Anticipating, that in a few days this important subject, in
all of its bearings, may be before the Senate for full consideration,
I shall no longer trespass upon the indulgence of the Senate, but
will defer until that occasion what further I have to say upon this
all important question.

The Amendment

Strike out on line - of the
Aproposiendum Bill for Harbor Defenses - all that
relates to another examining board -
and insert - as follows

10 Gun Revolving
4 shield system of coast defense, in the vicinity of Fort Hamil-
ton, at the entrance of New York Harbor, the sum of one
ton, appropriated out of any money in the Treasury not otherwise appropriated; the moneys so appropriated to be expended by and under the direction of the Secretary of War, and the construction of the said system of coast defense, to be under the supervision of Theodore R. Timby and such officer of the Corps of Engineers, United States Army, not below the rank of colonel, as the Secretary of War may designate.

E. JOHN ELLIS,
ATTORNEY AT LAW,
1416 F ST., WASHINGTON, D. C.

DVAID D' BOKLER

“WE FEEL MOVED BY BEING MENTIONED..”

In his examination before the Sub-Committee of Appropriations, on July 1st, 1886, Admiral David D. Porter, U. S. Navy, said as follows:

“I attacked Fort Fisher, mounting seventy-four guns, with my fleet of fifty-five vessels, carrying four hundred and thirty guns, (beside reserve,) and opened fire at a range of three-fourths of a mile. We threw 54,000 shot and shell before we silenced the guns of the Fort. Had we been using the Timby System, we would have silenced these guns in fifteen minutes.”

Question. “Admiral, suppose the Fort had been defended by a ten-gun Timby battery, what would have been the result?”

Admiral Porter. “My fleet would have been whipped.”

(Signed,) E. JOHN ELLIS.

JULY 1ST, 1886.

---

* * * “I think a Timby turret of proper thickness armed with ten one hundred-ton guns, superior to ten of the heaviest iron clads that could be brought into the waters of the United States.”

“Respectfully submitted.

“JULY 3D, 1886.

(Signed,) “DAVID D. PORTER.

“Admiral.”

Gentlemen, I ask for my Benefit in this.

"54,000 Sheh Payer into fort fisher!"

130 station 500 - 162000

brought into the country of the United States.

54000
7,080,000 fortammunition!

"I think a Timby trident of broader thickness strung with ten

Jerry 1st. 1829.

(Signed)

E. John Ellis

Admiral Porter. "My fleet would have been whirbed."

Timby battery what would have been the result?

Question. "Admiral suppose the Fort had been defended by a ten-gunship would have silenced these guns in fifteen minutes."

I attached Fort Fisher, mounting seventy-four guns, with my fleet of five vessels carrying four hundred and thirty guns (the side reserve) and opened fire at a range of three-fourths of a mile. We threw 24,000 shot and shell before we silenced the guns of the Fort. Had we been using the Timby System, we would have silenced these guns in fifteen minutes."

1826. Admiral David D. Porter, U. S. Navy, and as follows:

In the examination before the Sub-Committee of Appropriations, on July 1st,

"MY FLEET WOULD HAVE BEEN WHIPPED."

DAVID D. PORTER,

Admiral.

1410 P. St. - Washington D. C.
ATTORNEY AT LAW
E. JOHN ELLIS

49TH CONGRESS,
1ST SESSION.

H. R. 7101.

IN THE HOUSE OF REPRESENTATIVES.

MARCH 22, 1886.

Read twice, referred to the Committee on Appropriations, and ordered to be printed.

Mr. BEACH introduced the following bill:

A BILL

To provide for the erection of one of the Timby tower and shield system of coast defense in the harbor of New York.

1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

2. That for the purpose of erecting one of the Timby tower and shield system of coast defense in the vicinity of Fort Hamilton, at the entrance of New York Harbor, such sum of money

3.

4.

5.

6. as may be necessary be, and the same is hereby, appropriated

7. out of any money in the Treasury not otherwise appropriated;

8. the moneys so appropriated to be expended under the direction of the Secretary of War, and the construction of the said

9. system of coast defense to be under the supervision of Theodore R. Timby and such officer of the Corps of Engineers, United States Army, not below the rank of colonel, as the Secretary

10.

12.

13. of War may designate.

DVAID D. PORTER

"I attacked Fort Fisher, mounting seventy-four guns, with my fleet of fifty-five vessels, carrying four hundred and thirty guns, (beside reserve,) and opened fire at a range of three-fourths of a mile. We threw 54,000 shot and shell before we silenced the guns of the Fort. Had we been using the Timby System, we would have silenced these guns in fifteen minutes."

Question. "Admiral, suppose the Fort had been defended by a ten-gun Timby battery, what would have been the result?"

Admiral Porter. "My fleet would have been whipped."

(Signed,) E. JOHN ELLIS.

JULY 1ST, 1886.

* * * "I think a Timby turret of proper thickness armed with ten one hundred-ton guns, superior to ten of the heaviest iron clads that could be brought into the waters of the United States."

"Respectfully submitted.

"JULY 3D, 1886.

(Signed,) "DAVID D. PORTER.

"Admiral."

"Myself."

June 23, 1886

"D. and D. Porter."

(Signed.)

"Respectfully submitted

throughout the words of the United States." one hundred and twenty inches above ten of the heaviest iron casks that could be "I think a Timby turret of proper thickness aimed with ten "

Incr. rat. 1886.

(Signed.)
E. Joury Erraz.

Admiral Porter. "My fleet would have been whirled."

Timby battery, what would have been the result?"

Question. "Admiral, suppose the Fort had been defended by a ten gunship would have silenced these guns in fifteen minutes."

Wekal. "I attacked Fort Fisher, meaning seven guns, with my fleet of thirty. I attacked Fort Fisher, carrying four hundred and thirty guns (beside reserve) and obeyed the vessels." We then 24,000 shot and shell before we fired at a range of three fourths of a mile. We then 24,000 shot and shell before we fired at a range of three fourths of a mile. We then 24,000 shot and shell before I attacked Fort Fisher, meaning seven guns, with my fleet of thirty.

1886. "Admiral David D. Porter, U. S. Navy, said as follows:

In this examination before the Senate Committee of Appropriations, on July 23, 1886.

DAVID D. PORTER,

Admiral.

Jere P. St. Washington, D. C.
ATTORNEY AT LAW
E. JOHN ELLIS,

HON. HENRY L. DAWES,
United States Senate.

Sir:

By the courtesy of the Sub-Committee on Fortifications of the Senate Committee on Appropriations, I have seen and read the letter of date July 19th, 1886, addressed by General John Newton, Chief of Engineers, to the Secretary of War, on the subject of my system of Coast Defense. Having presented this system to the Sub-Committee of which you are the Chairman, and having strongly recommended it to the consideration of Congress, and asked that the Government might appropriate a sufficient sum to erect one of my tower and shield system in order that its advantages might be fully proven, I avail myself of your courtesy to reply to General Newton's letter.

As you are probably aware, and as the Chief of Engineers well knows, I am the author and inventor of the revolving turret, either for monitors on the sea or for coast defense. General Newton himself, in recommending for the defense of our deep water ports the two-gun revolving turret, should remember that he is recommending and insisting upon my invention. I believe, therefore, that some heed should be paid to the inventor, especially when he claims that his latest invention is very far superior to the older one, whose excellencies seem to strike General Newton with peculiar force.

General Newton's objection to my system of shield and tower defense may be summed up under four heads:

He claims that the grouping of ten guns in one battery would necessitate the construction of a tower, so large and weighty, that it would require enormous power to move it.

Two of the first mechanical engineers of this day, viz: Col. A. P. Boller and Mr. William G. Gibbons, the latter President of the Pusey & Jones Company, declare, after careful consideration of the system in all of its details, that there is nothing in the system of an impracticable character, in so far as construction and operation relate, nor anything which first class engineering works could not readily build, and that they regarded it as "thoroughly practical," and would be very glad to contract with responsible parties to build one or more of these citadels, and will give ample security that they would yield all the results that are claimed by me. The cost of

the foundation would exceed very little, if any, the cost of the foundation of one of each of the nine smaller turrets proposed by the engineer for the protection of New York Harbor. For this statement I have the authority of a most competent architect of this city, Mr. A. B. Mullet. A one hundred-horse power engine would supply more than double the power required to operate my turret, which would weigh about seven thousand tons. This will be apparent to you when you consider that the motion of the turret is to be very slow, and moved on a perfect track.

Indeed, it occurs to me that the great weight, or inertia, of my turret would be a perfect security against any danger of being injured by the force of a heavy projectile, which might be the case with the lighter turret unsupported and unprotected by a shield. If my old invention, the two-gun turret, were struck point blank by a two thousand-pound projectile there would be danger that it might be jarred out of position, or so indented as to render it incapable of further movement or operation, in which case the battery would be useless, as its efficacy depends upon its power of revolving. My new battery, on the contrary, revolves independently of the shield, and as we have just stated is behind the shield, and is designed to be invulnerable to any shot or projectile, which renders the battery perfectly safe and secure. So far as the roof is concerned, it must be and will be invulnerable to any plunging or falling shot.

In the second place, General Newton objects to my idea of rapid firing. Either he has given my plans but superficial investigation, or else he is entirely ignorant of the system, for he should know that the system of firing is so designed that by simply disconnecting the wire and the fuse of the gun with the battery, you may fire every other gun, or every fourth gun, or every tenth gun, or no gun at all, and thus you may fire at such intervals as the emergency may demand. But General Newton should remember that there may occur emergencies when the safety and security of one of our great cities would depend upon the ability to fire rapidly. For instance, if a hostile fleet of ten vessels would attempt to run the narrows at New York for the purpose of getting into the bay, then General Newton would give all that he is, or ever expects to be, were he in command, for the ability to fire more rapidly even than is devised by my system. Of what avail, then, would be his two-gun turret? There may be ten vessels attempting to force a passage. My two-gun turrets would avail him two shots. Suppose both were successful, and two of the attacking vessels went to the bottom, eight would be left untouched, and before he could reload—for it requires some twenty minutes to reload a heavy modern gun—the fleet would have passed on in safety beyond the reach of his guns. So that a perfect system of defense demands that arrangements should be made for rapid firing from guns grouped together.

Again, General Newton objects to grouping ten guns together, and

Again, General Newton objects to grouping ten guns together and rabid firing from guns grouped together.

perfect system of defense demands that arrangements should be made for
would have passed on in safety beyond the reach of his guns. So that a
requires some twenty minutes to reload a heavy modern gun—the fleet
bottom eight would be left untouched and before he could reload—for it
Suppose both were successful and two of the attacking vessels went to the
ing to force a passage. My two-gun turrets would avail him two shots,
avail them would be his two-gun turret. There may be ten vessels attempt
ability to fire more rapidly even than is devised by my system. Of what
give all that he is, or ever expects to be, were he in command for the
York for the purpose of getting into the bay, then General Newton would
it a hostile fleet of ten vessels would attempt to run the narrows at New
our greatest effort would depend upon the ability to fire rapidly. For instance,
that there may occur emergencies when the safety and security of one of
as the emergency may demand. But General Newton should remember
every tenth gun, or no gun at all, and thus you may fire at such intervals
gun with the battery. You may fire every other gun, or every fourth gun, or
is so designed that by simply disconnecting the wire and the fuse of the
cutter, ignorant of the system for he should know that the system of firing
Either he has given my plane but superficial investigation, or else he is
In the second place, General Newton objects to my idea of rapid firing,
reasonable to any bringing or falling shot.

So far as the root is concerned, it must be and will be inviolable to any shot or projectile, which renders the battery perfectly safe shield and as we have just stated is behind the shield, and is designed to be solving. My new battery on the contrary revolves independently of the battery would be useless as its efficacy depends upon its power of re-
s to render it indispensable of further movement or operation in which case
there would be danger that it might be jarred out of position or so indebted
gun turret were struck point blank by a two thousand-pound projectile
ununboreted and unprotected by a shield. If my old invention the two-
force of a heavy projectile, which might be the case with the lighter turret
would be a perfect security against any danger of being injured by the
indeed, it occurs to me that the greatest weight or matter of my turret
be very slow, and moved off a perfect track.

be absent to you when you consider that the motion of the turret is to
operate my turret which would weigh about seven thousand tons. This will
horse power engine would subibly more than double the power required to
a most competent architect of this city. Mr. A. R. Miller. A one hundred
protection of New York Harbor. For this statement I have the authority of
one of each of the nine smaller turrets proposed by the various officers.

claims that the guns should be dispersed as much as possible over the site, and this principle is to be more rigidly adhered to at the present time, as a number of guns for the defense of a harbor is a small fraction of what was considered necessary thirty years ago. We confess we are unable to see the force of this objection; especially when every gun in my new system is made instantly available at any and every point on the horizon, as shown. If, under the system proposed by me, one gun becomes as effective as seventy, then what difference is it how many are grouped? If the tower is invulnerable, and the battery within it perfectly safe, what difference is it if the guns of that battery, ten in number, are grouped together? It would seem to us that, being so grouped and made invulnerable, as it will be in my new system, and fired by a single intelligence with mathematical precision, the reasons given by General Newton for scattering his guns over a great space fall to the ground.

He says "they should not be crowded together, since shot and shell in that case would do more damage, since they would make a better mark for the enemy, and he could concentrate his fire against them. Such conditions as these are great disadvantages for the defense, and correct engineering always seeks to avoid such serious errors of disposition." What possible force can there be in this objection? Since the design of my system is that the shield should be so constructed as to be invulnerable to the heaviest known artillery, what danger could there possibly be from the concentration of the fire of the enemy upon it?

General Newton seems to forget that the battery and tower within itself is doubly protected by the shield on the outside, revolving independently of the battery tower, and that the shield is invulnerable in the first place, and the battery tower in the second place; so that the greatest concentration of fire upon it would be of no avail. But if there be such danger to a tower constructed as mine, how much greater the danger if an enemy concentrate its fire upon a little or lighter turret and destroy it, and, taking the little turrets in detail, destroy them one by one; for the little turret with its two guns is all unprotected by the shield provided for in my ten-gun system.

But General Newton declares that "the most important incident in the heavy engagement with heavy guns remains to be considered on account of its controlling effect upon the accuracy of the guns, I mean the smoke. Firing has often to be suspended to allow the clouds of smoke to disperse, in order that the combatants may point their guns and aim. These considerations rule out all batteries of large number of guns, since the more rapid the fire the more often it must be suspended to allow the smoke to clear away. In other words, rapid firing may make slow firing."

To this objection, we answer that it seems to us frivolous in the extreme. These turrets or towers are intended to be used upon the sea coast, where it is a physical fact, that on three hundred days out of the three hundred and

it is a physical fact, that on three hundred days out of the three hundred and
these enfiles or towers are intended to be used upon the sea coast where
To this objection we answer that it seems to us tinvorous in the extreme.

It is other wise rapid firing may make a slow firing

fire the more often it must be suspended to allow the smoke to clear away.
the more rule out all batteries of large number of guns, since the more rapid the
in order that the contaminants may point their guns and aim. These considers-
ing has often to be suspended to allow the clouds of smoke to disperse,
its controlling effect upon the accuracy of the guns. I mean the smoke,
heavy engagement with heavy guns remains to be considered on account of
But General Newton declares that "the most important incident in the
is all unprotected by the shield provided for in my ten-gun system.

It is in detail, destroy them one by one; for the little matter with its two guns
its life upon a little or lighter matter and destroy it and taking the little bit-
constituted as fine how much greater the danger if an enemy concentrate
fire upon it would be of no avail. But if there be such danger to a tower,
the battery tower in the second place; so that the greatest concentration of
the battery tower, and that the shield is invulnerable in the first place, and
is deeply protected by the shield on the outside revolving independently of
General Newton seems to forget that the battery and tower within reach
of the life of the enemy upon it.

known artifically; what danger could there possibly be from the concentration
the shield should be so constructed as to be invulnerable to the heaviest
force can there be in this objection? Since the design of my system is that
always seeks to avoid such serious errors of disposition. What possible
as these are great disadvantages for the defense and correct engineering
the enemy, and he could concentrate his fire against them. Such conditions
that case would do more damage since they would make a better mark for
He says, "... they should not be crowded together, since shot and shell in
guns over a great space fall to the ground.

emotional precision, the reasons given by General Newton for scattering his
as it will be in my new system, and fired by a single intelligence with math-
ematical precision, then what difference is it how many are grounded,
HORISON as shown. It under the system proposed by me, one gun becomes
my new system is made instantly available at any and every point on the
unable to see the force of this objection; especially when every gun in
of what was considered necessary thirty years ago. We confess we are
time, as a number of guns for the defense of a harbor is a small function
and this principle is to be more readily adhered to in the future.

sixty-five, either land or sea breezes are blowing, which rapidly dissipates
the smoke. Again, under my system, the officer who aims the guns is
fifteen or twenty feet above the level of the guns, aiming them with a
theodolite with mathematical precision, and is far less liable to have his sight
obscured by smoke than is the gunner upon a level with the guns.

In the next place, General Newton must remember that the highest naval
authorities in this country, as well as some of the highest military authorities,
estimate that with my new system of aiming and firing one gun becomes as
effective as seventy, and only one shot will be required where seventy are
now required under the old system, because one shot will do the execution
of seventy by reason of the accuracy of the aim, and that where he will
make under the old system seventy smokes I will make under mine but one
smoke in doing the same execution.

But General Newton further says, that Mr. Timby's tower and shield are
a necessary combination for a large number of guns grouped together, but
his disposition of tower and shield is altogether unfit for a two-gun turret,
which, according to present military knowledge, is the best arrangement for
the protection and manipulation of the heaviest guns. I would like General
Newton to answer this question, why my present system cannot be made as
serviceable for two guns as for ten, retaining at once the accuracy of fire,
which is wholly unprovided for in the two-gun turret. It would require less
armor and less weight, but with the shield the two guns would be more in-
vulnerable than the ordinary two-gun turret.

General Newton does not assert, but intimates, in one passage of his let-
ter, that my system of aiming and firing is already in use. I emphatically
declare that General Newton is mistaken, and that the system of aiming and
firing guns as set forth in my system is my device, and has never been used,
nor has there ever been a system approximating it devised. Under the old
system every shot at long range is an experimental shot. After the first
and second shots under my system the uncertainty is removed, and the offi-
cer directing the aim, and keeping his theodolite upon the vessel, and the
gun is discharged only when they constitute one and the same angle and
plane. With the theodolite plan the shots are made with such accuracy as
caused Admiral Porter and others to declare that my system, as compared
with two-gun turret is as a Gatling gun compared to the musket.

General Newton finally complains that there is an absence of detail in my
plans. The Committee can best judge when the model is before them.
This objection ought hardly to be respectabilized by calling it subterfuge.
There is no complication of detail which renders the construction and oper-
ation of my system at all impracticable. The weight of the structure can be
ascertained to a ton. All of its details are fully set forth in the pamphlet
I had the honor to send you. An estimate made by myself, based upon

I had the honor to send you. An estimate made by myself based upon
assumed to a ton. All of its details are fully set forth in the pamphlet
of my system at all impracticable. The weight of the structure can be
there is no complication of detail which renders the construction and ob-
This objection ought hardly to be respectabilized by calling it substandard.
plans. The Committee can best judge when the model is before them.
General Newton finally complains that there is an absence of detail in my
with two-gun turret as a Gatling gun compared to the musket.

caused Admiral Porter and others to declare that my system as compared
hence. With the theodolite plan the shots are made with such accuracy as
gun is discharged only when they constitute one and the same single and
cat directing the aim and keeping his theodolite upon the target and the
and second shots under my system the uncertainty is removed, and the off
system every shot at long range is an experimental shot. After the futur
not has there ever been a system approximating it devised. Under the old
tiring guns as set forth in my system is my device and has never been used,
declare that General Newton is mistaken, and that the system of aiming and
tot, that my system of aiming and firing is already in use. I emphatically
General Newton does not assert, but insinuates, in one passage of his let-
ter, than the ordinary two-gun turret.

But General Newton further says, that Mr. Timpy's tower and shield are
smoke in doing the same execution.
make under the old system seventy amokes I will make under mine but one
of seventy, by reason of the accuracy of the aim, and that where he will
now reduced under the old system, because one shot will do the execution
effective as seventy, and only one shot will be reduced where seventy are
estimate that with my new system of aiming and firing one gun becomes as
authorities in this country, as well as some of the highest military authorities.
In the next place General Newton must remember that the highest usav
opposed by smoke than is the gunner upon a level with the guns.
theodolite with mathematical precision, and is far less liable to have his sight

fifty or twenty feet above the level of the guns, aiming them with a
the smoker. Against the smoke, the gunner's gun was fired.

safe calculations, would make the tower cost somewhere in the neighborhood of one million six hundred thousand dollars.

But the joint committee in framing the bill may so provide that every dollar shall be expended under the direction of the Secretary of War, and if it be the pleasure of Congress to order the construction of one of these towers there will not be the slightest difficulty about the details of construction. The most competent mechanical engineers have volunteered, over their own signatures, to assume all responsibility for the perfect success of the tower.

I ask nothing for myself. The invention is the result of forty years of careful study. While the Engineer Corps was slumbering under the delusion that they had reached the limit of knowledge of offensive and defensive warfare on land and sea, it remained for civilians—Ericsson and myself—to produce and put into execution such science of offense and defense as to revolutionize the naval warfare and the coast defense system of the world.

The difference between General Newton and myself is, that he recommends nine two-gun turrets,—worthless as compared with my system,— while I propose that with two turrets, mounting ten guns each, placed so as to command all the approaches by sea to New York *via* Sandy Hook, to give to the Government a more effective defense to that great port than would be rendered by seven hundred two-gun turrets, with this difference, that while my two-gun turrets might be destroyed in detail by the concentration of the heaviest fire upon them, my new tower and shield would withstand that fire and come out of it unharmed.

I may say in conclusion, that it is the history of invention and of inventors that they have always met with the fiercest opposition of professional men. The percussion cap was fought by the flint-lock engineers; the breechloader was fought by the ram-rod engineers; the metallic cartridge was fought by the paper-biting engineers; the iron turret was condemned by the casemate engineers; but, in spite of all, the brain has triumphed, and it is a subject of great gratification to me that General Newton has come within twenty years of the advance of to-day, in commending an invention which I perfected forty years ago, but is as far behind the system which I now propose as the old brick and mortar fortification is behind the two-gun turret.

I have the honor to be, Senator,

With great respect,

Your obedient servant,

THEODORE R. TIMBY.

WASHINGTON, D. C.,

July 22d, 1886.

July 22d, 1860.

WASHINGTON, D. C.

THEODORE R. TIMBY.

Yon, obedient servant.

With great respect,

I have the honor to present, Senator,

because as the old brick and mortar fortification is behind the two-gun turret perfected forty years ago, but as far behind the system which I now produce twenty years of the advance of to-day, in commending an invention which I subject of great gratification to me that General Newton has come within casemate engineers; but, in spite of all, the brain has triumphed, and it is a work by the paver-paving engineers; the iron turret was condemned by the longer was fought by the ram-rod engineers; the metallic cartridge was the percussion cap was fought by the flint-lock engineers; the pucech that they have always met with the fiercest opposition of professional men. I may say in conclusion, that it is the history of invention and of invention that fire and come out of it unhampered.

Stand that fire and come out of it unhampered
that fire and come out of it unhampered
The difference between General Newton and myself is that heocom-
 revolutionize the naval warfare and the coast defense system of the world,
to produce and put into execution such science of offense and defense as to
warfare on land and sea, it remained for cylindrons—Ericsson and myself—
sion that they had reached the limit of knowledge of offensive and defensive
chemical study. While the Engineer Corps was slumming under the debt-
I ask nothing for myself. The invention is the result of forty years of
the tower.

tion. The most competent mechanical engineers have volunteered over
towers there will not be the slightest difficulty about the details of construc-
it be the pleasure of Congress to order the construction of one of these
dollars shall be expended under the direction of the Secretary of War, and it
But the Joint committee in basing the pill may so provide that every

word of one million six hundred and twenty-six dollars, and it
But the Joint committee in basing the pill may so provide that every

CITY OF WASHINGTON,

DISTRICT OF COLUMBIA,

August 7th, 1936.

We whose names are affixed to this instrument
agree to form and do hereby form a private
ASSOCIATION
to be known and designated as the

NATIONAL COAST DEFENSE ASSOCIATION

under the following articles of contract and agreement:-

I.

THEODORE RUGGLES TIMBY is the patentee owner and inventor of certain appliances, methods and devices represented and patented as follows; numbered respectively as follows: 339,202; 339, 203; 240,786; 246,987; 312,230; 312,231; 312,232; 330,638; 330,639; 330,640; 330,641; 330,642; 344,758; in the patent records of the United States.

II.

THEODERE RUGGLES TIMBY agrees and binds himself
to assign and set over unto the NATIONAL COAST DEFENSE
ASSOCIATION fifty-one one hundredths of all said inventions
or improvements therein or new inventions for Coast and
Harbor defense which he may hereafter invent. The whole of
said inventions and patents being divided into one hundred
equal interests or blocks; whereof the said Timby retains
forty-nine blocks.

### III.

The said blocks are valued at one thousand dollars each, and the subscribers hereto agree to take the number of blocks and pay the amount set opposite their names within ninety days from the date hereof.

Provided that within the said ninety days all the said blocks are subscribed and paid for. The money paid to be deposited with the Second National Bank of Washington, D.C. in trust for Theodore R. Timby and to be paid over to him when fifty-one thousand dollars are paid in, and when the said Timby shall have executed and recorded in the Patent Office an assignment of fifty-one one hundredths interests in and to said patents improvements etc., etc., herein mentioned to this said Association.

### IV.

This private Association may at the option of a majority of its interests be merged into a joint stock company, but only after the fifty-one blocks are paid for and assigned as hereinbefore provided.

### V.

On or before the fifteenth day of November each stock holder shall pay into the common treasury to be hereafter provided five per cent on the amount of his interest for the purpose of paying office expenses of the said Association and other incidental expenses in Washington, D.C.

VI.

In case this contract is not fully carried out
by or before the tenth day of November 1886, the same shall
become null and void and any money subscribed and paid
shall be returned to the subscriber unless this contract
is extended and renewed by the consent of all the parties
hereto.

Washington, D.C. August 7th, 1886.

I do hereby ratify and assent to the foregoing
contract and will assign said fifty-one interests upon
payment to me of the fifty-one thousand dollars retaining
forty-nine interests in said Association for myself.

Attest.

| NAMES | NO. OF BLOCKS. | AMOUNT. |
|---|---|---|
| S. P. McElroy, L. O. McSwain, Samuel Tappan | Two(2) Blocks | $ 2,000.- |
| | Two Blocks | $ 2,000. |
| | Two Blocks | $ 2,000. |