of Credit Ratings, and should read Bigger. (See Exhibit W.) INDIANA. Salem Washington OM Linscott. W. M. 18 J MZ Naugle. John, 19 J OM Neal, John B., 14 F BZ Salem Bedford Stone Co. (see Louisville, Ky.)
INDIANA. Salem, Washington Co. GM-/- Linscott. W. M. N 4 MW Naugle, John, P 4 GM-/- Neal, John B., J 2 SW Salem Bedford Stone Co. (see Louisville. Ky.)
Note. W. M. Linscott had been entirely out of the marble business for five years previous to July 7, 1895, on which date Naugle & Jackson had sue· ceeded John Naugle. John B. Neal is engaged in the harness business, not In the monumental, and his name appeared in the 1894 Credit Ratingll through error. (See Exhibit No. 1.) IOWA. Decorah Wlnneshlek OM Arenson & Hokaasen IOWA. Decorah, Wlnneshlek Co. GM-/- Arenson & Hokaasen
Note. In the 1894 Credit Ratings two clerical errors appeared In this firm name, which should read Arneson & Kokaasen. (See Exhibit No.2.)
717 BLUE BOOK. lOW A-Continued.
CREDIT RATINGS. lOW A-Continued.
Dyersville Dubuque OM McHogan. William,
16 E
DyersvlIle, Dubuque Co. GM+ McHogan, William
Note. By error in Credit Ratings; It should have read Exhibit No.3.) Same error in Blue Book. Des Moines Polk OM Des Moines (The) Marble & Mantle Co. 701 Locust st. . E (Cap paid In $33m)
(See
Des Moines, Polk (Co.) GM+ Des Moines (The) Marble & Mantle Co. 701 Locust St. (Cap. paid In $33m)
Note, Through clerical error the word Mantel was misspelled in our Credit Ratings for 1894, and the Blue contains the same error. Missouri Valley Harrison OM Starling & Bullard 19 K Missouri Valley, Harrison Co. GM+ Starling &; Bullard Ii
Note. Through clerical error this name appeared misspelled in the 1895 Credit Ratings, and the Blue Book contains the same misspelling. (See Exhibit No.4.) Olweln Fayette OM Fayebrother, M. E. Olweln. Fayette Co. GM+ Fayebrother. M. E.
Note. Two clerical errors appeared in this name in the 1894 Credit Ratings, and same errors appear in the Blue Book. (See Exhibit No. 10.) KANSAS. Salina Salina OM Johnson, James 17 F KANSAS. Salina, Salina Co. GM+ Johnson, James L 3
Note. Through clerical error this name appeared misspelled in the 1894 Credit Ratings, and the same error appears in the Blue Book. (See Exhibit No.5.) KENTUCKY Augusta Bracken OM Hume. Albert W., KENTUCKY. Augusta, Bracken Co. GM+ Hume, Albert W.
Note. Through clerical error this name appeared misspelled in the 1894 Credit Ratings, aI\d the same error appears in the Blue Book. (See· Exhibit No.6.) , MAINE. Knox Waldo . BQ Booth Bros. & Hurricane Isle Granite Co. (Inc.) (See New York. N. Y.) MAINE. Knox, Waldo CO. Stl Booth Bros. & Hurricane Isle Granite Co. (Inc.) (See New York, N. Y.)
Note. Through clerical error this concern was reported in the 1894 Credit Ratings as BQ, which should read GQ, and the Blue Book contains the same error. MARYLAND.
Baltimore.-Note. Wilkinson & Neville. Complainants neglected to insert (street) after Moser, and respondents copy the error. MASSACHUSETTS. Chelsea.-Note. A. G. Whitcomb, 28 4th street, was inserted through clerical error, and they copy. (See Exhibit No.7.) Lawrence.-Note: Thomas Lahey was, through error, inserted as engaged alone, and should have read Lahey & O'Donnell. (See Exhibit No.8.) Quincy.-Note. Respondents insert street addresses only in such instances as they appeared in complainants' 1894 Credit Ratings. MICHIGAN. Exhibit No.9.)
Bay City.-N ote. Beard & De Merrell should read Beard & De MerelL (See
· 718 75 FEDER,\L REPORTER.
MINNESOTA. Stillwater.-Note. Through typographical error P. M. Peterson (see St. Paul) appeared in complainants' 1894 book, and should read P. N. Peterson. (See Exhibit No. 11.) Wabasha.-Note. Frank Shenach was misspelled, through error, and should spell Shenack. Winona.-N ote. Joseph Thrum should read Joseph Thrun, and respondents copy the error. MISSOURI. Kansas Oity.-Note. Respondents olassify Bandera Flagstone Co. as BQ, neglecting to change the B. to S. NEBRASKA. York.-Note. J. N. Kildaw should read J. N. Kildow. NEW HAMPSHIRE. Ooncord.-Note. The revision streets and numbers did not reach complain. ants in season for insertion in the 1894 edition of Credit Ratings. Only two names appear provided with street addresses, and the Blue Book compares exact. John J. Tressider & Son were given as GQ In Credit Ratings, through errOf', they not operating a quarry, and respondents copy. Enjleld.-Note. Buckley & McCormick sold out to the Enfield Pink Granite Co. before Jan. I, 1895. Wells & Flanders. Complainants use a catch name for the purpose of proving Infringements in case attempts are made. The concern mentioned operate a saw mill and deal in lumber. NEW JERSEY. Newark.-Note. Louis Kengott should read Louis Kenngott. (See Exhibit No. 12.) Trenton.-Note. George R. Dobbs, through olerical error, was inserted as located at 863 Center street in the 1894 Credit Ratings; his correct address beIng 824 Center street. (See Exhibit No. 13.) NEW YORK. Lansingburg.-Note. Under this heading the name of John McQuide (see Troy) should appear, and through the error of complainants' printer It was transposed In the make-up of the 1894 Credit Ratings, and appears under Troy, with address as Lanslngburg, and respondents' book corresponds exact. Long Island City, Blissville.-Note. Respondents' book compares exact as to trade classifications and the use of the credit character I" after the name of Roach & O'Donnell. L. with respondents, signifies ''$1,500 to $2,500," and with complaInants it signifies "C. O. D." New York Oity.-Note. Respondents reproduce D after Booth Bros. & Hurricane Granite Co., 60 Bank St. (Inc.), cap. paid In $250m. D with complainants signifies "very good" D with respondents signifies $75,000 to $100,000, which does not compare with the concern's capital paid in. OHIO. Hanovertown.-Note. This insertion was an error and should have read Hanoverton in Credit Ratings, and the same error appears In the Blue Book. TENNESSEE. Humboldt.-Note. A. W. Stehr should read A. H. Stehr. VERMONT. Barre.-Note. Respondents' book will be found an exact oopy of the 1894 Credit Ratings. George Straitton was a clerical error, and should spell Stralton. (See Exhibit No. 14.) MontpeUer.-Note. Complainants' printer, in making up the 1894 Credit Ratings, wrongfully classified the Langdon Granite Co. and Lynch & McMahon under Charles H. More & Co. Respondents' Blue Book shows the same error.
719 (See Ex-
VIRGINIA. hibit No. 16.) Charlottsville.-Note. L. W. Bowman should read L. M. Bowman.
WISCONSIN. Houghton.-Note. Respondents copy BQ Prentice (The) Brown Stone Co. This, in the Blue Book classification, would signify building quarry. Watertown.-Note. Joseph Walter should read James Walter.
Ending with Wyoming, respondents follow complainants' classification in making up the Canadian provinces, which is not alphabetical, as in other publications, but a style original with, and peculiar to, complainants. DAVID M. LADD. Sworn to February 6, 1896. AI!'FlDAVITS FOR DEFENDANT. Affidavit of Edward P. Oxnard. [Filed February 4, 1896.] On this third day of February, A. D. 1896, before me personally appeared Edward P. Oxnard, Who, being by me duly sworn, deposes and says: That he is one of the respondents in the above-entitled action; that he has been for the past thirteen years engaged in business with too North American Mercantile Agency, having attorneys in most of the principal cities and towns of the United States and Canada; that in connection with said business he has come into contact with persons, firms, and corporations in various mercantile and manUfacturing lines, and has had communication with large numbers of attorneys, in different parts of the United States and Canada; that in connection with said work he also met large numbers of persons ellgaged in the marble and granite business throughout Massachusetts, New Hampshire, and Vermont; that about eighteen months ago be began the preparation of a book of reference entltled "The Blue Book of the Marble and Granite Exchange Mercantile Agency," and continued the same down to about the first of November, 1895, when the same was printed and issued; that in the preparation of said work he began with the states of Massachusetts, New Hampshire, and Vermont; that the sources of information used by him, as more fully set out below, were state and city directories which classify dealers under various heads showing the lines of business in which they are engaged, among others the marble and granite business; the reports of attorneys in several places; the books of the firm of Cook & Watkins of the city of Boston, large wholesale dealers in granite, stone, and marble, having dealings with persons and firms in various parts of the United States, upon whose books and correspondence the defendant and his son spent upwards of two weeks; and the assistance of said firm, and others In the same line of business, in correcting and adding to the sheets of his work which he submitted to them; and that, if any instances occur where errors and misprints appear in both complainants' and respondents' books, it is due to the fact that both have had access to the same directories, trade lists, and other sources of common information. 'fhe deponent further says that he has made a comparison between the work issued by him and the complainants' book on file in this court, and says that there is, and from necessity must be, a similarity in the names of the granite and marble dealers in each city and town, inasmuch as the same dealers are referred to by each; that there is a similarity in the fact that the states are arranged alphabetically in both books, as in all mercantile agency books and directories; that the books, however, upon comparison, vary materially, in the names given, and in the following other particulars: The respondents' book contains, after the name of each town and county, the name of an attorney, and the population of the town or city, and the name of the most prominent bank situated in the place, none of which are contained in complainants' book. Then follows a list of the
720
persons, firms, 'and corporations engaged In the granIte, stone, or marble' business in such town or city. 'l'hese, from necessity, must be sImllar in the two works, as in many places there is but a single person or firm in the place engaged in this industry, and in the majority of places only two, or three such firms, but, upon comparison of the two works, it will be seen that very many differences do occur; such, for instance, as the omission of towns from the complainants' book which are given in respondents', the omission of towns in respondents' book which are given in complainants', and the omission of the names of dealers in one which -occur in the other. Reference is hereby made to the tables at the end of this deposition showing differences, in one state, namely, Pennsylvania, taken at random in the book. Opposite each name are letters indicating the lines of work in which such persons or firms are engaged. Reference to the complainants' book shows that their list must have been prepared several years since, when firms were engaged only in a single line, that of marble, granite, stone, or monumental work. The respondents' book correctly shows that a majority of firms throughout the country are now engaged in two, and even three, of these lines. Opposite the name of each dealer appears in both works a rating. The key employed in one case is that of letters, and the other of figures, and the division into amounts represented by these letters and figures is somE'what different. In obtaining ratings the respondent has employed a variety of means. Through the attorneys in some of the states upon his list he has obtained ratings throughout the state, which were procured with the assistance of some leading marble or granite dealer in the principal city. In the state of Massachusetts, and mauy other states, he has received the assistance of a leading' mnrble and granite house in Boston. whieh employs five or six traveling salesmen, covering many of the Central, Western, and Southern states. This house had communication with dealers in many parts of the United States, and the respondent and his son, Frederick P. Oxnard, spent upwards of two weeks in 'going over the accounts of -dealers in many parts of the United States, and examining the promptness of their payment, and all of the ratings were submitted to this firm for verification and correction. The firm of granite dealers in Boston previously alluded to are members of the Manufacturers' & Wholesale Granite Dealers' Protective Association of New England, Which issues monthly a confidential list of dealers throughout the United States whose credit is in any way impaired, or whose payment makes them liable to suspicion; and deponent is informed and believes that those lists, for a period of upward of a year, were used in correcting and verifying the standing of dealers througheut the country. Deponent further says that he did not have or use any copy of complainants' said book in the preparation or compilation of his work. He further says that the lists of dealers throughout the country are not the subject of copyright, and have been printed in numerous town, city, and' state directories before the publication of complainants' book, and are common property for the purpose of making any compilation, and that he has made use of such works in preparing his book. 'Deponent further says that neither he nor any agent of his has ever offered his said book for sums varying from five to twenty-five dollars, but have leased the same for the uniform price of twenty-five dollars pel' year to persons subscribing therefor, and have offered to any person who had paid said subscription price an extra copy of the work, to be used by his travelers on the road, for an additional sum of from two to five dollars, according to the number of extra copies taken; but that, so far as he remembers, no second copy has been taken at said last-named prices. Deponent further says that he has never sold or offered for sale any copies of his said work, and that he is informed and believes that the complainants have never sold or offered for sale any of' his said books, but have uniformly leased Hie same to subscribers, according to the form, of leaSe which appears on the inside back cover of complainants' exhibit filed in this case, and that, at the expiration of each year, the book for that year il!! returned to. and taken up by complainants. EDWARD P. OXNARD. Sworn to February 4, 1800.
721 OXNARD.
LADD & HUNT.
ALLEGHENY, PA. Alston, A &: Co. very go04 50 to 75M not In B0Beggs, Alexander &: Son not rated °M_ Walker Marble Co. G M+ Walker Marble & Granite Co. SW 'Windsor, Henry . BZ- Wissner, Henry Harwick, Monroe B. 1 to $2000 Schmeyer, A. W. & Co. $500. ALLENTOWN, PA. Investigato Pay. Investig'lte Pay.
ALLENTOWN, PA. Altoona, Blair Altona. Blair Co. o M- Johnson W. W $500. GM+ Johnson W. W. Investigate pay. o M- Moffatt, Thomas E. & Co. $500 GM+ Moffatt, Thomas E. & Co. Investigate Pay. o M- Black, John H. Fair. GM+ Black, John H. Investigate Pay o MJ. A. GM+ Kausas. J. A. not in Bolivar Pa. not ir Haglock, John $600. BATH, PA. o M- Reinhar4 Dan'l J. (Agt) a to $5M G M+ Reinhard, Dan'l J. (AgQ Investigate Pa). o
M- Miller, J. 14. Not 1n
BEAKVILLE, PA. G M+ Mlllert J. M. BEAVER FALLS, PA. G M+ Ree4 A. E. $500. BERLINSVILLE, PA. G M+ Becker, James W. Investigate Pay. BERNVILLE, PA. G M+ Yeager, Henry & Co. 10 to $2OM Bangor Pa. Kerler R. E.
M- Yeager, Henry & Co. $500. Not in Not in
MZ- Hamsher, Henry F. o M- Hollenberg C. B. $500.
BOWERS' STATION, PA. MW Hansher, Henry F. BRADDOCK, PA. G M+ Hollenberg C. B. Investigate Pay GM Shanahan & Valentine. BROWNSVILLE, PA. not In CAMBRIDGEBORO, PA. Prompt Pay. G M+Sherman & Root $5 to 10M Canton, Pa. G M+ Rouan, J. W. Not In
Not in
MZ
Wright Thomas S.
Not In Not In
CARLISLE, PA.
CATASAUQUA, PA. G M+ Borger, William A. CHESTER, PA. Cudllpp, J. H. GM MW Raws]ey, Wallace. Cochkanton, Pa. DOWNINGTON, PA. G M+ McClintock, William 14. DU BOIS, PA. GM Krell, J. H.
Not in Ramsley, Wallace Cochranton, Pa.
DUNCANNON, PA. G M+ Dupfer & Flickinger Edinboro Pa. GM Weber, James.
v.75F.no.8-46
722
LADD & HUNT. ° M- Carey, George A. Not In Not in Not In Not in G QLightner Nathaniel $1000. not in
OXNARD. EASTON, PA. G M+ Casey, George A. & Co. Price, W. D. GM ERIE. PA. GM GM Jenks C. W. Germanton. P6. Smith S. D. No rating. Miller Mrs. W. H. $2500. HARRISBURG. PA. not in. Compton & Mettler.
GETTYSBURG, PA.
G Z- Empire Granite Co. not in ° M- Keiper, Philip 5 to $10M not In not in
HAZELTON. PA. G M+ Keiper, Philip. Investigate Pay M G" Thomas J. B. $2500. MG Thomas. WM. J.
JERSEY SHORE, PA. °M_ Feister. E. K. & Son. 8 to $5M no rating. not in LANCASTER, PA. McClure. Estate ot W. M. $10 to 20M (See Mrs. Christiana McClure. LATROBE. PA. M Cr.+ McColly. E. B & Co.
not in OM_ Daugherty J. not In
m.
LEBANON. PA. G M+ Dougherty Geo. Kleisir. Felix MG LITTLESTOWN. PA. Investho::ate pal' LOCK HAVEN, PA. M Cr.+ Peeling G. C. McKEESPORT. PA. MG Palmer O. M. not in not in MEADVILLE. PA. S Q McNeil Benjamin & Co. MIDDLETOWN. PA. not in MILLERTON, PA. MG McKibbin, Wm. T. G M+ Rainey Meeker
MZ- Nan. John H. §1000. not in ° M- Hollinsbury & Palmer ° M- Wright Thomas S. Mauch Chunk Pa. B Q- McNeil, Benjamin ° M- Coble. Henry U. not in · M- Rainey & Mesker not in
MONONGAHELA, PA. Alexander & Co. NEFF'S, PA. no rating. ° M- Schlosser, Frank 8 to $5000. BZ Sligh, A. H. not in · M- Hart, John C. $1000. not In · M- Noll M. M. (Mrs.) oStorb Theodore M. NEW ALEXANDRIA. PA. SW Slight, A. H. NEW BRIGHTON. PA. G M+ Garver, A. II. NEW CASTLE. PA. G M+ Hart. G M+ Hart. not NEW HOLLAND, PA. G M+ Storb John C. Investigate pa7 Wm. in Theodore M & Son..
723 OXNARD.
LADD & HUNT. M Z- Louch E. G.
NEW OXFORD. Lough E. G. MW pay.
NORRISTOWN, PA. · M- Smith George W. 5 to $10,000. G M+ Smith George W. · M- Jones, George E. $2 to $3000 · M- Arnalz & Burns
OXFORD, PA. G M+ Jones, George E. no rating. not In G M+ Ashmore James G M+ Ashton, John S. & Co. W S Atkinson & Myhlertz (DIssolved)
PHILADELPHIA, PA. · M- Ashmore, James J. · M- Ashton John S. M B- AtkInson & Myhlertz · MGM· MWM· MM Z· MGM· M· M· M· M· M· M-
PHILADELAHIA, PA. Burke, Catherine G M+ Burke, Catherine & Co· Connor, Jam68 not In not In Gallagher & Feusht Freedly J. K. & Sonl X M Freedly Wm. G. · o M+ Oessler, John M. (estate) Gessler. John M. Graham Walter not In not In Kornbau, DanIel Miller, Christian not In not In Mount Waldo GranIte Workl not In O'BrIen J. J. & Co. G M+ Pierce, John S & Co. PIerce, John S. not In Schmucker, Lewis G. Moderate pay. CapItal not stated Schroeder, Chas. F. 5 to $10,000 not In Ulery Conrad not in Waterhouse, W. GM not in GM+ Whitaker, John W. · M- Yeager, John M. GM+ Weager, John M. GYoung, Thomas $20,000. Young, Thomas $5,000. o · 1.£- Cooper, J. A. $1000
PHILLIPSBURGH, PA. G 1.£+ Cooper, J. A. no capItal. PITTSBURGH, PA. 1.£ G+ Itzel & Co. SQ Park & Park no ratlng PITTSTON, PA. Barber, S. J. POTTSTOWN, PA. G M+ Strob Horace
not In B Q- Park & Park 50 to $75,000 not in · M- ReIfsnyder & Storb · M- LaubensteIn LevI $3 to 5000
POTTSVILLE, PA. G M+ Laubenstein, Levi Investigate Pay (No capital) READING, PA. G M+ Bressler F. F. Investigate Pay · M- Bressler F. F. $2 to 3000 FaIr. W1d- Getz's, H. S., Sons 150 to $200,000. not rated. High. REYNOLDSVILLE, PA. not in Seeley & Alexan!1er. not In ScIota Pa. not In · M- Daugherty Mary A. not in · M- Forbes, J. N. · M- Spragg, Mza not In not In Nothing. SALTSBURGH, PA. G M+ Bebk, R. J. Scotla Pa. STRAUSSTOWN. PA. GM Miller, L. L. or S. R. not In UNION CITY. PA. Ezra Cooper WAYNESBORO, PA. G M+ Forbes, J. N. $2500. WAYNESBURG, PA. G M-,- Spragg Eliza West Pittston, Pa. MG Barber, S. J.
724
LADD & HUNT. not In
OXNARD. WILKES BARRE, PA. G M+ O'Neil. P. S.
WORTHINGTON, PA. no rating. · M- Gaiser, G. J. & Co. 3 to $5000. YORK, PA. G M+ Doyle David B. Investigate pay, (No · M- Doyle, David B. 3 to $5000. capital) MG Laucks G. W. no ratln/;. M G- Laucks, G. W 5 to $10.000 not in. · M- Miller Henry H.
Affidavit of Reed O. Oxnard. [Filed February 8, 1SU6.] United States of America, District of Massachusetts. On this seventh day of February, 1896, personally appeared before mfl Reed O. <hnard, and, being by me first duly sworn, deposes and says, that he Is a resident of Medford, In this dIstrict, and a son of respondent Edward P. Oxnard; that at the request of said respondent he made a comparison of the lists of stone dealers in Massachusetts, as given in the respondents' book complained of and the complainants' book deposited in the clerk's oflice of this court, and he annexes hereto the said comparison in his handwriting, made In parallel columns, showing the wide differences between the two books; that he has further made a comparison between complainants' book and respondents' book as to the states of Wisconsin, Virginia, and West Virginia, and tinds very substantial differences, being quite as great as those in the list annexed to his affidavit and to that of the said Edward P. Oxnard, but he has not had the time and opportunity to make the same written statement in parallel columns to annex hereto; that his attention has been called to the statement in the afiidavits heretofore filed in this case on behalf of the complainants, to the effect that at least eight thousand changes occur between various editions of the complainants' work; and in view of their allegation that the complainants' and respondents' bOoks are identical, he has made a count of the dealers contained in respondents' book, and finds the total number of persons, firms, and corporations reported there as dealing in the various kinds of stone as 7,676; that he has not had an appal'· tunity to make an accurate count of the names contained in complainants' book, but has made a careful estimate thereof, and in his belief said book does not contain over eight thousand names. Deponent further says that he has seen and examined the United States Directory of the Marble, Granite and Stone Dealers and Workers, published by J. S. Clark & Company, of Louisville, Ky., which is referred to in the affidavit of Seward W. Jones filed herewith, and he deposits herewith a copy of said book, identified by his initials, for reference In this case. The deponent further says, with reference to the complainants' statements in their affidavits that their arrangement of the British provinces is peculiar to their book, that the said arrangement in complainants' book is sUbstantially identical with that in said Clark's Directory heretofore referred to. REED O. OXNARD. Sworn to. MASSACHUSETTS. LADD & HUNT. OXNARD. Annlsquam Mass. Ashley Falls Bay View Mass BOSTON, MASS. GQ- Blue Hill Granite Co GQ- Braintree Granite Co
not In not In not In GQ M
MB+
(Inc) No.7 Exchange Place. Butler, Phillip H & Co Good 5 to $10M Cambridge Slone Co
not in Bralnlree Granite Co. (lnc) No. 28 Slate St. Butler. Phlllip H & Co Investigate not In Pay.
725 OXNARD.
BOSTON. MASS.-Continned. G M+ Cantil. E &; Son · M- Camtll E & Son SW Joseph Carew Freestone & Marble BZ- Carew Freestone Co S Cleveland (The) Stone Co. Cleveland (The) Stone Co B No. 31 Sleeper St. No. 166 Devonshire St. Cook & Watkins No. 122 Boylston St. W G- Cook & Watkins No. 120 Boylston St XG (See Barre Vt.) (See Barre Vt. & Quincy M"ss) Cuddihy, John J. s- Cuddihy John J. S 1'0.562 AibanySl. !I·o. 166 Dwrmshire SI. '" 17 Otis SL. Donahoe, M. J. Donohoe. M. J. GGM- Bvans. R. A. & Sons 3 to $5000 no capital Investigate Pay ·M- Grasser. Paul GM+ Grasser, Paul No. 1045 Tremonl Ao. 88 Burnell St. G Q- Jones, S. O. GQ Jones S. 0, Meridian St. bridge No. 479 Meridian St. E. B. GB- Joyce, John not In King, George O. G. King, George O. GNo. 18 Swett St. Woolson St. Libby, Albert A. & Co HG Libby, Albert A. & Co. BG No. 116 Swett St. Pavers, No. 28 School St. · M- Magner, David $2 to 3000 no rating. Meany, Edward F. & Co BZ Meany, Edward F. & Co 8 no fating 75 to $100m GM·- Mnlrey, '1'. D, no rating · M Mulrey, T. D, 50 to $75M · M- Mulrey, Patrick (estate) GM+ Mulrey, Patrick (estate) 1208 Harrison Ave. No. 84 Vernon St. n ll- New Brunswick Freestone Co. New Brunswick Freestone Co. SW NO.4 Pemberton. flq (Inc) No. 27 Pembedon Rqr. tInc) · M Z-Roblnson, George H. MW Robinson, George H. No. 86 Cambridge St. No, 06 Cam bndge St. CJw.rle8ttm. W G- Rockport Granite Co. Rockport Granite Co XG No, 27 Kilby 8t. No. 31 State st. B Z- Stillwell & Schaefner not In Sul1lvan Wm J. B Z- SuJllvan Wm J. SW No. 59 Swett St. No. 123 Swett St. · M- Tempest J. P. GM+ Tempest J. P. No. 146 Bowdoin St. No. 1291 Dorchester Ave. not In SW Valentine & Stillwell No. 47 Swett St G M- Walker. Avard L & Co GM Walker, Avard L. & Co No. 149 Portland Forest Hills. not In Brighton Mass not In not In EAST BRAINTREE. Kelloway, Henry not In W M Breakorth, Parsons M Q+ Jenks. A. B.
CAMBRIDGE, MASS. M Go- McDonald Alexander & Son 50 to $75,000 not rated · M- McNamee. John & Sons 2 to $3000 no rating CAMBRIDGEPORT. MASS. G Z- Doherty, Hugh 2 to §3,OOO no ratlnll MG Horgan. John J. 45 Main BI MG Horgan, John J. 53 Main st. EAST CAMBRIDGE, MASS. Conn. Steam Stone Co. (Freestone) No. 64 First St. Harrington John &: Son · III GM+ Harrington John & Son Gore's Wharf, 3d St. Ayers Wharf, No. 320 3d St. G Z- Sweatt Gould & Parker GW Sweatt & Gould not In CANTON, MASS.
BZ
Lawrence, John 2 to $3,000 Cataumet Mass
no rating not In
CHELSEA. MASS. no rating G Q- Davis, D. C & Son 3 to $5000 good not In · 111- Rogers D. A. 180 High st. East Lee Mass East Long Meadow Mass East Mansfield Mass CLINTON, MASS. MG Gibson Geo. S. not In not In not In not in
726
LADD & HUNT. not In M Z- Whitcomb A. G. B Q- Beattie, Wllliam 50 to 75M · M- Durkin & 00 $1000. not In not In not In Granltevllle Mars not In ESSEX. GM
OXNARD. Stover & Co not In FALL RIVER, MASS. not rated G M+ Durkin, P. J. no raltntl MG Fish, F, S. GM Lawson F. M GARDNER, MASS. Keenan & Gerry MG not In
EVERETT, MASS.
GREAT B4RRINGTON, MASS. GM+ Lux M.
OM
Brown F
m
HOUSATONIC. MASS. not In HARWICH, MASS. not rated Weeks. Cummings & Co.
MG
not In not In not In not In not not not not In In In In
not In o
HOLYOKE, MASS. Delaney Bros First class pay $100,000 S to $300,000 S Mead, I. S Polvln & Shearer S McComm Walter HYANNIS, MASS. GM Nickerson, Thos. W. Hyde Park Mass MG King, Geo. 0 Hyde Park Marble and Granite Works LAWRENCE, MASS. Bostre & Co LEE, MASS. not rated not In LOWELL, MASS. GW Anderson John GW Dillingham Fred G M-I- Gumb Bros LYNN, MASS. SW
M- Gross Bros 100 to $150,000 Long Meadow Mass not In not In not In
B Z- Blethen, Curry & Co. not In not In
GW GW
Blenthen, Curry & Co B1enton S. P. Sampson John
MALDEN, MASS. o M- Malden Marble & Graulte Works not In o M- Scott & Hlldebrand not In MILFORD, MASS. GM Fair C. L. not In not In not In oM Crowley D. J. EAST MILTON. MASS. G+ Sulllvan, John E. NEW BEDFORD, MASS. GM Dawson. Amol NORTH ADAMS. MASS. G M+ Crowley, D. J. Sold out PITTSFIELD, MASS. M G- Andrus, 1<. O. not In
727 OXNARD.
PLYMOUTH. MASS. Clark, Robert not In QUINCY, MASS. Adrian H. W. GW GW Abram, James, W. not In
not In not In G Q- Carr, E. F. & Co.
SO. QUINCY, MASS. GZ. Burke & 0 Keefe not In GW Cook M. E. & Co. 10 to $20,000 GZ- Cook M. E & Co 2 to $3,000 Cook & Watkins (see Boston) not in not In GZ- Lilllcrap Bros GO- McDonnell Bros 10 to $20,000 no rating McDonnell & Kelley 3 to $5000 not rated °G GZ- Norfolk Granite Co. (see 'Burke & O'Keefe) not In Restelli & Kelley not in Gnot In GZ- Turner R. E. WEST QUrNCY, MASS. not rated Ayers. A. W. & Son 50 to $75M °0 no capital OZ- FUller, F. Wesley 3 to $5M GZ HeusB. John Moderate Pay 5 to $10,000 o G- Hevahan, James & Son G+ Hevehan. James & Son 0G- Monahan & Breen not in not in GZ- QUinn, Robert, K not in Royalston Mass · not In Royalston Granite Co (see Edward D. Reed) not In not In not In not In ROCKPORT, MASS. Rockport Granite Co GQ $200M) GQ Wait, T. N & Son (cap. paid In
SALEM, MASS. O'Rouke Bros. G G M+ North Bridge Granite Woru No. 73 North St cor Bridge SPRINGFIELD, MARS. SW James, William (Estate) not in SQ Marra, John TAUNTON, MASS. G M+ Jackson, Wm. H. MrL
B Z- James, William BQ Lawler, Edward Anot in · M- Jackson, Wm. H. · M
WARE, MASS. Kinney & Oodfrey (See Northampton) G M+ Godfrey, W. F. not In WESTFIELD, MASS. MG Westfield M. & G. Co. WEST STOCKBRIDGE, MASS. not WOBURN, MASS. not In MG Hern, John J. WORCESTER, MASS. Adamson JohnsoD G II{ Davis Bros not In AUBtin O'Toole Gil{ + Nugent, John B'. G II{ Wilson Martin
728
Among other proofs filed by defendant was an affidavit by one Seward W. Jones to the effect that one of the complainants had called upon him to solicit a subscription to their book, and that, in the ensuing conversation, said complainant had stated that the book of complainants wa,s compiled from a directory of marble and granite dealers in the United States, published by J. S. Olark & 00., of Louisville, Ky., which book defendants made part of their evidence. This statement was denied by an affidavit in reply, and, in order further to show that complainants' book was not compiled from Olark & Oo.'s directory, as well as to show that defendant's book was taken from that of complainants, complainants' attorney in his brief, exhibited the following table of comparisons between the three compilationa-: CLARK'S DIRECTORY. CREDIT RATINGS 1894. ALABAMA. Birmingham Jefferson. Alabama Marble &; Stone Co. (cap. Paid In $12,300) Birmingham Marble Works. (see Thos. H. Holt\ Holt, Thos. H. Calera, Shelby Evans, Samuel J., Decatur Morgan Hummel, J. Stewart, W. P. Opelika Lee Kinney, Geo. Selma Dallas Montgomery, J. N. &: Son. Talladega Talladega Taylor, Lafayette, ARIZONA. Flagtaff Yavapai Arizona Sandstone Co. (see Los Angeles. Cat) English &; Padgham Phrenlx Maricopa Bliss & Llgler Cohlse Marble &; Onn Co. Gregory, J. M. Phrenlx Marble &; Stone Co. (cap. $5010) Prescott Yavapai Malr, Jacob, Tombstone Cochise Ritter &; Taylor INDIANA. Salem Washington Linscott, W. M. Naugle. John, IOWA. Missouri Valley Harrison John A. Starlin. Missourl Valley. James Johnston, Salina, Starling &;
BLUE BOOK. Birmingham, Jefferson Co. Alabama Marble Stone &; Co. (Cap. paid In $12,300) Birmingham Marble Works. (see Thos. H. Holt) Holt, Thos. Ii. . Calera, Shelby Co. Evans, Samuel J. Decatur. Morgan Co. Hummel, J. Stewart, W. P. Opelika, Lee Co. Kinney, Geo. Selma, Dallas 00. Montgomery, J. N. & Son. Talladega, Talladega Co. Taylor, Lafayette, Flagstaff, Yavapai Co. Arizona Sandstone Co. (see Los Angeles, Cal.) English &; Padgham. Phrenlx, Maricopa Co. Bliss &; Llgler. Cohlse Marble & Onyx Co. Gregory, J. M. Phoonlx Marble & Stone Co. (cap. $50m) Prescott, Yavapai Co. Malr, Jacob, Tombstone, Cochise Co. Ritter & Taylor. Salem, Washington Co. Linscott, W. M. Naugle, John, Mlssoul'!. Valley, Harmon Co. Starling & Bullard Salina, Salina Co. Johnson, James. Stillwater, Washington 00. Peterson, P. M. (see St. PaUl) Winona, Winona Co. Thrum, Joseph,
H. H. Blakely, Birmingham. T. H. Holt.
.
S. J. Evans, Calera. J. H'lmmel, Decatur, Geo. Kenney, Opelika, J. N. Montgomery, Selma, L. Taylor. Talladega,
NOTlll. No towns or name..
John Naugle, Salem. W. M. Linscott &; Co.
Bullard
KANSAS. Salina Salina Johnson, James, MINNESOTA. Stillwater Washington Peterson, P. M. (see St. Paul) Winona Winona Thrum, Joseph,
P. N. Peterson, Stillwater. Thurn &; Co., Winona,
LADD V. OXNARD. CLARK'S DIRECTORY. David &; Kildow, York, CREDIT RATINGS l8H. . NEBRASKA. York York Kildaw, J. N. NEW HAMPSHIRm. Enfield Grafton Buckley & McCormick Wells & Flanders OHIO. Hanovertown Columbiana Sam'l Jackson, Hanoverton, Jackson, Samuel, BLUE BOOK. York, York Co. Kildaw, .1. N. Enlleld. Grafton Co. Buckley & McCormick Wells & Flanders
729
G. F. Andrews, Enfield. D. L. Tilton, ..
Hanovertown, Columbiana Co. Jackson, Samuel.
The affidavit of Reed O. Oxnard (page 49 of the record) states that the arrangement in the Credit Ratings of the British provinces is substantially identical with that of said Clark's Directory. A comparison of the exhibits in this case show the following as the arrangement of four of the same in the three books: . CLARK'S DIRECTORY. British Columbia. Manitoba. New Foundland. Prince Edward Islanll. CREDIT RATINGS. Newfoundland. Prince Edward Island. Manitoba. British Columbia. BLUE BOOK. Newfoundland. Prince Edward Island. Manitoba. British Colnmbia.
Albert P. Worthen, for complainants. Elder, Wait & Whitman, for defendant. PUTNAM, Circuit Judge. The complainants have published annually for several years a book of credit ratings of the marble, of the United States and Canada. The granite, and stone volume on which this bill was brought is that of 1894, which the case shows was delivered to 179 subscribers, the complainants receiving therefor $5,.630. The stipulations between the complainants and subscribers on which the books were issued were that the book delivered to each subscriber was a loan, and was not sold; and that, if any copy was found in any other hands than those entitled to use it by permission of the complainants, the publishers might take possession of it, and thus all rights to its use by the subscriber would be annulled. The bill complains of infringement, and the present issue comes on an application for an interlocutory injunction. The respondent claims that on its face the bill is demurrable, and that, on this hearing, he is entitled to the advantage of all the questions whieh could be raised on demurrer. We are disposed to yield that proposition, because, certainly, the court will not grant an interlocutory injunction on the face of a bill which it sees clearly could not be sustained on demurI'er. The respondent, however, makes but one proposition which can properly be called a "proposiFion of law." He claims that, by reason of the special restriction on the use of the book to which we have referred, there never has been a publication, and that, therefore, the rights of the complainants are at common law. and not under the statutes, so that this court has no jurisdiction of this suit, both parties being citizens of Massachusetts. It should be said in this connection that, while the nature of the use of the complainants' book was sought to be limited in the manner which we have explained, there was no limit placed by the complainants on the extent ,or number of persons to whom the book
730
might be distributed under the conditions which they had provided. Though adapted specially for persons engaged in the trades of which we have spoken, yet even these are indefinite in number, and there is no evidence that the circulation was intended to be limited to them. In any view, it might be difficult to sustain this proposition, because, as the statute now stands, an author is compelled to complete his title to his copyright before publication, so there is at least one point of time, although it may be a very minute one, when the author, who has entitled himself to a copyright, is also entitled to look to the statutes of the United States for protection, notwithstanding he has not published. Indeed, it may well be questioned whether the mere fact that one has not published, and the consequential fact that he has a remedy at common law, deprive him of a concurrent remedy under the statute in the event that he has complied with all its requirements for obtaining a federal copyright. However, we do not rest the case on this point, because we are satisfied that there has been a publication. The respondent cites on this point Scrut. Copyr. § 106, and relies on the well-known cases in each of which there was a private circulation of manuscripts, or of printed books, and yet it was held that the common-law right of the several authors was preserved. Scrutton on Copyright is far from precise on this topic, and it cannot be ascertained from what the author says that he intended to lay down a rule which meets the present case.· The instances where the private circulation of manuscripts and printed books has been held not to amount to publication are so essentially different from the case in hand that we need not delay to point out the distinctions. Neither party has referred us to any decision covering this proposition which we regard as of authority in this court. Coppinger on Copyright (3d Ed.) lays down rules at least partially, if not wholly, defining publication within the meaning of the copyright statutes, which we think are more accurate than the expressions cited by the respondent from Scrutton. On page 117, in distinguishing the effect of a private and gratuitous circulation among friends, he says: "The distinction is in the limit of the circulation. If limited to friends and acquaintances, it would not be a publication; but if general, and not so limited, it would be." Again, on page 119, he says: "To constitute publication, it is necessary that the work shall be exposed for sale or offered gratuitously to the general public, so that any person may have an opportunity of enjoying that for which the copyright is intended to be secured." It is to be noticed that in this last cita.tion the learned author expressly refrains from limiting the method of disposing of the publication to that of sale, and enumerates no elements necessary to constitute publication beyond those which exist in the case at bar. In Callaghan v. Myers, 128 U. S. 617, 646, 656,9 Sup. Ct. 177, it appeared that, under the statutes of the state, the reporter of decisions, who claimed the copyright in that case, was required to supply to the secretary of state a certain number of copies for purposes expressly provided by law. The supreme court held such delivery to constitute publication, under the copyright statutes, although it did not appear that any copies
731
had been distributed from the secretary's office. This case, at least, goes so far as to hold that the mere fact that the delivery of copies of a book was under special limitations would not prevent the delivery from constituting a publication, provided the delivery insured that the public, or an indefinite portion of it, should, without further action on the part of the author, have access to it. We know of no recognized practice under the copyright law which would enable the respondent to base upon it any general rule such as is claimed by him in this case. The determinations of various courts that, under some circumstances, the delivery of lectures, or the representation of plays, to such of the public as may attend, do not constitute publication, must be regarded as rather of an incidental character, arising undoubtedly to some extent from tenderness for authors, and not establishing any general rule. So far as concerns the interests of the public and the general policy of the copyright statutes, this case stands in all respects practically the same as though the complainants' publication had been sold by unrestricted titles; and there is no substantial reason why, if the complainants had not obtained copyrights, they should now be protected against infringers. The respondent raises three issues of fact: First, whether the case shows that the advance copies were seasonably deposited in the mail for the purposes of the copyright statute; second, whether the complainants' work was of an original character, and otherwise of such character as might be copyrighted; and, third, whether there was infringement. The first issue of fact involves a question not of substantial merit; and as it is beyond doubt that the complainants did forward advance copies so early that the respondent could not possibly be prejudiced by any alleged delay, the court ought not to require on this point any very direct urool. It is satisfied that the balance of probabilities, as shown by the evidence, is in favor of the complainants. On the second issue, the work of the complainants was, of course, mainly in the nature of compilation, which they claim to have effected partly by interviews with gentlemen in the trade, but more largely by correspondence with attorneys and gentlemen of the trade at various points throughout the United States and Canada. It is well settled that compilations of this character are protected by the copyright statutes, even when they involve only industry, and no such degree of originality as is expected from authors of repute. Indeed, the quality and grade of original work required by the courts under the copyright statutes are very moderate. This is explained in Callaghan v. Myers, already referred to, 128 U. S. 617, 659, 660, 9 Sup. Ct. 177; and other late decisions of an interesting character in the same direction are Lamb v. Evans [1893J 1 Ch. 218, which was a case of a mere trade directory with a classification of advertisements, and Leslie v. Young [1894J App. Cas. 335, which was a case of a pamphlet containing information concerning railroad train service in a particular locality. We are satisfied that, on this point, the complainants make out a clear case, so far as the evidence now stands.
732
As to the third issue, on the matter of infringement, we are also satisfied that the· complainants have made out a very striking and strong case on the proofs as they now stand, notwithstanding the sworn denial of the The evidence bearing on that proposition is very much of the character described by the supreme court in Callaghan v. Myers, ubi supra, at pages 660, 661, 662, 128 U. S., and page 177, 9 Sup. Ct., with some additional peculiarities affording inferences which are quite irresistible. We deem it proper, on these propositions of fact, not to state our views at length, because the same questions may come before us hereafter on final hearing, with additional proofs which may require a revision of our present findings. It is sufficient to say that, as the case now stands, on all these issues of fact, the proofs are quite as strong and convincing as are ordinarily required by the most careful judges in order to establish a right to an interlocutory injunction. Where so large a proportion of a copyrighted book is plagiarized as in the case at bar, no discussion is needed, in response to the proposition of the respondent that there was work done by him which was additional, as well as in the line of corrections. If any was necessary, it would be suffi-cient to refer again to Callaghan v. Myers, ubi supra, at pages 660, 661, 662, 128 U. S., and page 177, 9 Sup. Ct., and Leslie v. Young [1894] App. Cas. 335, 342, already cited. The facts thus relied on by the respondent, even if established, are too disproportionate to directly affect the case in any substantial matter, or to have weight as matter of evidence to affect it indirectly. A partial, if not a complete, definition of tbe instances in which a court of equity will interfere because the threatened injury by a wrongful act will be irreparable, found in Parker v. Woollen Co., 2 Black, 545, 551, covers cases "where the loss of health, tbe loss of trade, the destruction of the means of subsistence, or the ruin of the property must ensue." The reasons for equitable interference in patent, trade-mark, and copyright cases are brought within this definition by the words, "the loss of trade." This, for reasons easily un::lerstood, involves injuries which it is impossible to compute by any rule of the law, or any practical rule whatever, or even to ascertain. Unless there is this special ground for equitable relief by injunction, a bill for that purpose will not lie even in patent cases. Belknap v. Schild, 161 U. S. 10, 26, 16 Sup. Ct. 443. Wherever equity has jurisdiction to grant an injunction by final decree, it has, of course, jurisdiction to grant interlocutory injunctions, though there are additional conditions of a peculiar character under which injunctions of an interlocutory nature may be granted, even though final relief is not asked for. The real basis of interlocutory injunctions is the maintenance of the status quo, as was pointed out by Judge Goff, speaking for the circuit court of appeals for the Fourth circuit, in Buskirk v. King, 18 C. C. A. 418, 72 Fed. 22, 25. When the result is simply to preserve the status quo, it may well be said, as was stated in the case cited, that, on an application therefor, the complainant "is not required to make out such a case as will entitle him to a decree in his favor on final hearing, and it sometimes happens that he ultimately fails to secure the relief asked for, while, nevertheless,
733
the granting of the preliminary injunction was eminently proper." To the same effect is Jensen v. Norton (decided by the circuit court of appeals for the Ninth circuit) 12 C. C. A. 608, 64 Fed. 662, 664. The difficulty in applying this rule, however, to patent, trade-mark, and copyright cases is that, with them, interlocutory injunctions do not ordinarily preserve the status quo. On the other hand, as it might happen in the case at bar, they sometimes operate to suspend temporarily the entire establishment or business of the respondent, and sometimes to so break them up as to result in permanent destruction. Therefore, in cases of this character, it has not ordinarily been sufficient merely to bring a complainant within the rules stated by Judge Goff, but, in additiJn thereto, the court ordinarily looks, for support of the complainant's case, either in long acquiescence by the public, or in some prior adjudication, or in some other special matter. Philadelphia Trust, Safe-Deposit & Ins. Co. v. Edison Electric Light Co. (decided by the circuit court of appeals for the Third circuit) 13 C. C. A. 40, 65 Fed. 551, 553. When, however, the case is so dear and strong as presented here, the complainant is usually entitled to the help of the court pending litigation, and usually he obtains that assistance by the way of an injunction. But the law vests in no other individual holding an official position, whether executive, legislative, or judicial, a power more extensive, and more capable of evil, as well as of good, without defined rules either as to the law or the facts, than that which a single judge is so often asked to exercise in the manner asked in the case at bar. In view of this fact, and, further, in view of the 'Varying and inconsistent expressions in relation to the proper occasions for exercising this power, the only true safety is in saying that a temporary injunction ought never to be granted in a 'case of new impression like this at bar, if it be possible to effectuate justice in any other way. The fact that the act establishing the circuit courts of appeals has somewhat relieved the anxiety of the courts of the first instance, asked to grant interlocutory injunctions, by giving a summary appeal, does not change our duty in these particulars. The care which judges and courts should exercise in using this summary power was suggested in the concluding expressions of the supreme court in Barnard v. Gibson, 7 How. 650, 658, expressions revived by the circuit court of appeals for the First circuit in Marden v. Manufacturing Co., 15 C. C. A. 26, 67 Fed. 809, 813: This was further illustrated in this court in an opinion passed down February 2, 1895, in Machine Co. v. Abbott, in the following language: "The. injunction pendente lite will be allowed; but rule 22 of this court must be accepted as an indication that the judges in this circuit have agreed to support, in all respects, the policy of the seventh section of the act establishing the circuit court of appeals, so far as practicable to do so, and to avoid closing the business of any defendant in a bill in equity by an interbond may locutory injunction, whenever an appeal is taken and a be allowed, except in peculiar cases where justice clearly requires otherwise. But for this, a single judge, sitting in the circuit court, might, under some circumstances, do as much mischief as though no appeal had been prOVided for by the seventh section referred to."
The case fails to impress the court with the necessity of granting the complainants, for their protection, an unconditional interlocutory
734
order. The respondent is not charged with attempting in any way to pass off his publication for that of the complainants. Indeed, not only the title-page and the short name given the respondent's book, but also its size and style of binding, prevent any probability of one being mistaken for the other. There is, therefore, no threatened injury to come from a counterfeiting of that character; so that we can apply the fact, which is matter of common knowledge, that publications of this peculiar character rely for their acceptance on the reputation of the compilers and publishers, and the circulation of them must ordinarily be the same whether protected by copyright or not. The court must therefore presume that, while the respondent's publication might obtain some circulation for which he may be liable to account to the complainants in the way of profits, yet such circulation would probably be in addition to any which the complainants would secure, even if they maintained a monopoly, and, consequently, not of such character as to cause them a substantial loss of trade. Therefore, in view of the lack of positive evidence of any pending irreparable injury, and, further, in view that, with reference to any claim of threatened injury, the complainants rely on the presumptions ordinarily arising in cases of this character, which presumptions are quite overcome by the peculiar circumstances of the case, we think a conditional order will accomplish all the ends of justice and sufficiently protect the complainants. Ordered, there will be an interlocutory decree for an injunction as prayed for, unless respondent on or before the 23d day of April, 1896, files abond to the complainants, with sureties approved by the clerk, in the penal sum of $2,000, conditioned for the payment ot any sum, except costs, which may be finally decreed against the respondent in this court or on appeal.
McALEER et al. v. LEWIS et al. (Circuit Court, D. Washington, N. D. June 17, 1896.) 1. EQUITY PLEADING-PLEA IN BAR-REPLICATION. By filing a replication to a plea of res judicata, the comvlainants admit the sufliciency of the plea, and it is contrary to equity practice to permit that question to be raised at the final hearing. 2. RES JUDICATA. Where the parties are identical, the property in controversy the same, and the complainants claim it in the same right as in the prior suit, the prior adjudication is conclusive, not only as to all matters actually brought to the attention of the court, and considered, but also as to all matters which might have been presented and considered.
This was a suit in equity by Patrick McAleer, Susan McIntyre, Ellen McSorley, H. J. McSorley, Mary E. Golay, and Oathrine J. Harn against William H. Lewis, administrator with the will an· nexed of the estate of W. O. Hill, deceased, and Alice S. Hill, widow of said W. O. Hill. ' P. P. Carroll, for complainants. Roger' S. Greene, for defendants.