The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1906-04-10

agents on the ground. Bit back of this
room pool stood the general and
standing pool or association of the
companies, committed to agreement by
contract and bound against compet-
ton by penalties.
"The following letter is in the hands
of the writer:
Jan. 3, 1899.
"Mr John Reed,
Canton, o.,
Dear Sir: We are in receipt of an
invitation of Mr.. James A. King,
chairman. to become a member of the
Cleveland association and hereby make
formal request to you as secretary for
membership, Yours truly,
(Signature)
Wade Ellis, attorney general, has
unearthed what purports to be copy
of the agreement on which the 'Clevc-
land association was organized. He
has made it the chief ground for his
demand that the members of the as
sociation be ousted from their Ohio
charters. When he had ]. j. Dun OF
Columbus, on the stand the witness
was asked 10 read the agreement and
tell what he knew about it.
There are some conditions IN
here that were not followed but in the
main we followed those rules, was the
testimony. He did not know much
about the Cleveland association nor
had he ever been at one of the quar-
terly meetings held in the old We'd
dell house.
The presidents of the companies,
as rule, as | understand it, attended
those meetings Dun testified. He
know of this organization as the
Highway Bridge Manufacturers as
sociation' and it has been established
that it was known by several names
In his custer petition in the state cir
cult at Bellefontaine Ellis charges that
the agreement of the Cleveland asso-
citation was as follows:
"'The undersigned bridge builders
agree to be governed by the following
rules and regulations in the contract
ing of highway bridges and substruc-
lures in the following territory: New
York, Pennsylvania, Maryland, West
Virginia, Kentucky, Ohio, Indiana and
Michigan.
Art. l. That the parties be on the
ground not less than two hours before
the time of letting and parties coming
in later shall accept the arrangement
and pool as made.
Art 2. That in all cases of adver-
tised lettings no bid shall be mailed
telegraphed, telephoned or left by an
agent; and in case any company OF
their agent does mail, telegraph, teIe-
phone or leave bid or give a bid
to a local party and thereby secure the
contract, or secure the contract on any
subsequent bid, said party shall be
held for any pool made by the parties
signers hereto, on such contract;
same to be divided among the mem
bers after the letting and shall pay
party having had concession three
umeS the room pool.
Art 8. That the room pool shall
stand until the work is let unless reg
ulary readvertised according to Law
or custom of the parties letting WORK,
in which case all parties present at
the original letting shall be notified
Of such Reimbursement by party hav-
| ing concession or lowest bid.
Art. 4. That in furnishing pre-
liminaTy estimates 80 per cent profit
shall be added to the cost of the work
art. 5. That concessions shall be
made where possible.
art. G, To obtain concession 1t
! will require the unanimous consent OF
the parties present at the letting.
Art. 7. When any party is con-
| cedsd the lowest bid at letting it
shall be an absolute concession, and
should any other party, who is a men,
( ber to this agreement, from any cause
whatever receive the contract, he shall
pay to the party having had conces-
sion three times the room pool ne
was to receive from the party to whom
the work was conceded and pay the
room pool to the other members pres
ent.
art. s. All special pools shall be in
! lump sums, except where contracts
are let by the year, when they shall
be made by the linear foot, pin cen
ter length to be considered length
of span.
art. 8. Any party to this agree,
ment taking a contract after writ
ten notice of public letting stating
time and place, before the date of the
letting, shall pay 20 per cent. Of said
contract price to be divided equally
among the companies to whom notice
was given,
!, "Art. 10. A printed advertisement
letter, postal (seyeral words blur
red) by the official of the town, county
or city, officer of a private corpora
I