JVOHN COUNSELOR AT WHITEHALL TELEPHONE! R._.RAFTER LAW 8 Mr. Val J.M. Ogden, Dear Utah. Browning Yorks Company, Browning: As requested in your letter of I am enclosing my matters You will referred hear from me shortly to in your letter of GO the months 2ith. Browni ne, & M.S. Mr. 26th, the A. Bridge Doreet Wee prospect bill Jome & MIS. Browning of this year. In the meantime, of enactment for services Company as you of H.R. for doubtless 1535 this September rendered the first nine regarding September know, the year now ap- pears to be very slight, inasmuch as the Senate intends to adjourn as soon as possible after October Lst. However, the same Congress is expected to reconvene early in January, after which the bill referred to will probably be considered further at this session of Congress with a With best view to its enactment. regards, Sincerely yours, 4-5094 Mr. John & Bridge New York R. Rafter Street 4, New York Dear Rafter: Mr. Further to my letter to you of September 24, September 26, will kindly you 1951 bill theJ. M. & M. S. Browning Company for your services up to October 1, 1951. We would like to have all debts of that Company paid up before liquidation. VAB/co/dh Yours sincerely, Val Browning A. President " JOHN ONE! R.RAFTER COUNSELOR AT ALL WHITEH TELEPH LAW 8 Bridge Hireet, December Mr. hi M.A. 2. J-.M. & Ogden, Dear Browning, c x . . M.S. Browning Utah. Mr. he 22, 1950 Brownings I want to thank AS varied my services and you for this year me extensive to as send in closing, subject to:your. approval, Same amount as last year. friends York 4 Co., December 15th, reminding the current: year. beenas New in With kind Ogden, regards ca and your you seem 1949, letter a of bill to have I am a bill’for best wishes for en- the to my \ 4-5094 December Mr, John KR, Dear Mr. Rafter: 15, 1950 Rafter 8 Bridge Street New York , New York Another year has about passed and we are reminded that we have not yet received a statement for your services during the past year. If you will send it along to us, we will send you a check immediately. We would like to take this occasion to send you our wishes for a Merry Christmas and a Happy New Year. Sincerely, M. VAB/co/faw A. Browning JOHN TELEPHONE: R.RAFTER COUNSELOR AT WHITEHALL 4-5094 LAW 5g!OF 8 Bridge reel, December Mr. c/o M.A. JM. Ogden, Dear Browning, & M.S. Utah. Mr. Browning New 27, York 4 1919 Company, Browning: E> As requested of December My services this year covered of matters and included the usual amount pondence, several opinions, a conference Val A. Browning and some with the customs at New York. I am, therefore, charging amount as last year. a variety of correswith Mr. officials the same - Thanking best wishes for the at Ogden and Liege, and with Brownings lith, I am enclosing year 199. in your my bill for BL Air Mail services you for your letter New Year to all the I am Sincerely JRR: letter yours, for the December Mr. John R, Rafter | Dear Mr. li, 19h)9 8 Bridge Street New York l, New York The year Rafter: end is | fast approaching and we are reminded that we have not yet received a bill for your services during the year. If you will send it along to us, we will send you a check immediately. We all send you our wishes happy New Year. for a merry Christmas Sincerely, MAB/co/faw M. A. Browning and a FE pe & ES + ie te Bis Le GO iy si ; ig Sh bs eS Bi * {8 “Ee UG iw oe e TS ote, ony By 2h ee = cM & ba: _< Bie sia aa tSidle Ke wy EP Re af 32 Aes. iit BM GZ2 dif 2 %i pee pont ‘ae “he ard LO G a te i gale is, eae ay aehw ae ak Da NR ait wi ms 2 et ep oi reige épe x its ~ s nity - | S Rule * “a Se RR ees : mints sesh * eo Oeae epecial 8 Pe! - : ging Ae ge i PG og c Ea te a.a? © 7 J guns sie ae spots Pree ; ay Beak e with J tye er Se Ee ei mat be Bs 3 : ah tvo isd get Gate, Stn ‘e he: : Ws iy Ks a sotes ig i sy “ of bss] ert het ae ia te bY ul pe, haa at iis “ barrels if ; ae by GY EF asp, RE: Her? che : Hk jf is * 4 “There Yours sincerely ‘ ee he oe ‘a B aerate eo Sees ae ae 5 ia Ex. Sey kd Bb ee Sas, tee SR ate tb. fen ie April 11, 1949 — Mr, John R, Rafter & Bridge Street New York 4, New York Dear Mr, Rafter: It is a great pleasure to have your letter of April 6. We you We all were personally very much distressed at hearing of your hospitalization, We could only watch and wait while hoping that you would not have to put up with an excess of discomfort, are you are relieved feeling I find that of March 4. ing to work guns to three weeks, to know well, are back on your feet and hope I did not acknowledge Mr, Fred Bennett's letter I appreciated having his letter, We are tryout some detail on problems involved in returning Belgium for repair, May have some questions for you at a future date, At the present time we are sitting tight to see what specific problems may arise when four of these repaired guns are returned to this country in about For the time being things are going well with us. We are warehousing our 12 gauge Superposed preparing shortly to release it on the market, There has been some delay getting the 20 gauge Super in shape, It should come along shortly, however. With kind regards from all, Sincerely, M, MBB/co/aw ATR MAIL Bigelow Browning JOHN R._.RA COUNSELOR AT TELEPHONE: FTER LAW 8 Bredge Street, New April Mr. M. c/o J.M. Ogden, Dear Bigelow Browning, & M.S. Browning Utah. Mr. returned ary WHITEHALL 23rd, 6, York 199 Company, Browning: to I my and am glad to report that I have now office after an operation on Febru- that I hope to be able to ly me and fully any inquiries which you care relating to your customs problems. my associate, date I of March In Mr. this connection, Fred lith in Bennett, answer to I answer to understand wrote to your letter you prompt- make to that under of Febru- ary 2lst, referring to certain guns which you intended to return to Belgium for the substitution of new barrels. Having heard nothing from you to the contrary, I assume that his letter gave you the information which you require. If not, please advise me to that effect and I shall endeavor to explain any phase of the situation which may not be clear to you. With best regards, Sincerely JRR: BL yours, DE oo oe 4-5094 od JOH N-R. COUNSELOR RAFTER AT TELEPHONE: WHITEHALL LAW 8 Hondge Ascot, New Yorks February 25, 199 e Bigelow Browning, & M.S. Browning Mr. Cog Browning: Mebruary, 2lst, and be This will acknowledge your letter of requesting information regarding the return of Superposed actions to Belgium pose of having new barrels put on these will weeks. for the puractions. Mr. Rafter has recently been hospitalized unable to return to the office for several However, your letter has been referred to Mr. Fred Bennett, who is associated with Mr. Rafter, and he will endeavor to give you the information requested in your letter within the next few days. LOuUrs <<" “very truly. <0 JOHN »~ecretary Air Mail 4-5094 JOHN R. COUNSELOR TELEPHONE: RAFTER AT LAW 8 Brudye Lireel, New January Mr. c/o M. J.M. Ogden, Dear Bigelow & M.S. Utah. Mr. Browning, Browning 3, York I 199 Co., Browning: December check in matter is I am in receipt 30th, returning to payment of my of me recent Your promptness in greatly appreciated. Sincerely your with bill letter of signature for attending to this yours, i. <A JRR:BL the services. WHITEHALL 4-5094 December 30, Mr. John R. Rafter § Bridge New York Street 4, New Dear Rafter: Mr. Learned cheek was with sent apologize 1948 York considerable for out without the embarrassment proper inconvenience that signature caused you. your and The one compensating feature is that it gives me the pleasure of another contact with you. It has been so often a matter of regret to several of us that we do not have the opportunity of meeting youre Business is all right, but we would like to be able to derive We all wish to remembrance With best in advantages express your over appreciation Christmas and cards. above. for the kind regards, Sincerely, M. Bigelow Browning Vice President MBB/eo/aw P. S. Enelosed herewith please find the cheek mentioned in your letter of signed December 28, JOHN TELEPHONE: R.RAFTER COUNSELOR AT WHITEHALL LAW 8 Brodge reel, New December Mr. M. c/o J.M. Dear Mr. Ogden, Bigelow & M.S. Utah. Browning, Browning 28, Yerk 4 1918 Co., Browning: : December 23rd, I want to thank you for your letter of enclosing check of J.M. & M.S. Browning Co. to my order for $2523.47,in payment of my bill services and disbursements during the year 1918. for It is most gratifying to know that you appreciate the assistance which I have endeavored to give you in connection with your various customs and tariff problems, and I am particularly pleased with your kind remarks on that subject and with your expression of good wishes. As the check accompanying your letter was inadvertently mailedto me without signature, I am returning it herewith by air mail for completion; and I sincerely trust that you will receive it promptly. to all your With my best family, I am wishes Sincerely oS JRR: Ene. BL to you personally yours, Le and 4-5094 December Mr. John S8 Bridge New York R. Rafter Street 4A, New York Dear Rafters We Mr. acknowledge December 21 Attached This firm with with please pleasure your find your requested our check letter bill to the of 23, 1948 of $2,523.47. above amount. terminates yet another year in which our with its various members have enjoyed a most pisasant and satisfying contact with you both professionally and personal. We all wish to extend deep appreciation with best wishes for Merry Christmas and A Prosperous Very New sincerely a Year. yours, M. Bigelow Browning Vice President MBB/eo/aw { P, S. We are sending your poor flying reached us. this regular weather now mail seems because to have JOH N TELEPHONE: R.RAFTER COUNSELOR AT WHITEHALL LAW 8 Bridge Aree, Nia Gard December 21, Mr. c/o M.A, JM, Ogden, Browning, Dear Mr. } ~ -luith, current & M.S. Browning Utah. 1918 Co., Browning: As requested ° enclosing my am year. As you may in your letter of ° © bili for services surmise, the December for the enclosure covers a great deal of correspondence, some conferences, and several written opinions on a variety of customs or tariff matters relating to your import business. wishes to Many thanks for your letter all of you for Christmas and Sincerely JRR: BL P.S. As the and its enclosure uncertain, I flying am weather sending by an regular in my best New Year. yours, fh haf ef Enc. and the this extra mail. neighborhood copy of this is letter 4-5094 JOHN R._.RAFTER COUNSELOR AT TELEPHONE: WHITEHALL LAW 8 Bridge Street, New York I December JeoM. M.S. Browning Co., To services rendered during aud taritt Ogden, 1948 & Utah. in relation matters Disbursements for and iong distance to various 3... . 21, the 198 year customs 3. . «3 telegrams, cablegram telephone calls .. $ =. | 2500.23 14 ( 2523.7 4-5094 December MIs MeAe c/o JeM. Ogden, Dear Browning, & M.S. Browning Utah, Mr, current & great several Co., requested I am enclosing year, As deal of written tariff matters wishes to all your for Many thanks you to for your for import your Christmas (signed) As the letter services of December for the 3 you may surmise, the enclosure covers correspondence, some conferences, and opinions on a variety of customs or relating of in my bill sincerely P.S. 1918 Browning: As lth, 21, flying weather business. letter and and the my New best Year. yours, JOHN R, RAFTER in this neighborhood uncertain, I am sending an extra copy and its enclosure by regular mail, of this is letter December JeMe & MeSe Browning Ogden, Utah. Co,, To services rendered during: and tariff matters. . « 19118 in relation Disbursements and long for distance to various «© # telegrams, telephone the 21, 1948 year customs +e6 # woe cablegram calls .. em . ee December 1, 198 Mr. John R. Rafter 8 Bridge New York Street 4, New Dear Rafters: Mr. York Another year has about passed and I would like to you to send in your bill. Inasmuch as othershave remind been doing to. appreciated. business with you, If you will I do not give Wishing you a merry me know what your a rough Christmas idea, services it will be amount from all of us. Sincerely, M. A. Browning MAB/co/faw P.Se: Val is in Belgium in case you have not already heard. Mareh Mr. John $ Bridge New York R. Rafter Street Dear Mr. Rafter: We the We on wish 4, New shall the acknowledge be very above 1948 York to receipt of 31, all your documents pleased material. to letter listed have | of Mareh any in that 26 and letter, suggestions In line with our policy of wishing to keep you informed of various phases of our business, I am attaching latest revised price schedules on our automatics which we import from Belgium. Also I am including a price schedule for the Overunders, which we shall be importing probably within a matter of weeks. I believe the first sample guns will be shipped around April 13. You will note the rather startling increase in the factory cost of the automatics. It will be equally striking to you to observe the considerable cost of the Overunders relative to their prewar prices. Sincerely yours, M. Bigelow Browning Vice President & Asst. MBB/co/aw AIR Enel MAIL Manager JOHN RM. COUNSELOR RA AT FTER TELEPHONE: LAW 8 Bridge Lireet, Now York I January Mr. c/o M.A. J.M. Ogden, Dear Browning, & M.S. Mr. & Company, am Morgan's enclosing letter payment for half company to your for to acknowledging of 1948 Browning: I Abbott Browning Utah. 6, your files Breed, of January. 5th, me their services on be- date. Sincerely CGH yours, “a WHITEHALL 4-5094 WILLIAM C. BREED CHARLES 4 LU ae. DANA T. ACKERLY YAMES MoV: BREED SUMNER FORD PARIS S. RUSSELL WILLIAM J. QUINN WINFRED K. PETIGRUE GEORGE A. WILSON J. SY DN EV.S:LONE STODDARD B.COLBY WILLIAM Cc BREED eUiR: COU BY24SiteSsoin WILLIAM L.HANAWAY PAW Lo PESTON THORNTON C. LAND MATTHIAS PLUM LLOYD V. ALMIRALL CHARLES R. MAXWELL,JR. ALLAN A. O’GORMAN WILLIAM G. MEKNIGHT, JR. KENDALL B. DEBEVOISE JOHN ROBERT BROOK WASHINGTON BREED, ABBOTT IS & BROAD NEW MORGAN STREET YORK 5S: WN-Y. Si7. | TUMULTY, LONDON GILBERT PARTNER F. KENNEDY GARDEN ..S1.REei January “JR: ir — Browning acknowledge our order for your MIDDLE LONDON, E.C.4 TEMPLE “BREEDABBOT’’ 1948. Co. letter $1 9150; Browning Naw: 4,D.C. COURT, CABLES PARTNER VOSEPH=P. FE WASHINGTON Co. Clative of ace: 1 ayment fo of the comment respect- JOHN R.RAFTE COUNSELOR AT R : TELEPHONE: WHITEHALL 4-5094 LAW gp 3 IF of A La (7 “Yé ——— Bevodk December JM. Ogden, & M.S. Utah. Browning 1947 Company, Attention Gentlemen: 29, G of Mr. M.A. Browning. This will acknowledge the receipt of your two letters of December 22nd, enclosing your two checks to my order in the amounts of $1750.- and $5069.68, in payment of the two bills therein referred to. : As the amount of to correspond Breed, Abbott due course. It the latter check is for $200.- more than my bill, I am enclosing a receipted bill with this payment. A receipt from & Morgan will be forwarded to you in is my services are your gensrosity With a great satisfaction thus appreciated; in this matter. best and to I know thank that you regards, wincerely yours, fe Keape— for # December Mr. John & Bridge New York Dear Mr. R. 22, 1947 Rafter Street 4, New York Rafter: We are in receipt together with the very fair in your cheek herewith plus $69.68 to of your letter of the 19th bill enclosed. We think you charges and are enclosing a for an even $3,000.00 cover expenses. We would to take and to for Year. the like careful wish you this attention occasion that you Yours very truly, M. Browning a Merry Christmas A. Vice-President MAB/Co/aw Enel ATR MAIL for to are and a are services thank you Happy New giving us J OHN R._RA COUNSELOR FTER AT TELEPHONE: WHITEHALL LAW 8 Barudge Liveel, ee December JM. & M.S. Browning Ogden, Utah. close, I of Mr. M. Browning. A. Now that the current year is drawing am enclosing my bill for services and disbursements a variety 1947 Co., Attention Gentlemen: 19, As of since you January may matters, invoicing, dutiable been very active on two months. know, first. my i.e. work this trademarks year (customs value, rates of duty, some of these matters to a certain covered phase), etc. I for the have past this bili is subject to revision, if you think it is too high - particularly in view of the payment to be made for the services of other counsel, as per my other letter to you of today's date. in: this connection, I recall the liberality of your payment to me at New Year, any the end of which you With best wishes adjustment last year and I to you may “Sincerely am suggest. disposed for to make Christmas and yours, co ae the 4-5094 December Mr. John R. Rafter New York 4, New Dear Mr. Rafter: S Bridge We are Street in York receipt bill also As of your letter of the 19th mentioned phases of the aforementioned firm for received, and we are enclosing with for our takes up handling over handling business the phone, for us. various we legal your time as well the problems. We as also wish realize that matters that Sincerely of MAB/Co/aw Enel AIR MAIL service to thank connected the yours, M. A. Browning Vice President of $1,750.00 our cheek mace out to you for this amount. Both the ana the bill are entirely satisfactory. you 1947 — together with a letter of the 17th from Breed, Abbott, & Morgan covering various the Sherman Anti-Trust Act. The was 22, this firm WILLIAM CHARGES C. BREED Hing Wits DANA T. ACKERLY PARIS S. BREED, JAMES MEV. BREED SUMNER FORD WILLIAM WINFRED RUSSELL J. ABBOTT IS QUINN K. PETIGRUE BROAD NEW: GEORGE A. WILSON J.-S YDN-EY: STON E STODDARD B.COLBY WILLIAM C. BREED, JR. COLBY STILSON WILLIAM L. HANAWAY RAUL GP EvaON THORNTON C. LAND MATTHIAS PLUM LLOYD V. ALMIRALL CHARLES R. MAXWELL,JR. ALLAN A. O’GORMAN WILLIAM G. MCKNIGHT, JR. KENDALL B. DEBEVOISE JOHN ROBERT BROOK & MORGAN STREET YORK S2.N.Y: S07. WASHINGTON | GILBERT. GARDEN December 17, LONDON, E.C.4 Rafter, 1947 Esq., Street, New ork is Mr. Rafter: Dear ¥ We for * iy N 2 y here services ® enclose, to subject your approval, date. Yours DTA:HC Bnelosure to sincerely, C2 TEMPLE “BREEDABBOT2Z KENNEDY & Bridge 4,D.C. MIDDLE PARTNER John NOW. COURT, CABCES WASHINGTON PARTNER JOSEPH PP. TUMULTY, JR. LONDON ESTHET our JOHN R.RA COUNSELOR AT FTER TELEPHONE! WHITEHALL LAw 8 Lridge Direc, Na November Mr. c/o Dear M. JM. Bigelow Nr. & M.S. Browning, Browning 12, Gite 1947 Company, Browning:Le) Your letter of November 4th, enclosing price schedule of FN automatic as of August 13, 1947, is acknowledged with thanks. the same November For as the lst. your information, this schedule is one enclosed in your letter to me of Sincerely SH JRR: BL yours, ee 4-5094 Charge to the account of ___~ x. DOMESTIC . TELEGRAM ORDINARY DAY URGENT RATE . LETTER SERIAL DEFERRED NIGHT | NIGHT LETTER. | CABLE should Patrons check ETTER class | of service desired; otherwise the message will be. “ transmitted asa telegramor inary cablegram. | 3 Ag _ womens A. N. WILLIAMS PRESIDENT a : . = eres J CLASS OF SERVICE DESIRED \ r , ) ACCOUNTING INFORMATION | . ae ” . - NEWCOMB . CARLTON J.C: CHAIRMAN OF THE BOARD PN : : WILLEVER FIRST VICE-PRESIDENT Send the following message, subject to the terms on back hereof, which are hereby ‘agreed to | “ | | | | : December RADIOS THAT HE WILL BE AT 12 PLAZA HOTEL M. BROWNING A. : ota ti eee TIME | ee FILED » WANT A REPLY? 8 1947 JOHN R, RAFTER $8 BRIDGE STREET NEW YORK, NEW YORK VAL e | 7 = MONDAY “Answer by WESTERN UNION” | or similar phrases included without may be charge. | f | JM. CLASS OF SERVICE DESIRED CABLE _ DOMESTIC TELEGRAM ORDINARY | DAY URGENT RATE | ~ ee LETTER “SERIAL | : ACCOUNTING INFORMATION | transmitted asa telegramor cablegram, 7 A. N. « a WILLIAMS NEWCOMB PRESIDENT CHAIRMAN CARLTON OF THE BOARD J.C: — October YOUR se | ae WILLEVER FIRST VICE-PRESIDENT Send the following message, subject to the terms on back hereof, which are hereby agreed to JOHNR, RAFTER 8 BRIDGE STREET NEW YORK 4, NEW . | | | | TIME FILED \.. WANT als A REPLY? “Answer by WESTERN UNION” | or similar phrases may L947 included GENERAL CONFERENCE Please Use Urgent DOUG ELLIS | Rate WILL REGARDS BE HERE TODAY AND TOMORROW be without charge. YORK INFORMATION XY a : : 7 Patrons: should check class of service desired; otherwise the message will be. FOR J ‘abe | , | _ NIGHT LETTER ordinary aos ees = = | _—.: DEFERRED NIGHT LETTER ~\ @ M.S. Browning Company ny Charge to the account of FOR A the Charge fo J OF SERVICE CLASS “DOMESTIC TELEGRAM DAY LETTER hy ‘ NIN NG | OG: DE COMPANY, N ates 3 DESIRED 1206 CABLE NIGHT NIGHT ACCOUNTING : LETTER : ? A. N. WILLIAMS PRESIDENT NEWCOMB CARLTON CHAIRMAN OF THE BOARD TIME J. Cc. WILLEVER FIRST VICE-PRESIDENT ~ Send the following message, subject to the terms on back herent, which are hereby agreed to FEBRUARY 1 P 1947 : JOHN R. RAFTER § BRILVGH STREET NeW YORK 4, NY ADDRESS PENNSYLVANIA REGARDS HOTEL M. A. BROWNING FILED ~\ WANT ‘(fi ; INFORMATION : | 3 | Patrons should check class of service VAL'S | | | desired; otherwise the message will be transmitted as a telegram or Va \ ordinary cablegram. XX CHECK SJ ; URGENT RATE DEFERRED - 7 ORDINARY SERIAL LETTER BRO of aeeoune A REPLY? “Answer by WESTERN UNION” or similar phrases may be included without charge. f CLASS SYMBOLS OF SERVICE This is a fuill-rate Telegram or Cablegram unless its deferred character is indicated by a suitable symbol above or preceding the address. DL=Day 4 VE LC=Deferred Cable NLT =Cable Night Letter A. DOO Fi be GEA mg pe t . Nae! 27 RE Soe F ee $s N. WILLIAMS PRESIDENT 5 i. i j } ¥ i BROWN it rte 4 de? ee te oe ™ <7 iJ ; oe i or WS ij (AOE os AY] tt ee ; , ERS Fi OwWN Pas is TI Rar 8 f : ik : TOMORROW = = AA rt 4S i 4 tt 44 AOA E Se ‘ H : tee ne THIDMAY Be + baz SS bd eo oe ; OFT Ki 1 nay wf \ ae oe ie WHOA DA ATS Ose Fy Hn a fi a ; wT 4 ; (); Ba rt fi es 7 4 > i GARDS= neil ET RY : q ee = ae : ; > “} iL3 ic : oe i . eer iy Ve i {7 ‘ 4 i THE COMPANY WILL APPRECIATE SUGGESTIONS FROM ITS PATRONS CONCERNING. ITS SERVICE 7 TIME at point of destination i WOU] <7 ney FPHONE er Ps 4 Be WA ape AS is PP J PAL Time of receipt is STANDARD a FORTS 4 TIME at point of origin. Ship Radiogram iW iL. £4 ‘ Ris IVF PY FD ES 4 ee eeee CA 3 OL Ge a Letter NL=Night Letter The filing time shown in the dateline on telegrams and day letters is STANDARD WIA Sy fq Sy io se iy i yo i | | Kes 4 oe vo i A hs JOHN R.RAFTER COUNSELOR AT TELEPHONE: 8 Bridge Hireel, New Yerk 4 Mr. c/o M.A J.-M. Ogden, Dear e 235, 1946 Browning, & M.S. Browning Utah. Mr. Browning: your letter for of $2000.- December..17th, check who have there is Though I have several good clients relied on my advice for many years, none whom I regard more highly than more for them. years to follow, the year 1946 was a very you waited for a bill, I been for much less. Brownings. My With only best for my services -en- closing for pleasant surprise. Had am sure it would have regret wishes Sincerely Sore is that I for 1947 and yours, cannot all the do the Urb : i ¢ WHITEHALL LAw December ; 4-5094 December Mr. John 8 Bridge New York R. Rafter Street 4, New York Dear Rafter: Mr, Enclosed for herewith service for is the All of us appreciate our year 17, check 1946 1946 for $2,000.00 soon your efforts to end. in our behalf end wish to pay you generously. If check is not entirely satisfactory, hear from you, the enclosed please let us With of kind personal regards from Sincerely, Enel. MAB/co/faw all us, [ JOHN - TELEPHONE: R.RAFTER COUNSELOR AT WHITEHALL LAW 8 Brubge Direct, / Von January Mr. c/o MeA. Browning, J.M. Ogden, and M.S. Dear Mr. and letter a Browning Utah. check during 4, bork Dh 1946 Company Browning: for the I want to thank you for your telegram of December 26th, the letter enclosing $500.- past in year. payment for my services This payment is certainly very generous and is greatly appreciated, inasmuch as during the last previous year in which you paid me a retainer you had already stopped importing and I did virtually nothing to earn it. Val Browning from Europe, he is in New import you. I can well understand the reason why was unable to meet me on his arrival but I hope to see him the next time York. Whenever you are ready problem further, I shall be With best to discuss your glad to hear from regards, sincerely yours, ee Oe 4-5094 Charge to the account of a CLASS OF SERVICE DESIRED\ DOMESTIC TELEGRAM ORDINARY DAY URGENT _EETIER SERIAL NIGHT LETTER | CABLE . ~ W, J 7 , NIGHT i e Na LETTER : Patrons should check class of service A. Compar : 3 e TES desired; otherwise the message will be ~ transmitted as a telegram or { ordinary cablegram. f Brownin - \ a CWA S RATE DEFERRED M.S. N. WILLIAMS PRESIDENT | . » 4 Xe December JOHNR. RAFTER 8 BRIDGE STREET NEW YORK, NEW YORK ARRIVED HERE YESTERDAY. WRITING. M.A. : : J.C. WILLEVER FIRST VICE-PRESIDENT BROWNING 26, 1945 \ ACCOUNTING INFORMATION | | Send the following message, subject to the terms on back hereof, which are hereby agreed to VAL | | : NEWCOMB CARLTON CHAIRMAN OF THE BOARD = J | TIME FILED December 26, 1945 John R, Rafter 8 Bridge New York Street 4, New Dear Mr. Rafter, Val had I not was so do report a tough crossing and think there anything near, at York he this came directly is time, but we inasmuch as home, will Christmas particularly be going into to matters more thoroughly now that Val is here, If anything new develops, we shall get in touch with you. We are inclosing now ending. us hear from Hoping you our If it you. are is check not enjoying for $500.00 satisfactory, the holiday Sincerely, for the please : season, year let JOHN R. RAPTER Counselor at Law @ 8 Bridge December Mr. c/o M.A. J.M. Ogden, Dear Browning & M.S. Utah Mr. Browning Street, New 10, 1945 P y York Co., Browning: I have your letter of December 4th and its enclosures, telling me of the price situation in Belgium and its effect on your plans to import shotguns. It is quite clear from your letter that it would be unwise to make any extensive importations under existing conditions. Indeed, it would appear to be advisable either to defer importations altogether until the situation has improved or to limit your imports to a bare minimum until you have tested the demand here at the higher prices you will have to charge, I am accordingly surprised at the size of the commitment you seem to have made with FN for delivery by next Fall; and [I sincerely hope you will be able to sell such guns at a fair profit when they arrive. Needless to say, I shall be happy to he reaches New York, even though the may be more or less academic at this Thanking you for your letter and see Val Browning matter of custom time, with best sincerely yours, gdohn R. Rafter regards, when duties 4 JOHN R.RAFTE COUNSELOR AT > TELEPHONE: WHITEHALL LAw 8 Bridge Direc, ee December: Mr. M.A. 1945 Browning, Utah. Ogden, Dear 10). Gordy H Mr. 7 Browning: I have your letter of December 4th and its enclosures, telling me of .the price situation in Belgium and its eftect on your plans to import shotJ EUNS. it. is’ quite’ clear from your letter that it would be unwise to make any extensive importations under existine condit-ions. Indeed, it would appea to be advisable of the ery I am accordingly surprised at the size commitment you seem to have made with FN for deby next Fall; and I sincerely hope you will be sell such guns at a fair profit when they elther to until the situation has ports to a bare minimum mand here at the higher Val Browning Needless when matter of customs at..this= time. regards, he to say, reaches duties Thanking defer importations altoogether improved or to limit your imuntil you have tested the deprices you will have to charge. you may for : New be 2 n Yor! your sincerely be r letter yours, happy even less and to see though the with best academic 4-5094 J.M. & M.S. | Charge to theageaccount of _/ CLASS OF SERVICE DESIRED DOMESTIC CABLE TELEGRAM ORDINARY DAY URGENT RATE LETTER SERIAL DEFERRED NIGHT LETTER Patrons desired; \ should check otherwise the \ COMPANY ‘ea TEC | . € 4 Se: _ & fe : : re ee | Da, ‘= YW, WA ~4ce CHECK ACCOUNTING INFORMATION oe NIGHT LETTER class of service message will be transmitted as a telegram or ordinary cablegram. TIME le A VS N. WILLIAMS PRESIDENT NEWCOMB CHAIRMAN OF J.C. CARLTON THE WILLEVER FIRST VICE-PRESIDENT BOARD | WANT of . A REPLY? “Answer by WESTERN UNION” December DELVOARM, RAFTER FILED Ne Send the following message, subject to the terms on back hereof, which are hereby agreed to | aS -+ 1945 or similar _— included LIEGE WARNS BE SURE SALES ARE MADE USUAL WHOLESALE QUANTITIES AND AS SOON AS REASONABLY CAN BE MADE MARRINER phrases without may be charge. December John 4, 1945 R,. Rafter 8 Bridge New York Street 4, New Dear Rafter, Mr, York Upon Val's arrival at the factory he found conditions quite different from those expected by us. From your knowledge of importers’ problems you doubtless will not be surprised to know that prices quoted were about double those of pre-war times, OPA regulations therefore with you affect grade 1 automatic imported articles at a higher price that could competition in was discussed The standard the war and handle this by us Mr, in quite a different Baxter, shotgun such manner than we imported before same domestic article as costing $16.00, was quoted at $52.00. We cannot item, first, because OPA regulations preclude selling than the sells for, and we would therefore have little, if any, margin of profit. Second, because a fair margin of profit added to our cost would ineorease our selling price to a point where it is doubtful we meet this country. We are therefore forced to abandon any idea of importing the standard grade 1, going from that gun to guns with ribbed barreis, Although I do not have all of the detalls as yet, these guns were quoted at $32.00 plus $3.00 for ribs, or a total of $355,00. Assuming we sell the domestic gun these guns at the price at which we were selling with raised rib, namely, $58.51 wholesale, we the are will have a gross In fact, we could fact that margin, we margin not do also of 33. 83, which of course is business on this margin were selling domestic guns very small, it not for yielding a larger Certain factors may be working trend in this country seems to in be our favor, namely, 1, the price upward; 2, guns may be released 4, the specific from control tariff opinion on by might these OPA be or OPA lowered matters no expire; doubt as 3%, thore favorable exchange; good ours, so brackets as raised, and Your I will not With guns that will these thoughts in mind we have therefore agreed to buy 23,000 to be delivered by next fall in accordance with the prices FN quoted, and subject to OPA approval. All of these guns have ribbed barrels insofar as we can tell at present, with the elaborate, is may or exception called “Sweet that we may possibly Sixteen", subject to order OPA up to 25% approval of of the our type desired John R. Rafter - Page 2, | December 4, 1945 selling prices. We look for no difficulty here because there is not a Similar gun manufactured and sold domestically. The quota- tion for the Sweet Sixteen is $32.00 plus $6.00, or $38.00, We are taking some chances of being able to sell the higher priced guns aforementioned in competition with the volume standard grade 1 gun of domestic manufacture, but rather feel that the accumulated demand will absorb them for a year or two, At any rate, it is the best we are able to do if we are to remain in the import business, Val has said conditions facture of nothing are this so bad gun about is and out the Overunder of the costs so high and my over question assumption there for the that time For your information we are inclosing herewith a copy jobber's price list dated January 1945, together with price list for the same year. It is possible that we to sell along the with standard the grade imported 1 automatic guns. of Remington the is that manu~ being. of Remington's a copy of our may continue manufacture Val will be the water. York. sailing this Doubtless he way very shortly, if he will call on you on his is not already arrival in New Hoping business on kind regards, your is the upgrade, and with | on personal Sincerely, MAB/co/fs P.S. 7th as on dust long the as received Nathan a word that Clifford, summer cruise. Val due in will New sail York from the Antwerp 22nd. December Takes about JOHN R.RAFTE COUNSELOR R TELEPHONE! WHITEHALL AT LAW 8 Lidge Direc, Ma May Mr + M oA © Mr. 1945 Browning, c/o J.M. & M.S. Ogden, Utah. Dear 28th, Bebe Browning Company, Browning; I have just returned to my week's illness and hasten to acknowledge for your letters of May 15th and 19th. Having already learned by desk after a and thank you telephone at home that your future plans include possible importations, I immediately declined the proposal which had been terest made in to me which resuming might be importations. in conflict with your in- I have not yet heard from Mr. Baxter, but I shall be very glad to meet him whenever he is ready and shall tell him everything I may know about the tariff and other matters which might affect and interest you. until you portation, are you In the meantime please remember that, actually ready to formulate plans for will probably not require the services im- of a customs attorney and should incur no expense in that direction. If you then think you need me, I shall be very glad to help. With best wishes, Sincerely yours, fot fe Panes Kapo— 4-5094 , Gordon ru : 3 Ours. week, Ee and fire’ of and wild MH, DEXLe? G4st xpeeLs GO , Saxter, Ca: ish we would like He wi 1 ibe DAZGer nae or less an Zi the Firm he by wie Onc Gehole« Ox to have him visit week, *} as of Cer tified FuUdbLiG ACCOUNTANTS, ie es GVGRINE, Oni businesa OL this you the keep in touch with you apy Ointment for sgorved a definite us for a time, awer of JOOPG, Si Vs ui Lous eapacities outside the 3 mn of his particular line, and be io now assisting us : in getting oh .Lg8 organized to resume our Gone eredal |sun businesa. He ie more familiar with the various agpeots f this DUoINeSa, al one Boi-teag our othor af faire. "@ would appres sate vory : -_ having you Paty eda with him, heir and the tariff You will ould dn ae ands be pieasant orm iS « and BOlpful readily Smile, "40h kind all to on to other matters in eonnection recocniace pergonal say methine rerarde him by thet you with about this nie black } 130 bo» » 2 ome 2 My. John R. Rafter, § Bridge Street, New York - City 4, : : N.¥. Dear Mr. Rafter: the We were all pleased to receive your letter of and to know that your services are again availe able 9th, usé to 3 tation and Our plans have not changed regarding the imporsale of Belgian guns, along with American made guns. The sale of guns of a similar type but of a differe ent make, presents a sales problem, but we are hopef ul of working out a successful method. importation will but if these factors have war, we feel sure that we Guns on a fair basis. hess and The with letter. us, factory and We we have depend on not can chanced arrange officials are are tariff, very with anxious corresponding also been in about 60% intact, of the this country since the report is that wars keeping which is a few as the with months before the factory and eable each telephoned us and his wife have could tools outbreak are be hoped for. to resume manus soon as we ean: stand, regarding the factors aforementioned, shipping, and formalities incumbent theretoe Prices are it would appear bound is compensated by the same present, s, busi- by in touch good as CU since the to purchase to resume We do not know yet, when they will be able facture, but suppose they will be ready as tell where we together with much F.N. constantly other through Mr. Schroeder, who recently that he is sailing for Belgium today. He been exchange, to be higher condition that we’ must over there, in this country. take pricesof but this At similar My. John articles the cost R,. Rafter this country, to determine if F.N, selling factors, be necessary May in to what we can and afford figure to can meet 15, 1945. backwards pay. the It through will price. then Whenever you have information which you think will be helpful, please do not hesitate to send it to us. When we are able to resume business, we feel sure that we will be able to make some satisfactory arrangement for your services. In the event we are not able to resume business, you may bill us for whatever you have been able to do in the meantime. All of us send our best wishes, Sincerely MAB:CO:mt yours, : JOHN R.RAFTE COUNSELOR AT TELEPHONE! R WHITEHALL LAW Mr. c/o M.Ae J.M. Ogden, Dear Browning, and M.S. Utah. Mr. § Badge Sot Vw May 9th, 1945 York Browning Company, Browning: In your letter to me of May 2, 1944, acknowledging my notice of change of address, you indicated that you might be handling both Remington and Belgian guns after the war. If there is still a possibility of your resuming such importations, I would appreciate a word from you to that effect, even though you may later decide to abandon the idea altogether. intentions Needless will be to held say, in any expression confidence. of It will all the your help me to answer an inguiry regarding the performance of services which might conflict with your interests. That is all I am now at liberty to tell you, except to add that it will be no great deprivation if I do not accept the proposal. You already know what my answer will be, if there is even a remote chance of your ever importing again. Brownings. My best regards to Sincerely you yours, in JRR*BL and he Mage. 4-5094 JOHN TELEPHONE: R._.RAFTER COUNSELOR AT CABLE LAW WHITEHALL ADDRESS 8 Bridge Lreel, Now York 4 May Mr. c/o M.A. J.M. Ogden, Dear Browning, & M.S. Utah. Mr. Browning Sth, 1944. May end Co., Browning; appreciated. Your letter of was very much Though the practice of customs law has been hurt by the war, it is still alive and kicking and some day, I hope, will. recover. At any rate, there are about in that. so many these more times important that I try matters not to to worry think about I can well understand how your shot-guns, first the imported and later the domestic, became a war- casualty. They too, I know, will again come into their own. The all members of and that sood wishes. I had the In name the your pleasure you will Thanks "Browning" meantime, family of all that. that you and years ago) are well, letter and for your I trust remain a few for so. your Sincerely JRR:BL assure (including meeting again will yours, Val's son, 4-5094 “RAFTERLAW” whom JOR 8 Ne HALO, Bridce JUPGOT, ew York be : Nw ke = *s Your eard announcing your change in offfice was — Yecoived, and we are all nleased to hear from YOtls Pros m time to CLG y we have montioned you, wondex 3S af you were still practicing law, Wo atill bave hopes resuming our imports business after the "wer, and will no doubt be getting in touch with you when 4!he time arrivess heads ago, it might interest of the Belgian plant, and HANGS « They ene TULUTe> have had Soom to you to know that several eacaped to Snglend about several be visite Yory with ent hustastio them about in this of the two years coun ry proagveecte ws Fr et for You may already know that we entered inte an arranrcee rent with Reui.ng'ston Compe ny to supply us with automotic shote guns after the invasion of Seleiun. After we had the business eens fe rly |well, storm in good the Wax Production Board cut off steel pplies for such amas, and we have been struggling along, hold ian , our Little ‘eens ntion together as best we could, aver sineee It je not at all unlikely that wo ahall be handling both Hemington and Delsian guns after the wax's Wo bias all extens shape, th kind smd our hone that personal tha % you your hes ith regards, Sincerely, are 4s weathering of the beste the JOHN TELEPHONE: R._.RAFTER COUNSELOR AT CABLE LAW WHITEHALL ADDRESS 2 Kector Liveet, New York January Mr. MeAe Arms Dear Browning: Utah. Mre tinuing for the 1941 Browning, Browning Ogden, 20, my Company, Your retainer current importations possible to letter year, Though by your assist by the is of January Browning greatly 17th, Arms con- Company appreciated. the present situation precludes company, I trust it will be you in‘some manner,to justify the payment ef my fee this year. Having in mind*the fact that your guns are now being made in this country, perhaps there will be occasions when you will wish to be informed of the rights and remedies which are open to American manufacturers or wholesalers under our tarif{t laws --if only for-Tuture. reference or in connection Needless inguiries. to with say, the I With planning of your shall be happy best regards, sincerely mar a JRR:BL wt to future answer policy. all your yours, Oo : 4-5094 “RAFTERLAW’ fea January ur. J.R. Rafter Dear Mr. Rafter, 17, 2 Rector Street New York, New York Upon my return from out of the ietter of January 2nd has been State I find your forwarded here from It is an uncertain world we are and it is difficuit to foretell living in today, the future. We can- St. not Louis. be sure import field Lifetime. that we either will next again year be or able ever We would like to be as considerate as sistently be concerning your retainer fore asking St. Louis to forward you to enter during the one's we can sconand are there- your annual retainer of $500.00 with the understanding that in the event the foreign situation does not clear up this year that 1t shall be discontinued, We recret that the war has destroyed this business, but then we have to expect such things in war times. We wish to express our appreciation of the pleasant relations we have always had with you and hope this does not end them. With kind personal regards, Yours MAB/BA/fs very truly, 1041 FOUNDERS BROWNING INVENTIONS U.S--As STANDARD EQUIPMENT HEAVY MACHINE GUNS LIGHT MACHINE GUNS MACHINE RIFLE AUTOMATIC PISTOL AUTOMATIC AIRCRAFT AND ANTI-AIRCRAFT ARTILLERY. JONATHAN BROWNING JOHN M. BROWNING MATTHEW S. BROWNING ARMS EXECUTIVE COMPANY REG.U.S. PAT. OFF. ST. LOUIS ST. LOUIS, MO. January 6, 1941, M. Ae Browning, c/o Je Me & Me Se Browning First Security Ogden, Utah. Dear Mr. Bank Coe, Bldg., Browning: Enclosed please find letter received this morning from John R. Rafter regarding this year's retainer. It looks as though there is some question in Mr. Rafter's mind as to whether we will continue this retainer this year. Enclosed also find second request from the United States Guarantee Company. They have not as yet made a personal call but if they do I will follow the instructions in your letter. We expect to get the price lists in the mail before the end of this week, and I am getting things cleaned up as fast as possible so I can leave for Ogden Friday night. This will allow me to see my folks Sunday and be down to the office Monday morning. If this is not agreeable with you will you please let me know. With best regards, Sincerely, PLEASE ADDRESS ALL CORRESPONDENCE OFFICERS VAL A. BROWNING, MARRINER A. BROWNING, MATT S. BROWNING, DOUGLAS B. ELLIS, ROY D. HOPPIE, Mr. 1805 1855 1859 TO THE COMPANY, ST. LOUIS,MO. PRESIDENT VICE-PRES. VICE-PRES. BRANCH BRANCH SALES MGR. MGR. JOHN TELEPHONE! R.RAFTER COUNSELOR AT CABLE LAW 2 Rector Livect, NewYork January Browhing Louis, St. FFROVWWIRAITIRTICG "*~™ ney Company, Arms: end, POE ee & | Vet RENND * 1941 ARN re pt ee LRINIVE oF. LOUIS, MISSOURI Mo. Gentlemens: acting For as attorney several tariff matters and time to send you a #500. | relationship to continue premises am and Kindly to this for years your it has been bill for my your inform year. BL me company Thanking you for with best wishes Yours JRR: past company I in have been customs and my custom at this annual retainer of whether on the the same your advice for the New very truly, same terms WHITEHALL ADDRESS is in the Year, I 4-5094 “RAFTERLAW” JOHN R. RAFTER December ATR 19, 1947 MAIL J.M. & M.S. Browning Ogden, Utah. Co., Attention of Mr. M.A. Browning. Gentlemen: I am enclosing for your files the opinion which I requested of Breed, Abbott & Morgan relative to maintenance or resale prices of your products in this country. You will also find cally all enclosed services in that my letter to you They of their bill, in the matter and for the of November 19th, consulted which is for me before the amount of $1750.+, opinion which sending this earlier opinion. for accompanied bill, I practi~ think they have made a fair charge. If you agree, kindly send me your check to my order to cover same, as their bill is addressed me and I would prefer to pay it with my own cheek. If you think they have charged too much, please tell me so and I shall take the In matter my up with them further. judgment, you should take Millard-Tydings amendment each states making of a resale the price 45 (as explained maintenance which have in | advantage of with dealer contract passed to the fair the enclosure) one trade acts by in legalizing that practice. For that purpose, it would probably be sufficient to have one standard form of contract prepared for you, either by Breed, Abbott & Morgan or your regular counsel, as you may prefer. If you decide to follow that course, you in general should then notify dealers price thus enclosure. You should also observe | which you may and may not do with respect the resale the existence trade in the things of of the all as explained particularly the and states and of a contract 45 other each such such the within established + of to resale price maintenance in those states (Missouri, Texas and Vermont) and the District of Columbia which have not yet legalized the maintenance of resale prices. I sincerely hope that the enclosed opinion of real assistance to you on this subject. If there phase of it which is not clear or any point on which like further information, please advise me. With best regards, Sincerely JRRIBL JohnR. yours, Rafter will be is any you would BREED, ABBOTT & MORGAN . December Mr. John § Bridge Rafter, Street, New York hy Dear Mr. 17, 1947 ae Rafter: At your suggestion, we have examined the legal methods by which Browning may influenee the resale prices of its products. It is our understanding that these products all bear the Browning trademark, and, further, are in free and open competition with products of the same general class produced by others. that to Such Browning the Sherman being the facts, Anti-Trust Act, take advantage of it is 15 U.S.C. the our recommendation Miller-Tydings #1, amendment permitting the manufacturer or wholesaler of trademarked commodities, which are in competition with similar commodities of others, to establish minimum resale prices by contract. Thus, legally, Browning may maintain complete control over the resale prices of its dealers, with a right to sue on the contract in the event of breach. Moreover, any ultimate retailer, though not a party to a contract, who wilfully and knowlingly advertises, offers for stipulated Browning. however, sale or sells Browning products contract price, is subject to a The only at less than the damage suit by Miller-Tydings amendment is effective, if the state where the resale is to be made, In Missouri, passed or to which the commodity is to be transported for such resale, has passed a Fair Trade Act legalizing resale price maintenance. Forty~five states have passed such acts, the exceptions being Missouri, Texas, Vermont, and the District of Columbia. a Fair by the lower January house and The usual procedure will provisions of a Fair Trade Miller-Tydings amendment), be Trade Act has been considered by for advantage taking the Senate Act (and hence of the is for the manufacturer in of the of a trademarked product to make a resale price-fixing contract. with only one of the dealers retailing its products in the Mr. John Rafter ow December 17, 1947 given state, and then to notify the other dealers and the trade in general within that state, of the existence of such contract and the price so established. It is not necessary to make price fixing contracts with large numbers of customers. It and maintain would thus throughout noted areas those Disregarding areas where such excepted), appear the that United a uniform exceptions noted could be effectively, by following below. Browning States resale could (with price the establish policy. above ‘The. covered in part, albeit less the alternative practice described | Fair acts Trade Acts (and of necessity do not exist), a policy of Suggesting resale established, The infinitely large, prices te Browning distributors may be ramifications of such a poliey could be but from the applicable law we have which should distilled according the a few fundamental to the decisions, policy "do's and delineate operate. They don'ts", which, the basic limits are as follows: in within Do's to 1. It is lawful 2. It is lawful resell at less to a distributor minimum price. 3. advance The It of ie an above to than who lawful request a stated to refuse resells to intention incorporates that a seller may, for his own buyers. (Cream of Wheat Co. v. (Cc. Gi Ae 8 L926 to the price, to continue below inform thus a distributer minimum a such not to sell requested distributor in refuse, fundamental reasons, choose F. T. Ge, 14 F. concept his own (2a) 40 Don'ts 1. Don't golicit information on price cutters from customers, dealers, trade associations, ete. Information on price cutters may be used when obtained through their publicly circulated advertisements, or through unsolicited reports by customers, dealers, etc. will 2. be Don't make maintained, tacit agreements, that resale prices or seek assurances as to future conduct, or incorporate maintenance agreements as a condition precedent of to price in present future sales. Mr. John Rafter 3. Don't o3e December compile or price enforce resale price against price-cutters, the above is a policy in any manner laws. F. lists, or in any eut off supplies 4. means Don't of price The essence price maintenance of manufacturer depends cutters way cooperate with distributors from price-cutters. discriminations of based on on, or funetions gression of the anti-trust outlined The one above is the distribute with agreements any 257 U. S. 441 (1921) group or maintenance that of any of or combination, is through, Tf. €. v. the it should be pointed to resale which cooperation Beechnut jurisdiction where even the narrow of doubtful legality, is the State general, 1947 by sort, We recommend that the advice of Texas attorneys before adopting the above policy in that state. Motor Co., 175 S$. W. (2d) 230, 235. | In 17, a trans~ Co., policy of Texas. be sought See Ford out that the legality of suggesting resale prices rests upon interpretations of present decisions, which decisions may change eovernight in any or all jurisdictions, whereas operations under the Pair Trade Acts enjoy the comparative permanence and certainty of statutory law, It is for this reason that we recommend amendment in the this that and Browning the Should matter, necessary Fair avail Trade Browning we should, contracts itself Acts. elect and of to to of the follow course, advise be Miller-Tydings our recommendation pleased them more operation under the Fair Trade Acts. However, General Counsel,or any competent attorney, is to draw fully on the company's qualified to draw the required papers for them. In any event, please feel free to confer further withus on any point of your inquiry that this letter has not adequately covered. Very truly yours, /s/ Breed, Abbott up & Morgan RAFTER BDecember,.31, Mr. c/o M. J.M. Ogden, Dear Bigelow & M.S. Utah. Mr. Browning, Browning 1947 Company, Browning: tf am enclosing for. your information and files a copy of my letter of today's date to Mr. Bllis, referring to (1) the amendment of your unappraised entries of imported automatic shotguns and (2) your future entries of such guns, if the appraiser should decide to appraise them at their "foreign value", as defined in the tariff act. There is really no problem in entering the guns at that kind of dutiable value, either when making an original entry or when amending an entry; and I feel sure that your customs brokers at St. Louis are thoroughly familiar with the proper procedure, New Year, With I am best wishes to you and Sincerely /s/ JRR:BL Bne. ATR MATL John yours yours, R. Rafter for the December J.M. 1718 St. & M.S. Browning Washington Louis Ave., 3,.Me. 31, 1947 Company, Attention of Mr. D. B. Bllis. Gentlemen: Mr. M. Bigelow Browning informs me that the appraiser at St. Louis has now received and considered FN's replies to the questions embodied in his letter of October 7th. I am likewise informed that, though the appraiser has not yet reached a decision a the matter, he indicated in a recent conference with Mr. Ellis that = is inclined to believe that your imported automatic shotguns have a “foreign value™, as defined in the tariff act, and to appraise them at that kind of dutiable value. I am likewise informed that (1) pending the receipt by him of FN's replies to his questions, the appraiser withheld appraisement of several of your entries of such shotguns, and (2) if and when he decides to appraise them at "foreign value", he wants you to amend such entries so as to equal his weopoced findings of that kind of value, even though such amendments may involve deductions from the values (your purchase prices) at which the guns were originally entered. It is accordingly recommended that, if and when the appraiser advises you of the values at which he intends to appraise the guns which have not yet been appraised, you request permission to amend the unappraised entries of such guns so as to equal his proposed findings of value. In effect, this will probably mean an amended entered value for the standard, Grade I, gun of Belgian francs 1510, plus a Belgian tax of of per gun. of of exchange for the guns, as $37.- 4$%, converted into U.S. the Belgian france as contrasted with your In this connection, dollars at the rate refer to pages of the date of exportation original entered value please 5-6 of the memorandum re dutiable value which accompanied my letter to you of December 2nd. In any event, you should ascertain from the appraiser the exact values at which he intends to appraise that grade and the other grades and should make your amendments accordingly. JI.M. & M.S. Browning Company December 31, 1947 Your customs brokers are undoubtedly familiar with the mechanics of making such amendments, and you should consult with them to make sure that the matter is attended to properly when you have definite advice from the appraiser on this subject. If your brokers have any doubt as to the proper procedure, please advise me and I shall endeavor to explain it. It is also recommended that, if the appraiser decides to appraise your imported shotguns at their "foreign value", you make your future entries of such guns on that basis rather than at your purchase prices as you have heretofore done, and you should continue that new practice until such time as you may be informed that the guns no longer have a "foreign value", Here again, you may undoubtedly rely on your customs brokers to follow the correct procedure, which I shall be glad to explain if it should become necessary. Trusting that this letter gives you the information which you will require on this subject, and with best wishes to Mr. Ellis, I: am Yours very (signed) JRR:BL ATR MATL truly, JOHN R. RAFTER JOHN R, RAFTER January Mr. M. c/o J.M. Ogden, Dear Bigelow Browning, & M.S. Browning Utah. Mr. 13, 1948 Co., Browning? I invoices and have po January ledged. it appears in other not other yet completed papers Sth, the which my examination of accompanied receipt of which your are the letter hereby to acknow~ From my preliminary examination of these papers that the values stated in column (11) of the cone sular invoice are intended States dollars, though the as values expressed kind of currencyis words, the It aceordingly person who in United not mentioned. prepared this invoiee recommended that FN seems have converted the foreign values of the guns and parts covered by this invoice from Belgian frances to United States dollars and to have done se at an undisclosed rate of exehange for the Belgian franc. | is be to instruct+ ed to state in column (11) of all future consular invoices of gung and parts which you will import from Belgium the foreign value thereof in the currency in which they are offered fer sale for home consumption in Belgium, namely, Belgian frPANCS » At the by inserting be inserted head of that column under the caption "Current price frances)". At the of column, home such consumption per unit" the kindof foreign value is expressed should after the asmuch as consular the "(Belgian enumeration of This should "Plus the JRRIBL AIR MAIL transmission matter information invoice appraiser. all now before such foreign tax be attended is values, of to little yours, /s/ R. Rafter that should promptly, in- assistance to by column Sincerely John foot 434". furnished me currency in which each also be stated, e.g., (11) of the also Subject Sales To M. From Grant Policy Bigelow F. Fair Trade BA-~-3A Browning Goddard Reference Date November 22, 1918 I submitted a copy of Breed, Abbott & Morgan's letter of his received December 17, 1917, my letter of October 25, 1918, and your letter of October 28, 1918 all relating to Fair Trading to Mr. George Simpkins for his thoughts on this we could not Trade. matter. Enclosed is letter today. Although his reply is rather noncommittal he did point out the fact that if we were Fair Traded it would be necessaryto make separate mailings of price lists, etcetera to dealers in states where Fair By telephone today I specifically pointed out to Mr. Simpkins your thought that, "they (Breed, Abbott & Morgan) then make it quite plain that without the advantage of Federal Law local decisions which are inconspicuous may unexpectedly upset one", He answered me that the danger for local decisions is nil for our type of product and merchandis— ing setup, that it is only where there iscallusion between manufacturers regarding price fixing, etcetera that local enforcement carries enough weight and force to cause trouble. As for the Federal Trade Commission rules Affecting the status of the Fair Trade Acts - it takes a Philadelphia lawyer to untangle their decisions, Their job is to enforce the Fair Trade Act, and their practices. in work is Last week This from Oklahoma about Fair principally applies I spent City, Trading. He directed to whether and several at the stated a product at price is Fair hours with he no time that I asked saw fixing and unfair Traded or not. Andy Anderson, who was reason why a company in him what his opinion our position should have to Fair Trade. He also pointed out that supposing we had a business recession and the demand for Browning was guns fell off, if we were Fair Traded in Oklahoma and a dealer wanted to cut his price he could write the manufacturer requesting to do this, The manufacturer must reply within ten days and either grant the request or take back the as as long merchandise It all adds conditions up for credit if the to me that we would exist as they are and dealer desires. gain nothing even if by Fair a recession Trading did set M. Bigelow Browning in two years price from adjustments now, would ~2— Lord be only 11/22/h8 knows what necessary anyway. the laws will The be then, disadvantages are and the cost, enforcement, separate mailings, possible dealer resistance, and additional communication necessary with dealers as oux economic conditions fluctuate. Subject Sales To M. Bigelow Browning From Grant Policy PF. Fair Trade BA-3A Goddard Reference Date November 22, 19)8 I submitted a copy of Breed, Abbott & Morgan's letter of December 17, 1917, my letter of October 25, 1918, and your letter of October 28, 1918 all relating to Fair Trading to Mr. George Simpkins for his thoughts on this matter. Enclosed is his letter received today. Although his reply is rather noncommittal he did point out the fact that if we were Fair Traded it would be necessaryto make separate mailings of price lists, etcetera to dealers in states where we could not Fair Trade. By telephone your thought that, today "they I specifically (Breed, pointed Abbott & Morgan) out to Mr. then make Sinpkins it quite plain that without the advantage of Federal Law local decisions which are inconspicuous may unexpectedly upset one". He answered me that the danger ©f local decisions is nil for our type of product and merchandising setup, that it is only where there is¢a@llusion between manufacturers regarding weight and price force fixing, etcetera to cause trouble. that local enforcement carries enough As for the Pederal Trade Commission rulpes affecting the status of the Pair Trade Acts — it takes a Philadelphia lawyer to untangle their decisions. Their job is.to enforce the Fair Trade Act, and their workis principally directed at price fixing and unfair practices. This applies to whether a product is Pair Traded or not, Last week I spent several hours with Andy Anderson, who was in from Oklahoma City, and at the time I asked him what his opinion was He stated that he saw no reason why a companyin about Fair Trading. He also pointed out that our position should have to Fair Trade. supposing we had a business recession and the demand for Browning guns fell off, if we were Pair Traded in Oklahoma and a dealer wanted to cut his price he could write the manufacturer requesting to do this. The manufacturer must reply within ten days and either grant the request or take back the merchandise for credit if the dealer desires. Tt all adds up to me that we would gain nothing by Fair Trading as long as conditions exist as they are and even if a recession did set M. Bigelow Browning in two years price from now, adjustments would 2 Lord be only 11/22/h8 knows what necessary anyway. the laws will The be then, disadvantages are and the cost, enforcement, separate mailings, possible dealer resistance, and additional comaunication necessary with dealers as our economic con JOHN R._.RA COUNSELOR FER AT ss TELEPHONE: 8 Bridge Liree, Now December ATR WHITEHALL 4-5094 LAW 19, Borel 1947 MAIL d.M. & M.S. Browning Co., Ogden, Utah. . Gentlemen: Attention of Mr. | M.A. Drowning. I am enclosing for your files the opinion which I requested of Breed, Abbott & Morgan relative to maintenance of resale prices of your products in this country. You wit. also find enclosed their bill, in the amount of $1750.-, for services in that matter and for the opinion which accompanied my letter to you of November 19th. They consulted me before sending this bill, practically all of which is for the earlier opinion. I think they have made a fair charge. If you agree, kindly send me your check to.my order to cover same, as their bill is addressed to me and I would prefer to pay it with my own check. If you think they have charged too much, please tell me so and I shall take the matter up with them further. In my Millard-Tydings making each of a resale the 45 judgment, amendment price states you should (as maintenance which take explained in advantage contract have passed the with fair of the enclosure) one trade dealer acts by in legaliz- ing that practice. For that purpose, it would probably be sufficient to have one standard form of contract prepared for you, either by Breed, Abbott & Morgan or your regular counsel, as you may prefer. "Tf you decide to follow that course, you should then notify the other dealers and the trade in general within each of such 45 states of the existence of such a con- tract and of the resale price thus established - all as explained in the enclosure. You should also observe particularly the things which you may and may not do with respect to resale price mainten- ance in those states (Missouri, Texas trict of Columbia which have not yet of resale prices. of real I sincerely assistance to hope you that on the this and Vermont) and the Dislegalized the maintenance enclosed subject. phase of it which is not clear or. any point like further information, please advise me. With best regards, opinion will on-which you If Sincerely eis e there is Raf be any would WILLIAM Cc. BREED CHARLES H. TUTTLE DANA T. ACKERLY JAMES MCV. BREED SUMNER PARIS WILLIAM FORD ‘5 S. RUSSELL J. QUINN B.COLBY WILLIAM C. BREED, COLBY STILSON WILLIAM BROAD MORGAN STREET NEWYORK WINFRED K. PETIGRUE SEO BG Ee TAWiEeo N J. SYDNEY STONE STODDARD & ABBOTT BREED, SN: Y: 131 317 L.HANAWAY |! R. GARDEN GILBERT 470 2C COURT, MIDDLE E.C.4 TEMPLE “BREEDABBOT’”’ ‘ PARTNER VOSEPASePSLUMULTY, LONDON N.w. LONDON, CABLES MAXWELL,JR. ALLAN A. O’GORMAN WILLIAM G. MSKNIGHT, JR. KENDALL B. DeBEVOISE JOHN ROBERT BROOK WASHINGTON STREET, INGTON Meo UR. PAUL L. PEYTON C. LAND THORNTON MATTHIAS PLUM LLOYD v. ALMIRALL CHARLES F 2rR. PARTNER F. KENNEDY December Mr. John 8 Bridge New York Mr. L947 Rafter, Street, 4, N.Y. Res: Dear ie a Browning Arms Co. Rafters At your suggestion, we have examined the legal methods by which Browning may influence the resale prices of its products. It is our understanding that these products all bear the Browning trademark, and, are in free and open competition with products same general class produced by others. that ment of the Such being the facts, it is our recommendation Browning take advantage of the Miller-Tydings amendAct, 15 U.S.C. §1, perto the Sherman Anti-Trust the mitting commodities, ities further, of manufacturer which others,to contract. Thus, control over the are in or wholesaler competition establish minimum of with trademarked resale similar prices commodby legally, Browning may maintain complete resale prices of its dealers, with a right to sue on the contract in the event of breach. though not a party to any ultimate retailer, Moreover, offers advertises, knowingly and wilfully who a contract, the than less at products for sale or sells Browning is subject to a damage suit stipulated contract price, by Browning. | Mr. John Rafter for such such acts, and Act the has sidered 17, 1947 The Miiler-Tydings amendment is effective, oniy if the state where the resale is to be to which the commodity is to be transported however, made, or resale December resale, price has passed maintenance. the District exceptions a Fair being of Columbia. been passed by The usual procedure by the the provisions Miller-Tydings Senate the Trade Forty-five Act legalizing states have passed a Fair Trade Missouri, Texas, Vermont, In Missouri, Lower house in January. for and taking will be advantage con- of of a Fair Trade Act (and hence of the © amendment), is for the manufacturer of a trademarked product to make a resale price-fixing contract with only one of the dealers retailing its products in the given state, and then to notify the other dealers and the trade in general within that state, of the existence of such contract and the price so established. It is not necessary to make price, fixing contracts with large numbers of customers. tablish It and would thus maintain appear throughout that the Browning could States United the above noted areas excepted), a uniform resale The exceptions noted could be covered in policy. by albeit less effectively, practice described below. in of be be Disregarding according a few to within which follows: the the the price part, alternative Fair Trade Acts (and fundamental "dots and don'ts", operate. They those areas where suggesting resale The established. infinitely large, distilled following es- (with of necessity a policy such acts do not exist), prices to Browning distributors may ramifications of such a policy could but from the applicable law we have decisions, policy delineate should the basic which, limits are as Mr. John Rafter December 17, 1947 Do!s 1. It is lawful to resell at less not 2. to sell requested in that a (6. €. a is lawful to minimum refuse resells who distributor price. seller may, S, L926) Cream 8. incorporates above of for Wheat his Co. own continue to such below concept fundamental the (2d) 14 F. C., T. his choose reasons, F. v- to a distributor to refuse. It is lawful to inform 3. advance of an intention thus The puyers. it to request a distributor than a stated minimum price. | own 40 Don'ts on price tacit agreements, that or incorporate 1. Dontt solicit 2. Dontt make information cutters from customers, dealers, trade associaInformation on price cutters may tions, etc. be used when obtained through their publicly circulated advertisements, or through unsolicited reports by customers, dealers, etc. sale as of to prices future price precedent 3. in to be maintained, or present agreements as will conduct, sales. future Dontt compile or in or any a seek maintenance condition distribute way re- assurances price cooperate with cutters lists, 4. by means cutters. Don't enforce resale price maintenance of price discriminations against price- distributors cutters. to cut off supplies from price- Mr. John Rafter | The essence The one of December the above is 17, that a even the 1947. policy of resale price maintenance based on agreements of any sort, or which depends on, or functions in any manner through, the cooperation of the manufacturer with any group or combination, is a transgression of the anti-trust laws. F.T. C6. v. Beechnut Co., 257 U. S. 441 (1921) attorneys in 230, recommend that the advice that See Ford Motor Co., 175 S. 235. general, it should of present decisions, the liiller-Iydings be sought In state. legality pretations of before suggesting the adopting of Texas policy (2d) W. that out upon rests decisions which the is above be pointed prices resale narrow legality, We of Texas. State where doubtful of is above outlined policy jurisdiction the inter- may whereas change overnight in any or all jurisdictions, comparathe enjoy Acts Trade Fair the under operations It is law. statutory of tive permanence and certainty avail Browning that for this reason that we recommend of itself Acts. Trade dation to draw more ever, in up fully the attorney, In them. with us has not Should elect Browning should, this matter, we on operation under the necessary company's to contracts General and the Fair follow our recommen- amendment the of course, and Fair to advise Trade any Counsel, or inquiry that be pleased Acts. them How- competent is qualified to draw the required papers for any event, please feel free to confer further on any point of your adequately covered. Very boul truly / this letter 7 yours, Wbetle Woper.