708 75 FEDERAL REPORTER. CREDIT RATINGS. BLUE BOOK. ARIZONA-Contlnned. ARIZ ON A-Continued. Phoonlx Maricopa Phoonlx, Maricopa Co oM Bliss & Llgier 18 F GM+ Bliss & Llgler M. Cohlse Marble &; Onyx Co. GM+ Cohise Marble & Onyx Co. oM Gregory, J. M. 13 E GM+ Gregory, J. M. M Phoonlx Marble &; Stone Co. GM Phoonix Marble & Stone Co. (Cap, $50m,) (Cap. $50m) Note. L. R. Ligier had succeeded Bliss & Ligier before June 1, 1895. Prescott Yavapai OM Malr, Jacob, Tombstone Cochise oM Ritter &; Taylor PreS'Jott, Yavapai Co. GM+ Malr, Jacob, Tombstone, CochlRe Co. 20 J GM+ Ritter & Taylor ARKA.."lSAS. ARKANSAS. Batesville Independence Batesville, Independen'1e Co. BQ Bartlett, Jesse M. 17 J SQ. Bartlett, Jesse M. L• BZ Cone, J. C. SW Cone, J. C. BZ Joblln Frank, 19 J SW Joblin, Frank P• OM Wiebusch, H. J. 19 J GM+ Wiebusch, H. J. P• Note. Jesse M. Bartlett and J. C. Cone had discontinued June 1. 1895. Bentonville Benton Bentonvl1le, Benton Co. OM Holland & Pearson GM+ Holland & Pearson OM McWhirter & Corley GM+ McWhirter and Corley Note. Corley & Baclms had succeeded Holland & Pearson, McWhirter Bros. had succeeded McWhirter & Corley before June 1, 1895. 0amden Oauchita Camden, Oauchita Co. OM Camden Marble Works GM+ Camden Marble Works (See C. A. Weller) (See C. A. Weller) OM Weller, C. A. GM+ Weller, C. A. Note. Weller & Wilson had succeeded C. A. Weller before June 1, 1895. Clarendon Monroe Clarendon, Monroe Co. OM Rawlings, Tucker W. 19 J GM+ Rawlings, Tucker W., P• Clarksvl1le Johnson Clarksville, Johnson Co. OM Caldwell, Zach. 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 Dandanelle, Yell Co. OM Bennett, & Urmston 18 J GM+ Bennett & Urmston N4 Eureka Springs Carroll Eureka Springs, Carroll Co. OM Abbey, M. A. J G1I1+ Abbey. l'v1. A. • 'M Eureka Onyx Co. GM+ Eureka O"yx Co. (Cap. paid $20m) (Cap. paid In $20m,) Fayetteville Washington Fayetteville, Washington Co. BQ Morley, Albert H. 20 K SQ Morley, Albert H. 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 Fort Smith, Sebastian Co OM Daley, Farrell 19 J G1I1+ Daley, :B'arrell P4 400 Towson ave 400 Towson Ave 'M Fort !3mith Marble Works GM+ Fort Smith Marble Works (See Smith & Tobey) Inc. 200M (See Smith & Tobey) OM Smith & Tobey 15 E GM+ Smith & Tobey 8 911 Garrison ave 911 Garrison Ave Hope Hempstead Hope, Hempstead Co. OM Welcome. Wm. W. G1I1+ Welcome, Wm. W. Note. W. L. Warmack had started before June 1, 1895. Hot Springs Garland Hot Springs, Garland Co. OM Hill, Theodore, 19 J GM+ Hill, Theodore 121 Oauchlta St. 121 Oauchita St. Jonesborough Craighead Jonesboro, Craighead Co. OM Taylor, Dempsey. 19 J GM+ Taylor, Dempsey Note. E. Stull succeeded Dempsey Taylor before June 1, 1895. P4 P4
Transcript
708 75 FEDERAL REPORTER.
CREDIT RATINGS. BLUE BOOK.ARIZONA-Contlnned. ARIZONA-Continued.
Phoonlx Maricopa Phoonlx, Maricopa CooM Bliss & Llgier 18 F GM+ Bliss & LlglerM . Cohlse Marble &; Onyx Co. GM+ Cohise Marble & Onyx Co.oM Gregory, J. M. 13 E GM+ Gregory, J. M.M Phoonlx Marble &; Stone Co. GM Phoonix Marble & Stone Co.
(Cap, $50m,) (Cap. $50m)Note. L. R. Ligier had succeeded Bliss & Ligier before June 1, 1895.
Prescott YavapaiOM Malr, Jacob,Tombstone CochiseoM Ritter &; Taylor
ARKA.."lSAS. ARKANSAS.Batesville Independence Batesville, Independen'1e Co.BQ Bartlett, Jesse M. 17 J SQ. Bartlett, Jesse M. L •BZ Cone, J. C. SW Cone, J. C.BZ Joblln Frank, 19 J SW Joblin, Frank P •OM Wiebusch, H. J. 19 J GM+ Wiebusch, H. J. P •Note. Jesse M. Bartlett and J. C. Cone had discontinued June 1. 1895.
Bentonville Benton Bentonvl1le, Benton Co.OM Holland & Pearson GM+ Holland & PearsonOM McWhirter & Corley GM+ McWhirter and CorleyNote. Corley & Baclms had succeeded Holland & Pearson, McWhirter
Bros. had succeeded McWhirter & Corley before June 1, 1895.0amden Oauchita Camden, Oauchita Co.OM Camden Marble Works GM+ Camden Marble Works
(See C. A. Weller) (See C. A. Weller)OM Weller, C. A. GM+ Weller, C. A.Note. Weller & Wilson had succeeded C. A. Weller before June 1, 1895.
Clarendon Monroe Clarendon, Monroe Co.OM Rawlings, Tucker W. 19 J GM+ Rawlings, Tucker W., P •Clarksvl1le Johnson Clarksville, Johnson Co.OM Caldwell, Zach. 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 Dandanelle, Yell Co.OM Bennett, & Urmston 18 J GM+ Bennett & Urmston N 4Eureka Springs Carroll Eureka Springs, Carroll Co.OM Abbey, M. A. J G1I1+ Abbey. l'v1. A. •'M Eureka Onyx Co. GM+ Eureka O"yx Co.
(Cap. paid $20m) (Cap. paid In $20m,)Fayetteville Washington Fayetteville, Washington Co.BQ Morley, Albert H. 20 K SQ Morley, Albert H. 6Note. 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 Fort Smith, Sebastian CoOM Daley, Farrell 19 J G1I1+ Daley, :B'arrell P 4400 Towson ave 400 Towson Ave'M Fort !3mith Marble Works GM+ Fort Smith Marble Works
(See Smith & Tobey) Inc. 200M(See Smith & Tobey)
OM Smith & Tobey 15 E GM+ Smith & Tobey 8911 Garrison ave 911 Garrison AveHope Hempstead Hope, Hempstead Co.OM Welcome. Wm. W. G1I1+ Welcome, Wm. W.Note. W. L. Warmack had started before June 1, 1895.
Hot Springs Garland Hot Springs, Garland Co.OM Hill, Theodore, 19 J GM+ Hill, Theodore121 Oauchlta St. 121 Oauchita St.Jonesborough Craighead Jonesboro, Craighead Co.OM Taylor, Dempsey. 19 J GM+ Taylor, DempseyNote. E. Stull succeeded Dempsey Taylor before June 1, 1895.
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CREDIT RATINGS. BLUE BOOK.ARKANSAS-Continued. ARKANSAS-Continued.
Little Rock Pulaski Little Rock, Pulaski CO.BQ Arkansas Stone CO. SQ Arkansas Stone Co.
(Inc.) 224 West ?d st. (Inc.) 224 West 2d St.GQ Braddock, J. S. GQ Braddock, J. S.216 W. Markham st. 316 W. Markham st.*M Funston, William L. 18 J GM+ Funston, William L. N 4GQ Little Rock Granite Co. GQ Little Rock Granite Co.208 West Markham st. 208 West Markham St.
(Inc. cap., 100m.) (Inc. cap. $100m)Note. The Little Rock Granite Co. forfeited its charter before June 1, 1895.
Nashville Howard Nashville, Howard CO.*M Price & Sons GM+ Prjc" R. SoneNewport Jackson Newport, Jackson Co.*M Drummond, A. 18 F GM+ Drummond, A., N 4Note. Our printer dropped the initial B in name of A. B. Drummond.
Ozark Franklin*M McWhirter, L. D.Note. Before June I, 1895,
joined McWhirter Bros.
Ozark, Franklin Co.GM+ McWhirter, L. D.
L. D. McWhirter removed to Bentonville, and
Paragould Greene Paragould, Greene Co.OM Mason, C. H. GM+ Mason, C. H.Note. C. H. Mason discontinued business before June I, 1895.
KI
Pine Bluff Jefferson*G Cook, John, 205 Main st.*M Westbrook & Sheppard
Pine BlUff, Jefferson Co.G+ Cook, John, 205 Main St.
15 F GM Westbrook & SheppardGM Cook, John
Note. Respondents insert John Cook twice, once properly classifted withstreet address, and once wrongly classified without street address. He haddiscontinued business before June I, 1895.Prairie Grove Washington
(Atty. Fayetteville 12 miles)*M Dorman & BaggettRogers Benton*M Pearson, J. M.Russellville Pope*M Elgin, T. H.*M Russellville Marble Works
(See T. H. Elgin)Searcy WhiteOM McAdams, F. W.*M Sewell, F. P. & Co.Note. Backus & Thompson
18.%.
Prairie Grove, Washington Co.(Attorney Fayetteville 12 miles)
GM+ Dorman & BaggettRogers, Benton Co.
19 .J GM+ Pearson, J. M. P 4Rusellvllle, Pope Co
19 J GM+ Elgin, T. H,GM-:- Russellville Marble Worka
(See T. H. Eigla)Searcy White 00GM-/- McAdams, F. W.GM+ F P. & Co.
succeeded F. W. McAdams before June I,
Sugar Loaf Sebastian Sugar Loaf, Sebastian CO.OM Mose, John, GM+ Mose, John,Note. John Mose discontinued business before June 1, 1895.
Texarkana Millet Texarcana, Miller Co.OM Smith, Jacob L. 19 J GM-I- Smith, Jacob L P 4fill Broad st. 511 Broad St.*M Texarkana Marble Works GM+ Texarcana Marble Worka
(See Jacob L. Smith) (Soe Jacob L. Smith)Van Buren Crawford Van Vuren, Crawford Co.OM Mitchell, Aaron L. 19 J G+ Mitchell, Aaron L. P 4Note. T. M. Mitchell succeeded Aaron L. Mitchell before June I, 1895, and
E. H. Hicks started new previous to that date.Wlllcockson NewtonOM Randolph, Lee,
(Atty. Stockton) (Attorney Stockton)OM Taylor, Allen 17 J GM-/- Taylor, Allen,' L.Bakersfield Kern Dakersfield, Kern CO.*M Nledoraur, Jacob, 12 E GM+ Nledoraur, Jacob, F aNote. B. K. Stone succeeded Jacob Niedoraur before June I, 1895.
710 . 75 FEDERAL REPORTER.
OREDIT RATINGS. BLUE BOOK.CALIFORNIA-Continued. OALIFORNIA-Contlnued.
Chico Butte Chico. Butte Co.°Z Robie, WlIliam, 15 F GM Roble, WlIllam,Coima San Mateo Colma, San Mateo Co.oM Barrett, B. J. & Co. J GMt Barrett, B. J. & Co.oM Dineen, B.lo. J GM Dineen, B.,oM MUlianey,.t'. D. J GM - Mullaney, P. D.OM Zlgl1o, David. F GM+ Ziglio, David,Note. B. J. Barrett & Co. discontinued business before June 1, 1895.
K'6664
Coloma. El Dorado Coloma, El Dorado Co.OM Hanna, Adam 16 F GM+ Hanna,Adam K 3Note. The name of Adam Hanna appeared under Coloma through clerical
error, and should appear under Colma.
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Colton San Bernardino Colton, San Bernardino Co.B California Marbie & Building Stone Co. B California Marble & Building Stone Co.(inc.) (Inc.)
'M Hubbard, W. L.' GM+ HUbbard, W. L.'!If Martin, W. G. 18 J OM+ Martin, W. G.Columbia Tuolumne Columbia, Tuolumne Co.oM McNamee, John. GM+ McNamee, JohnColusa Colusa Colusa, Colusp Uo.GZ Frank, Joseph, 19 J GW Frank, Joseph,OM Martin & Gardner J GM+ Martin & GardnerDavisville Yolo Dav.lsvllle, Yolo Co.oM Llchtfers, Phlllp, 19 J GM+ Llchtfers, Philip,Declezvllle San Bernardino Declezvllle, San Bernardino Co.'M Los Angeles Marble & Granite Works. GM+ Los Angeles Marble & Granite Works.East Los Angeles Los Angeles. East Los Angeles, Los Angeles Co.
(See Los Angeles) (See Los Angeles)Eureka Humboldt Eureka, Humboldt Co.'M O'Neil, John, 17 J GM+ O'Neil, JohnFresno Fresno Fresno, Fresno Co.'M Doyle Bros. 16 F GM+ Doyle Bros.'M McKay, J. S. J GM+ McKay, J. S.Note. Corney & McKay succeeded J. S. McKay before June 1, 1895.
N44
Ahearn be-
Grass Valley Nevada Grass Valley, Nevada Co.'G Ahearn, Thomas J. & Alex J. 18 F G-I- Ahearn, Thos. J. & Alex. J.'M Lord James H. 20 J GM+ Lord, James H.Note. Thomas J. Ahearn purchased the interest of Alex. J.
fore June 1, 1895, and continued alone.
Halleck San Bernardino Halleck, San Bernardino Co.(Atty. San Bernardino 48 miles) (Attorney San Bernardino 48 miles)
'M Lemon, C. S. 19 J GM+ Lemon, C. S. P 4M Wyman, Gruendike & Co. E GM Wyman, Gruendike & Co. :IHanford Tulare Hanford, Tulare Co.'M Johnston, W. A. GM+ Johnston, W. A.'M Ragan, C. K. 13 E GM+ Ragan, C. K. H 2Note. C. K. Ragan went into insolvency previous to June 1, 1895.
Haywards Alameda Haywards, Alameda Co.oM Jackson, T. B. GM+ Jackson, T. B.Healdsburg Sonoma Healdsburg, Sonoma Co.oM Fisher & Kinslow 13 E GM+ Fisher and Kinslow H 2
(See Santa Rosa) (See Santa Rosa.)Lincoln Placer Lincoln, Placer Co.BG Coffey, T. L. 18 J SG Coffey, T. L. N 4'M Grimes & Co. F GF+ Grimes & Co. 4"M Jetter Thos. W., J GM+ Jetter, Thos. W. 4Note. T. L. Coffey discontinued business before June 1, 1895.
Livermore Alameda'M Kelly, Edward,Lo. Angeles Los AngelesB 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.
14E
19 J
E
14 J
Livermore, Alameda Co.GM+ Kelly, EdwardLos 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.
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CREDIT RATINGS.
LADD V. OXNARD.
BLUE BOOK.
711
CALIFORNIA-Continued. CALIFORNIA-Continued.'M Messerly, A. E. 19 J GM-J- Messerly, A. E. I>719 N. Main st. 719 N. Main St.
'M Murray, Wm. M. 19 J' GM± Murray, Wm. M. P 4722 Grand ave. 722 Grand Ave.
Los Angeles. Los Anl':eles.GM .Paclfic Granite & Marble Co.. GM Pacific Marble & Granite Co.,931 East 1st st. 13 E 931 E. 1st St.
MG Southern California Marble & Granite MG+ Southern California Marble and Gra-Works, (See Lane Bros.) nite Works. (See Lane Bros.)
MQ Victor Marble & Granite Co. MQ Victor Marbie & Granite Co.227 West 1st st. J 227 West 1st St. II
BZ Ward, Frank F. SW Ward, Frank F.,141 West 23d st. 141 West 23d St.Note. Before June 1, 1895, Brown & Ford had started. M. Craig had start-
ed (see Exhibit D). A. E. Messerly had discontinued. Weifenbach GraniteCo. had started.
Marysville, Yuba Marysville, Yuba Co.OM Condon, David 20 GM+ Condon, DavidOM Plymire, W. H. GM+ Plymire, W. H.Note. Before June 1, 1895, George H, Voss had started.
II
Merced, Merced Merced, Merced Co.'M Delong, A. 19 E GM+ Delong, A. P 3Napa City, Napa Napa City, Napa Co.'M Kelly, P. 15 E GM+ Kelly, P., K 2OM Newman & Wing 17 11' GM+ Newman & Wing L 4Oakland, Alameda Oakland, Alamec.a Co.OM Amador Marble Co. (lnc.) D GM-I- Amador Marble Co. (Inc.) 1Piedmont ave. Piedmont Ave.
MG American Granite & Marble Works (See MG American Granite & Marble Works (SeeA. W. Combs) A. W. Combs)'M Combs, Angus W., J GM+ Combs, Angus W., 3468 9th st 468 9th St.
OM Dinneen, Michael, 11' GM+ Dinneen, Michael 2717 78th st. 717 78th St.
OM Dwyer, Daniel, 18 11' GM+ Dwyer, Daniel N 4Booth, near Broadway Booth, near Broadway,OM Gross, William, 19 11' GM+ Gross, William, P 41340 Kirkham st. 1340 KirlClam St.
Oakland Oakland.OM Kelly, James F. 16 11' GM+ Kelly, James F. K 37th and Brush sts. 7th and Brush Sts.0G Oakland Marble & Granite Works, (See G+ Oakland Marble & Granite Works (SeeMichael Dinneen) Michael Dinneen.)
BZ Perine, William D., 19 GW Perine, William D. I>457 9th st. 457 9th St.
Oakland. Oakland.G Rocklin Granite Co. E G Rocklin Granite Co. 8
(see Rocklin) (See Rocklin)Penryn Placer Penryn, Placer Co.'M Griffith, David, 11' GM+ Griffith, David •Note. David Roberts started new before June 1, 1895.
Petaluma Sonoma Petaluma, Sonoma Co.OM Evans, E. W. M. F GM+ Evans, E. W. M, •Pino Placer Pino, Placer Co.
(See Sacramento) (See Sacramento.)GQ Healy, M, J. & Co. 16 11' OQ Healy, M. J. & Co. K 3Placerville El Dorado Placerville, El DoradoOM House, John L., OM+ House, John L.Red Bluff Tehama Red Bluff Tehama Co.OM Masterson, D. E. 19 J GM+ Masterson, D. E. N 3Redding Shasta Redding, Shasta Co.OM Bentley & Brown J GM Bentley & Brown 3OM Redding Marble Co. J GM+ Redding Marble Co. 3Note. F. A. Plymire succeeded Bentley & Brown before June I, 1895.
Riv<n-slde San BernardinoMZ Squire, Mrs. Stephen,M Stone Bros.
(See San Bernardino)Rocklin PlacerG Allen, Ira P.,
18 ERiverside, San Bernardino Co.MW Squire, Mrs. StephenM+ Stone Bros.
(See San Bernardino}Rocklin, Placer Co.G Allen, Ira P.
NS
712 75 REPORTER.
CREDIT RATINGS. BLTJE BOOK.
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CALU'ORNIA.-Continuad. CALIFORNIA-Continuad.°G Degan, & Brady , G+ Degan & Brady
(See San Francisco) (See San Francisco)GQ Eureka Granite CO GQ Eureka Granite Co,G Rocklin Granite Co. G Rocklin Granite Co.
(see Oakland) (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 St Helena, Napa Co.oM Kelly. John J. 19 J G'u. Kelly, John J.Spring st. ...ing St.
Sacramento Sacramento Sac., amento, Sacramento Co.OM Aitken. Andrew, 13 E GM-j- Aitken, Andrew,OM Bo ne, William, 13 F GM+ Boyne, WIlliamMG Carlaw Bros. 15 F MG+ Carlaw Bros.Sacramento SacramentoOM Carroll, J. & Son 17 J GM+ Carroll, J. & Son, L 3oM Cranley, Prader & Co. J GMi Cranley, Prader & Co. 4oM Devine, J. H. GM Devine, J. H.oM Luce & Glover 16 F GM Luce & Glover K 3GM Sacramento Granite & Marble Works GM Sacramento Granite and MarbleWorks(See Carlaw Bros.) (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.
F12E18 J
16 E
FJ
F15E
FJ
San Bernardino San BernardinoMZ San Bernardino Marble & Granite Co.(See Stone Bros.)
OM Stone Bros. 16 FSan Diego San DiegoG Clark-Rockfellow Granite Co.
(Cap. paid In $5m.)MZ San Diego Marble Works
(See Simpson & Plrnle)MZ - Simpson & Plrnle 18 ''ESan Francisco San FranciscoWM Allan, John D.
(See Jones Bros. & Co.)G Barclay Bros. & Co. EMG Brown, W. S. & Co. F1629 Mission st.
BZ California Marble & Building Stone Co.(Inc.) E216 Bush st.
M California VerdeAntique Marble Co. (Inc.), 308 Pine st.
MQ Carrara Marble Quarry1219 Market st
MQ Columbia Marble Co.347 Brannan st
OM Clark & LloydHarrison, near 13th st,
OM Comuth, Edward12 Golden Gate ave.
OM Daniel, John & Co.Entrance Laurel Hill Cemetery.
OM Davidson & Sons5 Mills Bldg. (See Chicago. m.)San FranciscoBZ - Degan & BradyEast 11th st.
OM Dumontelle, Eugene523 5th st.
MZ Flohr, Frederick,1133 Mission st.
BZ Gray Bros. ArtifIcial Stone Paving Co.(Inc.)316 Montgomery st.
OM Haring, J. J.115 Kearnev st.
MZ Hawthorne, C. R.3 Henderson ave.
MQ lnyo Marble Co. (Inc.)13 Mills Bid!\".
OM Isham & BlanchardOcean View
WG Jones Bros. & Co. cor. Second andBrannan 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 2San Diego, San Diego Co.G Clark-Rockfellow Granite Co.
(Cap. paid In $5m)MW San Diego Marble Works.
(See Simpson & Plrnle)MW Simpson & Plrnle N 3San Francisco, San Francisco Co.
XM Allan, John D.(See Jones Bros. & Co.
G Barclay Bros & Co. 2MG Brown, W. S. & Co. 31629 Mission St
SW California Marble & Building Stone CO.UMJ 2216 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 JHarrison, near 13th St.
GM+ Comuth, Edward, P 212 Golden Gate Ave.
GM-'- Daniel, JOhll & Co. N 4Entrance Laurel Hill Cemetery.
GM+ Davidson & Sons5 MllIs Bldg. (See Chicago liI.)
San FranciscoSQ Degan & Bradv K 3East 11th St.GM+ Sumontelle, Eugene. 4523 5th St.
MW Flohr, 41133 Mission St.
SW Gray Bros. Artificial Stone Paving Co.(Inc.)316 Montgomery St.
GM Haring, J. J. J115 Kearney St.
MW Hawthorne, C. Ro. K 13 Henderson Ave.
MQ Inyo Marble Co. (Inc.) 213 Mills Bldg.
GM+ Isham & Blanchard 4Ocean View.
XG Jones Bros. & Co., cor. Secone! andBrannan Sts. (See Jones Bros., Boston,Mass.)
LADD •• OXNARD. 713
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CREDIT RATING&. BLUE BOOK.CALIFORNIA-CoIl....... OALIFORNIA-Contlaul4.
-X .Ton.., Geo. H. II II GM+ Janel, Geo. H.,• Flood Bldg. 6 Flood Bldg.
eM McCormick, W. H. :lJ II GM+ McCormick, W. H.U22 Market It. 1422 Market St.eM MacNutt, A. H., 16 I' GM+Ma.cNutt, A. H.432 Bryant st. 432 Bryant St.
eM Maestrettl, Frank A.. J GM+ Maestrettt, Frank A.206 Central ave. 206 Central Ave.
BZ Matthews, William .. 0-. u m SW Matthews. William .. oe.cor. Turk & Wood sta. cor. Turk and Wood Sta.
eM Miller, Charles, J GM+ Miller, CharlesMZMorrls, Abraham. 19 J MW Morris, Abraham,216 5th It 216 5th St.
MZ Musto, Joseph, 'I D MW Musto, Joseph,713 Battery .t 713 Battery St.
MZ Myers, Leon It.. D J MW Myers, Leon a.20 Gold st. 20 Gold St.
eM Nunan, John J. GM+ Nunan, John .T.1734 Market st. 173. St.
eM Nutting, John F. .T GM+ Nutting, John F.GZ Ocean View Granite CO. GW Ocean View Granite Co.
(See Isham & Blanchartt) (See Isham &: Blanchard.)eM Paltenghl, Andrew" 0... U.T GM+ Paltenghl, Andrew" 00.1219 Market st. 1219 Market St.
San Francisco San FranciscoeM Pierce. John 0. GM+ Pierce, John O.216 Linden ave. 216 Linden Ave.
eM Pierce, Patrick GM+ Pierce, Patrick23 Valencia st. 23 Valencia St.
OM Powers, E. J. GM+ Powers, E. J.2328 Bush st. 2328 Bush St.
G Raymond Granite eo.. 'II G Raymond Granite eo.Berry St. Berry St.
eM Rebstock, J. U J GM+ Rebstock, J.,408 Central ave. 408 Central Ave.
WM Rice, Marshall E., XM Rice, Marshall m.37 Silva st (See Barre, vt.) 37 Silva at. (See BlIne. 'Vt,)
eM Roche, T. B. &: Son, 1• .T GM+ Roche, T. B... SOD,16 Pearl st. 16 Pearl St.
MZ Roth, MaxlmlllaD, 18 F MW Roth, Maximilian,43. Valencia st. 434 Valencia St.
eM Rumno &: BianchI, • D GM+ Rumnl & Bianchi864 Bryant st. 864 Bryant St.
OM Sheerin, Daniel, 18 Jll GM+ SheerIn, Daniel,Broderick st. Broderick St.
M Tempestl, Eugento 19.T GM Tempestlo, Eugenio,1151 Mission st. 1151 Mission St.WM Vermont Marble Co. . XM Vermont Marble Co.2« Brannan st. (See Proctor, Vt.) 244 Brannan St. (See Proctor, vt.)D WillIams, Frank, F S WIlliams, Frank,17 Eddy st. 17 Eddy St.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'! In-sert his name as a matt!'r of compliment. Before June I, 1895, the follOWIngchanges had taken pln('e among San Francisco dealers: Barclay Bros. &Co., Frederick Flohr, Charles Miller, John .J. Nunan, Marshall E. Rice, andEugenio 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. Matthewshad 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 San Jose, Santa Clara 00.eM Barker, Bulman &: DemecheU GMI Barker, Bulman'" DomocheUOM Blanchard Wm. W. F GM Blanchard Wm W. •OM Brownell, Lyman A. 18 F GM Brownell Lyman A. N •eM Comhs, J. W. & Co. 18 J GM Combs, J. W. 01: Co. N •MZ Dunne, R. H. & Co. J MW Dunne, R. H... Co. ,GM Western Granite &: Marble Co. GM Western Granite A Marble 0..(Cap. paid In $75m) D (Cap. paid In $75m.1 •Note. J. W. Combs & Co. discontinued business before June I, l895.
714 75 REPORTER.
CREDIT RATINGS. BLUE BOOK.
K2
CALIFORNIA-Continued. CALIFORNIA-Contlnned.San Luis Obisbo San Luis Obispo S.an Luis Obispo, San Luis Obispo CO.OM Clark, A. GM+ Clark, A.OM Robertson, Geo. W. 15 F GM+ Robertson, Geo. W.San Rafael Marin San Rafael, Marin Co.OM Corti, J. (sexton) 19 J GM+ Corti, J. (sexton) 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 Santa Ana, Orange Co.MZ Jessen, John, MW Jesse, John,Note. Heil & Talbott started in business at this point before June 1, 1895.
N4N4
before June 1,
Santa, Barbara, Santa Barbara Co.GM+ Frost, SamuelGM+ Moore, S. T.MS Squires & George
at this point
18 F18 F
started in
Banta Barbara Santa BarbaraOM Frost, SamuelOM Moore, S. T.MB Squires & GeorgeNote. W. L. Record had
1895.Santa Cruz Santa Cruz Santa Cruz, Santa Cruz Co.MZ Belledeau, J. H. J MS Belledeau, J. H. 4OM Thurber & Britt 11 E GM-J: Thurber & Britt E 2Note. J. H. Belledeau was a clerical error in spelling, and should read J.
H. Bllledau. I. L. Thurber succeeded Thurber & Britt, and Henry A. Clarkand William J. Harrington started new at this point before June 1, 1895.Santa Rosa Sonoma Santa Rosa, Sonom.a Co.OM Fisher & Kinslow 13 E GM+ Fisher & Kinslow
(See Healdsburg) (See Healdsburg)Sonora Tuolumne Sonora. Tuolumne Co.OM McCready, H. C.. GM-'- McCready, H. C.Note. This party dIscontinued business befo·re June 1, 1895.
H4
5
N3K2N2
See Dlck-
Stockton San Joaquln Stockton, San Joaquin Co.OM Brennan & Walsh 18 F GM+ Brennan & WalshOM Dickson, WoodhUll & Cramer 15 F GM+ Dickson, Woodhlll & CramerOM Johnson & Spellman 18 F GM+ Johnson & SpellmanOM Stockton Marble Works. (See DlC!<sOIl, GM+ Stockton Marble Works.
Woodhull & Cramer.) son, Woodhull & Cramer,)Tulare Tulare Tulare, Tulare Co.OM Bole. J. R. 20 K GM+ Bole, J. R.OM Lazenby, J. GM+ J.Note. J. Lazenby dIscontinued business before June 1, 1895.
(See Santa Rosa) (See Santa Rosa)Vallejo Solano Vallejo, Solona Co.MZ Doyle, Thomas M. 17 F MW Doyle, Thomas M. L 2MZ Gottschalk, Charles MW Gootschalk, CharlesOM Plymlre, James A. & Sons 17 J GM+ Plymlre, James A. & Sons L 3MG Vallejo Marble & Granite Works (See MG Vallejo Marble & Granite Works (SeeJas. A. Plymlre & Sons) Jas. A. Plymlre & Sons)Note. Before June 1, 1895, James A. Plymlre & Sons discontinued busi-
ness, one of the sons (F. A.) succeedIng Bentley & Brown at Redding.Visalia Tulare Visalia, Tulare Co.OM Johnson, Robert J. GM+ Johnson, Robert J.Wlntprs Yolo Winters. YoloOM Bartholet, B. GM+ Bartholet, B.Woodlands Yolo Woodlands, Yolo, Co.OM Hebener Marble & Granite Co. 19 J GM+ Hebener Marble & Granite Co. P 4OM Mltcbell, James R. 18 F GM-J- Mitchell, James R. 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 Yerka, Siskiyou Co.OM Hovey, William A. 18 J GM+ Hovey, William A. N aOM Russell, J. B. GM+ Russell. J. B.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 pub-lished in November, 1895, have been copied verbatim. From thm point itemswill be taken at random from each of the books mentioned.
CREDIT RATINGS BLUE BOOK.COLORADO. COLORADO.
Denver Arapahoe Denver, Arallahoe Co.OM Farrington & Co. 16 F GM+ Farrington 8< Co. ,(W. R. Farrington alone) (W. R. Farrington alone)1533 Tremont st. 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 Fort Collins, Larimer Co.oM Starlin, A. J. GM+ Starlin, A. J.Note. A. J. Starlin discontinued business here before March 13, 1893. (See
Exhibit H.)Greeley WeldoM 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 LeadVille, Lake Co.BM Irwin. Jeremiah, SM IrWin, Jeremiah
Note. W. L. Malpuss started at this point on March 28, 1894. (See ExhibitJ.)
CONNECTICUT. CONNECTICUT.Ansonia New Haven Ansonia, New Haven Co.°G Secombe Bros. 19 J G+ Seccombe Bros. P 3B Wooster, C. B. 15 F B Wooster, C. B. K IINote. B is used as the trade classification In both books, signifying In
Credit Ratings, stone, and in the Blue Book, building. Davy & Cole hadstarted In business at this point previous to June 1, 1895, and their namesappear in the 1895 edition of Credit Ratings. (See Exhibit K.)Bridgeport Fairfield Bridgeport. Fairfield Co.OM Carling 8< Stevenson GM+ Carling 8< StevensonFairfield ave. 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.Note. Michael H. Sexton
1894. (See Exhibit L.)
GM Sexton, James Sr.Stratford Ave.
succeeded his father, James Sexton, Sr., June 6,
Hartford, Hartford Co.GM+ Adams Granite 8< Marble Works
J 1 Ford St. 4Slocum succeeded the Adams Granite & Marble Works(See Exhibit M.)
Hartford HartfordOM Adams Granite 8< Marble Works1 Ford st.Note. Franklin R.
before Oct. 22, 1894.GM Keeley Bros. 18 F GM Kelley Bros. N 493 Charter Oak st 93 Charter Oak St.Note. Karl J. Belj succeeded this concern May 1, 1893. Through clerical
errors the address given as 93 Charter Oak street should read 93 CharterOak avenue. (See Exhibit N.)Stamford FairfieldOM Scofield & Sawdey JNote. 'I'his concern was sold out by
Exhibit 0.)
Stamford, Fairfield Co.GM+ Scofield & Sawdey 6sheriff previous to Aug. 1, 1894. (See
716 75 FEDERAL REPORTER.
CREDIT RATINGS. BLUE BOOK.CONNECTICUT-Continned. CONNECTICUT-Continued.
Sterling WindhamB Boswell. J. W.Note. J. W. Boswell started in business before June 1, 1895. (See Exhibit
P.) .WestvlIle New Haven WestvlIle, New Haven Co.
(Atty. New Haven 3 miles) (Attorney New Haven 3 miles)oM Rob'ertson. F. B. 16 F GM-/- Robertson. T. B. K 2Note. Through clerical error the clause (see New Haven) was omitted in
the 1894 Credit Ratings. (See Exhibit Q.)DISTRICT OF COLUMBIA DISTRICT OF COLUMBIA
Washington Washington 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. hadremoved to 1107 Q street N. W. The Washington Marble Co., through a cler-Ical error, was inserted In the 1894 Credit Ratings as Washington GraniteCo. Timothy J. Callaghan had removed to 1230 25th street N. W. JohnHerbert Corning, John Howlings, Claude M. Manning, and Harry E. Rup-precht had started new. On the latter, see Exhibit S. Casper F. Geir hadcommenced new (see Exhibit R). Richard Rothwell, Jr. & Bro. had changedthe style to Rothwell & Bro. J. H. Shelton, through clerical error, was. quoted as located at 1513 E street, while his correct address is 1517 Estreet.
FLORIDA.Jacksonville DuvalOM Clark, (fflorge. W.Note. George W. Clark had
Clark Co. (See Exhibit T.)
FLORIDA.Jacksonville. Duval Co.
16 F GM-/- Clark. George W.transferred his business to the George W.
Pensacola Escambla Pensacola. Escambla Co.oM Davis. B. A. 19 J GM-/- Davis, B. A.Note. Wills & Broughton started new at this point previous to
1895. (See Exhibit U.)
P4March 30,
Tallahassee Leon Tallahassee. Leon Co.OM Knowlton, W. A. J 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. GEORGIA.
Thomasville Thomas Thomasville. Thomas Co.OM Begger & Thurman 19 J GM-/- Begger & Thurman P 4Note. Through clerical error the name Begger appeared in the 1894 edition
of Credit Ratings, and should read Bigger. (See Exhibit W.)INDIANA. INDIANA.
Salem Washington Salem, Washington Co.OM Linscott. W. M. 18 J GM-/- Linscott. W. M. N 4MZ Naugle. John, 19 J MW Naugle, John, P 4OM Neal, John B., 14 F GM-/- Neal, John B., J 2BZ Salem Bedford Stone Co. (see Louisville, SW Salem Bedford Stone Co. (see Louisville.Ky.) 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, notIn the monumental, and his name appeared in the 1894 Credit Ratingllthrough error. (See Exhibit No. 1.)
IOWA. IOWA.Decorah Wlnneshlek Decorah, Wlnneshlek Co.OM Arenson & Hokaasen GM-/- Arenson & HokaasenNote. In the 1894 Credit Ratings two clerical errors appeared In this firm
name, which should read Arneson & Kokaasen. (See Exhibit No.2.)
CREDIT RATINGS.
LADD V. OXNARD.
BLUE BOOK.
717
lOWA-Continued. lOWA-Continued.Dyersville Dubuque DyersvlIle, Dubuque Co.OM McHogan. William, 16 E GM+ McHogan, WilliamNote. By error in Credit Ratings; It should have read (See
Exhibit No.3.) Same error in Blue Book.
Des Moines Polk Des Moines, Polk (Co.)OM Des Moines (The) Marble & Mantle Co. GM+ Des Moines (The) Marble & Mantle Co.701 Locust st. . E 701 Locust St. (Cap. paid In $33m)(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 Missouri Valley, Harrison Co.OM Starling & Bullard 19 K GM+ Starling &; BullardNote. Through clerical error this name appeared misspelled in
Credit Ratings, and the Blue Book contains the same misspelling.hibit No.4.)
Iithe 1895(See Ex-
Olweln Fayette Olweln. Fayette Co.OM Fayebrother, M. E. 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. KANSAS.Salina Salina Salina, Salina Co.OM Johnson, James 17 F GM+ Johnson, James L 3Note. Through clerical error this name appeared misspelled in the 1894
Credit Ratings, and the same error appears in the Blue Book. (See ExhibitNo.5.)
KENTUCKY KENTUCKY.Augusta Bracken Augusta, Bracken Co.OM Hume. Albert W., 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· ExhibitNo.6.) ,
MAINE. MAINE.Knox Waldo . Knox, Waldo CO.BQ Booth Bros. & Hurricane Isle Granite Stl Booth Bros. & Hurricane Isle GraniteCo. (Inc.) (See New York. N. Y.) 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 sameerror.
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.Bay City.-Note. Beard & De Merrell should read Beard & De MerelL (See
Exhibit No.9.)
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. (SeeExhibit No. 11.)Wabasha.-Note. Frank Shenach was misspelled, through error, and should
spell Shenack.Winona.-Note. 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 twonames appear provided with street addresses, and the Blue Book comparesexact. John J. Tressider & Son were given as GQ In Credit Ratings, througherrOf', 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 namefor the purpose of proving Infringements in case attempts are made. Theconcern 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 addressbeIng 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 wastransposed In the make-up of the 1894 Credit Ratings, and appears underTroy, 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 nameof Roach & O'Donnell. L. with respondents, signifies ''$1,500 to $2,500," andwith complaInants it signifies "C. O. D."New York Oity.-Note. Respondents reproduce D after Booth Bros. &Hur-
ricane Granite Co., 60 Bank St. (Inc.), cap. paid In $250m. D with complain-ants 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 spellStralton. (See Exhibit No. 14.)MontpeUer.-Note. Complainants' printer, in making up the 1894 Credit
Ratings, wrongfully classified the Langdon Granite Co. and Lynch & McMa-hon under Charles H. More & Co. Respondents' Blue Book shows the sameerror.
LADD V. OXNARD. 719
VIRGINIA.Charlottsville.-Note. L. W. Bowman should read L. M. Bowman. (See Ex-
hibit No. 16.)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 otherpublications, 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 Ameri-can Mercantile Agency, having attorneys in most of the principal cities andtowns of the United States and Canada; that in connection with said businesshe has come into contact with persons, firms, and corporations in variousmercantile and manUfacturing lines, and has had communication with largenumbers of attorneys, in different parts of the United States and Canada;that in connection with said work he also met large numbers of personsellgaged in the marble and granite business throughout Massachusetts, NewHampshire, and Vermont; that about eighteen months ago be began thepreparation of a book of reference entltled "The Blue Book of the Marble andGranite Exchange Mercantile Agency," and continued the same down toabout 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 Massachu-setts, New Hampshire, and Vermont; that the sources of information usedby him, as more fully set out below, were state and city directories whichclassify dealers under various heads showing the lines of business in whichthey are engaged, among others the marble and granite business; the reportsof attorneys in several places; the books of the firm of Cook & Watkins ofthe 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 up-wards of two weeks; and the assistance of said firm, and others In the sameline of business, in correcting and adding to the sheets of his work which hesubmitted to them; and that, if any instances occur where errors and mis-prints appear in both complainants' and respondents' books, it is due to thefact that both have had access to the same directories, trade lists, and othersources 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, andsays that there is, and from necessity must be, a similarity in the namesof the granite and marble dealers in each city and town, inasmuch as thesame dealers are referred to by each; that there is a similarity in the factthat the states are arranged alphabetically in both books, as in all mer-cantile agency books and directories; that the books, however, upon com-parison, vary materially, in the names given, and in the following otherparticulars: The respondents' book contains, after the name of each townand county, the name of an attorney, and the population of the town orcity, and the name of the most prominent bank situated in the place, noneof which are contained in complainants' book. Then follows a list of the
720 75 FEDERAL REPORTER.
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 thetwo works, as in many places there is but a single person or firm in the placeengaged in this industry, and in the majority of places only two, or threesuch firms, but, upon comparison of the two works, it will be seen that verymany differences do occur; such, for instance, as the omission of townsfrom the complainants' book which are given in respondents', the omissionof towns in respondents' book which are given in complainants', and theomission of the names of dealers in one which -occur in the other. Referenceis 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 showsthat their list must have been prepared several years since, when firms wereengaged only in a single line, that of marble, granite, stone, or monumentalwork. The respondents' book correctly shows that a majority of firmsthroughout the country are now engaged in two, and even three, of theselines. Opposite the name of each dealer appears in both works a rating. Thekey employed in one case is that of letters, and the other of figures, andthe division into amounts represented by these letters and figures is somE'-what different. In obtaining ratings the respondent has employed a varietyof means. Through the attorneys in some of the states upon his list he hasobtained ratings throughout the state, which were procured with the as-sistance of some leading marble or granite dealer in the principal city. Inthe state of Massachusetts, and mauy other states, he has received theassistance of a leading' mnrble and granite house in Boston. whieh employsfive or six traveling salesmen, covering many of the Central, Western, andSouthern states. This house had communication with dealers in manyparts 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 inmany parts of the United States, and examining the promptness of theirpayment, and all of the ratings were submitted to this firm for verificationand correction. The firm of granite dealers in Boston previously alluded toare members of the Manufacturers' & Wholesale Granite Dealers' ProtectiveAssociation of New England, Which issues monthly a confidential list ofdealers throughout the United States whose credit is in any way impaired,or whose payment makes them liable to suspicion; and deponent is informedand believes that those lists, for a period of upward of a year, were usedin correcting and verifying the standing of dealers througheut the country.Deponent further says that he did not have or use any copy of com-
plainants' said book in the preparation or compilation of his work. Hefurther says that the lists of dealers throughout the country are not thesubject of copyright, and have been printed in numerous town, city, and'state directories before the publication of complainants' book, and are com-mon property for the purpose of making any compilation, and that he hasmade use of such works in preparing his book.'Deponent further says that neither he nor any agent of his has everoffered his said book for sums varying from five to twenty-five dollars, buthave leased the same for the uniform price of twenty-five dollars pel' yearto persons subscribing therefor, and have offered to any person who hadpaid said subscription price an extra copy of the work, to be used byhis 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 heremembers, 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 complainantshave never sold or offered for sale any of' his said books, but have uniformlyleased Hie same to subscribers, according to the form, of leaSe which ap-pears on the inside back cover of complainants' exhibit filed in this case, andthat, 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.
LADD V. OXNARD. 721
LADD & HUNT. OXNARD.
B-0-°M_BZ-
ALLEGHENY, PA.Alston, A &: Co. very go04 50 to 75M not InBeggs, Alexander &: Son not ratedWalker Marble Co. G M+ Walker Marble & Granite Co.Wissner, Henry S W 'Windsor, Henry .
PA.Investigato Pay.Investig'lte Pay.
GM+GM+
GM+GM+
ALLENTOWN,Harwick, Monroe B. 1 to $2000Schmeyer, A. W. & Co. $500.
ALLENTOWN, PA.Altona. Blair Co.Johnson W. W. Investigate pay.Moffatt, Thomas E. & Co.Investigate Pay.
Black, John H. Investigate PayKausas. J. A.Bolivar Pa.Haglock, John $600.
Altoona, Blairo M- Johnson W. W $500.o M- Moffatt, Thomas E. & Co. $500
o M- Black, John H. Fair.o M- J. A.
not innot ir
BATH, PA.o M- Reinhar4 Dan'l J. (Agt) a to $5M G M+ Reinhard, Dan'l J. (AgQ
Investigate Pa).
o M- Yeager, Henry & Co. $500.Not inNot in
BEAKVILLE, PA.o M- Miller, J. 14. G M+ Mlllert J. M.
BEAVER FALLS, PA.Not 1n G M+ Ree4 A. E.
BERLINSVILLE, PA.• M- Becker, James W. $500. G M+ Becker, James W. Investigate Pay.
BERNVILLE, PA.G M+ Yeager, Henry & Co. 10 to $2OM
Bangor Pa.Kerler R. E.
BOWERS' STATION, PA.MZ- Hamsher, Henry F. M W Hansher, Henry F.
BRADDOCK, PA.o M- Hollenberg C. B. $500. G M+ Hollenberg C. B. Investigate Pay
Not in G M Shanahan & Valentine.
BROWNSVILLE, PA.M Z Wright Thomas S. not In
CAMBRIDGEBORO, PA.
o M- Sherman & Root 10 to $2OMNot InNot In
o M- Erb, George B.
Prompt Pay.G M+Sherman & Root $5 to 10M
Canton, Pa.G M+ Rouan, J. W.
CARLISLE, PA.Not In
Cudllpp, J. H.Raws]ey, Wallace.Cochkanton, Pa.
• M- Berger, William A.
Not inM Z Ramsley, Wallace
Cochranton, Pa.
CATASAUQUA, PA.G M+ Borger, William A.
CHESTER, PA.GMMW
• M- McClintock, William
Not In
o M- Lupfer & FlickingerNot inNot Inv.75F.no.8-46
DOWNINGTON, PA.G M+ McClintock, William 14.
DU BOIS, PA.G M Krell, J. H.
DUNCANNON, PA.G M+ Dupfer & Flickinger
Edinboro Pa.G M Weber, James.
722 75 FEDERAL REPORTER.
LADD & HUNT. OXNARD.
° M- Carey, George A.Not In
Not inNot InNot in
G Q - Lightner Nathaniel $1000.not in
G Z- Empire Granite Co.not in
EASTON, PA.G M+ Casey, George A. & Co.G M Price, W. D.
ERIE. PA.G M Jenks C. W.
Germanton. P6.G M Smith S. D.
GETTYSBURG, PA.No rating.
Miller Mrs. W. H. $2500.
HARRISBURG. PA.not in.
Compton & Mettler.
° M- Keiper, Philip 5 to $10Mnot Innot in
HAZELTON. PA.G M+ Keiper, Philip. Investigate PayM G" Thomas J. B. $2500.M G Thomas. WM. J.
LOCK HAVEN, PA.M Cr.+ Peeling G. C.
McKEESPORT. PA.M G Palmer O. M.
not innot in
LATROBE. PA.M Cr.+ McColly. E. B & Co.
LEBANON. PA.G M+ Dougherty Geo.M G Kleisir. Felix
LITTLESTOWN. PA.Investho::ate pal'
°M_ Feister. E. K. & Son.
not in
not in
OM_ Daugherty J. m.not In
MZ- Nan. John H. §1000.
not in
JERSEY SHORE, PA.8 to $5M no rating.
LANCASTER, PA.McClure. Estate ot W. M. $10 to 20M(See Mrs. Christiana McClure.
° M- Hollinsbury & Palmer° M- Wright Thomas S.
Mauch Chunk Pa.
B Q- McNeil, Benjamin
° M- Coble. Henry U.
MEADVILLE. PA.S QMcNeil Benjamin & Co.
MIDDLETOWN. PA.not in
not in• M- Rainey & Mesker
not in
MILLERTON, PA.M G McKibbin, Wm. T.G M+ Rainey Meeker
MONONGAHELA, PA.Alexander & Co.
• M- Hart, John C. $1000.not In
• M- Noll M. M. (Mrs.)
NEFF'S, PA.° M- Schlosser, Frank 8 to $5000. no rating.
NEW ALEXANDRIA. PA.B Z Sligh, A. H. S W Slight, A. H.
NEW BRIGHTON. PA.not in G M+ Garver, A. II.
NEW CASTLE. PA.G M+ Hart. John C. Investigate pa7G M+ Hart. Wm.
not in
o - Storb Theodore M.NEW HOLLAND, PA.
G M+ Storb Theodore M & Son..
LADD V. OXNARD. 723
LADD & HUNT. OXNARD.
M Z- Louch E. G.NEW OXFORD.
M W Lough E. G.
• M- Arnalz & Burns• M- Ashmore, James J.• M- Ashton John S.M B- AtkInson & Myhlertz
NORRISTOWN, PA.• M- Smith George W. 5 to $10,000. G M+ Smith George W. pay.
OXFORD, PA.• M- Jones, George E. $2 to $3000 G M+ Jones, George E. no rating.
PHILADELPHIA, PA.not In
G M+ Ashmore JamesG M+ Ashton, John S. & Co.W S Atkinson & Myhlertz (DIssolved)
GMGM+GM+o
PHILADELAHIA, PA.G M+ Burke, Catherine & Co•
not Innot In
X M Freedly Wm. G. •o M+ Oessler, John M. (estate)not Innot Innot Innot Innot In
G M+ Pierce, John S & Co.not In
Moderate pay. CapItal not statednot In
Waterhouse, W.Whitaker, John W.Weager, John M.Young, Thomas $5,000.
• M- Burke, CatherineGM- Connor, Jam68• M- Gallagher & FeushtWM- Freedly J. K. & Sonl• M- Gessler. John M.M Z- Graham Walter• M- Kornbau, DanIelGM- Miller, Christian• M- Mount Waldo GranIte Workl• M- O'BrIen J. J. & Co.• M- PIerce, John S.• M- Schmucker, Lewis G.• M- Schroeder, Chas. F. 5 to $10,000• M- Ulery Conrad
not innot in
• M- Yeager, John M.G- Young, Thomas $20,000.
not In• M- Daugherty Mary A.
PHILLIPSBURGH, PA.• 1.£- Cooper, J. A. $1000 G 1.£+ Cooper, J. A. no capItal.
PITTSBURGH, PA.not In 1.£ G+ Itzel & Co.
B Q- Park & Park 50 to $75,000 S Q Park & Park no ratlng
PITTSTON, PA.not in Barber, S. J.
POTTSTOWN, PA.• M- ReIfsnyder & Storb G M+ Strob Horace
POTTSVILLE, PA.• M- LaubensteIn LevI $3 to 5000 G M+ Laubenstein, Levi Investigate Pay
(No capital)READING, PA.
• M- Bressler F. F. $2 to 3000 FaIr. G M+ Bressler F. F. Investigate PayW1d- Getz's, H. S., Sons 150 to $200,000. not rated.
High.REYNOLDSVILLE, PA.
not in Seeley & Alexan!1er.SALTSBURGH, PA.
not In G M+ Bebk, R. J.ScIota Pa. Scotla Pa.
STRAUSSTOWN. PA.G M Miller, L. L. or S. R.
not In
not in
• M- Forbes, J. N. Nothing.
• M- Spragg, Mzanot Innot In
UNION CITY. PA.Ezra Cooper
WAYNESBORO, PA.G M+ Forbes, J. N. $2500.
WAYNESBURG, PA.G M-,- Spragg Eliza
West Pittston, Pa.M G Barber, S. J.
724 75 FEDERAL REPORTER.
LADD & HUNT. OXNARD.
• M- Doyle, David B. 3 to $5000.MG- Laucks, G. W 5 to $10.000• M- Miller Henry H.
WILKES BARRE, PA.not In G M+ O'Neil. P. S.
WORTHINGTON, PA.• M- Gaiser, G. J. & Co. 3 to $5000. no rating.
YORK, PA.G M+ Doyle David B. Investigate pay, (No
capital)M G Laucks G. W. no ratln/;.
not in.
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 heIs 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 ofthe lists of stone dealers in Massachusetts, as given in the respondents'book complained of and the complainants' book deposited in the clerk's ofliceof this court, and he annexes hereto the said comparison in his handwriting,made In parallel columns, showing the wide differences between the twobooks; that he has further made a comparison between complainants' bookand respondents' book as to the states of Wisconsin, Virginia, and WestVirginia, and tinds very substantial differences, being quite as great asthose 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 writ-ten statement in parallel columns to annex hereto; that his attention hasbeen called to the statement in the afiidavits heretofore filed in this case onbehalf of the complainants, to the effect that at least eight thousand changesoccur between various editions of the complainants' work; and in view oftheir allegation that the complainants' and respondents' bOoks are identical,he has made a count of the dealers contained in respondents' book, and findsthe total number of persons, firms, and corporations reported there as deal-ing 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 bookdoes not contain over eight thousand names. Deponent further says thathe has seen and examined the United States Directory of the Marble, Graniteand Stone Dealers and Workers, published by J. S. Clark & Company, ofLouisville, Ky., which is referred to in the affidavit of Seward W. Jonesfiled herewith, and he deposits herewith a copy of said book, identified by hisinitials, for reference In this case. The deponent further says, with ref-erence to the complainants' statements in their affidavits that their ar-rangement of the British provinces is peculiar to their book, that the saidarrangement in complainants' book is sUbstantially identical with that in saidClark's Directory heretofore referred to.
REED O. OXNARD.Sworn to.
MASSACHUSETTS.LADD & HUNT.
Annlsquam Mass.Ashley FallsBay View Mass
not Innot Innot In
BOSTON, MASS.
OXNARD.
GQ-GQ-
M-B+
Blue Hill Granite CoBraintree Granite Co (Inc)No.7 Exchange Place.
Butler, Phillip H & Co Good5 to $10M
Cambridge Slone Co
GQ
M
not inBralnlree Granite Co. (lnc)No. 28 Slate St.
Butler. Phlllip H & Co InvestigatePay.
not In
LADD V. OXNARD. 725
LADD & HUNT. OXNARD.
no rating.Meany, Edward F. & Co
no fatingMnlrey, '1'. D, no ratingMulrey, Patrick (estate)
No. 84 Vernon St.New Brunswick Freestone Co.No. 27 Pembedon Rqr. tInc)Robinson, George H.
No, 06 Cam bndge St. CJw.rle8ttm.Rockport Granite Co
No. 31 State st.not In
Sul1lvan Wm J.No. 123 Swett St.
Tempest J. P.No. 1291 Dorchester Ave.
Valentine & StillwellNo. 47 Swett St
Walker, Avard L. & CoForest Hills.
BG
S
GM+GQ
XG
8GM·-GM+SW
MW
XG
SW
GM+SW
GM
BOSTON. MASS.-Continned.G M+ Cantil. E &; SonS W Joseph Carew Freestone & MarbleS Cleveland (The) Stone Co.
1'0.562 AibanySl.Donohoe. M. J.Bvans. R. A. & Sons 3 to $5000Grasser. Paul
No. 1045 TremonlG Q- Jones, S. O.
Meridian St. bridgeJoyce, JohnKing, George O.
No. 18 Swett St.Libby, Albert A. & Co
No. 116 Swett St.• M- Magner, David
$2 to 3000Meany, Edward F. & Co
75 to $100m• M Mulrey, T. D, 50 to $75M• M- Mulrey, Patrick (estate)
1208 Harrison Ave.n ll- New Brunswick Freestone Co.NO.4 Pemberton. flq (Inc)
• M Z-Roblnson, George H.No. 86 Cambridge St.
W G- Rockport Granite Co.No, 27 Kilby 8t.
B Z- Stillwell & SchaefnerB Z- SuJllvan Wm J.
No. 59 Swett St.• M- Tempest J. P.
No. 146 Bowdoin St.not In
s-G-GM-·M-
not InBrighton Massnot Innot In
EAST BRAINTREE.Kelloway, Henrynot In
W M Breakorth, ParsonsM 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 ratlnllM G Horgan. John J. 45 Main BI MG Horgan, John J. 53 Main st.
EAST CAMBRIDGE,not In
• III Harrington John &: SonGore's Wharf, 3d St.
G Z- Sweatt Gould & ParkerGM+
GW
MASS.Conn. Steam Stone Co. (Freestone)No. 64 First St.Harrington John & SonAyers Wharf, No. 320 3d St.Sweatt & Gould
BZ Lawrence, John 2 to $3,000Cataumet Mass
CANTON, MASS.no ratingnot In
not In• 111- Rogers D. A. 180 High st.
East Lee MassEast Long Meadow MassEast Mansfield Mass
CHELSEA. MASS.G Q- Davis, D. C & Son 3 to $5000 good no rating
CLINTON, MASS.M G Gibson Geo. S.
not Innot Innot Innot in
726 75 FEDERAL REPORTER.
LADD & HUNT. OXNARD.
not InESSEX.
G M Stover & Co
EVERETT, MASS.MZ- Whitcomb A. G. not In
FALL RIVER, MASS.B Q- Beattie, Wllliam 50 to 75M not rated• M- Durkin & 00 $1000. G M+ Durkin, P. J. no raltntl
not In M G Fish, F, S.not In G M Lawson F. M
not InGranltevllle Mars
not In
OM Brown F m
GARDNER, MASS.M G Keenan & Gerry
not In
GREAT B4RRINGTON, MASS.GM+ Lux M.
HOUSATONIC. MASS.not In
not ratedM G Weeks. Cummings & Co.
HOLYOKE, MASS.S Delaney Bros First class pay $100,000
to $300,000S Mead, I.S Polvln & ShearerS McComm Walter
HYANNIS, MASS.G M Nickerson, Thos. W.
Hyde Park MassM G King, Geo. 0
Hyde Park Marble and GraniteWorks
not Innot Innot Innot In
not In
not Innot Innot In
HARWICH, MASS.o M- Crosby. Henry T. 8 to $5,000MG- Cummings, F. G. ll; Co
not InLAWRENCE, MASS.
Bostre & Co
oM- Gross Bros 100 to $150,000Long Meadow Mass
LEE, MASS.not ratednot In
Blenthen, Curry & CoB1enton S. P.Sampson John
LYNN,
LOWELL, MASS.G W Anderson JohnG W Dillingham FredG M-I- Gumb Bros
MASS.SWGWGW
not Innot Innot In
B Z- Blethen, Curry & Co.not Innot In
not In
not In
MALDEN, MASS.oM- Malden Marble & Graulte Works not InoM- Scott & Hlldebrand not In
MILFORD, MASS.GM Fair C. L.
EAST MILTON. MASS.G+ Sulllvan, John E.
not InNEW BEDFORD, MASS.
G M Dawson. Amol
o M Crowley D. J.
MG- Andrus, 1<. O.
NORTH ADAMS. MASS.G M+ Crowley, D. J. Sold out
PITTSFIELD, MASS.not In
LADD V. OXNARD. 727
LADD & HUNT. OXNARD.
• Clark, RobertPLYMOUTH. MASS.
not In
not Innot In
G Q- Carr, E. F. & Co.
QUINCY, MASS.G W Adrian H. W.G W Abram, James, W.
not In
not Innot innot In
QUINCY, MASS.not In
G W Cook M. E. & Co. 10 to $20,000Cook & Watkins (see Boston)not Inno ratingnot rated
SO.Burke & 0 KeefeCook M. E & Co 2 to $3,000not in
Lilllcrap BrosMcDonnell Bros 10 to $20,000McDonnell & Kelley 3 to $5000Norfolk Granite Co. (see 'Burke &
O'Keefe)Restelli & KelleyTurner R. E.
GZ.GZ-
GZ-GO-°GGZ-
G-GZ-
°0OZ-GZo G-0G-GZ-
WEST QUrNCY, MASS.Ayers. A. W. & Son 50 to $75M not ratedFUller, F. Wesley 3 to $5M no capitalHeusB. John Moderate Pay 5 to $10,000Hevahan, James & Son G+ Hevehan. James & SonMonahan & Breen not inQUinn, Robert, K not innot in Royalston Mass
• not In Royalston Granite Co (see EdwardD. Reed)
not In
not In
not Innot In
ROCKPORT, MASS.G Q Rockport Granite Co (cap. paid In
TAUNTON, MASS.• M- Jackson, Wm. H. G M+ Jackson, Wm. H. MrL
WARE, MASS.• M Kinney & Oodfrey (See Northampton) G M+ Godfrey, W. F.
WESTFIELD, MASS.not In M G Westfield M. & G. Co.
WEST STOCKBRIDGE, MASS.• M- Brown, F. E. not
WOBURN, MASS.• M- Briggs Richard
not In
not Innot In
• M- Nugent & O'Tool.not Innot Innot In
not InM G Hern, John J.
WORCESTER, MASS.G II{ Adamson JohnsoD
Davis Brosnot In
AUBtin O'TooleGil{ + Nugent, John B'.G II{ Wilson Martin
728 75 FEDERAL REPORTER.
Among other proofs filed by defendant was an affidavit by oneSeward W. Jones to the effect that one of the complainants hadcalled upon him to solicit a subscription to their book, and that,in the ensuing conversation, said complainant had stated that thebook of complainants wa,s compiled from a directory of marble andgranite dealers in the United States, published by J. S. Olark &00., of Louisville, Ky., which book defendants made part of theirevidence. This statement was denied by an affidavit in reply, and,in order further to show that complainants' book was not compiledfrom Olark & Oo.'s directory, as well as to show that defendant'sbook was taken from that of complainants, complainants' attorneyin his brief, exhibited the following table of comparisons betweenthe three compilationa-:CLARK'S DIRECTORY.
H. H. Blakely, Birmingham.
S. J. Evans, Calera.J. H'lmmel, Decatur,
Geo. Kenney, Opelika,J. N. Montgomery, Selma,
L. Taylor. Talladega,
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,
BLUE BOOK.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, ShelbyEvans, Samuel J.,Decatur MorganHummel, J.Stewart, W. P.Opelika LeeKinney, Geo.Selma DallasMontgomery, J. N. &: Son.Talladega TalladegaTaylor, Lafayette,
..T. H. Holt.
NOTlll. No towns or name..
ARIZONA.Flagtaff YavapaiArizona Sandstone Co.(see Los Angeles. Cat)
English &; PadghamPhrenlx MaricopaBliss & LlglerCohlse Marble &; Onn Co.Gregory, J. M.Phrenlx Marble &; Stone Co.(cap. $5010)
Prescott YavapaiMalr, Jacob,Tombstone CochiseRitter &; Taylor
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)
BLUE BOOK.Newfoundland.Prince Edward Island.Manitoba.British Colnmbia.
The affidavit of Reed O. Oxnard (page 49 of the record) states that thearrangement in the Credit Ratings of the British provinces is substantiallyidentical with that of said Clark's Directory. A comparison of the exhibits inthis case show the following as the arrangement of four of the same in thethree books: .CLARK'S DIRECTORY. CREDIT RATINGS.
British Columbia. Newfoundland.Manitoba. Prince Edward Island.New Foundland. Manitoba.Prince Edward Islanll. British Columbia.
Albert P. Worthen, for complainants.Elder, Wait & Whitman, for defendant.
PUTNAM, Circuit Judge. The complainants have published an-nually for several years a book of credit ratings of the marble,granite, and stone of the United States and Canada. Thevolume on which this bill was brought is that of 1894, which thecase shows was delivered to 179 subscribers, the complainants re-ceiving therefor $5,.630. The stipulations between the complainantsand subscribers on which the books were issued were that the bookdelivered to each subscriber was a loan, and was not sold; andthat, if any copy was found in any other hands than those entitledto use it by permission of the complainants, the publishers mighttake possession of it, and thus all rights to its use by the subscriberwould be annulled. The bill complains of infringement, and thepresent issue comes on an application for an interlocutory injunc-tion.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 ques-tions whieh could be raised on demurrer. We are disposed to yieldthat proposition, because, certainly, the court will not grant an in-terlocutory injunction on the face of a bill which it sees clearly couldnot be sustained on demurI'er. The respondent, however, makes butone proposition which can properly be called a "proposiFion of law."He claims that, by reason of the special restriction on the use of thebook to which we have referred, there never has been a publication,and that, therefore, the rights of the complainants are at commonlaw. and not under the statutes, so that this court has no jurisdic-tion of this suit, both parties being citizens of Massachusetts. Itshould be said in this connection that, while the nature of the useof the complainants' book was sought to be limited in the mannerwhich we have explained, there was no limit placed by the com-plainants on the extent ,or number of persons to whom the book
730 75 FEDERAL REPORTER.
might be distributed under the conditions which they had pro-vided. Though adapted specially for persons engaged in the tradesof which we have spoken, yet even these are indefinite in number,and there is no evidence that the circulation was intended to belimited to them. In any view, it might be difficult to sustain thisproposition, because, as the statute now stands, an author is com-pelled to complete his title to his copyright before publication, sothere is at least one point of time, although it may be a very minuteone, when the author, who has entitled himself to a copyright, isalso entitled to look to the statutes of the United States for protec-tion, notwithstanding he has not published. Indeed, it may well bequestioned whether the mere fact that one has not published, andthe consequential fact that he has a remedy at common law, deprivehim of a concurrent remedy under the statute in the event that hehas complied with all its requirements for obtaining a federal copy-right. However, we do not rest the case on this point, because weare 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 circu-lation of manuscripts, or of printed books, and yet it was held thatthe common-law right of the several authors was preserved. Scrut-ton on Copyright is far from precise on this topic, and it cannotbe ascertained from what the author says that he intended to laydown a rule which meets the present case.• The instances where theprivate circulation of manuscripts and printed books has been heldnot to amount to publication are so essentially different from thecase in hand that we need not delay to point out the distinctions.Neither party has referred us to any decision covering this proposi-tion which we regard as of authority in this court. Coppinger onCopyright (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 therespondent from Scrutton. On page 117, in distinguishing the ef-fect of a private and gratuitous circulation among friends, he says:"The distinction is in the limit of the circulation. If limited tofriends and acquaintances, it would not be a publication; but ifgeneral, and not so limited, it would be." Again, on page 119, hesays: "To constitute publication, it is necessary that the work shallbe exposed for sale or offered gratuitously to the general public, sothat any person may have an opportunity of enjoying that for whichthe copyright is intended to be secured." It is to be noticed that inthis last cita.tion the learned author expressly refrains from limitingthe method of disposing of the publication to that of sale, andenumerates no elements necessary to constitute publication beyondthose which exist in the case at bar. In Callaghan v. Myers, 128U. S. 617, 646, 656,9 Sup. Ct. 177, it appeared that, under the stat-utes of the state, the reporter of decisions, who claimed the copy-right in that case, was required to supply to the secretary of statea certain number of copies for purposes expressly provided by law.The supreme court held such delivery to constitute publication, un-der the copyright statutes, although it did not appear that any copies
LADD V. OXNARD. 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 copiesof a book was under special limitations would not prevent the de-livery from constituting a publication, provided the delivery insuredthat the public, or an indefinite portion of it, should, without furtheraction 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 suchas is claimed by him in this case. The determinations of variouscourts that, under some circumstances, the delivery of lectures, orthe representation of plays, to such of the public as may attend, donot constitute publication, must be regarded as rather of an in-cidental character, arising undoubtedly to some extent from tender-ness for authors, and not establishing any general rule. So far asconcerns the interests of the public and the general policy of thecopyright statutes, this case stands in all respects practically thesame as though the complainants' publication had been sold by un-restricted titles; and there is no substantial reason why, if the com-plainants had not obtained copyrights, they should now be pro-tected against infringers.The respondent raises three issues of fact: First, whether the
case shows that the advance copies were seasonably deposited inthe mail for the purposes of the copyright statute; second, whetherthe complainants' work was of an original character, and otherwiseof such character as might be copyrighted; and, third, whether therewas infringement.The first issue of fact involves a question not of substantial merit;
and as it is beyond doubt that the complainants did forward advancecopies so early that the respondent could not possibly be prejudicedby any alleged delay, the court ought not to require on this pointany very direct urool. It is satisfied that the balance of probabili-ties, 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 ef-fected partly by interviews with gentlemen in the trade, but morelargely by correspondence with attorneys and gentlemen of thetrade at various points throughout the United States and Canada.It is well settled that compilations of this character are protectedby the copyright statutes, even when they involve only industry,and no such degree of originality as is expected from authors ofrepute. Indeed, the quality and grade of original work requiredby the courts under the copyright statutes are very moderate. Thisis explained in Callaghan v. Myers, already referred to, 128 U. S.617, 659, 660, 9 Sup. Ct. 177; and other late decisions of an inter-esting character in the same direction are Lamb v. Evans [1893J 1Ch. 218, which was a case of a mere trade directory with a classifi-cation of advertisements, and Leslie v. Young [1894J App. Cas. 335,which was a case of a pamphlet containing information concern-ing railroad train service in a particular locality. We are satisfiedthat, on this point, the complainants make out a clear case, so faras the evidence now stands.
732 75 FEDERAL REPORTER.
As to the third issue, on the matter of infringement, we are alsosatisfied that the· complainants have made out a very striking andstrong case on the proofs as they now stand, notwithstanding thesworn denial of the The evidence bearing on that propo-sition is very much of the character described by the supreme courtin Callaghan v. Myers, ubi supra, at pages 660, 661, 662, 128 U. S.,and page 177, 9 Sup. Ct., with some additional peculiarities afford-ing inferences which are quite irresistible. We deem it proper, onthese propositions of fact, not to state our views at length, becausethe same questions may come before us hereafter on final hearing,with additional proofs which may require a revision of our presentfindings. It is sufficient to say that, as the case now stands, on allthese issues of fact, the proofs are quite as strong and convincing asare ordinarily required by the most careful judges in order to estab-lish a right to an interlocutory injunction. Where so large a propor-tion of a copyrighted book is plagiarized as in the case at bar, nodiscussion is needed, in response to the proposition of the respondentthat there was work done by him which was additional, as well asin 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 bythe respondent, even if established, are too disproportionate to di-rectly affect the case in any substantial matter, or to have weightas 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 awrongful act will be irreparable, found in Parker v. Woollen Co., 2Black, 545, 551, covers cases "where the loss of health, tbe loss oftrade, the destruction of the means of subsistence, or the ruin ofthe property must ensue." The reasons for equitable interference inpatent, trade-mark, and copyright cases are brought within this defi-nition by the words, "the loss of trade." This, for reasons easily un-::lerstood, involves injuries which it is impossible to compute by anyrule 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 ju-risdiction to grant an injunction by final decree, it has, of course,jurisdiction to grant interlocutory injunctions, though there are ad-ditional conditions of a peculiar character under which injunctionsof an interlocutory nature may be granted, even though final reliefis not asked for. The real basis of interlocutory injunctions is themaintenance of the status quo, as was pointed out by Judge Goff,speaking for the circuit court of appeals for the Fourth circuit, inBuskirk v. King, 18 C. C. A. 418, 72 Fed. 22, 25. When the result issimply to preserve the status quo, it may well be said, as was statedin 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 de-cree in his favor on final hearing, and it sometimes happens that heultimately fails to secure the relief asked for, while, nevertheless,
LADD V. OXNARD. 733
the granting of the preliminary injunction was eminently proper."To the same effect is Jensen v. Norton (decided by the circuit courtof 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 donot ordinarily preserve the status quo. On the other hand, as itmight happen in the case at bar, they sometimes operate to suspendtemporarily the entire establishment or business of the respondent,and sometimes to so break them up as to result in permanent de-struction. Therefore, in cases of this character, it has not ordinarilybeen sufficient merely to bring a complainant within the rules statedby Judge Goff, but, in additiJn thereto, the court ordinarily looks,for support of the complainant's case, either in long acquiescence bythe public, or in some prior adjudication, or in some other specialmatter. Philadelphia Trust, Safe-Deposit & Ins. Co. v. Edison Elec-tric Light Co. (decided by the circuit court of appeals for the Thirdcircuit) 13 C. C. A. 40, 65 Fed. 551, 553. When, however, the caseis so dear and strong as presented here, the complainant is usuallyentitled to the help of the court pending litigation, and usually heobtains that assistance by the way of an injunction.But the law vests in no other individual holding an official posi-
tion, whether executive, legislative, or judicial, a power more ex-tensive, and more capable of evil, as well as of good, without de-fined rules either as to the law or the facts, than that which a singlejudge is so often asked to exercise in the manner asked in the case atbar. In view of this fact, and, further, in view of the 'Varying andinconsistent expressions in relation to the proper occasions for ex-ercising this power, the only true safety is in saying that a tem-porary injunction ought never to be granted in a 'case of new im-pression like this at bar, if it be possible to effectuate justice in anyother way. The fact that the act establishing the circuit courts ofappeals has somewhat relieved the anxiety of the courts of the firstinstance, asked to grant interlocutory injunctions, by giving a sum-mary appeal, does not change our duty in these particulars. Thecare which judges and courts should exercise in using this summarypower was suggested in the concluding expressions of the supremecourt in Barnard v. Gibson, 7 How. 650, 658, expressions revived bythe circuit court of appeals for the First circuit in Marden v. Manu-facturing Co., 15 C. C. A. 26, 67 Fed. 809, 813: This was furtherillustrated 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 agreedto support, in all respects, the policy of the seventh section of the act estab-lishing the circuit court of appeals, so far as practicable to do so, and toavoid closing the business of any defendant in a bill in equity by an inter-locutory injunction, whenever an appeal is taken and a bond maybe allowed, except in peculiar cases where justice clearly requires otherwise.But for this, a single judge, sitting in the circuit court, might, under somecircumstances, do as much mischief as though no appeal had been prOVidedfor 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 75 FEDERAL REPORTER.
order. The respondent is not charged with attempting in any way topass off his publication for that of the complainants. Indeed, notonly the title-page and the short name given the respondent's book,but also its size and style of binding, prevent any probability of onebeing mistaken for the other. There is, therefore, no threatenedinjury to come from a counterfeiting of that character; so that wecan apply the fact, which is matter of common knowledge, that pub-lications of this peculiar character rely for their acceptance on thereputation of the compilers and publishers, and the circulation ofthem must ordinarily be the same whether protected by copyright ornot. The court must therefore presume that, while the respondent'spublication might obtain some circulation for which he may be liableto account to the complainants in the way of profits, yet such cir-culation would probably be in addition to any which the complain-ants would secure, even if they maintained a monopoly, and, conse-quently, not of such character as to cause them a substantial lossof trade. Therefore, in view of the lack of positive evidence of anypending irreparable injury, and, further, in view that, with refer-ence to any claim of threatened injury, the complainants rely on thepresumptions ordinarily arising in cases of this character, which pre-sumptions are quite overcome by the peculiar circumstances of thecase, we think a conditional order will accomplish all the ends ofjustice 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 theclerk, in the penal sum of $2,000, conditioned for the payment otany sum, except costs, which may be finally decreed against the re-spondent 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 ad-
mit the sufliciency of the plea, and it is contrary to equity practice topermit 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, theprior adjudication is conclusive, not only as to all matters actuallybrought to the attention of the court, and considered, but also as to allmatters 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, widowof said W. O. Hill. 'P. P. Carroll, for complainants.Roger' S. Greene, for defendants.
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