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George B. Dorr Re Mt Desert Island Maps Rand v Sherman
Feb. 17, 1912,
Mr. George 3. Dorr,
18 Commonwealth Ave.,
Boston, Keya.
Dear Mr. Dorr:
Will you kindly again inform me the price which I ony sell the
Island mops and Path mape for. My recollection is that the Ioland
mapa were thirty five cents and the Path mape fifty five contr. I
USD sorry to bother you about this better. You telephoned me the
price but I am unable to find cly memorandum.
Very truly yours,
18 Commonwealth Avenue, Boston.
February 26th, 1912.
Mr A. H. Lynam,
Bar Harbor, Maine.
My dear Mr Lynam,
I enclose a letter which I received from Mr Rand last sum-
mer that will give you the prices on the maps. It seems to me that
the higher price Mr Rand mentions, which I send you under-scored,
is the one that should be charged as we have got to pay the cost of
expressage, etc.,
besides making some allowance for that of
distribution. I have also just rung Mr Rand 117 to ask him what
Stebbins did and he says that this is what he understood him to have
charged the retailers at Seal Harbor. The retailers now, obtaining
them at these prices, can sell them for what they wish of course.
There is no need to return Mr Rand's letter to me but it would be
we 1.1 to file it away for future reference.
Thank you for sending me the advanced sheet of the Town warrant.
I have just looked it through and find nothing to comment on regard-
int it. The wayman Lane article goes no further than it seems to
me important for the town in the future that it should go, in giving
access to the shore and the shore-path over a town road instead of a
private right-of-way with its uncertainties. There can be no ques-
tion of any wharfage on that shore for years to come.
The article with regard to the extension of Livingston Road
seems to be all right.
Mr Fred Lynam rang me iii) this morning, to say that he was pass-
2
ing through, and I shall see him in the morning. I will then speak
to him about
the Liscomb land-
I expect to write you tomorrow with regard to the nursery riat-
ter of which we snoke. I intend to put charge of that into your and
Mr Deasy's hands, to represent me in the matter, and it will be
necessary when I do write to be ready to assume the necessary re-
sponsibility as my legal agents in
regard
I assume that you
will be continuously at Bar Harbor now for the next few weeks but
if you should intend to be absent at any time duri ng them please
let me know.
will you kindly write me, with reference to the extension of
Livingston road, what the minutes are from which you took the extract
that you gave me. There was some difficulty at the last meeting,
I remember, in finding the original vote -- which had been imper-
fectly entered by Dr Amory, whose failing health had already begun
at that ime to show itself in various inaccuracy. But he remembered
perfectly, himself, the form of the original vote as proposed by Mr
Kennedy and the mention of the sun IIstated innit. And later he
found and showed me a loose memorandum in which it had been entered,
at once
and which he promised me he would enter, together with the vote then.
made, in his book. Owing to his condition at that time it is possible
he failed to do 80, but as he showed me the memorandum of which I
speak and I read it personally it would be well to have a search for
it among the corporation papers if it is not entered in the regular
minutes of that meeting. Have you got all the books and papers that
Dr Amory had as Treasurer ? Or did Mr Fred Lynam take charge of
some of them ?
Yours truly,
G.B. Wext
August 3. 1911.
Mr. E. I. Rand,
53 State St.,
Boston, Mass.
Dear Sir:
As per your request we have teken up with Mr. W. I. Sherman
the matter 02 his Mt. Desert Island mepa and have compared the same
with yours. From S. casual examination of the law we are of the
opinion that Mr. Sherman has not infringed upon your map except in
regard to the paths. The paths on his map seem to be substantially
the same as yours Mr. Sherman has however made some changes such
as extensions end additions.
Mr. Sherman's excuse and claim is,
First. Having made so many changes, such as alterations and
additions to the paths and other parts, that his map is not an
infringement.
Second. That no maps are or have been for sale here this
season, and he understood none would be offered for sale.
Third. That he has in the past been refused any of your maps
for sale.
Fourth. Thar no maps can be purchased in this town except
during the summer months when Mr. Bee has his store open and that
there is a demand for a cheaper map.
Fifth. That as he is open the year round, doing a large
business, publishing cottage directories, souvenir books of Bar Harbor
and many other things pertaining to Bar Harbor and Mt. Desert Island
he should be allowed to sell your maps, that on this account he had
been unfairly treated.
E. L. R. -2-
August 2, 1911.
While these excuses and claims do not, as we believe, affect
the question of infringement, we feel that he has reason for attempt-
ing to produce a map that is not an infringement, and unless some
adjustment is made, will keep at it until he has one that he can
put on the market for sale at twenty-five conts.
Mr. Sherman seems very friendly about the matter, and seems
willing to do what he can to adjust it. He wishes to get out of
the matter as nearly whole as possible (his expense so far being
about $100) He also wants to sell your maps realizing the same
profit
that
Mr. Bee realizes. If this can be done he will turn over
to us all the maps he has and publish no more of them.
Will you therefore kindly advise us the best proposition you
will offer and advise us what steps you wish us to take in the matter.
Yours truly,
EDWARD L. RAND,
ATTORNEY AND COUNSELLOR AT LAW,
MT. DESERT PATHS AND MAP
EXCHANGE BUILDING,
No. 53 STATE STREET,
1952 Exchange Building,
ROOM 1052
BOSTON. MASS.
BOSTON, August 28 1911
Messrs Deasy 2 Lynan
Bar Hastor, Me.
Dear firs :-
I have heard from Mr. gagner mer morning.
He with me That we use funds return given
Boston for in about a month me will consider taking up to us case
us agrees public work, to help Mr. Therman. on his The to
against Mr. therman and any other who may he liable
in It the certainly matter seems of this unfor map. tunate that, after our map with work out has been
carried cent on profit for years or reward at much to The expense compilers, and but trouble for the public good one
business of man of The Island should appropriate our done
for a his own profit That such a Harbor. thing can he
does not speak well for The people of Bar
yourself truly
Edward L.Rand
August 20, 1911.
Edward L. Rand, Esq
53 State St.,
Boston, Mass.;
Daar sir:
We have had & number of conferences with Mr. Sherman in regard
to the Mount Desert Island maps and while Mr. Sherman seems friendly
he does not Secki disposed to discontinue the sale of his map unless he
can be made whole. As we wrote you Aug. e, he has been to an expense
of about $100. this he wants back. He will upon payment to him of that
sum turn over his plate, maps, drawing, etc, and agree not to produce
or attempt to produce another map of the same territory as yours,
with the further condition that he be supplied with all the maps you
publish, that he desires, at the same price sold Mr. Res.
We can of course proceed in the United States Court against him
but this method is, 03 you know, expensive, and if the matter could be
adjusted so that there would be no further competit on would it not be
better.
Mr. Sherman also says that be prefers to have RS bring suit
against him in order that he may learn how be can prepare EL map that
He can sell which will not be an infringment.
Yours truly,
bs 'pury TI
-
EDWARD L. RAND,
MT. DESERT PATHS AND MAP
ATTORNEY AND COUNSELLOR AT LAW,
EXCHANGE BUILDING,
1052 Exchange Building,
No. 53 STATE STREET,
BOSTON, MASS
ROOM 1052
BOSTON, August 14 191/
Messra Deasy a Lynam
Bar Merber, Me.
Dear firs:-
It is reported time This morning
That Mr. therman continues to exhibit his mupfor
sale., This does not look to me like The "friendly" what
feeling you mention. I with you could find out
he intends to do. As I told you in my letter of The 10thint
he has The matter in his own hands for decision, but he must
decide me may or the other.
Sincerely your
Edwardh. Rand
EDWARD L. RAND,
ATTORNEY AND COUNSELLOR AT LAW,
EXCHANGE BUILDING,
No. 53 STATE STREET,
ROOM 1052
BOSTON, August 10
191/
Messra Deary a Ly nam
Bar Mahar, Me.
Dear firs :-
Neither Mr. guyrer nor g care to ask M.
Therman for damages if he acts his in good faith within
and does not continue to sell mapi
drawing, of plate or stone from which the map and
course we must ahk him to Turn over is printed to ut his
all maph.
Nobody will be given a monopoly on our maps withdraws and I
shall hegled to hear from Mr. Therman, if he
mi map.
finurely yours
Edward 2. Rand
EDWARD L. RAND,
ATTORNEY AND COUNSELLOR AT LAW,
No. 53 STATE STREET,
AND MAR
EXCHANGE BUILDING,
ROOM 1052
1052 Employer Building
803107
-
BOSTON, August 21st- 191
Menore Deary a Lynam
Attorneys a Counsellors
Bar Marher Me.
Dear firs:-
I have received no reply from you to my
letters of The 10th a 140 inst. in regard To The Sheeman
matter. g hear, however, that Mr. therman is still selling
his map, and I myself saw his advertisement ofit
in the paper last week. of course you cannot prevent
this, but I with you would get a decision at once
from Mr. Therman as to whether he intende him To that content The
our claim, or to settle it. please tell
sale of his maps must he stopped stonce if he
him understand that whether damages are claimed
wishes we to make no claim for damages. Let
or not renta on his own decision.
It in hardly me cessary to say mat g do not wish
Mr. Therman To go on selling his mape until the season
is over, and then come in and wish to settle. If
he does This we cannot sittle on The Terms stated
in my letter of August 100, but the amount of damages
must also he considered
that he has been deprived of The sale of one maps and
I find that Mr. Therman it also making statements
communication with us on The subject, it Have hard
has been treated unfairly. As he has never is had any
to see what he has to complain of and why his state such
ments are not absolutely false I hope he will stop
foolian and annoying conduct
Very truly yours
Edward L. Rand
EDWARD L. RAND,
CERYO ATHS AND MAP
ATTORNEY AND COUNSELLOR AT LAW,
EXCHANGE BUILDING,
1052 Exchange Building,
No. 53 STATE STREET,
BOSTON,
MASS,
ROOM 1052
BOSTON,
August 23 1911
Means Deary a Lynam
Bar Marbor, Me.
Dear tire:-
Thank you for your letter of the 224 inst.
in request to the therman matter. of coural is vidiculous from a
legal I hope of Total him so. Mr. Therman done me public
point view Mr. therman's proposition does not seem
and you that our work is for
to understand no right to use trust funds to help him
and out we have situation in which he has very poolishly and fluced not
Pimmself damages. I think if anyone it. Imust
of a All we can do is To treat him decently, now ran a
right ask any to complain of un furnness, we have than to sup-
say pare he would Try to make other people pay
I had a Letter opinion of Mr. Therman The ex-
pense of his mistakes
I think he has you had ample notice already That the
Peshapa had better notify Mr. Therman, since although he
has repused our offer of settle ment, he continues
sale of his map at his peril, -or rather at the peril of
his packet book. In the Full when Mr. gaquer returns we
will decide what to do, and in The meantime g will
inform The supporter of me map-wark of Mr. Therman's
position and determination to antugonize our work.
If anyone wishes to pay Mr Therman the $100 (less, I
suppose, of courte, the amount of his sales) I have no objection
a right to use for such a purpose. You have probably total
to his doing so, but have no money that g have Mr.
Sherman This already
I have already made as clear and can our position in regard
to supplying dealers with our maph.
real feelings, and I shall give it publicity, if it seems desirable
The last paragraph of your letter seems to disclose Mr. Therman's
yours truly Edward L Rand
0 SINCE R
EDWARD L. RAND,
ATTORNEY AND COUNSELLOR AT LAW,
w CALERT Exchange PATHS Building, MASS, AND MAP
EXCHANGE BUILDING,
No. 53 STATE STREET,
ROOM 1052
10.BOSTON,
BOSTON, August 5th 191)
Meanra Denny & Lynam
Bar Marbor, Maine
Dear Sir:-
Your letter of the 3rd nint in regard to The
therman affair is received g am glad you have
seen Mr. Therman and That he is friendly me certainly
have no desire to cause him any unnecessary lost
or Trouble in The matter, if a satisfactory arrangement
can he made.
with There is plenty of internal evidence to show in
As to the extent of the infringement I can hardly agree that
Mr. novels features. The paths are but a part of these shope,
therman you. deliberately copied one map including
howevel, there will he no need to go into these matters
First. Forevery addition or change he has made he course has
As to Mr therman's excuse
"forrowed" a dogen things from our map. of where
you lotd him that additions are no defense
There is an infrin gement.
alsowhere
second. Maper are on Mr. sale therman at Year never Macher waked me about out
and
on the matter, Igland and never Took any pains to fine
The whether maps were To he issued or not, for him many
people he Talked with could have toba a
new edition was in preparation.
Third. I have never refused him any maps for he has
never asked for any I find no application of his
Fourth The path maps could be obtained at any time
for mapt among our fikes.
from me, if Mr. Sherman had chosen F send a
not the obtained merely because Mr Bee bought
sufficiently large order. The Island maps could
the whole edition. M. Therman never asked to peer.
Fifth. He certainly is allowed to sell the path maps, and
chase even a copy.
there seems the no reason why he should not
sell the Island maps 1911 edition. now he is un-
fairly Treated, g cannot are
statements are unmaterial.
of course if there is un infringement all such
I think it in hape to any that Mr. therman will
MAP
EDWARD L. RAND,
ATTORNEY AND COUNSELLOR AT LAW,
2 MT, BOSTON, PATIS Building, AND MASS,
EXCHANGE BUILDING,
No. 53 STATE STREET,
ROOM 1052
(D.xL)
BOSTON,
191
found it rather difficult produce a new map
that work in 1891 and have been Mr. therman adding
he can sell at any propit for twenty five cents.
We began our to our maps ever since If matter and
new features to spend some Time on me let him
have is willing a smit for infringement on every map,
go
ahead. Ms. therman that we do not Think misunder- he has heated
us Tell at all fairly. It There maps, has he been has himself any to flame He
standing finding about the out just now matters stood else has,
for not same privileges that any one has injured
so has far the as g know, except so far as he
them
Mr himself gaques is out of town just now, but make I will
write to
reemstr him me that Mr. therman map could by coopera more
progress It with in us. the direction The trouble of in a it cheaper all is the impossible features , people to pro-
ting duce a good map showing profit to the
desire and give much lucky if if any they pay the original the
cost. The compiler Large deficits are name been made up is one by reason sup-
posters of The map work, and results that pirated.
they do not care to have Their slow
selling ganggest his maps, and that you read
that you bell Mr. Therman to him go me in
new copyright law as to damages.
Sincerely yours
Enward Rand