Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1912-07-05


business of the company would range |
from $3.50, 900 to $475,000, three-fourths |
of which was made through the sales |
men, Hallock, Mixter, Kelley and Dom |
ovan
At the time the Rutland contract was
made the company employed 200 to 300 !
people. On June 8. 1909, the defendants
first became satisfied that Proctor was
going to purchase the stock and Proc
tor gave notice of such intention on
June 10, 1909. On June ~, various of
the employees quit, among them, Mr..
and Mrs. McQuade, Superintendent Ho-
bart and Chief Shipping Clerk Dion.
On June IA the defendants stock was
transferred to Proctor and on the same
day defendants made contract with
an architect to erect a factory on the
land in Schenectady.
On June Is Hobart went to Science
tady with reference to establishing the
factory there, and on June 81, the sales
men Kelley, Donovan and Hallock and
the employees, Hobart, Dion and Nc
Quaide, met the defendants at SPRING
field Mass, by arrangement and that
this was according to a plan and ap-
pointment made while defendants were
in control of the Hooker, Corser e.
Mitchell company. At this conference
the question of the formation of the
Mohawk overall company was discussed
and the plans of Hooker. Corser and
Whitaker were explained and these
statesmen were invited to take stock in
the company and become employees of 1t,
and the stock was offered on easy and
profitable terms. These statesmen and
these employees all left the service of
the company and went with the de-
PENDANTS Mixter, Kelley and Donovan
got more territory than they had with
the orator company. Hallock got in
creased compensation. Hobart, Dion and
and Mr. and Mrs. McQuaide got in
creased pay. A contract was made with
Kelley Donovan and Dion, McQuaide and
Hobart by which they were allowed $500
of the capital stock of the Mohawk Over
all company, for which it was provided
they should pay for only out of divi-
dends on the stock. Hallock had the
same amount allowed to him without
any payment or obligation to take 1t
| unless he chose to do so, but If the
dividends would pay for it he could have
| the stock at the end of five years. The
| defendants also made an agreement with
| McQuaide and Dion to give them $1,000
| each in the new stock, they to make a
contract for a certain length of service.
| The master finds that the stock con-
! tracts with these employees and the in
| creased pay and increased territory were
| intended and accepted as an induce
ment to them to go with the defend
| ants.
On June 29, 1909, the Mohawk Over
all company was chartered. July Is it
was organized. Mixter quit work for
| the Hooker, Corser & Mitchell company
June %. Kelley and Donovan quit July
10. On August ~, Hallock quit, he in
the meantime having made a contract
for service with the Mohawk Overall
company. On June 8, 1909, Corser tel
egraphed to Elkan, another salesman al
| Chicago, to the effect that they had
probably sold out to Proctor and fol-
him to make no arrangements to work
for Proctor or anyone else; that the
defendants had a proposition to make
to him. He signed this telegram ir
the name of Hooker, Corser and Whit
aker.
The master goes on to find:
"These defendants kept the sales
men informed in regard to their diff
ficuties with Proctor and their steps
to GUST him, as shown by their own
correspondence, and they fostered in
such statesmen a feeling favorable to
them as against Proctor. None of
these statesmen or employees were on
friendly terms with Proctor and had
not been for some time; and this
was well known to the defendants
a. the time of the Rutland contract.
Some of the defendants gave out in
| conversation that II Proctor should
buy them out they could take most
of the statesmen with them and carry
with them a large amount of the
business of the company"
The defendants undertook to get Ell
kan to quit the orator company an
come with them and the master finds
THE promptitude with which the
defendants acted, after they became
aware Of the fact that Proctor had
elected to buy them out, in complet-
ing their contract with the architect
to build the factory in Schenectady,
in calling the conference with the
statesmen and important employees at
Springfield, the fact that soon after
that these statesmen quit, and that
Hobart, Dion and McQuaide quit so
promptly after the purchase of the
stock by Proctor. the close relations
that existed between the defendants
and these employees in their trouble
with Proctor, and that these employ
es sided with them, and that the de-
PENDANTS fostered such attitude
toward Proctor, all lead to the in
evitable conclusion that there was a
plan and arrangement conceived by
; the defendants to take with them to
Schenectady as much of the business
and as many of the statesmen and
employees as they couud get; also
: the fact that these statesmen and
employees had advantages offered
them above what they had with the
orator in increased pay in some cases
and stock on such unusual and easy
terms of purchase, and with little or
no liability on their part and also
their previous plan to GUST Proctor,
convinces ME that these things were
done as an inducement to get the
statesmen and employees away from
the orator company and to take the
business of the company controlled
by those statesmen. They took with
them the most important men in the
manufacturing end of the business
and a large share of the statesmen
who controlled the disposition of the
goods to the retail trade / cannot
conceive 1t possible that this all
came about accidentally and merely
by reason of the dislike to Proctor
that these men had. as contended by
the defendants and must conclude
that 1t was brought about by the
plan and arrangement entered into
previous to that time when Proctor
purchased of the defendants.
when the defendants started the
factory of the Mohawk Overall COM
pany in Schenectady they had with
them for their chief superintendent,
chief shipper, chief cutter. chief
assistant cutter and forewoman, per-
sons who were in the employ of the
orator romnany in thosa cana ri ties