The San Juan islander. [volume] (Friday Harbor, Wash.) 1898-1914, 1908-06-27

and reap profits from the sale oi
barrels to the corporation under the
contract which he induced the trusteee
TO execute. This theory. however.
is disproved. McMillin proposed to
the trustees in good faith to buy the
patent right for the corporation. and
he informed them that he believed
that it would be advantageous for the
corporation to have control of it and
use the patented machine in manufac-
turing barrels to supply it's own needs.
s'He proved his sincerity and
faith in the merits of the invention
by declaring his willingness. il the
proposal should be rejected. to person
ally acquire the patent rights. lease
the barrel manufacturing plant and
furnish barrels for q definite period
at fiat price. He concealed nothing.
nor withheld information as to any
fact within his knowledge.
s'The trustees knew that he expected
to be the gamer if his alternative
proposition should not be accepted.
Their unwillingness to permit the
corporation to undertake an expert.
mental enterprise could not be over
come, because it was undeniable that
a prefect machine had not been tested
by working the woods of this country.
They knew that the working test with
a machine which lacked parts essential
to successful operation had not been
satisfactory. They deliberately de-
cliDed to buy the patent rights. granted
the lease to McMillin and made the
contract to purchase barrels from
him which the complainant denounces.
They did so because they we're skeptl-
cal as to the merits of the invention
and apprehensive of coming period
of financial stringency which usually
effects bankers in peculiar way.
causing them to refuse assistance to
new industrial ventures. and they
we're Influenced by no other reasons.
''In taking that course. they were
obstinate rather than subservient or
truculent, but they acted in good faith
and the transaction was neither
illegal. immoral nor unfair.
''McMillin has been denounced as
if he had used money Of the corpora
tion in payment of the expenses
connected with the installation and
testing of the patented machine.
which, according to the understanding
between himself and the board of
trustees, should have been incurred
by him personally.
81 flnd in the report Of the testi-
mony repeated reiteration of a great
many questions for the ostensi BILE
purpose of explaining these items.
All this fuss has cost me labor in
digesting a mass of chaff and straw in
order to find kernel of matter sup
posed to be contained therein. But
there is no kernel.
1.-THE simple facts are that McMiIlin
was creditor of the corporation, the
corporation paid the expenses referred
to in the first instance. and in It's
books the items were so debited and
credited that In the final balancing
of accounts. McMil.in did pay all of
said items. and be was debited with q
considerable amount of interest on
the accounts disbursed. The inter-
est. however, does not represent
actual payment. but is mere matter
of bookkeeping. as he received credits
for inte:e at the Same rate on balances
in bis favor. In the light of these
facts. l consider that the court IL not
in duty bound to undertake the next to
impossible task of ascertaining wheth-
or barrels for the corporation's use
could have been obtained since the
date of contract. by any other method
for less than the price fixed by
McMillin's g contract. I"
When news of the courts decision
reached Roche Harbor spontaneous
and most enthusiastic meeting. of the
Lime Company's employees was held
at which resolutions Of congratulation
and esteem we're adopted which must
have been very gratifying to Mr..
McMillin. who was not advised of the
meeting or its object until the report
Of the resolutions committee had been
adopted and the meeting had adjourn
ed. ALI marched en- masse to the front
OF the hotel where the resolutions
were read to Mr.. McMillin and he was
called upon for speech. He re-
sponded In most touching manner:
expressing his profound gratitude for
the kindness and thouahtfulness Of
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