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"(d) Use, by agreement, of a common trade mark "Timken" in their respective territories, compulsory use of that mark by the foreign conspirators, prohibition against their dealing in products under any other name, and requiring that they cease using the name upon termination of the agreement;

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"It is our interpretation of these arrangements that we are not permitted to sell or ship bearings into or known to be destined to British Timken's territory without paying them a 5% commission, and even under such circumstances our prices must be acceptable to them. We have a mutual understanding with British Timken that on unsolicited inquiries for bearings going into each other's territory that we are at liberty at all times to quote prices representing a 50% discount from American list on standard bearings and pay a 5% commission on the net sale thereof. We insist that all of our men respect our agreement with British Timken and on any unusual cases to consult the Home Office for further instructions."

"Since the time that hostilities broke out in earnest in Europe we have continuously received inquiries emanating from British Timken's sales territory requesting catalogs and prices on our bearings. In many cases we were advised that they had formerly been supplied their Timken bearings from Birmingham, but they now desired to establish an American source of supply in case they could no longer secure bearings from England, and in some cases these inquiries came from British Timken distributors and French Timken agents. We have either referred the inquiries to Birmingham, or if it were a specific inquiry covering a definite lot of bearings we quoted our protective discount of 50% off American list. We have received definite orders from their sales territories which upon being referred to British Timken were turned down at their instructions.

"We do not want to see The Bower Company or any other American manufacturer of tapered roller bearings find a foothold in Australia or in any other territories covered by you, but we feel this will happen on a straight competitive bidding proposition because it is not possible to definitely control *300 the price at which other tapered roller bearing people will sell their products for foreign consumption.

These communications demonstrate that the parties not only sought the preservation of their respective sales fields, but that they supported the agreements by the maintenance of a price fixing arrangements. The protective discount policy insured the parties against competition from each other in replacement bearings. Defendant sold at a 70% discount for export in its own territory, but quoted prices representing a 50% discount from the American list on standard bearings in response to unsolicited inquiries from British Timken's territory.

In addition to dividing the world into restricted manufacturing and marketing areas, maintaining price fixing arrangements, and interchange of discoveries, know-how and inventions to the exclusion of others, defendant, British Timken and French Timken co-operated to shut out the competition of other dealers in tapered roller bearings.

"With this situation confronting us we are going to be bothered by rather serious competition from S K F, and the thought has occurred to us that it may be possible for you to supply bearings for our industrial requirements in Canada. According to our records there is a 15% duty on English products as compared with our 30% and, if you can sell bearings at low enough base prices, there is no question but that we can hold or I should rather say get a big bulk of this industrial bearing business in Canada."

*306 The evidence conclusively establishes to the satisfaction of the Court the assertions of the Government: that defendant, British Timken and French Timken have manufactured and sold during the period from 1928 to date a substantial portion of the world's production of anti-friction bearings and that they have imposed restraints on foreign commerce, by (1) allocating trade territories throughout the entire world each agreeing with limited exceptions not to manufacture or sell in the other's territory; by (2) fixing of prices on products sold by any party in the territory of the other party; by (3) mutual co-operation and assistance to protect each other's markets and to eliminate the competition of outsiders and by (4) participation in foreign cartels which restrict exports by United States producers.

The contentions that defendant stifled or eliminated competition and restrained trade, by exclusively exchanging present and future know-how and inventions, patented or unpatented, and by compulsory use of the trade mark "Timken" by British and French Timken, by prohibition against their dealing in products under any other name, and by requiring that they cease using that name upon the termination of the agreements, will be discussed later in this opinion.

The trade mark may become a detrimental weapon if it is used to serve a harmful or injurious purpose. If it becomes a tool to circumvent free enterprise and unbridled competition, public policy dictates that the rights enjoyed by its ownership be kept within their proper bounds. If a trade mark may be the legal basis for allocating world markets, fixing of prices, restricting competition, the unfailing device has been found to destroy every vestige of inhibition set up by the Sherman Act. The rights pertaining to trade marks and trade names were well known long before that legislative enactment was passed by Congress. It is certain that it was never intended that the consequences of violations of the antitrust laws may be escaped by the licensing of trade marks.

A number of dikes[3] of Belt age, some of which undoubtedly werefeeders to the sill and flows, cut vertically up through the sedimentaryformations. Some of the dikes are less resistant to weathering and erosionthan the rocks surrounding them; consequently their more rapidremoval results in the formation of narrow vertical chimneys or recesseswhich appear as snow-filled chutes on the mountainsides in spring andearly summer. Such a feature almost invariably indicates the presenceof a dike. From Many Glacier Hotel one of these can be seen on the redmountain in front of Mount Wilbur. Another, 1,500 feet high, transectsthe Pinnacle Wall at the outlet of Iceberg Lake. The dike which formsthis impressive chute is less than thirty feet wide. Though not so conspicuousas the sills some of these dikes are of interest because theycontain various ore minerals, principally copper, which today form smalldeposits along their borders. About the beginning of the century thesewere responsible for a short-lived mining boom, the best known vestigeof which is the remains of the mill at Cracker Lake. The old CrackerMine, with entrance now caved in, was driven along a dike which hasa width of over 100 feet.

The company which planted the places next to Cherokeehas broken up. One of the principal investors told me that hehad had his money in it for seven years, and never got acent of interest, and he was thankful to get out of it. Theyhave taken all my best hands, one by one, but they have notsucceeded - did not make money for all that. And this yearthe price of rice has gone down, so that what has beenmade brings only half of what was hoped for.

Am reading Sir Walter Besant's autobiography with interest.While I was in Washington some one gave me a list of books fromthe Philadelphia bookstore, and the reduced prices have made it ablessing. I have been able to get books otherwise entirely beyondmy reach, and it is such a treat.

To-night Chloe came to tell me Elihu is very sick with pain in hisside. I sent her out at once with some tea and milk, a mustardplaster I made, and told her to see it put on. She is always so goodand willing. Though it was 9 o'clock and quite a walk to Elihu'shouse, she went cheerfully. They never have anything preparedfor sickness. There is a great deal of pneumonia about and I wantto take Elihu's case in time. With all his faults he is one of the bestmen on the place.

Having land prepared for turnips, which are a very importantwinter crop for us. The corn and cotton both look very well, alsothe potatoes, and the little amount of rice planted is fine. Theagricultural society of the State hasoffered a prize of $100 for the best results in hay from five acres ofalfalfa during 1906, and I have determined to enter the contest. Iknow I cannot get the prize, but trying for it will make me morecareful in planting and preparing the land. They give very exactdirections and insist on a great deal of fertilizer being used - thatis, what seems to me a great deal, and I never would spend all thatmoney unless I were in a way forced to it by entering the contest. Iam now read ing everything I can find on the subject of alfalfa, andthere is a great deal to be found.

I had had experience of the great liberality of the makers of mypiano in the matter of exchange. During a period of forty yearsmore or less I have had four pianos. Each time that by some goodfortune I felt I might give myself the blessing of a new piano Iwrote to the makers and told them I was sending on the old pianoand wished a new one. They always allowed me a handsome pricefor the old piano. Reasoning from this experience that all greatmakers would act in the same way, I wrote to Boston to say I wassending the organ for repair or exchange, as seemed best to them,and asking their best terms, stating that by this parish there hadbeen bought five melodeons of their make, including two babyorgans. e24fc04721