[D9245AAG], Letter from Alfred Ord Tate to Thomas Maguire (Edison Employee), March 28th, 1892
https://edisondigital.rutgers.edu/document/D9245AAG
Transcription
Letterhead: Thomas A. Edison Thomas Maguire Esq., Edison Laboratory, Orange, N.J. Dear Sir:- I hand you herewith a file of correspondence in regard to Mr. Edison’s foreign Toy Phonograph Patents. Please file this in the Laboratory in just the shape that you find it. DO not detach any of the letters. You might make them more secure with fasteners, as If this subject ever comes up again I want all this correspondence to appear and to be consecutive as it is now. Yours truly, [Signed: Alfred Tate] Private Secretary. Enc. Letterhead: Eaton & Lewis New York March 24, 1892 Thomas A. Edison, Esq., Mr. A.O. Tate, Private Secretary. Dear Sir: Re Foreign Toy Phonograph Patents. Replying to your favor of the 15th inst., after considerable investigation, I beg to say that Mr. Edison’s contracts with the E.P.Toy M’f’g. Co. do not require him to notify them in regard to the payment of annuities on foreign patents. The time for paying the amities was March 11th, but you did not write me about it until March 15th. However, it makes no difference, as Mr. Edison is not required to notify the company. You say that Mr. Edison will not pay the annuities himself. Nevertheless I beg to say that in case he wishes to, he can still take advantage of the extended time, varying from six weeks to six months, allowed by all the countries in question, except France. I return all of the correspondence herewith. Very truly yours. [Signed S.B. Eaton] Letterhead: Memorandum for Major Eaton Dear Major Eaton: - Will you please read the attached file of correspondence? As you are aware, the Toy Company is licensed by Mr. Edison, under his patents in foreign countries on the Toy Phonograph movement. Certain annuities ought to be paid and certain patents should be worked. I should like to know if Mr. Edison’s contract with the Toy Company require him to notify them in regard to the payment of these annuities. The Toy Company bore the expense of taking out the original patents. I think that these papers will be sufficient to explain the whole situation. If there is any further information that you require I will be glad to supply it. I believe that the Toy Company is in default with respect to the payment of minimum royalties, provided for in their agreements with Mr. Edison and that as a matter of fact these foreign rights have reverted to the letter, a privilege he may or may not decide to avail himself of. Yours Truly, [Signed: Alfred, Tate] Enc. Letterhead: Samuel Insull Memorandum from Thomas Butler To A.O. Tate, Esq., March 4th, 1892. Referring to the enclosed correspondence about the payment of annuities, Mr. Edison after reading your remarks expressed his opinion in the same way, as he has already done, whatever may be said to the contrary, so that I told him that his instructions to Messrs. Dyer and Seely, would be taken as final. [Signed: B.T] Letterhead: Samuel Insull Memorandum from Thomas Butler To A.O. Tate, Esq., March 1st, 1892. Referring to the enclosed correspondence and your remarks there on, Mr. Edison sent a message over the Phone yesterday, through Maguire, to the effect, that upon reconsideration he would not have the annuities for the patents as called for by Dyer & Seely paid under any consideration. His point I believe was, that it would oblige him to manufacture in the European Countries, such as France. Mr. Edison gave his decision on his being informed by Maguire, that I intended to pay the amount from the Edison Phonograph Works, and carry the amount on the books for the time being, getting a settlement of the amount later on. I bring this matter up again, because on reading over your remarks to Mr. Insull , I do not think that Mr. Edison could have been aware of the points you take, and it might be perhaps advisable to bring the matter before him again. Marginalia: [Letter?] written above Enclosed [doll works?] Please return all papers Letterhead: Edison General. Electric Co New York, Respectfully referred to T.B Let the Phonograph works pay this for this moment. We should arrange to of this as soon as we can. Let this take on time. [Signed: Insull] Mr. Insull Properly these fees should be paid by the Doll Company who hold license under the patents. But they are in default on minimum guarantee for royalties and it would be money well invested for Mr. Edison to spend this small sum to maintain his position. If the Toy Co is restored the money can be subsequently obtained from them. If they lose their rights for all time, Mr. E. will want to do business direct which it is certainly worth a couple of hundred dollars to protect. He has considerable money in this doll gig and it would be penny wise & pound foolish to neglect these patents. If Mr. E. refuses absolutely to pay the fees the Toy Co should be notified but it should be noted that suit notification might easily be constructed as an admission that they are not in default under their agreements which in the present state of affairs would I think be unfortunate. We may want to leave the Doll Co which would be easy to do now, and get the business in our own hands. We could easily see 25 or 50 dolls per day which [1 legible word] mean a business of about $1200 or $1500 per week and [1 legible word] help out the Phone Wks. in first rate shape. There’s money in the doll gig for the Factory and patents abroad count for more than they do here, and there patents ought to be protected by W.E and not by Doll CO. Marginalia: TATE Letterhead: Edison General Electric Company February 23, 1892 From: Mr. Insull, To: Mr. Tate. Dear Sir: I hand you herewith original letter from the Laboratory dated 18th instant, together with original letter from Dyer & Seely. I would like to see you on this subject from some time during the day, as I do not feel able to decide the matter myself, as I am not particularly posted on the toy business to come to any decision. [Signed: Insull, Samuel] 2 Encs. Letterhead: From the Laboratory of Thomas. A. Edison. Orange, N.J Phonograph Dictation Feb. 13, 1892 Samuel Insull, Esq., Edison Building, Broad Street Dear Sir:- I enclose herewith a letter under date Feb. 16th received by me from Messrs. Dyer & Seely, in regard to the payment of the third annuities on certain of Mr. Edison’s foreign toy phonograph patent, which become due on March 11th, 1892. I send this letter to you at Mr. Edison’s request; please read his pencil note on same addressed to yourself. Yours truly, [Signed A.O. Tate] Private Secretary Dyer & Seely New York February 16, 1892. A.O. Tate, Esq., Orange, N.J., Dear Sir:- We beg to advise you that the 3rd annuities on the following foreign patents of Mr. Edison on Toy Phonograph become due March 11, 1892. [Chart showing different foreign countries and their patent numbers along with the price of each patent] If Mr. Edison desires to have these taxes paid, kindly send us a check for $126.60, as above indicated. Kindly observe also that the French and Italian patents above named must be worked before April 12 and June 12, 1892, respectively. We cannot state definitely beforehand what the cost of working these patents will be, but we have approximated this charge in a previous letter to you, dated February 7, 1892. Yours truly, [Signed: Dyer & Seely] Letterhead: From the Laboratory of Thomas A. Edison Phonograph Dictation Orange, N.J. February 29, 1892. Thomas Butler, Esq., Edison Building, Broad Street, New York City. Dear Sir:- Referring to my telephone inquiry of to-day concerning the payment of certain taxes on Mr. Edison’s foreign patents on the toy phonograph which become due on the 11th of next month, and to your reply to same to the effect that the said taxes would be paid by the Edison Phonograph Works, pro tempore, so as to keep the patents alive, I beg to inform you that Mr. Edison objects to this being done, and in accordance with his instructions I have to-day written to Messrs. Dyer & Seely directing the not to pay the taxes. Mr. Edison says that the payments of these taxes would do no good, inasmuch as the French and Italian patents must be worked, which would mean an outlay of about a thousand dollars, an expense which in Mr. Edison’s opinion it is not worth while to incur. He says the broad phonograph patents cover the toy mechanism, and it is really unnecessary to go to any additional expense in the matter. Please return the letter of Messrs. Dyer & Seely on this subject which accompanied Mr. Tate’s letter of the 18th instant addressed to Mr. Insull, and very much oblige. Yours Truly, [Signed: Thomas Maguire] New York, January 7, 1892. A.O. Tate, Esq., Dear Sir:- Replying to your favors of 3rd ult. And 4th inst., in re taxes paid on foreign patents for Mr. Edison, we beg to state as follows:-- During the year 1890, the following taxes were paid: [Chart regarding all the taxes paid in Sweden, Norway and Germany] And during the year 1891, the following: [Chart regarding taxes paid in Austria, Sweden and France in the second tax year] (A. O. T., 2) [Chart regarding taxes paid in Belgium, Italy, Germany, Switzerland, Luxemburg, Norway, Spain, England, Sweden, and France] (A. O. T., 3) During the year 1892, the following annuities have to be paid, if the patents are to be maintained; [Chart regarding annuities that have to be paid in France, England, Austria, Tasmania, South Australia, and Victoria] (A. O. T., 4) [Chart regarding 3rd year taxes in France, Belgium, Italy, Switzerland, Luxemburg, Germany, Sweden, Norway, Spain, and Austria] (A. O. T., 5) [Chart regarding 2nd year taxes in France and Germany] These have just been ordered paid. In addition to the taxes above named, the cost of maintaining the patents will be increased by reason of some of them having to be worked. The expense in connection with the working of patents cannot be definitely stated beforehand, but it would be fair to estimate an average of $65. for each patent. The patents we have checked off are those which will have to be worked during this year. Yours truly, Dyer & Seely