agreement. (11) That this agreement shall continue in full force and effect for the period of two years from date hereof, and shall apply only to said wholesale coal dealers and retail coal dealers carrying on business within the city and county of San Francisco. "IN WITNESS WHEREOF, the parties hereunto set their hands, the day and year first above written, said Coal Dealers' Association signing by its president and secretary, thereunto authorized by resolution of said association duly passed, and said wholesale coal dealers signing their respective names. 66 6 "" (Signed) COAL DEALERS' ASSN' OF CALIFORNIA, "By P. LYNCH, President. "By E. K. CARSON, Secretary. 66 6 CHARLES R. ALLEN. "By J. J. MCNAMARA. "Per J. HOMER FRITCH. "OREGON IMPROVEMENT Co., 666 JOHN L. HOWARD, Manager. "OREGON COAL & NAVIGATION CO., "By C. M. GOODALL, Vice-Pres. 66 6 "R. DUNSMUIR & SONS, "By C. H. JOUETT.' "Sec. 15. Agencies or Offices. (a) Any member having agencies or offices other than those located at his yard, for the sale of coal, shall be compelled to have a certificate of membership for each of said agencies or offices. (b) In the event of the failure of any member to secure a certificate of membership for each agency or office, as referred to in paragraph (a) of this section, within five days after a written notice shall have been sent him by the secretary, he shall immediately cause the same to be closed, or subject himself to a fine of not less that ten (10) dollars nor more than one hundred (100) dollars for each agency or office that is known to be operated by him or for his benefit. "SEC. 16. Sales to Nonmember Dealers or Agents. (a) No member of this association shall be permitted to sell dealers or agents, who are nonmembers, coal for less than consumers' prices.... F "INTERNATIONAL AGREEMENT" BETWEEN AMERICAN GUNPOWDER ASSOCIATION AND EUROPEAN COMPETITORS, 1897 Cited by Stevens, The Powder Trust, from a government exhibit in the suit of the U. S. v. E. I. du Pont de Nemours Powder Co. et al. 1. In regard to detonators the "European Factories "1 agreed to abstain from erecting works in the United States, and to abandon the project begun at Jamesburg. The expenses so far incurred in the construction of this plant were to be shouldered by the "American Factories" which also agreed to take of the "European Factories " five million detonators per year." 2. As to black powder both parties bound themselves to erect no factories, the Americans in Europe, the Europeans in the United States. Each, however, was free to ship into the territory of the other." 3. The arrangements in regard to smokeless sporting powder were the same as in regard to black powder.5 4. Smokeless military powder factories were not to be erected by the Americans in Europe or the Europeans in America. It was agreed that European factories upon receipt of an inquiry 1 These companies were Vereinigte Koln Rottweiler Pulver Fabriken of Cologne, and the Nobel-Dynamite Trust Company (Ltd.) of London. Du Pont de Nemours and Company, Laflin and Rand, Eastern Dynamite Miami Powder Co., American Powder Mills, Ætna and Austin Powder Cos., Cal. Powder Works, Giant Powder Co., Consolidated, Judson Dynamite & Powder Co. European Agreement, Gov't Exhibit No. 119, Pet. Rec. Exhibits, Vol. II, pp. 1124-1125. • Ibid., p. 1125. 'Ibid., p. 1125. from the Government of the United States in regard to explosives, should first ascertain the price quoted or fixed by the American factories and were then bound to neither quote nor sell below that figure. Reciprocally the American factories on receiving an inquiry from governments other than their own, should, in like manner, obtain the price the European factories were quoting or had fixed and were bound not to quote or sell below it.1 5. For the sale of high explosives the world was divided into four districts. All of the United States, its territories and possessions, present and future, Mexico, Guatemala, Honduras, Nicaragua, and Costa Rica, Colombia, and Venezuela were to be exclusively American territory. All other countries in South America and the islands of the Caribbean Sea, not Spanish possessions, were to be common territory and designated as syndicated territory." The Dominion of Canada and the Spanish possessions in the Caribbean were to be a free market unaffected by the terms of the agreement. The rest of the world was to be exclusively the territory of the European factories. 6. A chairman and vice-chairman were to be appointed by each party to the agreement. The chairmen or in their absence the vice-chairmen were to establish the rules for the accomplishment of the terms of the syndicate arrangement. (a) They were to agree, from time to time, upon a basis price for each market in syndicated territory, said basis to include the cost of manufacturing, freight, insurance, etc. (b) They were also to establish a selling price for each market to be regarded as a convention price below which no sales were to be effected. The difference between the selling and the basis prices was to be syndicate profit to be divided equally. 7. A common syndicate fund of $50,000 was to be established by a payment of $1.00 per case upon certain grades of explosives shipped into syndicated territory. When the sum of these assessments reached that figure the payments were to be reduced to 50 cents per case and from the fund thus established fines 1 Ibid., pp. 1125-1126. not recoverable from the parties were to be deducted. It was permitted that the chairman should utilize two-thirds of this common fund for the purpose of protecting the common interest against outside competition. 8. Chairmen were to adjudicate all breaches of the agreement. On failure to agree they were to appoint an umpire, who was to be a European or an American according as the complaint was brought by the American or European factories. 9. Fines: (a) for trading in the territory of the other, the penalty was the invoice value of the goods; (b) for cutting prices in syndicated territory, no limit was placed upon the amount of the fine; (c) for erecting a factory in the exclusive territory of the other, the penalty should not be less than $10,000. 10. The agreement was to go into effect on July 15, 1897, for a period of ten years. In the absence of six months' notice it was to continue thereafter from year to year. G DISTILLERS' AND CATTLE FEEDERS' TRUST AGREEMENT, DATED MAY 10, 1887 1. The trust herein created is to be vested in nine trustees. 2. W. M. Hobart, Geo. K. Duckworth, L. H. Green, P. J. Hennesy, Alfred Bevis, Joseph B. Greenhut, W. H. Corning, Adolph Woolner, and J. H. Francis were appointed trustees, to hold their office until May 1, 1888, or until their successors are elected. 3. The trustees shall prepare certificates showing the interests of each beneficiary in said trust, said certificates to be divided into shares of the par value of $100 each. 4. No certificates shall be issued except for stock as hereinafter provided, and the par value of the certificates issued shall represent, as nearly as possible, the actual cash value of the stock held by the trustees in trust. 5. Each subscriber to the trust agrees to assign absolutely to the trustees the number of shares of capital stock of the par ticular corporation or corporations indicated in article 6 of this agreement; in consideration of which said trustees do hereby agree to execute and deliver to each subscriber trust certificates as above specified for the number of shares, which certificates, at the par value thereof, shall represent the cash value of the stock so delivered. The value of the capital of any corporation, whose stock shall be assigned to said trustees, shall be first agreed upon between said trustees and the stockholders willing to transfer the same, and after it is agreed upon there shall be no discrimination in the purchase price as between other stockholders of same corporation transferring at same time. 6. This agreement shall take effect as soon as those holding a majority of stock in the following corporations, formed or to be formed, to wit, The Storrs Distilling Company, by the Mill Creek Distilling Company; the Maddux-Hobart Company, by Maddux, Hobart & Co.; the White Mills Distilling Company, by Geo. K. Duckworth; the Great Western Distilling Company, Monarch Distilling Company, Woolner Bros. Distilling Company, Peoria Distilling Company, Birmingham Distilling Company, by the Chicago Distilling Company; Missouri Distilling Company, by Mound City Distilling Company, have transferred the same to said trustees. Thereafter said trustees and their successors shall have power to purchase other stocks of said companies, or of companies organized for conducting same business, or any of the business hereinbefore specified, and may issue therefor certificates of trust equal at par value to the cash value of the stocks so purchased, or shall have power to lease the premises of such companies, paying therefor such rental as they may deem proper, and whenever in their judgment it is for the best interests of the trust to lease rather than purchase. 7. All stocks sold and transferred to said trustees shall be held by them and their successors for the benefit of all the owners of said trust certificates. No stocks so held by said trustees shall be sold or surrendered by said trustees during the continuance of this trust without the consent of a majority, in number and value, of the trust certificates: Provided, however, That said |