Form CLASS OF SERVICE DESIRED , . CABLE DOMESTIC TELEGRAM FULL 1206 A 1CASH OR CHG RATE ORD? DAY LETTER vs DEFERRED NIGHT MESSAGE CABLE LETTER NIGHT WEEK LETTER ENDO : LETTER Patrons should check class of service desired; otherwise message will be 2 transmitted as a-full-rate (fo TIME : communication. NEWCOMB CARLTON, PRESIDENT’ _ —-s J. GC. WILLEVER, FIRST VICE-PRESIDENT Pa ‘s Send the following message, subject to the terms on back hereof, which are hereby agreed to uly bd ; wy vee U (west Ft ned ¢/o Prank KE, Nebeker, ‘11°0 Tower BildABs» ‘ ourteenthn and < Streets, ‘orthwest, Congratulations letter “ashin House 9,1929 ieteon, PeG, stop Heve from Stoeger is holding four twenty two calibre Trombone violation our trademrk end asking us hes for and we no business world States stop sending thintine © this gun Because have for Rr OWN stop Fabriaque- holding out tmited at veAlpin NewYork ond our release to visit from you will harm. ma in boctlegeri ag letter 4 : res Pifles suspicions Stoeger his | 73 f e release Customs our de no Vee i? « stating you Browning shoteune } FILED { oF Ege 8 Je t 6 New VYark Russel c/o MeAlpin Pe 9,192¢ Browning Arms 1 ? Hotel, 5 Ts Ret Pear Jaly Boot-lee guns Jeet t sent you a wire Alse enclosed is with Stoeger and Customs House » today o/o Mr, Nebeker, Thought this might be an opportune and learn a few things, and at the nection with his as per enclosed copy of letter sent to Jeck the 22 Cal, Trombone rifles automatic shotgun time same for you to time, size purchases, visit Stoeger him up in ¢one cied to bave your wire that the Hearing was over end situation does not lock unusually serious to you, that it do i8 peculiar how many things a person can find he gets eway obeas ions » from had it hapren Am enclosing release pers Stoeger 22 Caliber here, i have Very truly, CODY. in connection held up by the with to ~e guns, the when on once several corr 4 fieF The Brorning Arms » “$oerer , Tne 6 Co., Orde n, Ube he Gant] emer: A sample order of four FPabrique Nationale 22 Caliber Trombme rifles has been held up at the Customs House in violation of your Browning Trade Mart. original Ags a matter of fact the and in the entire the from offer double whose °.%., as barrell shotgunswe heave imported, referred to this gun merely first the as h inasmuc and e", Trombon 22 Cal. "Gearabine a repetition of ink, red with thru crossed were gs Brownin five itema on the list being woulld gun a such of tion importa the we gertainly did net believe that further be contraryto any tride marks in fact we gave the matter no thought the rifle To our wes knowledge, the eutomtie send being us pares up, with the otherwise ered as we domestic be returned nor eny guns the release ef the to see juct how envelope, as this merchendise in view anxious makes, enclosed to the Yer. this we world of this, authorize are in this At any rate, shipper within truly gun, gun imported co-operation and your replyin the sever vould which appreciated, immediate heve you shotguns a letter held greatly to simply es the Trombone. referred this on of corresponderce exchange yours, A,”, request matter will we would four you guns now certainly be this rifle appreciate » few days. Stoeger. Signed, exoe pt thet Ine., 4.". Stoeger. com- your will United States Washington Ps Custom Department, Dee Gentlemen : Ye are fel, in receipt Trombone of Rifles advice from manufactured A... Stoeger that are being held by you release the above aes ARWS ge Vere 2 CCHPAHY by the d‘ar~es de Guerre of Liege, Belgium, wioletio of cur tredo-mark. We hereby mentioned authorize ond request you arme to Vr. °.”. Stoeger. Thanking you, to Pabrique four we remein, Yours wory truly, Wie ate Es a BROUWING oe aS LP a ee Nationale in Aas S09 Steerer, 'ifth Trd., Avenue, Gent lemon ve are in ‘rombone receint of your letter wifles, end are forwarding is expesting OU to be in New Yerk of about the Sra regercing same te our the time the 22 Cal, Myr. Pussell Pas thie letter reaches a 4 re ref # ie bt; : “Egat mal &>f ee he eee eS aR Sas ares ah 4 i hare st ‘ey is { fa % dae /laoge + we _ * ea : ¢ | Pr ai Ne ya Sy, ARR enr Pa ° DA Ares 6 ap er Fey fa ae =. ' te wed bis rung Voot-iet oe bale Jaa, 7 - septa; Lae you bnew, we have cated | tpg sesiee”t : i en PRE : ine & " - arousing ee fe & &D a 4 « fh : ean a % e ye from letter of Bory Stoeger, 4... ~ ints, a e. auch , vou will nctiee, has been 5 ord, Yr, Stompaer ol trade-mrk, w 463 h Some P2 Gel, trombone “4fles bar business ne 4 weieh te vearret 'khe ao} jan this worl ; a the has “ete rifle, this Ver. @ou ntry. mow aleo, that we 224 «x wa res P" e's sengent in trade-ertring i.» 5% neue will doubtless write *.%., the mute clates design. in which ease, they wil) take the metter up with Veal end vor. Trink T would erplain we weieh will with this met ai parte experimenting heen hed thet es béck-leecore through the Cuctoms Cepartment , vethod of oer acd are werely using this tradeemar ont! we can aeree on f trece Gale , permanent #11 Tnaermch not am letter howe to + he f yo is by them rarfactured guns ae we te 2 going to « heave ell Cus iittie lang ae ready ~e cus ‘picioned give |% Se to do { in a 79 Steeger the New Yer’, ood eres wt Oe e173 @ 186, Se. talk wr 4 86. Sineere yy of in ey Snesell with Sug the at beot«legeing eh ti get requested, reloe %9 h iim heart sterped be but will een uss Steecer, ROPE Panett I will ? kD send his the roe send Stoerer ate Pe eran March _ ble . — > © TAGE = . “ee ir. P Building, * ashington, Dear + me De. Ce . oe Subject: name Trade-mark. Nebcker: with the ere enclosed Your letter of March 26th was eeerved, together ey enclosed application papers for trade-mark, The latter herewith, duly signed and acknowledged. the 1028 Re. Nebeker, | inves tment o a 36, In as much ‘Browning as the imported to this inserted the name 'F. U.' in the combination shown. as being brothers applicant. “e have also words disclaimed, except cuns are being Company’, inserted we have country this name one under as the of the “Ne note what you say regarding the ownership of the letters "Fr. Ne*, but feel pores sotly safe in proceeding as outlined. “e are makine application for the tradeemark, consisting of names and letters as shown | by the combination only, which is imprinted in the butt plate onsisting of ‘Browning Automatic’ and 'F, 0. Under our contracts with the Fabrique ! Jationale, they are —from this territory and therefore, they would have no right to apply tor. such a trade-mark, it is our belief that they have not in this country, either alone or.in be no trouble about getting consent proposed if it should be necessary, kone ‘kod their name or initials any combinations Also there would from the Fabrique for the trade-mark but we don't believe that it is. "e apes to notify the Ffabrique Sationale what we have done and to have them change the labels which they are sticking to the gun packages and thereby affix our trade-mark, under which will be printed the name ‘tradwemark', “e understand something of this notification to the public that a tradeemark is Assuming the application order is necessary registered. as enousd to is granted, we Article 477 of Customs look forward makin; use of the collectors at the ports of entry for the purpose of with-holding any importations of guns bearing our trade-mark, and we therefore, 1923, which call we your quote the to attention in part: to “Such application should ports of entry in which state the be recorded, AStSeavite acceompanying record the trade-names of traders iaented in foreign count: be acknowledged before an American officer," 478, Illegal Importations: Regulations be i x OFF "ACeC@werane with : ee a es ae " 2 - foe 2 ad Ul 14ke OnE : pin i me ¥ at ; i uP gear Go Ls ayy : f za ees (as SP 2 aaa 7 ee es Ar * oe3 és ‘ Ar ead t's tht —— ee copies & | — - ‘ te ata 7 4 -t, x cas Pret 4 4 ime ge 4 eS face 1x simulati: * POCoraaii es a wet ae ae ry Sury der Det YGnen it." rti importe yery W > 28 : = % + pet Fe oe in * PSEQ ree ‘ oa ee owte Gal whe LR Fey G 3 om S b a > = wo+) erRe 16372 =e ont z © ‘ ee rit a2 TAY < pore, . ea ge | vg e.) © gee 2 ae ; = w : a) ‘64 iy sports On 3 : eo awe SA ES tnited et qe! a +} > it ; ry oo aad ae we om, © ee . “9 nm eee ey 3 ile 42 a S * ; 24 s ‘2.08 a i ey ae awhe pf a . Se F Re 7 liie 6 te Nilson. ? ro i2 oer ws we ——_—- SS ue % ‘ “x : : a3 —— \ } mtey ‘ \- J . receiv 1], a ~ Ree «4 bad eo Re ee £4 ourse over O02 a F ae ey - a 3 = == dir te de Sue tradee) 2 " Ono a es «? " the ae yy a 2 <5, ae d EV = & ’ a ‘ é. ‘7a &2 te . 7" To 4Ss ot beey deg i eine 32 paw K. name of 48 aced Ogden, ,OR ao necking up we find- that bx aed Brothers | on the Utah give he Hebeker. name WS bai cun which tu! i ih ee See 2 eve Ss acily bet eS Oz _ | was in Ore = : OA ~ = = > a ae é i 2 - aoe da the ‘ quoted in shall a ‘ S24 a ws a > 2 SAS cum. 7 eooe eT TRL e becn importing in the we have h ad labels ‘Drowning or A Arme Company, that browr ving Srothers be allowed to exter either ic Browning £830 Arms above Vompany quoted. to notifying Gar dner or ot mere your «sttention ~~ rreagury Decd es ty 'énti0n - name Compa: * ud ts ear tak > 2 oe Lin i ee g % Frurr’s be allowed Should ‘: wie ir, not imported. : Our from ee 3 1 part the unde forward to call have that suggest suns to Brothers customs socis removed pe. ne allowabi a locking we wish ¥ : "€5 > ; “ould therefore, written sonaeuk: for Again infringement, S9673, saptens we ut es 4 ’ he, > a7*% - ge the eo t= & > . 4 ae a : 2k b RFS 9 statement, to to remove “~ J ari 42 thy = plates = % BOD 4 at or ca iA. os ie the p be tom a 7 eh an aca te romoved e Dar OG chat B&B bear Lith: 4 STP a% aa 7 Hen effect trade-marks as eS FRANK K.NEBEKER LAWYER INVESTMENT BUILDING GEO.C.OBER,JR. S.N.MA¢S INNIS WASHINGTON,D.C. Mr. M. A. Browning, Je Me & M. S. Browning Ogden, Utah. Dear March £6., Trade Mark Subject: 1988. Sir:- T have your letter of March 20th, enclosing Mr. Farr's el memorandum citing extracts from the trade mark and tariff laws, and note that you desire to procure registration of a trade mark as shown to be by the drawing Section 27 applicable to against the copying and deception as to Section the trade mark of said trade mark. purpose the Tt é the you not letters clear fac the trade purpose in mark view, act as does or simulation of the name the place of manufacture. it not appear simply or mark to protects of me another 526 of the tariff act of 1922, however, protects a citizen against importation of goods bearing This section is evidently applicable to the in mind. Yith regard of the mark owner is have of the enclosed. simile and to me FN on same to you of to the who is registration of the mark, it is only eligible to secure its registration. would indicate who is the owner of that the proposed FPabrique mark, Nationale as “ was possibly the owner. If “abrique Nationale simply affixes the mark for you, and has no ownership in it, and you are the owner of it, then we can apply for its registration for you, but if Fabrique Nationale owns the mark you would not be eligible. However, Fabrique Nationale could, in that ease, execute an assi ignment the exclusive United States, together with connection with said mark in for registration the same here. right the good will this country, IT enclose application executed and return to to said mark in the of its business in and the right to apply papers herewith. FLeaee me if you can truthfully) per eke the statements contained assignment from Fabrique in the affidavit without Nationale. Otherwise it procurins an will be neces- In needed, will sary to case obtain an requirements the assignment the situation. assignment of is before the Yours very the application enclosed form truly, eA is verified. meet the Note: gestive correct in This form is sug- merely and mmx not contain the names Of the companies question. Sueh should be in- Sserted and form of acknowledgment with laws of Belgium complying se eddaed. of Right mark in United trade States. a corporation Fabrique Nationale, WHEREAS, . Use to Assignment organized and existing under the laws of the Kingdom of Beigium, having its principal plece of business in the City of Liege, Belgium, has used in a trade mark as shown in the referred to and and edopteé accompanying drawing part and hereof, WHEREAS, | J. sequired the the United States ing said is hereby & XS. Brovwm Me Ma @ mark, J. & MH. S. M. the right to register Fabrique said use and and other good and valuable consideration to of which is hereby acknowledged, said unto the said J. M. & M. 5. Browning and interest in and to said of limits registration of United the entire the mark within right t apply and the said trade mark in the United States Patent its business in connect ion with the good will of seid trade mark is used within United the trade States together whieh Company it and assign, sell, does presents transfer, territorial of sum the consideration the receipt title, of in these the mark within and by of of desirous is concern: may it Nationale, with bear- trade Fabrique Office, Nationale for thet If XNOWN in hand paid, for within Company Browning whom all to therefore, dollars right, Utah, sell and into import Ogden, States, Now, BE of & made and said United Company, said of products the ing to right Whereas acquiring the which exclusive has trade business its said territorial limits States. FABRIQUE BY NATIONALE, rs cencscsvscsacsevecvesesssece larch 20, lit, Frank K, Hebexer, inveatr nent Building, Washington, Ds. Dear Mr, Sthjeete. Rontiomast Hebalez’s in viewof the continued activities of H, Gardner and other gun booteLoggers, wo have been giving thought to weys end meang of stopping a2} beotelce importations from different "eo have disaussed angles and have the matter had Ur, Farr onke amongst up ourselves a statement calling attention ta certain foaturer of the Orade«#mark envloging a eopy herewith for your consideration, lawe and are From *he quotation of the few, 1% would appear that the susters officers ave ompowered pc wa Senene from entry te the United S,ates, any article which tears the tradecemark owned by aNnotnor's the drawings made of game, gase bubteplebe “e ¢ince have 1928 having question desion * about application for of Tn orG-r to mark our rights the save time, the | abtoolate Unlers trade on which the we heve stock wo will of decided to trade= our gun, and soon been importing guns ecuipped with and there should therefore, be no this ou nem haye same, obieetiona, immediately, world e¢ 1 an ralkine sucrert leaving | for York about the 4th of April, ond would like very much to heve matter settled before soiling, which date is april 14th. With kind regards, Youre BAD ° B Butteplate enclosed. Coe Mrs cc= Statement Mieke Wilson are to you as to tradeemark forward I an very truly, New thie 1926 - LION —® COAL c®& OGDEN, UTAH I have looked over might be able to a trade mark, whether or not we of by the guns, provisions not seem Act of in means it of the available get material protection and which more particularly Section 27 of the Law to Guite so favorable to Section 27 of regerding it bear concerning our the "That no article name of any law of the of any manufacturer or trader treaty, convention, or law United States, to against the boot-legging seems that the Tariff on problem, our registration situction as of Section or imported domestic which trade-marks, merchandise manufacture, located affords or in any act has trade-marks does- 526 fariff similar of copy or simulate provisions of this act the to believe With the calculated to induce ured in tne United States, or that it is or locality other than or locality factured, and, in tion, any shali order trader, be to larétion, or is aid to dence, and the to entry officers manufacturer at of or the any the United law to trade-marks the name and of commercial the locality Which, citizens bear by of the registered a name article or ina mark is manufact- in any foreign country mam- customhouse of the United States; in any of States enforcing foreign convention, and any foreign the United names, require his prohibi- a treaty, of may this manufacturer citizens in which or in fact and between trader, is trader, agreement sim- it customs provisions or which the the by to mamufectured in copy or trade-mark the follows: shall country, shall that under afforded a or entitled advantages spect country admitted domestic Who the as manufacturer, privileges shall public reads Which foreign accordance the relative 1922, ulate to I have, goods or dec- country States in his name resi- are manufactured, and re- s LION COAL c@. OGDEN, UTAH the Secretary the department furnish to and may of the locality officer Thet acpokcebies of nations protect United unless time of to be transmitted to each collector as follows; of Treasury shall cause or other Office by a person domi- of trede-marks used several entry, 29, 1995, February such of manner the or provided in of such cwner the of trade-mark and to a copy of tribes, as amended, if is with filed With commerce in 27 of such Act, and trede-mark is produced at Section imported into the United States section shall be subject to of this of the customs violation LaWsSe for- the Secretary the such merchandise provisions “An entitled Act the Indian With States by owned with- registration the label, the organized Patent the or or of making for in States created provisions consent forfeiture association Or United a trade-mark bears receptacle, the merchandise, the registration the such into under Written of or if import States, in violation to registered among Any unlaviful and Treasury, (b}) of manufacture same,"approved the be reads 1922 act Tariff the speouention a the or certificate the the wrapper, States, authorize eign of seme reg- his of or manufeetured, Secretary foreign by or United to the the it shall package, of, Act name, thereupon of 526 t4o) the pre- of customs", Section print, his of facsimiles freas- shall Treasury the of in the of are the of copies or more of and of eoods his in which trade-mark; in Department as scribe, eiled in the purpose regulations the recorded this such in be for under citizen to kept ury, a act, be shall sign, this provisions Which any trade-mark, the pooks proper his with in one of accordance issued istered registration certificate a name of the of copy and , the in seizure and a LION COAL & OGDEN, UTAH (c) from dealing port or and shall ful use 1995, Any therein within be liable a trade-mark, of for the in any such merchandise may United States or may re@uired to remove or obliterate damages and or the same under the be be enjoined to ex- trade-mark such profits provided for of Act Pebruary provisions such of a wWwrong29, amended,"74 In addition to this the Treasury Department 39873 of November as reads which problem, our on bearing further a have to seems 1923, 17, dealing such merchandise destroy as person follows: tp Collectors and others interested department on an the Tariff Act of shipment of foreign a fhe merchandise and Others the for the information following importer's request 1922, remove in to it for or merchandise question, extract Concerned; from obliterate offered for purchased genuine article, bore an orded trade-mark; was intended for manufacturing tained under section 526 It further anpears goods remove from besring the the trade-mark department, and the for a precedent 526 such importation It is true take and as that new that a trade-mark permission makes the registered applicant the the section 526 of marks into this a and country» commission- registered purposes; from and had rec- peen de= imported sim- Acte applicant delivery by through American-owned, Tariff the under decision objectionable was of a recent importation appears, was officers customs of permission, aire; ilar the Customs below Guoted is There of of has previously under 526 and the goods under appears importation, to have has been permitted instructions relied on notwithstanding this that pre- section unlawful. the department on first impression construed sec- to Re LION COAL f-, OGDEN, UTAH oe tion 526 (c) section asury to importer 626 (c) confers upon no to release goods give a remedy to trade-mark ligence or mistake trade-mark have lation the of on come may be dealing in such merchandise or of of the into the hands (c) provides, enjoined erroneous and is the trade Secretary mark, in cases but where, of the Tre- is intended through neg= bearing deslers and are being sold in vio- any persons dealing in such second, that first be to obliterate remove or provided the appear to not con- goods may fist are Upon further officers, merchandise wrmegful use administrative that therein; required to export such shall of or trade-marks; be liable trade-marks, only by a court provisions to be enforceable clearly 200ds customs dealing in such merchandise and of such of the trade-mark, @ person dealing be the from for upon registrants part Section 526 = removal the registered merchandise authority pro- view this that a trade-mark delivery trade-mark, the convinced is bearing taking of of obliteration or of goods privilege ox department the sideration the right the removal the that giving thereby tected upon as 4 person destroy such and for All third, damages and of provisions these by the Secretary Treasurys pro— jurisdiction of competent applied that of the | authority The department to permit release application and the and forfeiture 607 of the is is act of therefore procedings tariff therefore of of the opinion goods upon the denieds The the instituted, 1922, as that it is without removal of the merchandise provided in should sections 526 trade-marks, seized be (b) and LION COAL B® Which OGDEN, UTAH may tion ami quoted You Will be offered In order for certain that this trade-mark care of the handling in your the said section this protection the papers to be should be kept have been of similar district as shipments by the construc- indicated in the above attorneys handle steps Would to application assistance of ourselves, should due trade-mark me to laWe the we fact of is office, port entry where they officials, and after that we shouid in each the customs secure our proper it would not be prosecute the and trade-mark not that of importance enough applic: that might customs the ourselves Gualified application have, to by of the it is registered, this that to me seem filed properly necessary It file to get seems have the the importation of check trade-marks It the for in extract," desire to governed interpretation necessary the be we for the course, trade-marks, and take protections attorneys; get’all of tion wise for us application, beacuse if we protectionWe have not to attempt without filed our think We specialized in seron 7, ie n’: Val Ac Brow Dear ore 19e0 e, 5 Rue de Chaudfontain Loige, Solgivm Brownings © just cabled you as folicwss “refer letter Cctober fifth iratley again oireulerisineg Sobbers eae 4 market ee ¢ mecieliy sixteen fear bic jobbces Bmoelosed herewith Sth from J. de Coninck, is copy of letter bearing he Kratly & Company, af J erigelt date of Pebe to He De Foisom Arms Coapeny, | ¢ Citye You wil noceubdt pecalt our correspomieree last ooteber ropard’ 35 this ease, at which time another jobber calied the euitetion to our attention ami sent ee a eirvuler at that tine, which in substance was the same a6 } emelesed, except for the fact that this iast ciroular is far more glaring aS VOU will notes They start their iotter with the explanation "Sroming J \uatometios” in capital letters, ani it looks vory mich ac if thoy are capitalizing om ompands ture for advertising om the offerte the Drowning Arme Company is puttine foruerdto build up the Amoricen markote add to thic oharee, the insurance, They are quoting 22600 om beth 22 andi iC Gauge if we engent advaloren duty of of Le oF Oe0O plus $6400 specific {ota is ia increased handling the freight, to ¢yr dali ote. tae hax iling ©ohTAPES » inoludi 3is about 742 a gum, whioh woud ng make their cum evallabl © on this market at $89. 7 onalusive of omy discount as motioned in the enclosed cireulars grads 1 at 059000 aml our 16 gauge at ct ee we pay frei ght on Shiguentes ef 100 ibs. oF mares That you may seo how wide spread this Eratliy offer is be~ mine known, we enclose two letters fros the Pederal » Carers ige Compe, Winneapolis, Uiun., the headquertere of several of our ow lergest jobbers, whieh letters doubtless refor to this sam matter. Enolesed is ciso a lotter of Pobruary 27th from tho He & De Poleom Arms Co. iz. vee © S oP CaeTyy Oe ing position. his echeme, you will Arms | ay quantities of these guns, in view of the wide sproad publicity Kratley is giving to it ie imperative that something be done and wo are sure take the necessary With best steps to correct this wishes, Yory truly yours, oR MCE especially situation. = Js de CONINCK, Ae KRATLY & CO. ANTVERP, BLL February 8, 1928. He & D. FOLSOM ARMS NEW YORK CITY? CO. N.Y. Gentlemens Attention Mire Henry , “olsome T. BROWNING AUTOMATICS your We are large exporters of Browning Automatic Shotguns, informetion the Browning patent expired about 20 years arose Prices will inorease 10% on the lst of March, ‘Yor therefore if you quantity which wish te evail yourselves fe the present lew quotations, give us the quantity which you want to have reserved for you, stipulating date of deliverye. It might be well you will need in the course for you, even of this year. QUOTATIONS Gauge “ “ 12 1 Barrel * i 80 inch 28 * will not worry $25045 " $25.45 packing and eases included but not Payment net cash against shipping documents So that the guns reach experts in sending be packed We are about in o separate this pointe you in transactions ALL the guns will All guns the There You of the is quite a perfectly cardboard guns All the guns will be marked advantage FOLLOWS: If you wish, we may also ship the goods on have to add 14% bank commission and interest. piece will a piece. the $22600 $22200 Less 10%, FOB s/s Antwerp, we us ribbed oq" pur commission of 5%. AS cable plain “3 30 * 16" ARE to to will be without may cable us your l-w prevailing the States, order, prices. Je condition, cost then each of about therefore swivel and all you of them full to make | so as to be able on CONINCK, Ae the to take truly yours, do but 13¢ need Grip of money for you, Very good at the Draft, "MADE IN BELGIUM". be with Pistel a lot box, Sight in Antwerp. KRATLY & CO. choke. present Merch 7, 1928 Mire Val Ae Browning, 5 Rue de Chaudfontaine, Dear lire Brownings We just cabled you as follows: "Refer letter October fifth Kratley agein circularizing jobbers demoralizing market especially sixteen fear big jobbers buying.” Enclosed herewith is copy of letter bearing Sth from J» de Coninck, Ae Kratly & Company, af Antwerp, date of Febe to Hof D- Folsom Arms Company, New York City. You will nocoubt recall our this ease, at which time another regarding October last correspondence and sent us a circular attention our to jobber called the suitation as the enclosed, except same the was at that time, which in substence for the fact that this last circular is far more glering as you will notes They start their letter with the explanation, "Browning Automatics" in capital letters, and it looks very much as if they are capitalizing our expenditure for advertising on the efforts the Browning Arms Company is putting forwerd to build up the American markete add to this They are quoting $22.00 om both 12 and 16 gauge. if we amount advalorem duty of 45% or $9.90 plus $6.00 specific insurance, hendling is about 74¢ a gun, which would discount as mentioned cherge, the total is inereased to $37.90. the freight, make their gun available ete. Our handling charge, on this market at $68.64, in the enclosed circulare grade 1 at $39.60 and our 16 gauge at $47650. of 100 lbs. or moree That you may see how wide spread We exclusive job our including of any 12 gauge We pay freight om Shipments this Kratly offer is be- coming known, we enclose two letters from the Federal Cartridge Corp., Minneapolis, Minn., the headquarters of several of our largest jobbers, which letters doubtless refer te this sams matter. Enclosed is also a letter of February 27th from the H. & D. Folsom Arms Co. 2, & © if Kratley can get any quantities of these guns, especially the 16 gauge, the Browning Arms Company would Boubtless be placed in a most embarrassing positions in view of the wide spread publicity Kratley is giving his scheme, it is imperative that something be done and we are sure you will take the necessary steps to correct this situation. With best wishes. Very truly yours, to J. de CONINCK, A. KRATLY & CO. AMTWERP, BELGIUM. = He& 514 NEW oe De. FOLSOM ARMS CO. BROADWAY, YOROK CITY, N.Y. Gentlemen : Attention Mre Henry BROWNING We information are the well for you, of this yeare Gauge . 2 large exporters Browning patent even to cable 30 inch bi 28 12. «* 16° of Browning Automatic Shotgunse expired about 20 years agos us the your of if have So piece will not worry 5%e Payment ribbed 2 $25045 $25 445 you wish,we may that the are experts be packed We about this guns packing end cases included but not our cash also to add 18% bank against ship reach you in sending pointe the guns will be with Ali the guns will be without is quite a lot to box, the Pistol Draft, but than good condition, each States, therefore you them choke. at the cost of about swivel and all for you, order, so to be as truly yours, Je CONINCK, de of to make able ae full on the present to take advantage KRATLY & Co. 13¢ need Grip. of money Very in Antwerp. "MADE IN BELGIUM" : You may cable us your low prevailing pricese on Sight a perfectly guns documents intereste cardboard All There goods and in in a separate shipping the commission All the guns will be marked transactione course $22 200 $2200 net in the FOLLOWS: AS ARE bi Less 10%, FOB s/s Antwerp, the For quantity which you will need | plain Ci 30." 25 * commission & plecee Folsom. AUTOMATICS QUOTATIONS lZ= Barrel 16- we Will Te Prices will increase 10% on the lst of March, therefore if you wish yourselves of the present low quotations, give us the Quantity which to have reserved for you, stipuleting date of delivery. It might be to avail you went of 1928. December Mr M. Ee 21, 1927. Wilson, Continental Bank Building, Salt Lake City, Utah. Dear Mr. Subject: Gardner Bootleg Imports to about Wilson: Since talking you Gardner's bootleé imports, the enclosed circular was sent into our iffice by a customer, or prospective customer who has scratched up the circular considerably. We have set opposite which you can see he Gardner's prices, our prices is able to greatly undersell in red us. ink, from In order that we would not be able to tell to whom this circular belonged, the prospective customer cut out the address of ' Gardner. We have, however, vrieeee the address at the head of the first page. let me MAB "LMG Encl. know. If there is any further information Yours very truly, Vice President. you desire, please FRANK K.NEBEKER LAWYER INVESTMENT GEO.C.OBER,UJR. BUILDING WASHINGTON,D.C. S.N. MAS INNIS JeM. & M.S. Ogden, Browning 8, 1927 Company, Utah Re: Dear December H. Gardiner Imports Sirs: Referring to your letter of November 22, with regard to the above subject, which came I have to my desk during my absence in Chicago, given the matter cause that name consideration careful re- and gret to say that I do not see any ground for Presumably, proceeding against Mr. Gardiner. lawfully, guns the of he has obtained possession . deceptive and his advertising matter is not bejustified The use of the Browning name is guns. is impressed on each one of the we case is not like the controversy latter as in the the Stephens Company, proposed use of the Browning name con- The had with case the in that its trade practice stitutes an unfair of the Stephens the name use in connection with the impression that both you Company would give were and the Stephens Company manufacture of the gun. eut your gard Your off only recourse, Gardiner's supply. associated as I now see In it, compliance in is to request I have written Mr. Wilson with to the matter substantially as above. Yours = truly, the with re- AMlei-Hir December five Mee Wilson, Attorney at Law, Continental Bank Salt Lake City, Dear &, 1927 . Blide., Utah Mahlon: On my return from Chicago I found a letter from Marriner Brownines with regard to the sale of shotguns, manufactured in Belgium, by 4& gun bootlegger named. GARDINER, and Marriner Seucee ees me to write you my views the of as or whether aot! Gardiner was you were Company’S Browning this did to because partly Pignts. helknew aisgo, 3pet tiy because he thought similar <a thie eontroversy with of. that tect Pons Gne Gre itself iS pannel follow : hraseology | that assume busy, very any he and that the matter was the Stephens Company. “S pa! has eome into possession of his sédvertisinge does not disee $n unlawful nee oi the Browning advertis-= in fn: tc the @utcs contained tach ad f I violating 3 is ye "Browning" if she Under r is to if that agency tor he cease iateis this wort of a is stampe! circamstances, the Brow cut.off nines Comp Gardiner's course, were diner she Browning that 2ach seems - erly me ; tre notified in courant has one to the ‘ exclus OUR EY , eqeptes : i Ga the request that some times Ory: aies in this it does not times some and Works Gion LL Yours truly, November 29, 1927.6 Mye Se Ne MacInnis, Investment Building, Washington, D, Coe © Dear Myr. MacInnis: Your Myre Nebeker received. expects give an on-hand would to suggest letter to be of the in Chicago 26th about statins two ; that weeks was Inasmuch as Myre Nebeker may be able to opinion regarding the Gardiner matter, that you forward the letter on this subject hime He may possibly care to suggest to Mee Wilson a way of getting at Gardiner without too great & loss of time. With kind personal Yours MABILMG . Vice regards, very truly, President. I am FRANK K.NEBEKER LAWYER INVESTMENT GEO.C.OBER,JR. S.N.MAS \ INNIS Mr. M. Ae Browning, Vice President, Je Me. & M. 5S. Browning Ogden, Uteh. Dear of Mr. your BUILDING WASHINGTON,D.C. November <6, 1927. Co., Browning: three This is to acknowledge letters of November 22nd to the Mr. receipt Nebeker. Mr. Nebeker is in Chicego at present, attending a hearing before a special master for the United States District Court in a case in which he is counsel, and he will probably be there for about two weeks the or so. matters Upon his return he will mentioned in your letters. Yours very truly, take up Mite Pranic Investment Ke Washington, Dear Mr. Nebeker, Building, De Ce Subjects Nebekers in connection Por sometime with our sum ie Gardiner Imports past we have had a very disturbing import business, which we have, so element far, to failed eliminate, and inasmuch as the question is somewhat similar to that involved in the use of the name ‘Browning’ in comection with Stevens, which you have already cheoked up on, we are writing you directly upon the subject, and After thinking the matter over, are sending Mr. Wilson a copy of the letter. would suggest that you write Mr. Wilson with a view of determining between the two of you what we oan do to eliminate the trouble. An old fellow by the name of H. Gardiner, 10 Beverley Place, Colorade Springs, Colorado, has for sometime past been bootlegging our Automatic Shotguns into the United States and selling in competition to oure Mr. Gardiner selves in such a manner as to reise havoc with our business. discount and jobber's gelis direct to the consumer, thereby eliminating the price than lower the dealer's discount, which enables him te sell at a much ourselves. From Mr. Gardiner's cireular, e copy of which is enelosed, you will note thet he is selling the standard grade, 12 gauge gun for (49.00 as opposed to our price of $61.00, and he is selling the standard grade 16 gauge at a price of $67.50 as opposed to our price of $75.75. lire Gardiner sends his ecirevlars arowd the country where our jobbers pick them up end immediately send in to us and naturally want to know why Gardiner is able to widersell them, and at the same time point out the damage he is doing to their business. of thie arm {i Our contract reserves the with the Pabrique United States for Nationale for the mamfacture and we ourselves, are sure the factory is doing all they can to avoid guns entering into the United States. The factory is, however, selling to comtries other than the United States and it is no doubt thru this source thet Gardiner is able to repurehase and We have purchased some of his guns and have cheeked ship to this comtry. find this to be true, and have 30 the serial numbers with the factory us that they would notify assured turn in has which factory, the notified Since this Inst cireular has Gardiner. to selling more ne do to agent their again notify the factory, will and guns precuring again are we been received, if it should happen to off agent the cut te them request time this and will be the same ones 3 Belgium is a long ways off All of this takes time, however. | his cut prices, end wo cireulate to continues Gardiner meantime the and in direet at this end at the him after go cannot we if wondering , are, therefore will note that he heads You supply. his off cut to g attemptin game time we are woe are wondering and , Shotguns" gauge 16 and 12 's nis eiroular "Browning at leaste name, this using from him step 4? it is not possible to te Prank Ke Nebeker, Page Ho. 2 Gardiner is an old shooter pretty well along in years, and no doubt has not got very much in the wey of wealth, and ie only making a handeto-mouth living in pedéling out our guns, which we might not object to if he wag not keoping our Jobbing business in euch en uprear. T% is barely poseible that if we were to threaten him with a suit end also damages for the past, that he would desist in selling the guns wder any cirounmstances, which we would like to aceomplish if possible. We will await your advice on thise If you ave at ell sure that with him, would like to drop the bombeshell he creates any further disturbence. it ic possible for us to de anything on him as soon as possible before With kind regards. Yours very truly, Viee MAB L5G President. November Mre Me E, Wikson, Salt Lake City, Mr. Wilson: 1122 Dear Continental National Utahe 22, Bank Building, Enclosed is a letter which I am sending to Mre Nebeker with respects to the use of the Browning name for the purpose of selling Browning Aytomatiec Shote guns by a My. Gardiner. | self explanatory, As you will no doubt find I will not comment further With kind regards, I am Yours very truly, Vice President. the letter at this time. November My. Val A, 5 Rue Liege, 29, 1927. Browning, de Chaudfontaine, Subject: Belgium. : Bootleg Browning Arms Tpports Dear Val: As Kratly & Coe, You will. note Enclosed Antwerpy from their for Montgomery-Ward & Cos, with Sears, pricess Roebuck please find Belgium, to letters letter~-head that Chicago. & Company are We purchased two of their guns . enclosures. our and found guns that at agents together cut they had bought It may be that they are getting thought it would, therefore, be Fabrique Nationale in order that regards, Yours MABTLMG Company. they are buying advertising lookout. With kind de Coninck Brothers This letter Company, them from two jobbers in this coutry. some, however, fhru other channels, and a good idea for you to hand this to the they can be on the from J. Browning sincerely, November ire Val 5 Rue Liege, As 23, 1927. Browning, de Chaudfontaine, Belciun. enclosed letters and We have translations of yours same of November concerning @th in which Messrs. you Coninck Ae Kratly & C° of Antwerp and about which we wrote you on Odtobet Sth. We did not intendin our letter to convey the impression that any of these guns had actually been purchased, at least to our knowledge, the Company inentioned merely Circularizing for business and offered to sell at the prices mentioneds The Firm mentioned have been sending out literature to jobbers in this country with selling Browming Automatics, altho' as stated, we do not lmow of actual sales that have been sonsummated. Should we learn of any we shall immediately eable the serial numbers to youe H. seems to a vitew of any such sales : Gardiner of Colorado Springs is becoming very the firm is now selling Gardiner active of late, and we have today arranged to purchase another gun in order to get a serial number, thinking that he may be obtaining the gums thru more than one channel, Ag soon as we get this eerial number,we shall cable it to you promptly. We were discussing this matter this morning, and it is suggested that if it were selling nature, that should develop that same that him when a previous investigation was condueted of a similar we definitely request F. N, to eutt them off the list, and without furhher seramony. | With kind regards, Yours very truly, CO ~ Z = O Or M LJ a < ue Fa O Li O =) < EE O Lu a) Lu =) pie oF fewe- fexoomes Se y. / : fe Sf: TST ve 7 : Yh L107 UME MM - Vy bi SOCIETE ARMES & CARTOUCHES OU TILLAGE BICYCLETTES,MOTOCYCLETTES AUTOMOBILES ADRESSE TELEGRAPHIQUE : NATIONALE” TELEPHONE LIEGE NO 816, 818, 833 CODES: A.B.C. Al. LIEBER'S BENTLEY'S 42° & 5@ EDIT. CODE COMPL.PHRASE CODE Compte de chéques postaux 15.822 Annexe Ge. Sery (A RAPPELER DANS LA REPONSE) ANONYME AVMMMAIM ANONYME ARMES & CARTOUCHES OUTILLACE BICYCLETTES,MOTOCYCLETTES AUTOMOBILES \ ADRESSE TELEGRAPHIQUE : » NATIONALE” LIEGE TELEPHONE NO CODES: 816, 818, A.B.C. 4° & i] XG, S/ Ingénieur 833 5¢ BROWNING Val. Monsieur } | EDIT. Al. LIEBER’S BENTLEY'S COMPL. CODE MEMBRE PHRASE CODE Compte de cheques postaux 4 vs neipiseagesiaes (> N. ESP 15.822 | So Dp gery, Com./D.2410.-(A RAPPELER DANS LA REPONSE) Monsieur .Browning, avaient par de A. une avez signalé Maison dad‘ Anvers. | nous Vous été fournis BUHL des Browning automatigues fusils SONS & COMPANY (Mich, ) de Détroit MM. SCHROEDER FRERES Nous avons ,a cet effet,questionné nos Agents ,d@'Anvers et la firme J. de CONINCK Liége, MM, PIRE & VAN CAUWENBERGHE sés Stre les délinguants mais GRATLY & C° ,d'Anvers, qui étaient suppo convaincre que des réponses aire. du contr Nous -~Sable,pour des & la firme que armes que avons nous vous | vous confirmons nous trouvées puissions & Detroit vous donc ,Monsieur Browning continuer nous soient notre pu avez communiquées , qu'il enquéete, transmis. vous que est les indispen- numcros sfaction 4 notre Nous espérons que vous pourrez donner sati vous lire;nous vous presentons, aAemande et dans l'attente du plaisir de inguées.Monsieur Browning,nos salutations dist NA PMBRIQUE Vien HERSTAL Mr. VA, BROWNING, Mr, BROWNING, near LIEGE, October 28th, [927, ShotgunswW were furnish- HNnLINeEer , je You advised ed to the of us that Automatic a firm BUHL SONS & COMPANY of Detroit respect this we ( Mich.) by a firm Antwerp, With to subject, } Messrs, SCHROEDER FRERES of LIEGE, of ANTWERP, and the we supposed to be the ed to you, you saw they It therefore our Browning is inguiry, to Hoping you communication, firm J. -de but. the agree A. from Sea TRE & GHKATEY their our agents VANCAUWHENBERGHE iS @C° of answers, ANTWERE, communicat- not, indhspensable possess will Messrs, CONENCK offenders, were interrogated numbers to our for us, in of t Suns deman and order to found awaiting contm@nue at DETROIT. your Kind + rey REC OMIM AND Messieurs de Piace Corinck,A.Kratly de 3 "> 4 a Meir ™; & 6° VERS Ai o1%9 L927 Serv. Com, 0/2353 Meesileurs, c= Se Mat que SONS ~% a Nous wous four: > ti oe Aye Yr tee BLSSez COMPANY oe ‘adh Ed ee 2) & 7 * rs nes EA Detr o% NoOons ey *rf Na deg ¥ AS : 2. Ry © Ps um En ot eo : OW & Ss WT ye Pee v} i . ee BR SS O WN. ek 3 ORGEL 3 iecS - ? SE 4 » af oud xis une venir par = * +e ee a offre le Févr ier Nous vous votre ces A 4 oh te firme 26 attention PAG Se teak prions dea et si lire,nous ee J wes le courrier yous et sur eonventions du te AUS S$ ae Lie what . Ocden tLirmne BUL Ute te ey ae a gy 7 ‘Le guest arco de Ly Se ke avons retour tations, Gen a e Cele L303 & é. Nous votre hae ¢ ae) 4 Rt £ pnd PE COMPANY ARMS rt G Nous AOUS ont iu nbs ReneS iies Cd. #7) 3 oe le ver Ev © des Siis de iors de noter attendons possible, vous ah bedi seahroeder Preres reépondu vous avoir IPELUWA. de Cue vyos VOUS née ils Sag ogioge D weve & nouvelle Sy presentons,Messieurs,nos atti-~ Browning % ce sineéres * contre= sujet, salue REGISTERED, Serv, Com, - , A. HERSTAL near October the firm BROWNING Farts tai he bint ARMS : furnishing our Browning Automatic LIEGE, & 0°, KRATIL Messers,de CONINCK Place de Meir, 23, ANTWERP , 24th, [927., 0/2353, Messrs,, We learn you are BUHL We from SONS make COMPANY, you attentive Browning Automatic BROWNING ARMS that, guns in this We interrogated ed to for the for accordingly, you Will this you the you fact that Utah Shotguns to the sale the reserved by the us United States not authorized are 3 for of of the firm North to America, furnish these firm, year of our and on we take agents, wete February Browning then, general advised 20th, Shotguns Messrs, in SCHROEDER that an offer which offer, prompt answer, per FRERES was the U.S.A, was mentioned, notice, that you cannot transgress return if & possible, would SA eee Sa VNATTONAT.E DIARMES > Ge Se OS oe Pee aw, FR AVIA bh CITT mm F° A 25 CICt “. A ih TOF . "3 he? te SLEKRIRSLRLL L & oblige, DEj et edna remitt- monopoly in agreement, A 3 Michigan, the is Ogden, country, your sale to Shotguns COMPANY and concerning Detroit, COMPANY, fio A this November 16, 1927. Mr. Val A. Browning, 5 Rue de Chaudfontaine, Liege, Belgiumes Dear Mr. Browning: ) ceived from Mr. Yantis, pondence had Mr. Company a which will with Enclosed, herewith, Vice-President explain itself. Gardiner is of the cherwise, hat we copy of Shapleigh we letter return should ree Hardware the corres- send the circular at this time * : g tte ia Ee coll GOoe ME Youle We are sending this letter + is interesting to note that Gardiner's getting his supply from womewhere Yours very truly, you may see that Gardiner is evidently expanding to the importance and significance of the serial to on that and this only adds number recently sent Youle cular displays or plain, so he besides in this JER*LYG 6 different types is evidently country. of guns, ie ee, 5 besides the cir- standard Pat. No. Invention Files drawn on these slips MUST NOT be taken from the Record Room 125 U. S. GOVERNMENT PRINTING OFFICE 16—49873-1