Cl £dUoru1^i

apestA

A SELECTIVE MICROFILM EDITION

PART III (1887-1898)

Thomas E. Jeffrey Microfilm Editor

Gregory Field Theresa M. Collins David W. Hutchings Elsa Gltelman Leonard DeGraaf Dennis D. Madden

Mary Ann Hellrlgel Paul B. Israel Robert A. Rosenberg Karen A. Detig Gregory Jankunls Douglas G. Tarr

Reese V. Jenkins Director and Editor

Rutgers The State University of New Jersey National Park Service, Edison National Historic SI New Jersey Historical Commission Smithsonian Institution

University Publications of America Bethesda, Maryland 199 3

Edison signature used i

Thomas A. Edison Papers

Rutgers, The State University endorsed by

National Historical Publications and Records Commission 18 June 1981

be reproduced, ^stored0 fn ^rehleva^syslem 'or Iran! ’T"’0" °f 'r^ 8Uide a"d indeX °r °f the microfilm may mechanical, or chemical, including photocopying, recordtag’orTapinToMrfoLT3"5-8”'’1^' ?eCtr0nic' systems-without written permission of Rutgem, The State University, New^Bnln^S^jS?6 re‘fieVal

New jemet ^ ^ ^ ** the Edis°" National Historic Site at West Omnge,

v-upyngm <!

uy

ISBN 0-89093-702-8.

THOMAS A. EDISON PAPERS

Reese V. Jenkins Director anti Editor

Thomas E. Jeffrey Associate Director and Microfilm Editor

Robert A. Rosenberg Managing Editor, Book Edition

Helen Endick

Jryjankunis

BOARD OF SPONSORS

Rutgers, The State University of New Jersey

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

New Jersey Historical Commission Howard L. Green

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

EDITORIAL ADVISORY BOARD

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

CORPORATE ASSOCIATES

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

•Deceased.

FINANCIAL CONTRIBUTORS

PRIVATE FOUNDATIONS

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

PUBLIC FOUNDATIONS

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

PRIVATE CORPORATIONS AND INDIVIDUALS

Alabama Power Company Amerada Hess Corporation Anonymous AT&T

Atlantic Electric

Association of Edison Illuminating Companies, Inc.

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

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

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

Iowa Power and Light Company

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

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

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

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

A Note on the Sources

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

PUBLICATION AND MICROFILM COPYING RESTRICTIONS

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

1890. Phonograph - Automatic Phonograph Exhibition Company (D-90-52)

This folder contains correspondence and other documents relating to the business of the Automatic Phonograph Exhibition Co., which was organized to promote Edison’s coin-operated phonograph. Also included are documents about the technical development of the coin-operated phonograph and about the company’s lawsuit. against the North American Phonograph Co. Many of the letters are by Felix Gottschalk, president of the company. Some of the material may be partially illegible due to water damage.

Approximately 50 percent of the documents have been filmed. The following categories of documents have not been filmed: letters of transmittal and acknowledgement; routine business correspondence concerning stock transfers and company meetings; duplicate copies of selected documents.

/

Tel egr an received from Mr. Kdison.

3* Tate, Charlotte H. C. Fob. IS, 1890.

Find Louis Glass and have him see Major Hat on, who Tri.ll give information about Choever and Gilliland.

Get a list of all Phonograph Companies and write them that in the course of a month I shall be able to furnish nickel in siot attachment at factory prices, and they need not pay large price to out¬ side parties, if they desire such a device. See Lippincott about this before you do so. This to head off the Che over -Gilliland deal. Perhaps Lippin¬ cott has the right to prevent Cheever. If so, he bettor do it, or there is trouble ahead for every¬ body.

32 D,i I S

~\

0 N,

Dear Tate- New York City» February 17, 1890.

Did I tell you that Edison says he does not want his name used in Cheever's Company? lie wants Gilliland's name*' caken out altogether, but does not consent to have his own’ ased and prefers that it should not be. .

THE WESTERN UMIOHI TELEGRAPH COMPART *

^Central Type Foundry,

jz^zPiZ 5~

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cP~-^y $£r

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Thomas A. Edison, Esq.,

Orange, New Jersey.

Dear Sir:

Re A. P. E. Oo. We send you herewith, for your files, original agreements, duly executed by all the parties, as follows i

(1) Agreement between Thomas A. Edison, Jesse H. Lippin- cott, Thomas R. Lombard, -the North American Phonograph Company, lewis Glass, Exploiting Company of California and Automatic Phono¬ graph Exhibition Company, for assigning inventions and patents dated April 19th, 1890.

(3) Agreement between same parties ani Charles A. Oheev- er and Felix Gottsohalk, for pooling the stock of the A.P.E.Oo., dated April 19th, 1890.

Kindly acknowledge the receipt of the same, and oblige, Very truly yours,

f)P£C

PLEASE ADDRESS REPLY TO

16 & 18 BROAD STREET.

44 WAT, I, STREET,

York, . . SeptentoerSyd, JSft

A. 0. Tate, Esq,'

Edison laboratory .

Orange, n.J.

Dear Sir:-

X have yours of the 30th, with relation to the size of the cabinet for the Nickle-in-the-slot, machine and the

question of accommodating the Edison Leland battery in by the cabin /uh~-

X would o& liked to have sent your letter on to Mr.Gottschalk but it is not of the character that i can very well send to him as of course you have written it entirely to myself.

Would you please write me another letter setting forth the

whole matter and bearing in mind that t want to send the whole lets, -ts~ *

ter on^the Niokle-in-the-slot Co.

I will take thid matter up in connection with the negotiations for the Phonograph Works to go ahead making the apparatus.

Yours truly,

Z7

7TUT07WTKTIC PHONOGRAPH EXHIBITION CO.

13 PARK ROW,

Mr. Thomas A. Edison, Orange, N. J. Dear Sir:-

. PMoMr...lO*h,._

I beg to inform, you that a certificate for 5500 shares of the Automatic Phonograph Exhibition Company is at your disposal as soon as you can call at the office and receipt for same.

This terminates the ppoling^^April 19th, 1890.

Respectf uLly ycrnrs ,

^ ~7 G | r'

; r, , *2- K

n ^ L

r

Automatic Phonograph Exhibition Co.

-

13 PARK ROW,

. October . 11th. .

from the -

| P HO NJ 'O GRAP.H.)

fit'

Mr. A. 0. Tate,

Orange, N. J.

My dear Mr. Tate

Referring to your enclosure of yesterday, I am anxious to see both Mr. . Edison ,and; yourself ori: this and other'.' matters connected with the automatic business, and ij£ convenient-/ please telephone Monday morning when it would suit ycta b«jBt '$o see me at the Laboratory. ' Can got away Monday afterrioon'„or TuesC day morning. .* K < ;r "j U * " r

Yours truly.

J, i eT* \

In regard to the manufacture of Nickel Slot, attachments for use in connection with the phonograph, the agree¬ ment between the Automatic Phonograph Exhibition Company and the Edison Phonograph Works , of the 19th of April, 1890, 5th section, requires the Works to prepare a model at the expanse of the Auto¬ matic Company, according to the best judgment and skill of Thomas A. Edison, together with a duplicate of the said modal.

The proper way for us to start under this agreement is to •; carry out the obligation thus imposed and get a speedy decision on a permanent model. We have no right to wait for the Automatic Company to supply a model, and they liave absolutely no right to, ask us to do so. It seems to me that Gilliland is taking advan¬ tage of this delay to manufacture as mary machines as he possibly can. He has already made at least 300 in excess of the 500 which we agreed he should make, and I believe ha is still delivering.

PTutomhtic Phonograph Exhibition Co.

13 PARK ROW,

•Personal »

A* 0* Tate, Esq., Orange, N. J. Dear Sir:-

Ootober 23rd, . ■/(?$&§

I herewith enolose to yon a statement from the ColnSMMl Phonograph Co. from Sept. 1st to Oct. 15th, showing gross rece|ft§ #2608.51, out of whioh our Oonpany receive only as our share tf the net profit during the six weeks #219.65.

i also enolose you a statement of the batteries owned jointly by the Automatic Company and Old Dominion Company, 189 storage batteries costing #2043. You will understand that our Company own one half of these batteries, and that Mr. Edison is interested to the extent of one quarter of what we own.

I also enclose you a letter dated Oct. 8th, in reference to nmsioal cylinders, and a circular sent by the Hartford Model 0o» to the various looal Phonograph Companies offering to furnish Automatic Slot machines. After a careful perusal of these papers would you kindly hand them to Mr. Edison and call his attention to these matters. As he is the largest personal stockholder, Z think it is no more than right, that Mr. Edison should assist US to the fullest extent possible in asserting our rights in these various matt era and bring them to a head as quickly as possiMs*

A. 0. T. (S)

Alloir ms to suggest to you that an automatic register, or bell attached to a set of your batteries by which the user could be informed when about the battery is giving out,, say within five ' hours, would greatly enhanse the value of your battery, I should think Mr. Bdison would have no difficulty in invent i** a devioe of this kind for you.

Any time you are in the city we wish you would take the tg|f$ to call in and see us.

Respectfully yourB,

[ENCLOSURE]

MONTHLY STATEMENT. Sept. 1st, to Oct. 15,90# COLUMBIA PHONOGRAPH ' COMPANY,

in" account with,

AUTOMATIC PHONOGRAPH EXHIBITION COMPANY.

OR.

DR.

months rental Phonograph at $40. per annum.

ToiMisc. Expenses including music. . " $795.21

. " Placing and caring for machines. ' 705.96

. " Commissions. 268.81

Batteries, ' ; 247. S3

TbtalyAm't of. expenses to Oct. 15th, $2074.31

2606.51

2074.31 2 j 532.20

266.10 due each Qp 46.45 freight due Automatic Co. 219.65“

1/2 Net Profit to Auto. Phono. Ex. Co.

l/2 Net Profit to Phonograph Co.

Us*. :

Total receipt^ to Oct, 15, ,1890.

$219.65

$260.10

[ENCLOSURE]

(COPY)

ROANOKE, VIRGINIA. ,

OCTOBER 18, 1890.

STATEMENT 03? BATTERIES CHARGED TO AUTOMATIC ACCOUNT BY THE; OLD DOMINION PHONOGRAPH COMPANY, to OCTOBER, lBt, 1890.

« 16 . 16 .'141

Style Oapaoity.

Punpelly . 240 Anp. lira. . Punipelly V 190 Anp. hrs. .' Punpelly .150 anip. hra.

Anglo-Am. » .300 amp. lira. V Anglo-Am. . 300 amp . lira . Potaah .

Price

$12.50

11.50

10.50

11.00

. 10.50

12.50

Ooat .' 200.00 V 184.00 i 1480.50 . , 11.00 . il05?00

_ ^ 62.50

[ENCLOSURE]

- Cer*

THE

HARTFORD MODEL COMPANY.

Manufacturers of the Hartford Model Hiokol-in-thc-Slot Attachments for Phonographs.1-

Hartford, Conn.

-Hartford, Conn'.Sopt .80,00.

Minnesota Phonograph Co. ,, ;i

Minneapolis, Minn. | » 15*

•Gentlemen:- * & £ ■'* £ V

Wo desire to call your.rattentfon to the “Hartford i Model." nick el-in-the-slot attachment, manufactured"- by ‘this' Com¬ pany for iis e with the phonograph v jjf / f'. ~ e

This attachment is simple in cons ^Sniot'l on“ purely, automatic in action, is compact, neat,; and reliable, lit requires' no pre—

paratory change or alteration in the phonograph arid can be attach¬ ed or removed in the space .qf a few? minutes and with but little trouble . It is entirely mechanical’ in its! act ion fusing no oleotro-magnots or- delicate,, adjustments, wj-ill /serve tpr any , length of cylinder, is nicely nickel plate’d arid makes'^ beauti¬ ful and attractive addition to the Phonograph., All that as nec¬ essary to operate the mechanism islithe dropping of a nickel in the tube- the attachment 'and phonograph do the rest . ;?The£ act •) on of t.ho attachment is also plainly seen, which ^contfi but esc' mater¬ ially to the interest and consequent profits of the automatic phonograph. The nickel arrangement is unusually prompt, reliable and satisfactory and the combination makes the simplest and best ,■ attachment of the kind now on the market .

We are prepared to make contracts i^ith your company for the uf? of .Model" on the most advantageous terms. 'W@‘ will rent or- sell you -the machines, or, if you prefer, will take charge of the. business in your territory, leasing phonographs from your company on such terms1 as may be agreed upon. Wo require no exclusive contraot and make no extortionate demands and we be- •7? 1'® oonpfmy can derive a great, er profit from, this phase wavth0' bll°in0SS by th° US® °f °lU> Rttacl™ents than ' in ' any- other

idle profitable nature of the business is probably already known to you and wo should be pleased to assist you in its de- I?/0™' torritory- If!?™ have as yet, made no con- 1™°** °f this nature 'we will submit for your consideration our methods of work. i.

Hoping to “hoar from you at an early date, we remain, Respectfully,

Hartford Model Co.

, , , Hugh R. Conyngton,

. ^ Secretary.

Mutomhtic Phonogrhph Exhibition Co.

Mr* Thomas

Orange, N. J, Dear SirJ-

13 PARK d 1

A. Edison,

October 25th, . Sty 3 *

We are now testing an improved Automatic Slot ine in connection with the Phonograph, and during this coming weofc expect to have another model which we will also test* As sooft 3$ our Company have decided upon the standard he oh ine we think mH|f able to put out in use, we will see that you have a model fljf $$$ same without delay*

In the meantime, we understand you are experimenting in th$£ direction on your own account, and would kindly request you bear in mind the:, fact, that we have about 750 oabineta not negflg and about 250 under way making about 1000 all told; and if ygg gj ft possibly do so, we wish that any experimenta you make in thin may be -made in view of using the oabineta we now have out in tfllOf a sample of which you have in your factory*

Respectfully yours.

Automatic Phonograph Exhibition Co.

.?■

Mr* Thomas A* Edison Orange, N. J.

Dear Sir:-

PARK ROW,

. Qctofaeracth, . Scffint

ited to and transcribe

Enclosed please find copy of a oircular letter unde# date of Ootober 24th from the Hartford Model Company, alBo oopy of letter from the Nebraska Phonograph Company, whfoh we presume have been sent to all the local Phonograph Companies*

We are convinced that circulars of this description will do our Company harm in many ways, and steps ought to be taken to counteract the effeots of this circular* ?

Respectfully yours.

[ENCLOSURE]

(COPY)

THE '

HARTFORD MODEL COMPANY.

Hartford, Conn.,' 'OotV 24, 1800.

Gentlemen:- . o

Hearing that you had aTlreacfy nt-ide a contract for

machines, we did not expect to hear from you. We' sliali Boon have men on the road with machines and will- give'- yoir an 'opportiniity of Judging of their merits. ■"'l’ •> c--.'.

The Directors have decided to sell ihb'machinbs ^itright;1" - cash on delivery, thus avoiding the many' 'coc* lio&Jbns 'and "obnox- ' ious1 obligations incident to renting*' aividi'ng'i?rofits, !btc^l>' ;

We can easily shov; t int our machines' are the simplest and ' best, and hope soon to give you a practical demonstration of t iks t Yours truly, '

(signed) Hartford Model Co.

[ENCLOSURE]

(COPY)

THE NEBRASKA PHONOGRAPH COMPANY.

Omaha, Nob. Oct. J34, 1800.

I herewith enclose you photographs of a multiple-tube attachment for the nickel-in-th e-slot . The photographs show two tubes. Three, four or more may be used, but probably two tubes in addition to the one already used would be ampler Photograph No. 1 Shows the air tight valves closed, so no sound at all is conveyed through the tubes. No. B. shows. the valves open ready for two persons to listen. 'A nickel passing through the slot opens the valve. It requires one nickel to open oaoh 'valve. The valves are closed by the carriage as it returns, it is exceedingly sim¬ ple and a sure worker, and it can be placed on any nickel-in-tho- slot machine. It is held in placo by body screw of phonograph.

It is thought that this device will double the earnings of the nickol-in-the-slot phonograph. It is proposed to furnish this device complete (two tubes); for five cents per day, or §1.50 per month, payable monthly, contract to continue for one year. Ordors can bo filled in about twenty or thirty days. We will bo glad to receive your order for as many as you think you can use to advantage.

Yours truly,

(signed) E. A. Benson,

, 0.

||i ill iillljp

* HUJOMHTIC PHONOGRHPH EXHIBITION CO.

13 PARK ROW,

Mr. A. o. Tate,

. . Npve^er gjpd, _ .

Herewith I hand you the number of machines in ope: ation held by the respective Phonograph Companies:- ;;

New York Phonograph Company 140 mchines

Hew England Phonograph Company 60

Hew Jersey Phonograph Company .45 *

Old Dominion Phonograph Company 139 Vy

.Columbia Phonograph Company 136 * \

Ohio Phonograph Company 05

Georgia Phonograph Company . ,17'- §

Kentucky Phonograph Company '40 ' * ^ \

Florida Phonograph Company ' /$£.

Minnesota Phonograph Company 25 *

Montana Phonograph Company 25 »

Alabama Phonograph Company 39 _

Yours truly,

hcZtj g_t UZ- ^ Ce>^

v

r?~tfcr

lxU ^

f-' ""■*--

Cn-^fir . ^(X^ZZ^JL -f--^

J~(f ~ 0 i-w. ^ <2=^-

< e J)r - "■- -t- £ie.t-c^f~ C"' v

. lU-n_n.fi i^->-aaJ<*

<*£ j

> (r^

KUT07CHTIC PH0NOGR7TPH PyHiRTTimiM

Unless' you hear . to the contrary from me you may expeot

at the Laboratory next Wednesday afternoon about 2 o’olook. We are rushing the working model of the iuproved . Slot attachment, and I hope to ship the same to you some day this coming week.

7/e have the multiple tube machine of Mr. Glass at our office . This is an automatic four-way tube machine working electrically by simply dropping a nickel in the slot. If the sane can be„ of any service to Mr. Edison, in case he contemplates raking an automatic machine, I am sure our Company would only be too glad" to ship the same to your Works.

Yours truly,

Automatic Phonograph Exhibition Co.

13 PARK ROW,

. .N.Q.Ye.Pib.e.g.....3,.g.t.b.4

Mr. A. 0. Tate,

Orange, N. J.

Dear Sir!- < »

We are in receipt of yoitr telegram as followsj- "Please send oabinets to Laboratory by express to-day sure®, mid beg to say, that the oabinets will be shipped ^by express to-day or to-morrow.

Res dur s.

Enclosed please find Minutes of the last Trustees' meeting duly signed by the Commodore and myself. Would you kindly look over the same and if correct, send them with a few lines ' to Mr. Insull and secure his signature and have him return the same to me. As he was not present at the last meeting and you were his substitute, I think it best to have him sign the Minutes of the proceeding.

You no doubt received a circular from Mr. Price regarding the lecture on Thursday evening next at the Electric Club to be . delivered by Professor Hioolls of Cornell University on the "Artificial Light of the Future! As this promises to be a very interesting lecture and no doubt would be worth listening to, I thought perhaps you might find time to come over 'if you have noth¬ ing better to do. If so, I will meet you Thursday evening, art we can have that promised dinner together, at the Club and then listen to the lecture* Perhaps if Mr.. Edison has nothing better to do he might join yotm.

I expect a woricing model of the new attadhirent by Thursdayor

Friday, so in case you can find time to oome over here Thursday tov/ards evening, I may be able to shew it to you. I intend bring- ing the same to the Faotory by the end of this wdel^ if Mr.

Edison iB at home. By. that time probably the Niak el-in-the-Slot machine which he is new constructing may be ready.

Edison General Electric Co.

OFFICE OF SECOND VICE-PRESIDENT.

CONFIRMATION OF MESSAGE.

1,1 Mould be checked with the original n

Xante of Pet-eon Receiving.

Miss .Main s 11,.

. 1 1/20 .

From whom received. To whom sent.

Mr A. 0. Tate, Labratory.

Mr Samuel Insull, Secorid Vice President .

X sent yesterday , to the Nickel & Slot Company, the following letter

11 Dear Sir:- Referring to the contract between us, dated the I9th day of April, 1890, and more particularly to the 5th section thereof, X hereby notify you that Ihave made a complet model Slot machine and a duplicate of the same, which is to be known as the Standard Slot Machine Phonograph,

I am prepared now to carry out all the provisions, of this arrangement pertaining to manufactures.

The fith section provides for delivery at a rate not to exceed 15 machines per day , to be regulated from time to time upon 30 days notice .

Please advise me where to deliver your duplicate model V Yours truly,

( Signed ) Thomas AEDISON"

Mr Gotts chalk is with me now inspecting the new model,

In regard to PhonograpWks letter to North American Company I

o sign.

will S(

Eaton and obtai'

draft of letti

for you ti

&sjJc'r-rj-4-tC

cJ&uM^<mA November 21st. 1890.

My dear Sir :

1 am in receipt of your favor of yesterday, sug¬ gesting that during the absence of Mr. Lippincott I shall act as E DireCt0r °f The Automatic Phonograph Exhibition Company, and in reply would say that I shall have no objection to assuming the du¬ ties, provided such an arrangement meets with the approval of Mr Lippincott. I will confer with him on the subject and write you further in a day or two.

Thomas A. Edison, Esq.,

Orange, N, J.

/•’/pM) &t-i . '"V*-

Dictated.

November S5th. 1890,

My dear Sir :

Further replying to your favor of November 20th, on the subject of myj arranging to have myself elected as a Director of the Automatic Phonograph Exhibition Co., would say that I am in¬ formed by Mr. Idppincott that he will be very glad to have me join the Board to fill the vacancy now existing and for which it is un¬ derstood he is to nominate a candidate. He seems to think that, upon this being done,it will not be necessary for his resignatiol to be tendered.

Mr. Lipp'incott will at once transfer to my name 100 shares of the stock of;, the Company and when this’ is done I shall be qualified for election, if you approve. «

' Yourfl veyj truly , ?'

Thomas A. Edison^ Esq., Orange, N. J,.y

Referring to the tender of the Automatic Maohine made to this Company last week by you, we would ask if the invention of Mr. J. F. ott of Orange, N. J. is the one you intend using in connection with, the* phonograph, and if this invention is the one. that you tender to this. Company* In other words whether Mr.'.

Ott '8 application belongs i o the Automatic Company or' not. $9 5 >"

need this information so as to. know how to file our answer re- garding the interference of Mr'. Ott with several of the appli- *

cations owned by this Company. •; S 1 •/

£*tub' p»- 1

EATON 8. LEWIS

U £

/2 f'K /iy -p as/w

'CM!/ ( ECJU 'TAB LE B U ! LD I N G )

vW/’O.y^

&t9?yf/Wp.r. .'

Thomas A. Edison, Esq.,

y\

Dear Sir: '

. Re Parents and Applications of Automatic Phonograph

Exhibition Company. Enclosed please find a carbon copy of mv re¬ port of the 1st inst. to this Company on the present status of theii patents and applications.

I call your attention particularly to what I say about John Ott near the middle of page eight.

I send yr ' '

this rep_.

is going on. P-tease return it to it, and oblige,

Very truly your

~V v; . .--a

' >. f ■-*- - i '■>

i order that you may know what after you are through with

fS

L. . .o

[ENCLOSURE]

/, 'ry o «

[ENCLOSURE]

Hesr York City, Decenber 1st, 1890.

Automatic Phonograph Exhibition Company,

Felix Gottsohalk, Esq., President.

Dear Sir:

Re Pending Applications for Patents and Patents and Assign¬ ments thereof to you.

I bog to submit for your information the following statement of how these things now stand:

(1) on October 15, 1890, I sent to the Patent Office for re¬ cord, assigments from the Exploiting Company to you, of patent Nos. 438,750 and 428,751, and of application for patents of Glass and Arnold, filed Feb. 15, 1890, serial No. 340,027, for joint inven¬ tion for Numis Motor Phongraphs, On October 25, 1890, I received from the Patent Office notice that these assignments had been re¬ ceived, and that they would be recorded in due course. No doubt the Patent Office will return the said assignments to me within the next week or so. But you can consider the assignments as hav¬ ing boon duly recorded as of the date when they were received by the Patent Office.

(24 In. addition to the above two patents and one application, you are interested in three other applications, as follows:

(a) S. H. $40,687, joint invention of James F. Gilliland and A. K. Keller, application for patent filed in the Patent Office Fob. 17, 1890. This invention, the whole of it, was originally assigned by tbSse two joint 4nve3K&nB, to Ezra T. Gilliland on Jan 31, 1890, which was before the application was filed. Th>v*tt|fcd

[ENCLOSURE]

Gilliland on Fab. 10, 1890, assigned the whole of the same to you, which was done sIbo before the application was filed. Under the rules of the Patent Office the aforesaid two assignments c-ould not be recorded, because they failed to state the date of the filing of the application. In fact the application was filed after the assignment of the invention. In order to cure this defect, a new assignment ( to take the place of the old one made on Jan. 31,1890, as aforesaid) was made by James F. Gilliland and Albert K. Keller to Ezra T. Gilliland, by written instrument dated November 11, 1890. Unider dA"tO“ of Nov. 14, 1890, the said Ezra T. Gilliland made ah new

assignment ( to tako^he^ place of the aforesaid assignment of Feb. 10, 1890) to you. Hte^two last named assignments are now in my

possession, and I shall forward them at once to the Patent Offico for record, viz: Assignment a of Nov. 11, 1890, from James P. Gilli¬ land and Albert K. Keller to Ezra T. Gilliland and Assignment of Nov. 14, 1890, from Ezra T. Gilliland to you, both assignments re¬ lating to serial No. 340,687. This will give you a complete title to the whole of these applications and will result in the patents when thoy are allowed, boing issued to you, as assignee of the in¬ ventors.

£/v Wojjr

(b* S&M52S& invention of Ezra T. Gilliland relating to im¬

provements in automatic locking and releasing devices. This applfc cation has been allowed and Mr. Kiddle is about sending final fee to the Patent Office in order that the patent may! isSue at Once. This assignment was originally made for the whole of the invention, by instrument dated Eeb. 10, 1890, but in consequence of the date of the application not having been mentioned in that assignment, because the application was really filed after the application was made, a new assignment has been executed by Mr. Gilliland under

^at0 of * 1890 Mr* Kiddle will forward this assigment, to the

tot

Patent Office at once, when he sends the final fee as aforesaid.

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•« =x latesta-dine Of the tatter 1. ,tot the p.teht .in ierao

in your name aB assignee of the said Gilliland.

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(c) S.N. U&ppps., application for patent filed March 6, 1890, joint invention of Prank W. Toppan and K^ra T. Gilliland, for attachments for automatically operating phonographs. The said Toppan owned one half of this invention, and the said Gilliland owned the other half. The latter half was sold by Mr. Gilliland to the North American Phonograph Company, which, X believe, owns it, and holds the title to it. The said half of Mr. Toppan wan ass¬ igned to you by instrument dated Feb . 10, 1890, now in mjV possess¬ ion, but inasmuch as this instrument does not contain date of fil¬ ing application, Which was really at a X^date, March 6, 1890, a new assignment must be made by Mr. Toppan to you. This document has been drawn and is now held by Mr. Kiddle awaiting Mr. Toppan's return from Europe when he will execute it and it will then be. re¬ corded. i should here state that as regards this assignment and the one mentioned above, wherein the dates of filing applications were omitted, the assignments themselves are valid in law notwith¬ standing said omissions, but they cannot be recorded in the Patent Office owing to its peculiar rules. This is a matter which merely relates tp convenience of record but does not Effect the validity and legal force of the assignments themselves.

(8) So far as I know, your present interests in patents a«l and pending applications are limited to the applications mentioned *ove in subdivision (2, and to the two patents and one application mentioned above in subdivision (1). But in saying this * shall, put in a saving clause as regards subdivision (1), viz: that owing to my lack of eft definite information touching the applications of Glass and Arnold, I am in some doubt whether their applications to which you are entitled, were five in a-. ^

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But I boliovo that the latter is the fact. To the best of my in¬ formation, Glass and Arnold made three applications for patents, to wit: S.N. 334,196, filed Decontoer 18, 1889; S.1T. 339,069, filed Fob. 3, 1890; and S.N. 340,627 filed Feb. 15, 1890. These throe of the30 applications all became your property. On the first tvfo^ patents havo been granted. On the last' application no patents has yet boon allowed . Does this agroo with your understanding? 1 Ke-

Jlur*-

fee? 1„ it is so.

(4) Referring now to the last named application of Fob. 15, 1890, S.N. 340,627, of Glass and Arnold for inventions for Numis Motor Phonographs, that application has been put in interference with the aforosaid application of Ezra T. Gilliland and Frank W. Toppan for attachments for automatically operating phonographs S.N. 342,875, filed March 6, 1890.

As regards the said application of Gilliland and Keller No. 340,687, three interferences were declared last week, viz. Inter¬ ference No. 14,846 with H.R. and T. Conyngton of Gal vest an and H. Hooschen of Omaha, to an electric oirouit for operating phonographs normally open at two points and closed by the contact of a coin; interference No. 14,847, with the aforosaid Conyngtons, relating to moans for breaking the electric oircdit at the end of the move¬ ment; and interference No. 14,848, withW. S. Burnett, relating to mechanisms for starting and stopping the motor and for a lifting devioe for the arm.

As regards the said application of Gilliland and Toppan, S.N. 342; 875, three interferences were declared last week, viz: Inter¬ ference No. 14,625 with Glass and Arnold, relating to means for holding up and lowering the arm; interference No. 14,842^8Rjf&^S:., Clark of Pittsburgh and E. E. Flora of Chicago, and Glass and

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Arnold, for means for raising tho arm; and interference Mo. 14,844, with John Ott, of Orange, relating to the raised position of the arm and tripping devices.

(5) Referring again to tho interference mentioned above in the first part of subdivision (4), viz: interference between S.N. 340,627 of Glass and Arnold and S.N. 342,875 of K. T. Gilliland and Toppan, there is a question still open which needs attention. Tho subject mattor of this interference is this:

A phonograph comprising a box or case, a phonogram cylinder mounted thereupon, a reproducer, a feed and return mechanism for said reproducer, an armature, eccentrically connected v/ith said food and return mechanism, and a magnet acting upon said armature and adapted to automatically and alternately reverse said mechanism

Tho Patent Office holds that tho foregoing issue is covered by all of the twelve claims of the Gilliland and Toppan application, but by only the first of the fourteen claims of the Glass and Arn¬ old application. Both applications are now owned toy. the same party except as regards certain pacific coast territory. That toeing so, the subject matter in interference can be by consent erased from either one of the two applications if it be desirable to dispose of tho subject in that way, although it should not be erased from the former application because all of the twelve claims thereof would bo affected. If an erasure be made, it from the Glass

and Arnold application, because only the' first of its fourteen claims would be affected.

Why get rid of tho interference by erasure? ^hy not let both parties to the interference file sworn preliminary staten^nts acting up dates of invention, and then let the Patent Office award priority? This last course, is open to the objection that tho actual dates of iwontion would become a matter a-r _ ,,

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in tho Patent Office, and we might possibly have reason to regret much publicity, in the fhturo.

TOiy not have both parties to this interference prepare their final statements, setting forth the actual dates of invention, and lot us then, without filing tho said affidavits in the Patent Office^ ourselves award, so to speak, priority to tho earlier inventor?It seems to me that this is tho best course, because it provides us with a sworn statement of the actual dates of the inventions, which ttay be of value to us at some fhturo time in the event of litigat¬ ion with infringers. Wo have asked Glass and Arnold to supply us with this affidavit, but they are unwilling to do so. They prefer that wo should settle this interference by erasure, by consent, as mentioned above. for some reason they do not wish to puton paper the dato of their invention, and swear to it. Possibly their arrangements with the Exploiting Company^ as aforesaid provedsit to be less remote than was expected. Be that as it nay,