closed for years bair atropates to change of STATE OF MAINE In the year of our Lord one thousand nine hundred and Twenty-seven. AN ACT to amend Chapter five hundred and four of the private and special laws of eighteen hundred eighty-nine. Be it enacted by the People of theState of Maine, as follows: Section I. Chapter five hundred and four of the private and special laws of eighteen hundred eighty-nine is hereby amended in the first section thereof by striking out the word "Eden" in the sixth line of said section and substituting therefor the words "Bar Harbor"; by striking out the word "free" and the word "for", by adding the words "or road" in the seventh line of said section, and by striking out the word "public travel" and the words "with a draw" in the eighth line of said section, so that said section as amended, shall read as follows: "Section 1. Darius Wellington, Cornelius Wellington and Eri L. Bunker, their associates and successors, are hereby incorporated into a corporation by the name of the Otter Creek Bridge Company, for the purp ose of building, erecting and maintaining through and over the tide waters between Mount Desert and Bar Harbor, in the county of Hancock, a cross Otter Creek, at or near Otter Creek bar, a road, or road and bridge, as hereinafter specified. Section 2. Said chapter five hundred and four of the private and special laws of eighteen hundred and eighty-nine as amended by Chapter one hundred and two of the private and special laws of nineteen hundred and thirteen, is further amended in the second section thereof by inserting the words "or road" in the first line of said section; by striking out the word "Eden" in the third line of said section and substituting therefor the words "Bar Harbor"; by inserting the words "or road and bridge" after the word "road" in the fourth line of said section; by striking out the words "said bridge shall contain a draw, which shall be twenty-four feet in width in the clear and located to meet the needs of navi- gation at that point," in the fifth, sixth, seventh and eighth line thered, and by striking out all of said section after the word "limit" in the tenth line thereof so that said section as amanded, shall read as follows: "Section 2. Said road, or road and bridge shall be located at or near said Otter Creek bar, and general continuation thereof, from Bar Harbor to Mount Desert, in 8 suitable and convenient place, and said road, or road and bridge shall be built of earth, stone, wood or other good material, and of not more than four ro ds in width, and said company may build, erect and maintain such piers, abutments and other structures, as it may deem necessary in the premises, within and without said four rod limit. TT "Section 3. Section six of said chapter five hundred and four of the private and special laws of eighteen hundred and eighty-nine is hereby repealed." "Section 4. Section seven of said chapter five hundred and four of the private and special laws of eighteen hundred and eighty-nine is hereby repealed.' "Section 5. Section two of said chapter one hundred and two of the private and special laws of nineteen hundred and thirteen is hereby repealed." "Section 6. No road, or road andbridge shall be constructed under this charter until permission of the War Department of the United States is first obtained." may , any THE and - Teleage I 100% bittle - - - our 100 POT with - out an pril 2, 929 C Clector of Internal llev nue Augusta, Maine. ear Sir: I ar. Inel oing horowith income tax return for the Otter Creek ridge Company dilly signed by the President and reasurer to which is attached art original Letter grint- ing in extension of time to April 15th for filing this blank. Your's ver, truly, 1 March 4, 1989. Collector of Internal Revenue, Augusta, Maine. Dear Sir: In regard to the return of the Otter Creek Bride Company I wish to ask for additi nel tiric in filing this corporation return is we are unable in find the records of the corporation. T can however state that in my it owledre the corporation has done no business in the east year. Very trily your., November 23, 1928. Mr. Charles 0. Heydt, 26 Broadway New York City Dear Mr. Heyat: As the time draws near for my vacation I locate and prepare the various instruments that may be necessary requiring my attention. I find that the Otter Creek Bridge Company Income Tax Return is made by me but that the Soal Harber Real ty Company return is made by you. In looking through my files I cannot find a copy of the Income Tax Return made for the Bracy Cove Land Company but I do find that I forwarded you the latter part of August an attested copy of the decree of the court dissolving said corporation which copy was to be used with your next Income Tax Returns. I assume therefore that you prepare that return. This year a similar return should be made for the Bracy Cove Company. Please lot me KILW whether you have a copy of last year's return and whether I am to look after it this year. I an in hopes to be able to leave here sometime the latter part of December. Yours very truly, September 13, 1928. Mr. Charles 0. Heydt, 26 Broadway, New York City Dear Mr. Naydt: The State Return for the Otter Creek Bridge Company was mailed on June 7, 1928 in one of our return envelopes. It has not been returned to us and must therefore have been received by the Secretary of State. We are today writing the Attorney General advising him of this fact and asking him to let us know if the return was not received. If not we will make a new one. We will advise you of progress in the matter. Yours very truly, January 15, 1927. Mr. John D. Rock:efeller, Jr., 26 Broadway New York City Dear Mr. Rockefeller: I have just returned from Augusta where I have been looking after the amendment to the Otter Creek Bridge chatter. I have seen a number of the members of the Legislature and obtained pledges from them, so such so that I feel encouraged. The plan now is to have the amended bill referred to a committee for early hearing. I have discussed the matter with the Covernor and he heartily approves. I shall give the matter attention and am in hopes to obtain early action. Yours very truly, February 9, 1927. Mr. John D. Rockefeller, Jr., 26. Broadway, New York City Dear Mr. Roukefeller: The amendment of the Otter Creek Bridge bill was favorably reported by the Ways and Bridges Committee and under a suspension of rules the bill was given its various readings in both Houses and finally passed and aigned by the Governor, all taking place in less than one hour. in token of their appreciation of what work has been done for our benefit. The matter was handled principally by Senator Sherman Douglas of Lamoine although Representative Harris H. McLean of this town looked after it in the House and gave valuable help. Judge John A. Peters wasalso very helpful having written and interviewed a great many influential friends. I will obtain 8 copy of the signed bill to be forwarded to you. The bill under the constitution does not finally take effect until ninety days after the Legislature giving an opportunity for a refenendum. of course no referendum will be had or attempted in this matter. This will was passed'under a suspension of rules something that is not done here in private legislation and the bill was signed by the Governor at a council meeting at which time business of the council was suspended. Yours very truly, 26 Broadway New York February 10, 1927. Dear Mr. Lynam: I note with satisfaction the news contained in your telegram just received; namely, that the bridge bill has passed both houses and has been signed by the Governor. I presume this means the bill in the amended form which we had considered together and agreed upon. Please write me what, if anything, has been said publicly or privately that would in any way limit our right to build a private horse road over this bridge if we so desired, instead of an automobile road; also our right to maintain as private and for our own uses only an automobile road, should that be constructed. Have you any new thought about the possibility of repairing or reconstructing the old wooden bridge, if I should think seriously of doing that? DO you feel on further reflection that that could be done without any further permission or legislative action? Very truly, John's Mr. A.H.Lynam, Bar Harbor, Maine. February 4, 1927. Mr. Charles 0. Heydt, 26 Broadway, New York, N.Y. Dear Mr. Heydt: I arrived home too late yesterday to get a letter off to you. Upon my way back I stopped at Augusta where I appeared before the Ways and Bridges Committee in reference to the amend- ment of the Atter Creek Bridge Company Charter. The Logisla- ture had adjourned before the Committee could report so that its report now will not be made until Tuesday or Wednesday of next week. I have every reason to believe their report will be fa- vorable. I also stopped at Providence in accordance with Mr. Aldrich's suggestion to investigate the White matter. I learned that the Trustees of the Estate who gave the deed originally have filed no report either in the Probate Court or the Superior Court where the Trustees are appointed. I got in touch with Mr. Smith of Swan, Keeney & Smith and employed him to make further investigation for me as it would take some time to do it myself not knowing the parties or how to reach them easily. We got in touch with Mr. Matteson, one of the original Trustees, who told us that He did not remember the circumstances of the transfer, except that the attorney who acted for them has now deceased. In Boston we saw Mr. Railback, the President of the New England C. 0. H. 2/8/27 -2 Road Machinery Company. and he tells us that he will issue a credit memorandum for the shaft and lever upon receipt of the old ones. This will therefore straighten out the matter we wrote you about a short time ago. Very truly yours, December 20, 1927. Mr. Charles 0. Heydt, 26 Broadway, New York City Dear Mr. Heydt: Answering your letter of December 17th regarding the Income Tax Return for the Otter Creek Bridgo Company. we will have the return prepared here and sent to you for review. Very truly yours, December 15, 1927. Mr. Charles 0. Heydt, 26 Broadway, New York City Dear Mr. Heydt: I neglected to write you about the Income tax return for the Otter Creek Bridge Company. will we make this return here or will you look after it? Mr. Ralston is the President and you are the Treasurer. Yours very truly, January 24, 1927. Charles 01 Heydt, 26 Broadway New York, IT. Y. Doar Mr. Hepdt: I bog to acknowledge receipt of yours of the 21st. The Otter Creck Bridge Company has no balance sheet. In fact it has nothing except a charter and a portion of a bridge. I am returning the return which should be signed by you as Treasurer and by Mr. Ralston as President. I understand that he will be with you about the time this is received. Very truly yours, P.S. "Chanted Shauld not to enect budge be entered in Killi A ugust 21,1926. Mr. John D. Rockefeller, Jr. Seal Harbor, Maine. Dear Mr. Rockefeller:- Mr. Peters' letter, which I and enclosing herewith, arrived this morning. Iam very much disappointed with it. From what he said to me I assumed that the Seal Harbor Realty Company was anxious that the sale go through and that he, Mrl Peters, was most anxious to see the development at Otter Creek commenced. The conversation began by his in- quiring when work was to commence. I told him that I WELS not sure that it ever would commence ; that it was possible the attitude of the Seal Harbor Realty Company was hindering the development, although I had no reason for thinking so, that I had no knowledge whatever upon the subject, that it was merely a guess on my part. It was my suggestion that he write me instead of leaving it to our conversation. Mr. Peters and Mr. Stebbins for the Seal Harbor Realty Company submitted a list of its real estate, together with the sale price. I understand this is the same list given me the latter part of June. The total valuation of the real estate was $251,950. The cash they had in the treasury J.D.R.Jr. 8/21/26 A2 was $30,000. making their listed valuation $281,950. For this property you offered $112,500. and they offered to sell the same for 150,000. a difference of $37,500. Now Mr. Peters' letter suggests that they retain for $35,000. real estate and furniture which they had listed to you prev- iously at $47,000.. offering you the balance of the real estate at $204,950, and cash in the treasury, Mr. Peters says from $7,000. to $10,000. (figuring it at $7,000.) a total of (211,950. for $90,000. Taking your former offer $112,500. and deducting the amount of cash retained and used in the Company's business, $23,000. leaves $89,500. From this deducting the real estate and furniture they are to retain and at the value placed upon it reduces your former offer to $42,500.. or a difference of 47,500. from their present offer. Mr. Peters is either mistaken in the balance in the treasury or in two months the Company has made a loss and its assets depreciated from $5,000. to $8,000. It is possible in my hurry to get this letter to you that I have not properly analyzed Mr. Peters' letter, but it seems to me, hoever, that in order to acquire the property under their former offer you must increase your offer $37,500, and to buy it under the present offer you must incusedo your offer $47,500. Yours very truly, August 25, 1926. Ne. John D. Cockefeller, Jr., Soal Harbor, Maine. Dose Mr. Rockefoller: vita reference to the inquiry made by Mr. Dunn I beg to say that under our lous all acts of incorporation granted since January 1, 1093 become mll and void in two years from the Quy when the same takes effect, unless such corporations shall have organized and curmoneed netual business under thoir charters. It will this be soon that the only limitation to a charter is that corporations shall have organized and consenced actual business under their charters. The otter Creek Bridge Company was organized and did componce actual business under its charter. An amendment to the charter with reference to the construction of the bridge would therefore beer no limitation unless the logislature should at the time of making the emendment limit it. I feel that I con safely say this will not be done. Yours very tinly, AKL/AZI Nov. 3, 1926 Mr. John D. Rockefeller, Jr. 26 Broadway New York City Dear Mr. Rockefeller: I discussed with Mr. Peters the question of eliminating from the charter of the Otter Creek Bridge Company the "free" road and bridge and "public travel" matter. He seems to think, as you will 800 from the enclosed copy of his letter, that the feature is not objectionable. Mr. Peters may be right and probably is still would it not be advisable to make an attempt to have the charter amended as you would like it. I should like very much to make the attempt. I do not believe the legislative committee, to whom the amend- ment will be referred, will report unfavorably on it unless opposition is made. I oan not believe anyone will make strong opposition to it. If reported favorably I should expect the legislature to pass the amendment as the State oannot be injured thereby but on the con- trary very much benefited. Notice on the bill can be given the latter part of November and the bill entered in January and probably referred to a committee to be heard the latter part of January. The bill, if passed, would not be passed before the latter part of February or the first of Mar oh to J.D.R. 11/3/26 -2 take effect ninety days after the adjournment of the legislature which is usually early in April. In cases of public emergencies an emergency clause is attached causing the not to take effect when approved. I do not believe we can get the amendment passed with such a clause attached. I should imagine that I could get some vaoation in California between the hearing before the committee and the passage of the act at which time I should like to be here. Very truly yours, November 17, 1926. Mr. John D. Rockefeller, Jr., 26 Broadway, New York City Dear Mr. Rockefeller: In order to get our amendment to the oharter of the Otter Creek Bridge Company before the next legislature it is necessary that a notice be published in the newspaper. I have therefore prepared such a notice which I propose having published next week. I enclose a copy for your files. The notice, as you will observe, does not especially call attention to any particular change but shows how the charter will read if the proposed amendment is adopted. I plan to go around and see all OI the members of the legislature from this county and I am in hopes I can succeed in obtaining the amendment. Yours very truly, 26 Broadway New York April 21, 1926. Dear Mr. Lynam: This is to acknowledge receipt of your letter of April 19th enclosing two certificates of the Otter Creek Bridge Company stock standing in my name for respectively,one share and two hundred and ninety-seven shares. Very truly, Mr. A. H. Lynam, Bar Harbor, Maine 26 Broadway New York April 22, 1926. Dear Mr. Lynam: Answering your letter of April 16th enclosing a copy of the minutes of the meeting of the directors of the Otter Creek Bridge Comp- the any on April 12th, also setting forth distribution of stock in that company in the name of yourself, Mr. Ralston and myself. I think it would be ad- visable for you and Mr. Ralston to endorse your certificates for one share each and forward them to me. I have already acknowledged the receipt of your later letter enclosing certificates in my name, both of which I have endorsed in blank and delivered to Mr. Rockefeller. Very truly, Mr. A. H. Lynam, Bar Harbor, Maine 26 Broadway New York May 26th, 1926. Dear Mr. Lynam: Please find herewith copy of a letter from The J. Go White Engineering Corporation with reference to certain legal advice which Mr. Dunn, the President, will need from you in connection with the Otter Creek Bridge Company matter. Will you please comment on these things at your early convenience so that I can reply to Mr. Dunn. Very truly, Mr. A. H. Lynam, Bar Harbor, Maine. COPY May 1, 1926. Mr. Gano Dunn, President, Office OTTER CREEK BRIDGE Dear Mr. Dunn: Before we can determine whether the present Otter Creek Bridge Company may be authorized to construct a bridge which we have designed, it will be necessary to procure legal advice as to the powers of the Company and also the advice of the U. S. District Engineer at Boston. The points to be considered are these: 1. Line Special Act of Legislature of the State of Maine, approved March 5, 1889, incorporating the Otter Creek Bridge Company, provided that the bridge should have a clear waterway of 100 ft. including a 35 ft. draw. The Act was amended in 1913 to provide that the bridge should have a clear waterway of 100 ft. including a 24 ft. araw. Our design provides a 30 ft. waterway at the draw and no additional waterway, that is, we provide for 30 instead of 100 ft. waterway. To provide the additional 70 ft. waterway would involve the construction of a reinforced concrete trestle section instead of the stone embankment, at a moderate additional cost. It may be that we can satisfy the Engineer Officer as to the sufficiency of the 30 ft. waterway, but even with Federal Government approval the Bridge Company may not be legally authorized to construct on our design unless the Act of Incorporation is further amended to permit this narrow waterway. 2. Certain other provisions of the original incorporation not subsequently amended are as follows: a. The authorized capital is $9,000.00 b. The authorized bond issue is $9,000.00 C. The towns of Edep and Mt. Desert are permitted to purchase stock if so authorized by a majority vote at a legal meeting. d. Said towns are permitted to purchase "so much of the property of said company as may be situated within the respective limits of each, with all rights and francises of the company connected therewith, provided, the inhabitants of said town or towns shall by a majority vote of those present at a legal meeting, authorize the same. 11 3. The amendement of 1913 further provides that "the towns of Eden and Mt. Desert or either of them are hereby authorized to contribute such suns toward the cost of construction of said road and bridge as they may vote to contribute at any legal meeting of the inhabitants thereof." 2. Mr. Stanbery advises that you wish to have these points brought up before the next meeting of the Otter Creek Bridge Company. It doesnot appear that the Bridge Company can exercise powers beyond those granted in the Special Acts. It may be that the powers of companies incorporated under Special Acts may be enlarged by subsequent general laws of the Legislature. As to all these matters we need legal advice. Presunably, the requirement for a 100 ft. waterway was included in the incorporation papers at the suggestion of the U. S. Engineer Officer in charge at the time, as it does not seem to be a matter in which the State would be interested. Yours very truly, (Signed) J. W. Burke. THE J. G. WHITE ENGINEERING CORPORATION COPY Saturday May 1, 1926 Charles 0. Heydt, Esq., 26 Broadway, New York. Dear Mr. Heydt: Referring to our telephone conversation this morning, and in order to be more specific as to the nature of the legal advice we shall need from Mr. Lynam, I have asked our Mr. Burke to give no a memorandum of what our combing thru the records of the Otter Creek Bridge Company and elsewhere have revealed in a preliminary way as to the status or the old structure. I enclose & copy of this memorandum, dated May 1st, morely for your information. We are somewhat concerned to find that the act of the Maine Legislature incorporating the Otter Creek Bridge Company provides as amended that the bridge shoud have a clear waterway of 100' including a 24' draw. is provide & 30' draw with no 80-called clear waterway. Our design is entirely sufficient for the require- aents of the situation, for no made an actual survey of the contours underneath the impounded waters, to determine the volume the drax span would have to receive and dischart each tide, and we expect no difficulty in convincing ti United States Government District Engineer of this. THE J. G. WHITE ENGINEERING CORPORATION COPY Charles 0. Heydt, Esq., Page Two, May 1, 1926. But the statement of certain engineering data in the act of incorporation passed by the Legislature may make some trouble for us. We also note that the authorized capital is limited to $9,000 with a bond issue of $9,000, which may make it necessary for an application to be filed for permission to increase the capital sufficiently to cover the oost of the new bridge. Perhaps you would pass this memorandue on to Mr. Lynaa, not as & request for action just yet, but 80 that the matter will be in bia find when, after the eign- ing of the contract and after our first approach to the District Engineer in Boston, wo can give Mr. Lynam some indication of what the War Department will require. I am sending thia around to your office by messenger. Sincerely yours, Gane Dunn, President. P.S. I as sending an extra carbon copy of this letter 80 that you may send it also to Mr. Lynas if you want to, without overloading your office staff this Saturday afternoon. 26 Broadway New York June 10th, 1926. file Dear Mr. Lynam: The Federal Capital Stock Tax Return will be due on July 1st. I assume you will prepare the return for the Otter Creek Bridge Company and see that it is filed. Very truly, Mr. A. H. Lynam, Bar Harbor, Maine. 26 Broadway New York July 29, 1926 Dear Mr. Lynam: Your letter of July 27 is received with copy of the proposed anendment to the charter of the Otter Creek Bridge Company. This, it seems to me, covers the matter. However, I would be interested to learn what Mr. Dunn has to say on the subject. Very truly, Mr. A.H. Lynam Bar Harbor Maine 26 Broadway New York August 18, 1926 Dear Mr. Lynam: Your letter of August 16 is received with the draft of the proposed amendment to the charter of the Otter Creek Bridge Company. As I understand it, Mr. Rockefeller is of a mind not to do anything at all about the bridge construction for this year. Nevertheless if an amendment can be secured whereby the Bridge Company has the privilege of building either a dam or a causeway and bridge, I think it would leave the matter in such a flexible state that he could do either when he comes to make his final decision. Later in the fall I will let you know what he thinks about the matter, although perhaps he may discuss it with you while he is at Seal Harbor. Very truly, Mr. A. H. Lynam Bar Harbor Maine July 31, 1926. Hr. Charles O. Hoylt 26 Broadway, Now York City Dear Mr. Heydt: Mr. writes no that the proposed amontment to the charter of the ottor Creek Bridge Company harmonises fully with the physical requirements and dosigns for the bridgo. Very truly yours, June 17, 1926 Mr. Charlos O. Heydt 26 Broadway Now York, N. To Dear Mr. Heydt: With reference to the matters in connection with the Otter Creek Bridge contained in Mr. Dunn's letter of Msy 1st, which you forwarded me, I beg to say inasmuch as the charter of the Ottor Creek Bridge Company provides for a clear waterway of 100 feet we could not exorcise powers beyond that and reduce the clear waterway to 30 feet without an exondmont to the charter. This can only be done by the legislature as there are no general laws enlarging Special Acts. The legislature convones next January, the sessions are held bi-annually. I do not apprehend any difficulty with the State in obtaining the amondment desired if WO can first satisfy the engineer in charge of the district. The capital stock of the corporation can ossily be increased at any time by the stockholders by E mejority vote. When this is done the cor oration must file a certificate showing such increase. The corporation must also pay for the use of the State $40 if the stock is increased from $10,000 or loss to not exceeding $500,000 and must also pay an annual tax to the Stato of $10 if the capital stock excoods (50,000 and doos not exceed $200,000, $50 if the capital stock excoods $200,000 and does not exceed $500,000. COH/6/17 2 of course it is not necessary that the capital stock be increased, as a donation for the purpose of rebuilding the bridge could be accepted, having the effect of increasing the value of the stock now outstanding. While the towns of Bar Harbor (fornerly Eden) and IIt. Desert are permitted to purchase stock and to purchase the property of this corporation within their respective limits and to contribute towards the cost of the construction of roads or bridge I do not believe they would do so. Very truly yours, July 27, 1926 Mr. Charles 0. Heydt 26 Broadway New York City Dour Mr. Heydt: I all enclosing horewith a aerbon copy of the proposed amondment to the cherber of the Otter Creak Bridge Company, the original of which I have forwarded to That Dunn, eaking him to advise me 11 any changes ero noted. Very truly yours, Aoril 30, 1926. Mr. Charles 0. Heydt 26 Broadway, New York City Dear Mr. Heydt: In accordance with your telegram I consulted Mr. Rockefeller and with his approval have had a vote passed by the Otter Creek Bridge Company an thorizing you as Treasurer to enter into a contract, satisfactory to you, A copy of such vote is enclosed herewith. Yours very truly. April 19, 1926. Mr. Charles C. Heydt 26 Broadway New York City Dear lr. Heydt: I am enclosing herewith the two certificates of the Otter Creek Bridge Company stock standing in your name, one for one share and one for two hundred and ninety seven shares. Yours very truly, April 16, 1926. Mr. Charles 0. Heydt 26 Broadway, New York City Dear Mr. Heydt: I got in touch vi th Mr. Peters on April 12 and had & meeting of the Bridge Company on that date and an adjournment of the same to the thirteenth of April at which time votes were taken and stock transferred so that now one certificate for one share of stock stands in Mr. Ralston's name, one certificate for one share in your name, one certificate for two hundred and ninety seven shares in your name, and one certificate for one share in my name. AS soon as Mr. Ralston comes over I will get him to sign the stock standing in your name when I will forward it to you. Shall I leav the stock in my name and in Mr. Ralston's name in the stock book or shall we indorse them in blank and forward them to you? The certificate of one share each for you, Mr. Ralston and myself are necessary to qualify us as directors. I am enclosing also a copy of the minutes. Yours very truly, July 16, 1925. Mr. John D. Rockefeller Jr. Seal Harbor Maine Dear Mr. Rockefeller: I have just seen Mr. Peters and explained to him that I was unable to obtain $100. per acre, the price asked for the Otter Creek land but that the offer of $75. an acre was still in force. This they were unwilling to accept. I then asked Mr. Peters if he desired me to see if I could get my parties to split the difference between the amounts. Mr. Peters felt it was best to do BO and talked with and advised Mr. Stobbins who told Mr. Peters to do what he would and he would agree to it. The final arrangement was that they would divide the difference and sell for $87.50 per acre or even go down to $85. per acre. From what Mr. Stebbins previously said to me I did not suppose that any such arrangement could be made and in the future I shall never feel certain that I have reached bottom price. The property is owned by the Seal Harbor Realty Co. with the exceptionsof the small lot marked Fish House near "Outer Bar" and also a small part of the tract marked "Lothrop Lot". If you decide to purchase I will ascertain whether an abstract of the title has been made and if not I will proceed at once to make one. Yours very truly, 26 Broadway New York October 3rd, 1925. Dear Mr. Lynam: ackiyo This will introduce Mr. Gano Dunn, President of the J. G. White Engineering Corporation. Mr. Dunn has been commissioned by Mr. Rockefeller to carry out a project on Mount Desert Island, of which you doubtless have some intimation. Some of the phases of this project Mr. Dunn will want to discuss with you and you can talk with him quite as freely and frankly about anything he may wish to know, just as though you were talking to me. Please give Mr. Dunn every assis- tance you can. Hoping to see you soon at Seal Harbor, I am, Very sincerely, Mr. A. H. Lynam, Bar Harbor, Maine. July 29, 1930. Mr Charlos 0. Heydt, 26 Broadway, New York City. Dear r. Heydt: The Otter Creek Bridge Company has had no meeting since the stock was acquired by you, Mra Rolston and mysolf. There is no necessity for holding E meeting. The officors according to our law hold over until new offi- cers are elected. A meeting, owever, can be hold if you so desire but in order to do so you would have to act by proxy. Unloss i hear from you to the contrary I will assume that no meeting is necessary. Very truly yours, 26 Broadway New York August 9, 1930 Dear Mr. Lynam: Answering your letter of July 29th about a meeting of the Otter Creek Bridge Company, I suppose we might better go through the form each year of holding a meeting to re-elect the officers so as to get the whole thing on the records. If you will send me a proxy I will sign and return it so that you and Mr. Ralston can have the meeting at any time convenient to your- selves. Very truly, Mr. A.H. Lynam, Bar Harbor, Maine. August 13, 1930. Mr. Churles 0. Heydt, 26 Broodway, New York City. Dear Mr. Heydt: I am enclosing herewith record of the meeting of the Otter Creck Bridge Company, of rhich you are a director, together with proxy. Will you kindly sign the proxy and return it to me. Very truly yours, KNOW ALL MEN BY THESE PRESENTS, That I, 8 director and stockholder of the OTTER CREEK BRIDGE COMPANY, do hereby appoint S. F.Ralston my true and lawful attorney, with power of substitution for me and in my name to vote as my proxy at the annual meeting of the directors and stockholders of said Corporation to be held at Bar Harbor, Maine, on the fifth day of August, 1930, or at any adjournment thereof, with all the powers which I should possess if personally present. Witness my hand and seal this thirtieth day of July, A. D. 1930. ANNUAL MEETING OTTER CRESK BRIDGE CO. Pursuant to notice duly given and by agreement the annuel meeting of the Otter Creek Bridge Company was duly held ct the offices of Densy, Lynem, Rodick & Rodiok at Bar Harbor, Honeock County, Maine, on Tuesday, Ammast 5, A. D. 1930, at two o'clock in the afternoon, et which meeting all of the stockholders were present either in person or by proxy. Upon notion duly seconded it Tas voted to pro- ceed to the election of officers by written ballet, which this accordingly done. For Directors: A. H. Lynem, S. F. Palston and Charles 0. Heydt were unanimously elected directors. For Treasurer: Charles 0. Heydt wes unenimously elected Treasurer. For Clerk: A. E. Lynem WES unanimously elected Clerk. Upon motion it YES voted to adjourn. Clerk. A true record: Attest Clerk. DIRECTORS MEETING OTTER CREEK BRIDGE CO. Pursuant to notice duly given and by agreement the annual meeting of the Directors of the Otter Creek Bridge Company was duly held et the offices of Doney, Lynen, Rodick & Rodick at Bar Herbor, Handock County, Maine, at two thirty o'clock in the afternoon, on Tues- day, August 5, A. D. 1930. Uson motion it was voted to proceed to the election of President. Such election was accordingly hold by written bollot and S. F. Releton WGB declared unanimoutly elected president. Upon motion it tes voted to adjourn. Clerk. A true record Attest: Clerk. 26 Broadway New York August 16, 1930 Dear Mr. Lynam: Answering your letter of August 13 - I have signed and return herewith the proxy for the meeting of the Otter Creek Bridge Company. Very truly, Mr. A. H. Lynam Deasy, Lynam, Rodick & Rodick Bar Harbor, Me. August 4, 1931. Mr. Charles 0.Heydt, 26 Broadway, New York City. Dear Mr. Heyd's I am enclosing proposed recordsof meetings of the Stockholders and Directors of the Otter Creek Bridge Com- pany, together with proxy. If these minutes meet with your approval will you kindly sign the proxy and re- turn the same to me. Very truly yours, *3 26 Broadway New York August 6, 1931. Dear Mr. Lynam: Answering your letter of August 4th I approve the minutes of the meetings of the stockholders and directors of the Otter Creek Bridge Company held August 4th, and as requested have signed and return herewith the proxy enclosed. Very truly, Mr. A. H. Lynam, Bar Harbor, Maine. 26 Broadway New York July 22nd, 1932. Dear Mr. Lynam: Enclosed please find Mr. Heydt's proxy for the Annual Meeting of the Otter Creek Bridge Co. to be held at your office on Tuesday, August 2nd, 1932, for the election of officers, etc. Very truly, Mr. A. H. Lynam, Bar Harbor, Me. 26 Broadway New York June 28th, 1933 Dear Mr. Lynam: Will you please have your office send me a Balance Sheet of the Otter Creek Bridge Company as of December 31st, 1932? I am anxious to prepare in advance the new capital stock tax return as required under the recent law passed by Congress. Yours very truly, Philip Mr. A. H. I.ynam, Bar Harbor, Maine. 26 Broadway New York July 3rd, 1933 Dear Mr. Rodick: I have your letter of June 30th in reply to the Otter Creek Bridge Company. Will you please refer to the duplicate of the income tax return of the company as of December 31st, 1932 and advise me what assets and capital stock appear thereon? Yours very truly, Philip t. Rooble Mr. Serenus B. Rodick, Bar Harbor, Maine. July 5, 1933. Mr. Phili F.Keebler, 26 Broadway, New York City. Dear Mr. Keebler: Referring to the dunlicate income tax return or the Atter Creek Bridge Company, I find that the canital stock is $3,000. There are no assets. Very truly yours, June 30 , 1933 Mr. Philin F.Keebler, 26 Broadway, New York City. Dear Mr. Keebler: The following is all the information we have concerning the Otter Creek Bridge Company. This cor- poration was incorporated under the Arivate Laws (Acts and Resolves) of the State of Maine, 1889, Chanter 504. The original charter was amended by laws of Ma 'ne 1913, Chanter 102, and also further amended by Private and Special Laws of Ma ine 1927, Chanter 1, so that the charter now reads as follows:- "Dar ius Wellington, Cornelius Wellington and Eri L. Bunker, their associates and successors, are hereby in- corporated into a corporation by the name of the Otter Creek Bridge Company, for the purpose of building, erecting and maintaining through and over the tide waters between Mount Desert and Bar Harbor, in the county of Hancock, across Otter Creek, at or near Otter Creek bar, a road, or road and bridge as hereinafter specified. Said road, or road and bridge, shall be located at or near said Otter Creek bar, and general continuation thereof, from Bar Harbor to Mount Desert, in a suitable and P.F.K. 6/30/33 -2 convenient place, and said road, or road and bridge, shall be built of earth, stone, wood or other good material, and of not more than four rods in width, and said company may build, erect and maintain such niers, abutments and other structures, as it may deem necessary in the premises, within and without said four rod limit. The canital stock of said company shall be three thousand dollars, which may be increased to nine thou- sand dollars by a vote of said company, and said stock shall be divided into shares of ten dollars each. Said company, for all its said purposes, may hold real and personal estate sufficient, necessary and con- venient therefor. Said company may issue its bonds for the con- struction of its works, maintenance or operation of the same, of any or all kinds, upon such rates and terms as it may deem expedient, not exceeding the sum of nine thousand dollars, and secure the same by mortgage of any property and franchise of the company. Any person who shal wilfully injure any of the property of said company, shall be liable to said company for three times the amount of the actual damage to be recovered in any proper action. The first meeting of said company may be called by a written notice thereof signed by any one corporator, served upon each corporator by giving him the same in hand, P.F.K. 6/30/33 -3 or by leaving the same at his last usual place of abode, at least seven days before the time of meeting. Amend. The organization of said corporation and the transfer of stock in the same by assignment from Caroline Wellington and Louise W.Peaslee, heirs of Cornelius Wel- lington,one of the corporators named in said act, and the holding of said stock, by the Otter Creek Realty Company a corporation existing under the law of Maine and located at said Otter Creek, are hereby authorized and made valid." The company was originally incorporated for three thousand dollars, and might be increased to nine thousand by vote of the company. The stock was to be divided into shares of ten dollars each. The record books of the corporation show that the officers elected August 2, 1932, are: President, S. F .Ralston; Treasurer, Charles 0. Heydt; Clerk, A.H.Lynam. The directors are S.F.Rolston, Charles O. Heydt, and A. H. Lynam. The stock book shovs the following: A.H.Lynam 1 share Cert. No.6 S.f.Ralston 1 n F 7 Charles 0 ,Heydt 1 n n 8 297 " n 9 It is possible that Mr. Heydt may have some balance sheet but this is doubtful as the corporation so far as I know, since the above stockholders have been in control, has done no business whatever. Very truly yours, 26 Broadway New York of July 7th, 1933 Dear Mr. Rodick: In connection with the Otter Creek Bridge Company, will you please give me the date the company was in- corporated, the names of the officers and the par value, if any, of the capital stock? Yours very truly, Mr. Serenus B. Rodick, Bar Harbor, Maine July 10, 1933. Mr. Philip F.Keebler, 26 Broadway, New York City. Dear Mr. Keebler: The Otter Creek Bridge Company was incor- porated March 5, 1889. The officers of the Corpora- tion are: President, S.F.Ralston Treasurer, Charles O. Heydt Clerk, A.H.Lynam The directors of the corporation are S. F. Ralstn, Charles 0. Heylt and A.H.Lynam. The par value of the stock is ten dollars. very truly yours, July 28, 1933. Mr. Philip F.Keebler, 26 Broadway, New York City. Dear Mr. Keebler: I am enclosing form or 1933 return of capital stock. This form was sent to me in connection with the Otter Creek Bridge Company. Very truly yours, DEPARTMENT OF THE INTERIOR NATIONAL PARK SERVICE LAFAYETTE NATIONAL PARK BAR HARBOR, MAINE OFFICE OF THE SUPERINTENDENT January 18, 1927. Mr. George B. Dorr, Somerset Club, Boston, Mass. Dear Mr. Dorr: Nothing has arisen in Augusta as yet affecting the reservation or other matters that you are interested in. I was in Augusta for the purpose of looking after the bill to amend the Otter Creek Bridge Company charter. We are keeping track of the matters there and will undoubtedly learn of anything affecting your interests. With reference to the Schoodic Head matter and its conveyance to the Government I have discussed it with Serenus and while it is almost impossible to give an estimate of the actual expense in title work, not knowing what might develop, we feel that it will cost at least $100. and probably some more. If the Winter Harbor subscribers would raise a fund of $200. we feel that we could. complete the work back forty years without exceeding it and probably could do it under that. We will as rapddly as possible get everything ready for the copyist. Yours very truly, COPY Eugene Kale Hannibale Hamlin Law Officesat EllsworthandBarHarbor HenryN HaHall Maine. Hale &Homlin, Ellsworthy Me Dec. 18, 1925. Hon. John A. Peters, In Re Judge U. S. Court, Otter Creek Bridge Co. Ellsworth, Maine. Dear Judge: Since you left Ellsworth I received letter from Brother A. H. Lynam forwarding me five papers in a way connected with the last meetings of the stockholders of the Otter Creek Bridge Co. The records of the stockholders meetings held Aug. 4, 11, and Sept. 15, 1914 have been written up and signed by me. The signature of the magistrate taking your oath should be inserted in these records at top of page 54 for completion of same. I am this day leaving at your office, - (1) Book containing stockholders and directors records of the Co. (2) Stock book of the Co. (3) Seal of the Co. (4) Assignment from Caroline Wellington and Louise W. Peaslee to John A. Peters of Certificate No. 4 and 5 of the stock of the Otter Creek Bridge Company, together with certificate No. 4. (5) Agreement to hold the Otter Creek Bridge Company harmless by reason of issuing of a certificate in the place of No. 5, lost. (6) Proxy from George L. Stebbins and Merritt T. Ober, Direc- tors of the Seal Harbor Realty Company to John A. Peters: (7) Proxy from Edward K. Dunham and Tracy Dows, Directors #2 of the Seal Harbor Realty Company to John A. Peters, proxies to vote at meeting held August 4, 1914 and adjournment thereof; (8) Assignment Eri L. Bunker to Merritt T. Ober, certificate No. 3 of said Bridge Company. The above named proxies, Nos. (6) and (7) have been noted as filed by me as Clerk of the Company at opening of the adjourned meeting Sept. 15, 1914. No. (8) has been also noted by me as Clerk as filed in accordance with vote passed at the meeting. Am also leaving with above papers at your office, certificate No. 1 for one share of stock in the Company issued in my name and by me assigned to the Seal Harbor Realty Company as requested under date of Dec. 16, 1925. I think this completes matters so far as anything is desired of me in connection with matters of the Otter Creek Bridge Co. If anything further is wanted, kindly let me know. Am sending a copy of this letter to Brother A. H. Lynam, Bar Harbor, Maine, so that he may know all the foregoing books and papers etc. are now with you, Very truly yours, (sgd) Hannibal E. Hamlin HEH:DMC. 26 Broadway New York December 17th, 1927. Dear Mr. Lynam: Answering your letter of December 15th regarding the Income Tax Return for the Otter Creek Bridge Company, will you not have the tax return prepared and sent to us for review. Very truly, H. Lynam, Bar Harbor, Me. Form 1120 Page 1 of Return U. S. INTERNAL REVENUE CORPORATION INCOME TAX RETURN (Auditor's Stamp) File For Calendar Year 1926 Code File This Return with the Collector of Internal Revenue for Your District on or Before March 15, 1927 Serial Number (Cashier's Stamp) PRINT PLAINLY CORPORATION'S NAME AND BUSINESS ADDRESS Other Creek Budge (Name) Company (Street and Number) Ban H me Cash Check M.O. Cert. of Ind. First Payment (Post office and State) Date of Incorporation 1889 $ Carded Under the Laws of what State Country Maine As or KIND OF BUSINESS IS THIS A CONSOLIDATED RETURN? item and Instruction No. GROSS INCOME 1. Gross Sales from Trading or Manufacturing, Less Returns and Allowances None no business now being canued on 2. Less Cost of Goods Sold: (c) Inventory at beginning of year $ (b) Merchandise bought for sale, (c) Cost of manufacturing or otherwise producing goods (From Schedule A) (d) Total of lines (a), (b), and (c) $ (e) Less inventory at end of year 3. Gross Profit from Trading or Manufacturing (Item 1 minus Item 2) 4. Gross Profit from Operations Other Than Trading or Manufacturing. (State source of income): (a) (b) (c) 5. Interest on Bank Deposits, Notes, Mortgages, and Corporation Bonds 6. Rents. 7. Royalties 8. Profit from Sale of Real Estate, Stocks, Bonds, and other Capital Assets (From Schedule E) 9. Dividends on Stock of Domestic Corporations 10. Other Income (including dividends received on stock of foreign corporations). (State nature of income): (c) (b) (c) none 11. TOTAL INCOME IN ITEMS 3 TO 10 DEDUCTIONS 12. Compensation of Officers (From Schedule C) $ 13. Rent on Business Property 14. Repairs (From Schedule D) 15. Interest 10. Taxes (From Schedule E) 17. Losses by Fire, Storm, etc. (From Schedule F) 18. Bad Debts (From Schedule C.) 10. Dividends (From Schedule II) 20. Depreciation (resulting from exhaustion, wear and tear, or obsolescence) (From Schedule I) 21. Depletion of Mines, Oil and Gas Wells, Timber, etc. (Submit schedule, see Instruction 21) 22. Other Deductions Not Reported Above. (Explain below, or on separate sheet): (a) Salaries and wages. (Not included in Item 2, 12, or 14 above) (b) Net Loss for prior year. (Submit schedute) (c) (d) (e) (f) none 23. TOTAL DEDUCTIONS IN ITEMS 12 TO 22 $ 24. NET INCOME (Item 11 minus Item 23) S COMPUTATION OF TAX 25. Net Income (Item 24 above) $ none 28. Income Tax (13 % of Item 27) $ 26. Less Credit of $2,000 (for a domestic corporation having a 29. If the Net Income of a Domestic Corporation is Less Than net income of less than $25,270) $25,270, Enter the Amount in Excess of $25,000. 27. Balance (Item 25 minus Item 26) $ 30. Total Tax (Item 23 plus Item 29) $ none 31. Less: Income Tax Paid at Source. (This credit can only be allowed to a nonresident foreign corporation) 32. Income and Profits Taxes Paid to a Foreign Country or to a Possession of the United States by a domestic corporation 33. Balance of Tax (Item 30 minus Items 31 and 32) $ An amended return must be marked "Amended" at top of return Checks and drafts will be accepted only if payable at par 2-14037 Page 4 of Return SCHEDULE L-RECONCILIATION OF NET INCOME AND ANALYSIS OF CHANGES IN SURPLUS 13. Unallowable deductions: 1. Net income from Item 24, page of the return $ (a) Donations, gratuities, and contributions $ 2. Nontaxable income: (b) Income and profits taxes paid to the United States. and so much (a) Interest on obligations of a State, Territory, or any political sub- of such taxes paid to its possessions or foreign countries as are division thereof. or the District of Columbia claimed as credit in Item 32, page of the return (b) Interest on securities issued under the Federal Farm Loan Act, or under such Act as amended (c) Federal taxes paid on tax-free covenant bonds. (d) Special improvement taxes tending to increase the value of the (c) Interest on obligations of the United States or its possessions property assessed (d) Dividends deductible under Section 234(a) 6 of the Revenue Act (e) Furniture and fixtures, additions, or betterments treated as ex- of 1926 penses on the books (e) Proceeds of life insurance policies paid upon the desth of the insured (f) Replacements and renewals. (f) Other items of nontexable income (to be detailed): (g) Insurance premiums paid on the life of any officer or employee (1) where the corporation is directly or indirectly a beneficiary (h) Interest on indebtedness incurred or continued to purchase or (2) carry obligations or securities the interest upon which is wholly exempt from taxation. (3) (f) Additions to reserve for bad debts which are not included in Item 18, page of return 3. Charges against reserve for bad debts, it Item 18, page of return, is not (5) Additions to reserves for contingencies, etc. (to be detailed): an addition to reserve (1) 4. Charges against reserves for contingencies, etc. (to bo detailed): (2) (a) (3) (b) (k) Other unallowable deductions (to be detailed): (c) (1) 5. Total of Lines 1 to 4, inclusive $ (2) 6. Total from Line 14 (3) 7. Net profit for year as shown by books, before any adjustments are made 14. Total of Line 13 $ therein (Line 5 minus Line 6) 15. Dividends paid during the tarable year (state whether paid in cash, stock of the corporation, or other property): 8. Surplus and undivided profits as shown by balance sheet at close of (a) Date paid Character 5 preceding taxable year. (b) Date paid Character 9. Other credits to surplus (to be detailed): (c) Date paid Character (a) (d) Date paid Character (b) 16. Other debits to surplus (to be detailed) (c) (a) 10. Total of Lines 7 to 9, inclusive $ (b) 11, Total from Line 17 (c) 12. Surplus and undivided profits as shown by balance sheet at close of taxable year (Line 10 minns Line 11) $ 17. Total of Lines 15 and 16 $ QUESTIONS KIND OF BUSINESS (b) Did substantially the same conditions, as are set out in the Affiliations Schedules filed for 1925 or prior years, obtain during the entire taxable year 1. By means of the key letters given below, identify the corporation's main income-producing activity with one of the general classes, and follow this by a special 1926? If the answer to this question is "no," a statement, setting forth description of the business sufficient to give the information called for under each the particulars in which the situation has changed, should be attached to and made a general class. part of this return. If there have been substantial changes in stockholdings, a A.-Agriculture and related industries, including fishing, logging, ice harvesting, complete schedule of such changes should be submitted on Form 853, Affiliations etc., and also the leasing of such property. State the product or products. B.- Schedule 3. If there are companies other than those covered by the Affiliations Mining and quarrying, including gas and oil wells, and also the leasing of such prop- Schedules for prior years which, applying the tests contained in questions 4, 5, or 6, may erty. State the product or products. C.-Manufacturing. State the product and have come into the affiliated group since 1925, Forms 851, 852, 853, and 853A, are also the material if not implied by the name of the product. D.-Construction- required for the entire group for the taxable year. excavations, buildings, bridges, railroads, ships, etc., also equipping and installing (c) Did the corporation file a consolidated return for the preceding taxable same with systems, devices, or machinery, without their manufacture. State nature of structures built, materials used, or kind of installations. E1.-Transportation- year? rail, water, local, etc. State the kind and special product transported, if any. E2.-Public utilities-gas (natural, coal, or water); electric light or power (hydro or PREDECESSOR BUSINESS steam generated); heating (steam or hot water); telephone; waterworks or power. E3.-Storage- without trading or profit from (elevators, warehouses, stock- 8. Did the corporation file a return under the same name for the preceding tax- yards, etc.). State product stored. E4.-Leasing transportation or utilities. State able year? If not, was the corporation in any way an outgrowth, kind of property. -Trading in goods bought and not produced by the trading result, continuation, or reorganization of a business or businesses in existence during concern. State manner of trade, whether wholesale, retail, or commission, and product handled. Sales with storage with profit primarily from sales. G.-Service-domes this or the preceding taxable year? If answer is "yes," give name and tic, including hotels, restaurants, etc.; amusements; other professional, personal, or address of each predecessor business. technical service. State the service. H.-Finance, including banking, real estate, insurance. I.-Concerns not falling in above classes (a) because of combining several of them with no predominant business, or (b) for other reasons. 2. Concerns whose business involves activity failing in two or more of the above general classes, where the same product is concerned, should report business as identified with but one of the above general classes; for example, concerns in A or B which also BASIS OF RETURN transport and market their own product exclusively or mainly, should still be iden- tified with classes A or B; concerns in C (manufacturing) which own or control their 9. Is this return made on the basis of actual receipts and disbursements? source of material supply in A or B and which also transport, sell, or install their own If not, describe fully what other basis or method was used in computing net income. product exclusively or mainly, should be identified with manufacturing; concerns in D may control or own the source of supply of materials used exclusively or mainly in their constructive work; concerns in E1 or E2 may own or control the source of their material or power; concerns in F may transport or store their own merchandise, but its production would identify them with A, B, or C. 3. Answers: (a) General class (use key letter designation) (b) Main income-producing business (give specifically the information called LIST OF ATTACHED SCHEDULES for under each key letter, also whether acting as principal, or as agent 10. Enter below a list of all schedules accompanying this return, giving for each on commission; state if inactive or in liquidation) a brief title and the schedule number. The name and address of the taxpayer should be placed on each separate schedule accompanying the return. AFFILIATIONS WITH OTHER CORPORATIONS SEE INSTRUCTION 38 4. Does the corporation own 95 per cent or more of the outstanding capital stock of another domestic corporation or of other corporations? 5. Is over 95 per cent or more of your outstanding capital stock owned by another corporation? no 6. Is 95 per cent or more of your outstanding capital stock as well as 95 per cent or more of the outstanding capital stock of another corporation or of other corpora- tions owned or controlled by the same individual or partnership or by the same individuals, partnerships, or corporations in substantially the same proportion? 7. If the answer to questions 4, 5, and 6, or to any of them, is "yes," answer the following: (a) Did the corporation file Forms 851, 852, 853, and 853A for the taxable year 1922 or subsequent taxable years? If the answer to this question is "yes," these forms will not be required, except under the circumstances described in question (b). If the answer to this question is "no," and the answer to questions 4, 5, and 6, or to any of them, is "yes," procure from the Collector of Internal Rev- enue for your district Forms 851, 852, 853, and 853A, Affiliations Schedules 1, 2, 3, and 4, which shall be filled in and filed as a part of this return. If the answer to this question is "no," question (b) need not be answered. chairing AFFIDAVIT We, the undersigned, president and treasurer of the corporation for which this return is made, being severally duly sworn, each for himself deposes and says that this return, including the accompanying schedules and statements, has been examined by him and is, to the best of his knowledge and belief, a true and complete return made in good faith, for the taxable year as stated, pursuant to the Revenue Act of 1926 and the Regulations issued under authority thereof. Sworn to and subscribed before me this day of 1927 President. NOTARIAL CORPORATE REAL (Signature of officer administering oath) (Title) SEAL Treasurer PRINTING OFFICE -14037 Page 2 of Return SCHEDULE A-COST OF MANUFACTURING OR PRODUCING GOODS (See Instruction 2) ITEMS AMOUNT ITEMS AMOUNT (Enter as Item 2c) Salaries and wages $ $ Material and supplies SCHEDULE B-PROFIT FROM SALE OF REAL ESTATE, STOCKS, BONDS, ETC. (See Instruction 8) 4. DEPRECIATION 1. KIND OF PROPERTY 2. DATE ACQUIRED 3. AMOUNT RECEIVED ALLOWABLE SINCE 5. COST 6. VALUE AS OF 7. SUBSEQUENT 8. NET PROFIT ACQUISITION MARCH 1, 1913 IMPROVEMENTS (Enter as Item 8) $ $ $ $ $ $ State how property was acquired SCHEDULE C-COMPENSATION OF OFFICERS (See Instruction 12) SHARES OF STOCK OWNED 1. NAME OF OFFICER 2. OFFICIAL TITLE 3. TIME DEVOTED 6. AMOUNT OF TO BUSINESS COMPENSATION 4. Common 5. Preferred (Enter as Item 12) $ SCHEDULE D-COST OF REPAIRS (See Instruction 14) SCHEDULE E-TAXES PAID (See Instruction 16) I. ITEMS 2. AMOUNT 1. ITEMS 2. AMOUNT (Enter as Item 14) (Enter as Item 16) Salaries and wages $ $ SCHEDULE F-EXPLANATION OF LOSSES BY FIRE, STORM, ETC. (See Instruction 17) 4. VALUE AS OF 6. DEPRECIATION 1. KIND OF PROPERTY 2. DATE ACQUIRED 3. COST 5. SUBSEQUENT ALLOWABLE SINCE 7. INSURANCE AND 8. NET Loss MARCH 1, 1913 IMPROVEMENTS SALVAGE VALUE ACQUISITION (Enter as Item 17) $ $ $ $ $ $ State how property was acquired SCHEDULE G-BAD DEBTS (See Instruction 18) SCHEDULE H-DIVIDENDS DEDUCTIBLE (See Instruction 19) 2. SALES ON AMOUNT OF DIVIDENDS 1. YEAR ACCOUNT 3. BAD DEBTS 1. NAME OF CORPORATION 2. Domestic 3. Foreign 1921 $ $ $ $ 1922 1923 1924 1925 SCHEDULE I-EXPLANATION OF DEDUCTION FOR DEPRECIATION (See Instruction 20) 1. KIND OF PROPERTY 2. DATE ACQUIRED 3. AGE WHEN 4. PROBABLE LIFE 5. COST 6. VALUE AS OF AMOUNT OF DEPRECIATION CHARGED OFF (If buildings, state material of which constructed) ACQUIRED AFTER ACQUIREMENT MARCH 1, 1913 7. Previous years 8. This year $ $ $ $ Attach a separate sheet if any of the above schedules do not provide sufficient space 2-14037 Page 3 of Return SCHEDULE K-BALANCE SHEETS (See Instruction 43) BEGINNING OF TAXABLE YEAR END OF TAXABLE YEAR ITEMS Amount Total Amount Total ASSETS 1. Cash $ $ 2. Notes receivable 3. Accounts receivable $ $ Less reserve for bad debts 4. Inventories: Raw materials $ $ Work in process Finished goods Supplies 5. Investments: Obligations of a State, Territory, or any political subdivision thereof, or the District of Columbia $ $ Securities issued under the Federal Farm Loan Act, or under such Act as amended Obligations of the United States or its possessions 6. Loans (describe fully): $ $ 7. Deferred charges: Prepaid insurance $ $ Prepaid taxes 8. Capital assets: Land Buildings $ $ Machinery and equipment Furniture and fixtures Delivery equipment $ $ Less reserves for depreciation and depletion 9. Patents 10. Good will 11. Other assets (describe fully): $ $ 12. TOTAL ASSETS $ $ LIABILITIES 13. Notes payable $ $ 14. Accounts payable 15. Accrued expenses (describe fully): $ $ 16. Other liabilities (describe fully): $ $ 17. Capital stock: Preferred stock (less stock in treasury) $ $ Common stock (less stock in treasury) 3000 - 3000 - 3,000 18. Surplus $ $ 19. Undivided profits none- 20. TOTAL LIABILITIES $ $ Remarks 2 14037 STATE OF MAINE In the year of our Lord one thousand nine hundred and Twenty-seven. AN ACT to amend Chapter five hundred and four of the private and special laws of eighteen hundred eighty-nine. Be it enacted by the People of the State of Maine, as follows: Section 1. Chapter five hundred and four of the private and special laws of eighteen hundred eighty-nine is hereby amended in the first section thereof by striking out the word "Eden" in the sixth line of said section and substituting therefor the words "Bar Harbor"; by striking out the word "free" and the word "for", by adding the words "or road" in the seventh line of said section, and by striking out the word "public travel" and the words "with a draw" in the eighth line of said section, so that said section as amended, shall read as follows: "Section 1. Darious Wellington, Cornelius Wellington and Eri L. Bunker, their associates and successors, are hereby incorporated into a corporation by the name of the Otter Creek Bridge Company, for the purpose of building, erecting and main- taining through and over the tide waters between Mount Desert and Bar Harbor, in the county of Hancock, across Otter Creek, at or near Otter Creek bar, a road, or road and bridge, as here- inafter specified." Section 2. Said chapter five hundred and four of the private and special laws of eighteen hundred and eighty nine as amended by Chapter one hundred and two of the private and special laws of nineteen hundred and thirteen, is further amended in the second section thereof by inserting the words "or road" in the first line of said section; by striking out the word "Eden" in the third line of said section and substituting therefor the words "Bar Harbor"; by inserting the words "or road and bridge" after the word "road" in the fourth line of said section; by striking out the words "said bridge shall contain a draw, which shall be twenty-four feet in width in the clear and located to meet the needs of navigation at that point," in the fifth, sixth, seventh and eighth line there- of, and by striking out all of said section after the word "limit" in the tenth line thereof so that said section as amended, shall read as follows: "Section 2. Said road, or road and bridge shall be located at or near said Otter Creek bar, and general continuation thereof, from Bar Karbor to Mount Desert, in a suitable and convenei ent place, and said road, or road and bridge shall be built of earth, stone, wood or other good material, and of not more than four rods in width, and said company may build, erect and maintain such piers, abutments and other structures, as it may deem necessary in the premises, within and without said four rod limit." "Section 3. Section six of said chapter five hundred and four of the private and special laws of eighteen hundred and eighty-nine is hereby repealed." "Section 4. Section seven of said chapter five hundred and four of the private and special laws of eighteen hundred and eights nine is hereby repealed." "Section 5. Section two of said chapter one hundred and two of the private and special laws of mineteen hundred and thirteen 1: hereby repealed." this of "Section 6. No road, or road and bridge shall be constructed under this charter until permission of the War Department of the rust United States is first obtained." have - I hereby certify that on the thirteenth day of April 1926, I was duly elected clerk of the Otter Creek Bridge Company, a corporation created by an Act of the Legislature of Maine, approved March 5, 1889, and having its principal office at Ellsworth, Hancock County, Maine; that I have accepted and qualified far said office and that my residence is Bar Harbor. Hancock County, Maine. Clerk. Bar Harbor, Maine. April 13, 1926. - the starting the - PAIN when £ - will was and on In SHORTS will - . ... - - participate - So 13 14 . - SIGTE 7174 are ma Jews . and - - area let in engineering - 16 - / - of inconclusive TO have win 5025 . m) - - I sit August 4, 1934. Mr. Charles 0. Heydt, 30 Rockefeller Plaza, New York City. Dear Mr. Heydt: I am enclosing the minutes of the annual meetings of the stockholders and directors of the Otter Creek Bridge Company. If you approve these minutes will you kindly Bégn the assent, and return all the papers to me. Very truly yours, Rockefeller Center New York Room 5600 30 Rockefeller Plaza August 6th, 1934. Dear Mr. Lynam: Answering your letter of August 4th, the minutes of the annual meetings of the stockholders and directors of the Otter Creek Bridge Co. seem to me to be all right. I am wondering if it would not be wise to include in the minutes the ratification of the income tax report which Mr. Keebler makes. If you think this advisable, I will ask him to send you a copy. Very truly, Mr. A. H. Lynam, Bar Harbor, Maine. August 8, 1934. Mr. Charles 0. Heydt, 30, Rockefeller Plaza, Rocksfeller Center, New York City Dear Mr. Heydt: I have your letter of the 6th returning the ratification of the meeting of the Otter Creek Bridge Company. I think it would be well tt include in the minutes the ratification of the income tax report which Mr. Keebler has made. Will you therefore please send me a copy of this, and will you also please return the minutes which I sent you that I may change them in accordance with this suggestion. Yours very truly, are JOHN D. ROCKEFELLER. JR. SUPERINTENDENT'S OFFICE THE EYRIE. SEAL HARBOR, MAINE Aug. 6, 1934. Dear Mr. Lynem: I am enclosing the copies of the Otter Creek Bridge Co. for your seal, and you will note that they are to be addressed to Mr. Thurber Bierce, 30 Rockefeller Plaza, New York City. Yours very truly, S.g. Ralston SFR:MR P.S.: Copies of the Seal Harbor also Realty Co., no. enclosed for seal. Mr. Harry Lynam, Bar Harbor, Me.. August 8, 1934. Mr. Thurber Bierce, 30 Rock efeller Plaza, New York City Dear Mr. Bierce: I am enclosing herewith copies of the Otter Creek Bridge Company Capital Stock-Tax Return for 1934, which Mr. Ralston forwarded here for the Corporate seal and asked that I send on to you. Yours truly, OTTER CREEK BRIDGE COMPANY BY-LAWS I. The officers of the Company shall be a Board of three directors, President, Treasurer and Clerk, elected at the annual meeting of the stockholders. The President, Treasurer and Clerk SC elected shall also be President, Treasurer and Clerk for the Board of Directors. All elected officers shall serve one year or until their successors are elected except that officers first elected under these by-laws shall serve until the first Tuesday in August, A.D.1890. II. The directors shall have entire control and manage- ment of the property, affairs and business of the Company and the full powers of the Corporation shall be vested in them for the purposes of the Corporation. They shall have full power to remove all officers of the Company and fix their compensation. They shall have full power to fill vacancies in any officers of the Company including vacancies in their own Board and the person 80 chosen or elected to fill vacancies shall serve for the unexpired terms or until others are chosen or elected in their places. Especially may the directors employ such servants and agents as they see fit and fix their compensation. In all matters of the Corporation they may act with unlimited powers and do all they deem essential or advisable in carrying on the purposes of this Corporation. The full powers of the Board of directors may by them be conferred upon or delegated to any one or more of their number so far as they see fit. III. The annual meeting of the Corporation shall be held on the first Tuesday of August of each year at Bar Harbor, Eden, Maine, or such other place as the directors may appoint beginning the first Tuesday in August, A. D. 1890. IV. Special meetings of the stockholders may be called by the President at such time and place 88 he may appoint. Every call for 8 special meeting shall state the purpose of object of the meeting and no business shell be transacted at such meetings except that men- tioned in the call. V. The call or notice for the annual meeting shall be signed by the Clerk. The call or notice for the special meetings shall be signed by the President. In either case the call or notice shall be pub- lished in some public newspaper in the County of Han- - cock, Maine, at least five days before the time of meeting or else a copy of the same shall be served on each sotckholder at least five days before the time of meeting. The certificate of the person who signed the notice recorded upon the corporation records as to publication or service shall be sufficient proof of such publication or service. VI. These by-laws may be repealed, amended or added to and new by laws may be adopted by a majority vote of the stock- holders present at any annual meeting or a special meeting called for that purpose. Officers Otter Creek Bridge Co. Directors: A. H. Lynam, S. F. Ralston, Charles 0. Heydt. President: S. F. Ralston, Treasurer: Charles O. Heyat, Clerk: A. H. Lynam, Stockholders: Charles 0. Heyot 298 shares S. F. Ralston 1 share A. H. Lynam 1 share April 10. 1935. Mr. Charles 0. Heydt; 30 Rockefeller Plaza, New York City Dear Mr. Heydt: I do not find a copy of the income tax report which Mr. Keebler made in 1934 in connection with the Otter Creek Bridge Company. Would you kindly ask him if he would forward this statement to me. Mr. Lynam wrote you under date of August 8th, requesting this return. Yours very truly, 30 Rockefeller Plaza New York Room 5600 April 22nd, 1935. Dear Mr. Rodick: Answering your letter of April 11th, which apparently was mailed from Bar Harbor on April 18th and just received here, I assume it will be Mr. Rockefeller's wish to have you take Mr. Lynam's place as Clerk of the Otter Creek Bridge Co., but inasmuch as he is to be here in a few weeks, suppose we let the matter rest until he can make a personal decision. Very truly, Mr. S. B. Rodick, Bar Harbor, Maine. June 11, 1935. Mr. Cherles 0. Heydt, 30 Rockefeller Plaza, New York City Dear Mr. Heydt: I have your letter of the 8th regarding the Clerkship of the Otter Creek Bridge Company. I shall hold the special meeting referred to and shall have the stock previously held by Mr. Lynam, transferred to my name, AS soon as it is received from Mr. Richardson. Yours truly, 2098E 9LSSE / will us 'd W H no burgery mou July 15, 1935. Mr. W. S. Richardson, 30 Rockefeller Plaza, Room 5600, New York City Dear Mr. Richardson: In accordance with your letter of the 2nd I am enclosing new certificate of stock in the Otter Creek Bridge Company issued to Mr. Serenus B. Rodick, which certificate is dated July 8, 1935, is for one share of stock and is issued to take the place of the share of stock previously held by Mr. Lynam. At a meeting of the Company held July 8, Mr. Rodick was elected Clerk of the Company to take the place of Mr. Lynam. Yours very truly, Secretary. July 9, 1935. Mr. S. F. Ralston, Seal Harbor, Maine. Dear Mr. Ralston: I am enclosing herewith two calls for meeting in the Otter Creek Bridge Company which have to be signed by you as President. These meetings were called and held for the purpose of electing a new Clerk to fill the vacancy caused by Mr. Lynan's death and to change By-Law No. 1. Will you kindly sign this call that I may complete the record in the Record Book. will you also sign the enclosed certificate of stock issued to Serenus B. Rodick for one share, in order that I may send it to Mr. Rockefeller's office in New York. Yours very truly, JOHN D. ROCKEFELLER, JR. SUPERINTENDENT'S OFFICE THE EYRIE, SEAL HARBOR MAINE July 10, 1935. Dear Mr. Rodick: I am enclosing the meeting call, also stock issued to you, duly signed. Yours very truly, S.F. Ralston SFR:MR MF: Serenus Rodick, Bar Harbor, Me.. 30 Rockefeller Plaza New York Room 5600 July 2, 1935. Mr. Serenus B. Rodick, Bar Harbor, Maine. Dear Mr. Rodick: As requested by Mr. Charles O. Heydt, of our office, I sent you on June 10, 1935, by regis- tered mail, certificate No. 6 for one share of the capital stock of the Otter Creek Bridge Company, owned by Mr. John D. Rockefeller, Jr. standing in the name of A. H. Lynam, and endorsed by him in blank. This was to be transferred to your name, and the new certificate returned to me. I have not as yet received this certificate. Yours very truly, Rockefeller Center New York Room 5600 30 Rockefeller Plaza June 10, 1935. Mr. Serenus B. Rodick, Bar Harbor, Maine. Dear Mr. Rodick: As requested by Mr. Charles 0. Heydt, of our office, I am sending you herewith certificate No. 6 for 1 share of the capital stock, of Otter Creek Bridge Company, standing in the name of A. H. Lynam, and endorsed by him in blank. This stock is owned by Mr. John D. Rockefeller, Jr., Please have it transferred to your name and return the new certificate to me. Kindly acknowledge receipt. Very truly, Rockefeller Center New York Room 5600 30 Rockefeller Plaza June 8th, 1935. Dear Mr. Rodick: I had occasion to speak to Mr. Rockefeller about the Clerkship of the Otter Creek and of course he will be glad to have you take Mr. Lynam's place. I am enclosing my proxies as a Director and Stockholder for the special meetings which you are proposing tohold for your election. I am asking Mr.Richardson of our office to send you the certificate of stock in Mr. Lynam's name so that it may be transferred to your name. Very truly, 120 Mr. S.B.Rodick, Bar Harbor, Me. ONC in April 11, 1935. Nr. Charles 0. Heydt, 30 Rockefeller Plaza, New York City. Dear Mr. Heydt: In cur going over the record books here in our office, I find that Mr. Lynam was the Clerk of the Otter Creek Bridge Company. If you wish me to act in Mr. Lynam's stead will you kindly forward the cor- tificate of stock, showing that he was the holder of one share, that I may transfer it into my name. I believe this Certificate was forwarded to you on or about April 22nd, 1926, and it is Certificate No. 6. I am enclosing calls for special meetings t of the Directors and Stockholders of the Company, to- gether with records of the meetings for your approval. Very truly yours, NOTICE OF MEETING A special meeting of the directors of the Otter Creek Bridge Company will be held at the office of Deesy, Lynam, Rodisk * Rodick at Bar Herbor, Hanoouk County, Meine, at o'slook in the uson, on 1935, for the purpose of electing e new clerk. President KNDW ALL MEN BY THESE PRESENTS, THAT I, Charles O. Heydt, 6 director of the OTTER CREEK BRIDGE COMPANY, do hereby appoint S. F.Halston my true and lowful attorney, with power of substitution for me and in my name to vote as my prozy at the special meeting of the directors of said Corporation to be held at Bar Harbor, Maine, on the dey of 1935, or at any adjournment thereof, with all powers which I should possess if personally present. Witness my hend and seel this day of A. 1935. NOTICE OF MEETING A special meeting of the Stockholders of the Otter Creek Bridge Company will be held at the offices of Deas, Lynam, Rodick & Rodick at Bar Harbor, Hancook County, Maine, at o'clock in the noon, on the day of A.D. 1935, for the purpose of electing a new clerk, and to amend By-Lew No.1, end to transact such other business 0 B may legally come before the meeting. President. July 28, 1936. Mr. S. F. Ralston, Seal Harbor, Maine. Doar Mr. Ralston: Enclosed herewith please find notice of annual meeting of the Otter Creek Bridge Company which is to be held on August 4th, 1936. Time is no special business to be transacted at the meeting and the usual election of officers will be made and the proper records made in the book without the necessity of your coming over here for it. Yours very truly, Rockefeller Center New York Other check Bedge do Room 5600 30 Rockefeller Plaza 303 September 10, 1935 145 Dear Mr. Rodick: Can you tell me whether the Bar Harbor Yacht Club is still in existence? Mr. Rockefeller owns one share of stock in it and of course would like to get it off his books if it is not in existence. He also owns three hundred shares in the Otter Creek Bridge Company and wonders what you know about this. Probably they should be turned over to the Govern- ment. The value carried on his books is $62.85. Sincerely yours, Jame m. warfield Serenus B. Rodick, Esq. Bar Harbor Maine September 13, 1935. Mr. John D. Rockefeller, Jr., The Eyrie, Seal Harbor, ingine. Dear Mr. Rockefeller: The Bar Harbor Yacht Club is still in existence although I believe the stock has no value. The Otter Creek Bridge Company is also still in existence, having been kept alive for the purpose of having the right to construct the bridge over Otter Creek. Now that this is going to be taken over by the Government, I see no reason why this corporation could not be dissolved. Yours very truly, x The Eyrie Seal Harbor, Maine August 3, 1936 Dear Mr. Rodick: Referring to your letter of July 28th to Mr. Heydt, it is understood that the meeting of the Otter Creek Bridge Company will be held on Tuesday, August 4th, as usual and that the Company will be kept alive for another year, or pending the earlier commencement by the federal govern- ment of work on the proposed Otter Creek Causeway. Very truly, John Mr. Serenus B. Rodick Bar Harbor Maine August 5, 1936. Mr. Charles Oo Heydt, 30 Rockefeller Plaza, New York City Dear Mr. Heydt: The meeting of the Otter Creek Bridge Company was held August 4th, at which meeting Mr. Ralston was elected President and you were elected Treasurer. Mr. Rockefeller handed me the proxy signed by you, and in my talk with him about this, I understand the intention is to keep the Bridge Company alice at least until such time as the construction of the new bridge is begun. Yours very truly, August 2, 1937. Mr. Charles 0. Hoydt, 30 Rockefeller Plaze, New York City Dear Mr. Heydt: Enclosed herewith please find notico of the annual meeting of the Otter Creek Bridge Company, together with proxy to be signed by you to cover the meeting. This is only a matter of making the record book complete, 80 if you will sign the proxy and return it to mo I shall include it in the records. Yours very truly, 30 Rockefeller Plaza New York Room 5600 July 19, 1938 Dear Mr. Rodick: Ina smuch as all of the property of the Otter Creek Bridge Company has been transferred to the Government under date of January 24, 1938, will you please proceed with the dissolution of the company, unless you think there is an advantage in keeping it alive. I have discussed the matter with Mr. Debevoise, and he agrees with the above recommendation. Yours very truly, Philip x keele Mr. Serenus B. Rodick, Bar Harbor, Maine. 2/10 August 1, 1938. Mr. Philip F. Keebler, 39 Rockefeller Plaza, New York City Dear Mr. Keebler: I have your letter of the 19th and will go ahead with the dissolution of the Otter creek Bridge Company, since I see no advantage in keeping it alive. Yours very truly, September 10, 1938. Mr. John D. Rockefeller, Jro, Seal Harbor, Maine. Doar Mr. Rockefeller: I wish to acknowledge receipt` of your letter of September 9th enclosing various papers in connection with the Ottor Creek Bridge Company. This Corporation is going to be dissolved but I feel that until it is dissolved, and possibly for a short time thereafter, these papers should be kept by me, and then if there is no controversy they can be destroyed. Yours very truly, The Eyrie Seal Harbor, Maine September 9, 1938 Dear Mr. Rodick: The enclosed correspondence about the Otter Creek Bridge Company I was about to destroy but thought I had better ask whether you approved. Is the Company entirely dead and is there any chance of these papers ever being of value? You may think it best to keep the file until the park road has been completed and then destroy it. Please advise me at your convenience. Very truly, John D. Rochefeller, J. Mr. Serenus B. Rodick Bar Harbor Maine S.H. 1938 To desl hey Mr Rodrell shall we Endian Other Creek snlet Bridge RUIS Call May / '37 s.H to active Gued destroy ress Bridge - Co 3d OFFICE OF ask m Rodrick JOHN c. ROCKEPELLER JR. August 3, 1956 m. Dear Mr. Rodick: Referring to your letter of July 25th to Mr. Heydt, it is understood that the meeting of the Otter Creek Bridge Company will be held on Tuesday, August 4th, as usual and that the Company will be kept alive for another year, or pending the earlier commencement by the federal govern- ment of work on the proposed Otter Creek Causeway. Very truly, JOHN B. COCKETFILER JR. SEAL BARCO : ME. Mr. Serenus B. Rodick Bar Harbor Maine anh 6 l 1 4. 2 Rodich LAW OFFICES ALBERT H. LYNAM. 1895 1934 DEASY, LYNAM, RODICK & RODICK DAVID O. RODICK SERENUS RODICK BAR HARBOR BANKING & TRUST BUILDING BAR HARBOR, MAINE February 4, 1936. Mr. John D. Rockefeller, Jr., The Ritz-Carlton, Boston, Mass. Dear Mr. Rockefeller: Enclosed herewith please find copy of incorporation of the Otter Creek Bridge Company and copy of the amendment to its charter. This corporation was authorized by the special laws of 1889 and was amended by Chapter 102 of the private and special laws of 1913. The type of bridge that the Bridge Company is authorized to build is not the kind which I have been led to believe is to be built across the creek. It would seem therefore necessary that the charter of the Bridge Company would have to be amended either at a special session of the Legislature if we should have one, or at the regular session next January. While the special act of the 74th Congress authorized the transfer of Otter Creek radio station to the Park, had a section added which reads as follows, "Sec. 2. That the Secretary of the Interior be, and he is hereby, authorized to construct or cause to be constructed in connection with and as a part of the road system of the Acadia National Park, a bridge or causeway and approaches thereto across the inlet or bay lying between the Otter Cliffs and the Black Woods, in the State of Maine, at a point which he may designate as most suitable to the interests of the Federal Government.' DEASY, LYNAM, RODICK & RODICK J.D.R.Jr. 2/4/36 -2- I do not believe the Secretary of the Interior would have the power to build or authorize the building of this bridge without the consent of the State. I have taken the liberty of forwarding a copy of this letter with the enclosures to Mr. Debevoise in order that he may have the matter for study and possibly hasten matters. If it is necessary to get special permission of the Legislature for the building of this bridge by amending the charter, it will be necessary that we have fairly accurate dimensions of the bridge and the specifications in order that they may be properly incorporated in the act, then when the bridge is built it would have to conform to whatever was granted by the Legislature. Yours very truly, CHAPTER 102 An Act to Amend Chapter Five Hundred and Four of the Private and Special Laws of Eighteen Hundred Eighty-nine, Incorporating the Otter Creek Bridge Company. Be it enacted by the People of the State of Maine, as follows: Section 1. Chapter five hundred and four of the private and special laws of eighteen hundred eighty-nine is hereby amended in the second section thereof by striking out the words "thirty-five" in the sixth line of said section and substituting therefor the words "twenty-four" and by striking out the words "thirty-five" in the thir- teenth line thereof and substituting the words "twenty- four" so that said section as amended shall read as follows: 'Section 2. Said road and bridges shall be located at or near said Otter Creek Bar, and general continuation thereof from Eden to Mount Desert in a suitable and con- venient place, and said road shall be built of earth, stone, wood or other good material, and of not more than four rods in width. Said bridge shall contain a draw, which shall be twenty-four feet in width, in the clear, and located to meet the needs of navigation at that point, and said company may build, erect and maintain such piers, abutments and other structures, as it may deem necessary in the premises, within and without said four rodilimit. Said company is to SO construct said bridge that there shall always be one hundred feet in the clear, including said twenty-four feet of draw, for the unobstructed influx and efflux of tide.' . Section 2. The towns of Eden and Mt. Desert or either of them are hereby authorized to contribute such sums toward the cost of construction of said road and bridge as they may vote to contribute at any legal meeting of the inhabitants thereof. Section 3. The organization of said corporation and the transfer of stock in the same by assignment from Caroline Wellington and Louise W. Peaslee, heirs of Cornelius Welling- - ton, one of the corporators named in said act, and the holding of said stock, by the Otter Creek Realty Company, a corporation existing under the law of Maine and located at said Otter Creek, are hereby authorized and made valid. Approved March 14, 1913. CHAPTER 504. An Act to incorporate the Otter Creek Bridge Company. Be it enacted by the Senate and House of Representa- tives in Legislature assembled, as follows: Sect. l. Darius Wellington, Cornelius Wellington and Eri L. Bunker, their associates and successors, are hereby incorporated into a corporation by the name of the Otter Creek Bridge Company, for the purpose of building, erecting and maintaining through and over the tide waters between Mount Desert and Eden in the county of Hancock, across Otter Creek, at or near Otter Creek bar, a free road and bridge for public travel, with a draw, as herenafter spec- ified. Sect. 2. Said road and bridge shall be located at or near said Otter creek bar, and general continuation thereof, from Eden to mount Desert, in a suitable and convenient place, and said road shall be built of earth, stone, wood or other good material, and of not more than four rods in width, Said bridge shall contain a draw, which shall be thirty-five feet in width, in the clear, and located to meet the needs of navigation at that point, and said company may build, erect and maintain such piers, abutments and other structures, as it may deem necessary in the premises, within and without said four rod limit. Said company is to SO construct said bridge that there shall always be one hundred feet in the clear, including said thirty-five feet of draw, for the unobstructed influx and efflux of tide. Sect. 3. The capital stock of said company shall be three thousand dollars, which may be increased to nine thousand dollars by a vote of said company, and said stock shall be divided into shares of ten dollars each. Sect. 4. Said company, for all its said purposes, may hold real and personal estate sufficient, necessary and convenient therefor. Sect. 5. Said company may issue its bonds for the con- struction of its works, maintenance or operation of the same, of any or all kinds, upon such rates and terms as it may deem expedient, not exceeding the sum of nine thousand dollars, and secure the same by mortgage of any property and franchise of the company. Sect. 6. Said towns of Eden and Mount Desert in the county of Hancock, or either of them are hereby empowered to purchase stock in said company at any time with all rights of such stockholders therein, provided, the inhabitants of said town or towns shall by a majority vote of those present at a legal meeting, authorize the same. Sect. 7. Said towns of Eden and Mount Desert are each hereby empowered to purchase SO much of the property of said company as may be situated within the respective limits of each, with all rights and franchises of the company con- nected therewith, provided, the inhabitants of said town or towns shall by a majority vote of those present at a legal meeting, authorize the same. Sect. 8. Any person who shall wilfully injure any of the property of said company, shall be liable to said company, for three times the amount of the actual damage to be recovered in any proper action. Sect. e 9. . The first meeting of said company may be called by a written notice thereof signed by any one corpora- tor, served upon each corporator by giving him the same in hand, or by leaving the same at his last usual place of abode, at least seven days before the time of meeting. Sect. 10. This act shall take effect when approved. Approved March 5, 1889. my SVP.136 OFFICE OF JOHN D. ROCKSFELLER JR. Codicte Call upto destroy Str octer Creek May 1937 budge June 20, 1936 Dear Mr. Cammerer Thank you for your letter of June 18th and your telegram of the same date. I appreciate greatly your writing me such full details about these various matters and am delighted about the decision which the Solicitor has readhed. I am sorry not to see you before sailing to- night and thank you for your good wishes to Mrs. Rocke- feiler and me for our journey. We shall be thinking of you when you are at Willie Myert' in the Great Smokies and will be glad to have you give our cordial remembrances to him and his wife. I greatly appreciated your card from Mexico City some weeks ago. Very sincerely, JOHN D. ROCKEFELLER. JR. w Mr. Arno B. Cammerer, Director National Park Service Washington, D. C. 6/19/36 middom thought you'd life see it before it gres to me R g Rus UNITED STATES DEPARTMENT OF THE INTERIOR NATIONAL PARK SERVICE WASHINGTON OFFICE OF THE DIRECTOR June 18, 1936. Private and Confidential: Mr. John D. Rockefeller, Jr., Room 5600, 30 Rockefeller Plaza, Rockefeller Center, New York City, N.Y. My dear Mr. Rockefeller: I wired you this afternoon concerning the attached opinion just received from the Office of the Solicitor regarding the construction of a bridge or causeway across the Otter Cliffs inlet. It was called to our attention, however, as you will see from the last paragraph, that the operation may not lawfully proceed until plans for the struc- ture shall have been approved by the Chief of Engineers and the Secre- tary of War, although construction must begin no later than August 26, 1936. It appears that a legislative provision, which we did not know about, limits the consent given by Congress to one year after the act is signed by the President within which plans may be approved; 80 we are now asking the Bureau of Public Roads to expedite plans, at least in a preliminary form, to comply with this provision of the law. We are pushing this in every way possible. I regret that due to your leaving for a five weeks visit to Europe I will not be able to see you in New York next week. I had planned at that time to review the situation and bring you up to date and also get any suggestions that you would like to make to me personally. However, my preceding correspondence with you has kept you pretty well informed and Mr. Vint has been on the job expediting plans for the roadway con- struction so that when the funds are in hand from the appropriations still pending in Congress we may proceed as quickly as possible on the various sections of the road. I hope Mrs. Rockefeller and you will have a most delightful visit to Europe. I am planning to be in the Great Smokies the second week of July and will spend a night at Willie Myers' place where Mrs. Rockefeller and you enjoyed your chicken dinner so much; I shall be thinking of you at that time. With warm regards. Am Bammum Sincerely yours, Arno B. Cammerer, Director Enclosure 893358 THE COMPANY WILL APPRECIATE SUGGESTIONS FROM ITS PATRONS CONCERNING ITS SERVICE 1201-S CLASS OF SERVICE This is a full-rate WESTE RN SYMBOLS DL = Day Letter Telegram or Cable- NM = Night Message gram unless its de- ferred character is in- dicated by a suitable symbol above or pre- UNION (22). NL = Night Letter LC = Deferred Cable NLT = Cable Night Letter ceding the address. R. B. WHITE NEWCOMB CARLTON J. C. WILLEVER CHAIRMAN OF THE BOARD Ship Radiogram PRESIDENT FIRST VICE-PRESIDENT The filing time shown in the date line on telegrams and day letters is STANDARD TIME at point of origin. Time of receipt is STANDARD TIME at point of destination. Received at 30 Rockefeller Plaza, New York, N. Y. 18 PM 4 25 NAY281 63 GOVT=F WASHINGTON DC 18 403P JOHN D ROCKE FELLER JR= 30 ROCKE FELLER PLAZA ROCKEFELLER CENTER= DEPARTMENT SOLICITORS OPINION RECEIVED TODAY HOLDING THAT CONSENT STATE MAINE NOT PREREQUISITE TO LAWFUL CONSTRUCTIO PROPOSED CAUSEWAY ACROSS INLET OTTERCLIFF AND BLACKWOODS STOP HE ADDS HOWEVER OPERATION MAY NOT LAWFULLY PROCEED UNTIL PLANS FOR STRUCTURE APPROVED BY CHIEF OF ENGINEERS AND SECRETARY OF WAR AND CONSTRUCTION MUST BEGIN BY AUGUST TWENTY SIXTH THIS YEAR STOP PLANS BEING SUBMITTED FOR WAR DEPARTMENTS APPROVAL TODAY= CAMMERER DIRECTOR NATIONAL PARK SERVICE. Ph.Rolick NO ADDITIONAL CHARGE IS MADE FOR REQUESTING A REPLY BY WESTERN UNION 1-038a ENCLOSURE 893358 DEPARTMENT OF THE INTERIOR G P O 6--6945 UNITED STATES DEPARTMENT OF THE INTERIOR Office of the Solicitor Washington M. 28520. June 16, 1936 The Honorable The Secretary of the Interior. My dear Mr. Secretary: My opinion has been requested concerning the necessity of obtain- ing (1) the approval of the State of Maine, and (2) the approval of the War Department as prerequisites to the proposed construction of a bridge or causeway by this Department across an inlet lying between Otter Cliffs and the Black Woods in the State of Maine. The under taking has been expressly authorized in section 2 of the act of August 24, 1935 (49 Stat. 795), where it is provided: "That the Secretary of the Interior be, and he is hereby, authorized to construct or cause to be constructed in connection with and as a part of the road system of the Acadia National Park, a bridge or causeway and approaches thereto across the inlet or bay lying between the Otter Cliffs and the Black Woods, in the State of Maine, at a point which he may designate as most suitable to the interests of the Federal Government." Also material, if the inlet is navigable water of the United States, are the following general enactments of Congress concerning the build- ing of structures in or over such waters: "It shall not be lawful to construct or commence the construction of any bridge, dam, dike, or causeway over or in any port, roadstead, haven, harbor, canal, navigable river, or other navigable water of the United States until the consent of Congress to the building of such structures shall have been obtained and until the M. 28520. plans for the same shall have been submitted to and ap- proved by the Chief of Engineers and by the Secretary of War: Provided, That such structures may be built under authority of the legislature of a State across rivers and other waterways the navigable portions of which lie wholly within the limits of a single State, provided the location and plans thereof are submitted to and approved by the Chief of Engineers and by the Secretary of War be- fore construction is commenced. * * * * * "The creation of any obstruction not affirmatively authorized by Congress, to the navigable capacity of any of the waters of the United States is hereby prohibited. (Secs. 9, 10, act of March 3, 1899, 30 Stat. 1151; U. S. Code, Tits 33, secs. 401, 403.) It becomes necessary at the outset to determine whether the body of water here in question is "navigable water of the United States = The cases are agreed in the general statement that streams and other bodies "constitute navigable waters of the United States within the meaning of the acts of Congress, in contradistinction from the navigable water of the States, when they form in their ordinary condition by themselves, or by uniting with other waters, a continued highway over which commerce is or may be carried on with other States or foreign countries in the customary modes * II See The Daniel Ball, 10 Wall. 557, 563 (1870); Miller V. Mayor of New York, 109 U. S. 385, 395 (1883). Otter Creek Inlet, the body of water to be spanned in this case, is a tidal arm of the sea. The record reveals findings that the inlet is navigable water and the present submission states that such is the fact. It appears 2 M. 28520. that the inlet is capable of use, and is in fact used, as a means of passage to the sea by fishing vessels and other craft. It is true that this body of water is wholly within the State of Maine, but this circunstance does not preclude the inlet from being navigable water of the United States. Cf. The Montello, 20 Wall. 430 (1874); Miller V. Mayor of New York, supra. In a closely analogous case, involving one of the numerous small bays which in- dent Long Island, decision was rendered in the following language: There are numerous small arms of the sea and streams having access directly to the Atlantic Ocean capable of use by pleasure craft and smaller boats for commercial purposes at high tide. Some of these waters at low tide are inaccessible to any boat except a skiff, and the tide ebbs and flows in most of them to a point far beyond where any use can be made of the outlet to the main ocean either for pleasure or busi- ness. The physical condition of these various locali- ties, generally, brings these waters within the juris- diction of the United States. * * * * * "On the southern shore of Long Island the bays, inlets, and small streams communicating directly with the Atlantic Ocean necessarily possess one element of the standard of navigability, for purposes of inter- state commerce, established by the various statutes and decisions. It is possible to pass from any of the sea coast states by means of the Atlantic Ocean to the entrance of these different bays and indentations. In most of them local as well as interstate commerce is actually carried on, to a greater or less degree. In some of them interstate commerce may be interrupted for a long period, or the use of the water may be almost entirely for pleasure purposes, but the possibility of access is ever present, and the question of use and capacity must be the test as to the extent of the jurisdiction of the United States under the interstate commerce provision of the Constitution. (U. S. V. Banister Realty Co., 155 Fed. 583, 588, 591 (c.c. N.Y., , 1907).) 3 M. 28520. The use of a body of water and its capacity for use as a highway of interstate or foreign commerce is the basic criterion for determin- ing its character as navigable water of the United States. I con- clude that Otter Creek Inlet is navigable water of the United States. The criterion employed in making this classification reveals the source of the authority of Congress to control the erection of struc- - tures in and across the navigable waters of the United States. That authority has been predicated both upon the commerce power and upon admiralty jurisdiction, principally upon the commerce power. See the detailed exposition in United States V. Banister Realty Co.. supra, 589-596. Its existence is unquestioned. Indeed, the entire body of Federal law regulating travel upon and structures in and over navigable waters of the United States (U. S. Code, Tit. 33, ch. 9) is predicated upon this accepted application of constitutional grants of Federal power. The source of the power of Congress with reference to navigable waters of the United States makes it clear that no limitation upon that power can be predicated upon the location of such water wholly within the borders of a single State. It is fundamental in our con- - stitutional conception of the commerce power that it is for Congress to determine whether and to what extent the States shall be divested of jurisdiction over any subject matter within the purview of that power. 4 M. 28520. The history of the very regulations of navigation here involved well illustrates the application of this principle in the course of legislation. Before Congress undertook to regulate the use or obstruc- tion of the navigable waters of the United States, each State was free to control such waters as lay wholly within its borders. Willson V. Black-bird Creek Marsh Co., 2 Pet. 245 (1829) Williamette Iron Bridge Co. V. Hatch, 125 U. S. 1 (1887). When Congress passed the present general laws regulating the construction of bridges, causeways and ob- structions in and over navigable waters of the United States it saw fit to permit a continuing measure of State control in the absence of spe- cific action of the Congress itself with reference to the individual project. Thus, in applying the proviso of section 9 of the act of March 3, 1899, the courts have pointed out that the State may excercise a veto power upon proposals approved by the War Department. Montgomery V. Portland, 190 U. S. 89 (1903) Cummings V. City of Chicago, 188 U. S. 410 (1903). Cf. Maine Water Co. V. Knickerbocker Steam Towage Co., 99 Me. 473, 59 Atl. 593 (1905), where statement that both national and State consent are required has application only to procedure pursuant to this proviso. But the fact that the general scheme of regulation provided by Congress contains such a provision does not, and indeed cannot, derogate from the plenary power of Congress over the subject matter. It would be a novel doctrine of the commerce power which would recognize the power of Congress to prevent the construction of bridges and causeways over navigable waters without Federal approval but would deny the power of Congress to authorize such construction without State approval. 5 M. 28520. The same conclusion is indicated by the very language of sec- tions 9 and 10 of the act of March 3, 1899. In the proviso to sec- - tion 9 Congress has seen fit to stipulate that where navigable waters of the United States are wholly within a State bridges and causeways may be constructed whenever both the State and the War Department shall approve such procedure. However, that provisc does not abro- gate the preceding general provision establishing the consent of Congress and the approval of the Chief of Engineers and the Secre- - tary of War as a method of authorization having general application. The proviso, which is permissive in form, does no more than to afford an alternative means of authorization, namely approval by the State and the War Department, where the waters are wholly with- in a single State. Moreover, the proviso itself would seem to be qualified by the provision of section 10 requiring affirmative au- thorization by Congress before there shall be any obstruction to the navigable capacity of the waters of the United States. Thus, construction of the language of the statutes alone would seem to indicate that an act of Congress authorizing the building of a bridge or causeway and approval of the plans for the project by the War Department afford complete legal authority for any given project. The very question here involved has been mooted once by the Supreme Court in a case in which decision thereon was made unnec- essary by a finding that the replacement of a bridge over navigable 6 M.28520. water of the United States located wholly within a State had been authorized both by Congress and by State authority. Newark V. Central R. R., 267 U. S. 377 (1924). However, the issue has been adjudicated by the Court of Appeals of New York in a case holding that where Congress had expressly authorized the replacement of a bridge over navigable waters wholly within New York, the State legislature could not thereafter "make unlawful that which Con- gress, under its plenary power over interstate commerce, has de- clared to be lawful. II People V. Hudson River Connecting Railroad Corn. 228 N. Y. 203, 126 N. E. 801 (1920) ; certiorari denied, 254 U. S. 631. In the present case the authorization by Congress in the act of August 24, 1935, is clear and explicit. Section 9 of the act of March 3, 1899, establishes a general scheme under which both authori- zation by Congress and approval of plans for the project by the Chief of Engineers and the Secretary of War are prerequisite to lawful construction. It follows that the approval of the War De- partment, and that approval only, remains to be obtained before con- struction may proceed upon the Otter Creek Inlet project. I have not failed to consider that the proposed bridge or causeway may itself be a needful instrumentality for interstate commerce and also a needful avenue of access to a national park. The facts material to these aspects of the case are not fully pre- - sented in the present submission, and since the foregoing analysis 7 M. 28520. makes their devolopment unnecessary to the disposition of the case, no decision is made as to the significance of these additional factors. Finally, although the matter was not a subject of inquiry in the present submission, attention should be directed to the fact that sec- tion 6 of the act of March 23, 1906, requires that the construction of any bridge across navigable water of the United States pursuant to authorization of Congress must be begun within one year after the enactment of the enabling legislation. In this case, therefore, con- struction must be bogun by August 26, 1936. It is my opinion that the consent of the State of Maine is not prerequisite to the lawful construction of the proposed bridge or causeway. However, the operation may not lawfully proceed until plans for the structure shall have been approved by the Chief of Engineers and the Secretary of War, although construction must begin no later than August 26, 1936. Respectfully, (Sgd) Frederic L. Kirgis, Acting Solicitor. Approved: June 16, 1936. (Sgd) Oscar L. Chapman, Assistant Secretary. 119495 8 30 Rockefeller Plaza New York Room 5600 October 5, 1938 Dear Mr. Rodick: On August 1st you advised me that you were going ahead with the dissolution of the Otter Creek Bridge Company. Will you please advise me whether the dissolution has taken place, and if so the date thereof? Yours very truly, philipt lealy Mr. Serenus B. Rodick, Bar Harbor, Maine. answered October 14, 1938 Mr. Philip Keebler, 30 Rockefeller Plaza, New York City Dear Mr. Keebler: The dissolution of the Otter Creek Bridge Company has not as yet been started due to a number of reasons but as soon as this is started and completed I will notify you. Yours truly, KNOW ALL MEN BY THESE PRESENTS, That the Otter creek Bridge Company, a corporation organized and existing under the laws of the state of Maine, and having an established place of business at Ellsworth, Hancock County, Maine, in considera- tion of one dollar and other valuable considerations, paid by The Secretary of the Interior, for and in behalf of the United States of America, the receipt of which is hereby acknowledged, does hereby sell, assign, transfer and convey un'so the said Secretary of the Interior for and in behalf of the United states of America, the franchise of said corporation, and all property of every kind belonging to said corporation, and all right, legal or equipable of said corporation to build a bridge and appurtenances thereof, over Otter creek, between the towns of Bar Harbor, and Mount Desert. TO HAVE AND TO HOID the same to the said United States of America together with all the privileges and appurtenances thereunto belonging. IN WITNESS WEEREOF the said Otter Creek Bridge Company has caused its corporate seal to be hereto affixed and these presents to be signed in its name and behalf by Charles O. Heydt, its Treasurer, thereunto duly authorized, this 24th day of January, in the year of our Lord one thousand nine hundred and thirty-eight. OTTER CREEK BRIDGE COMPANY (Corporate Seal) BY Charles O. heydt TREASURER STATE OF NEW YORK. County of New York, SS. January 24th,1938. Personally appeared the above named Charles O. Heydt, signed by In Neyat forwarded to Mr. maskey of Dept. Jan 24,1938 Recorded Form clerk office, mt. Deart Book 12, page 282 Feb. 12, 1938. Recorded Reg of Deels vol. 659, Page 573 Feb. 1, 19 38 Recorded City Clerk's offire Ellworth Val. 18, Page 335 Feb. 21, 1938. NOTICE OF MEETING. A special meeting of the Directors of the Otter Creek Bridge Company will be held at the office of Deasy, Lynam, Rodick & Rodick, at Bar Harbor, Hancock County, Maine, at ten o'clock in the fore-noon, on Friday January 21, 1938, for the purpose of considering the advisability of transferring to the United States of America, or its proper agent, the fran- chise, stock, rights, and all property of any description, owned by the Otter Creek Bridge Company. S. F. Ralston President. WAIVER OF NOTICE. We, the undersigned, being all the Directors of the Otter Creek Bridge Company hereby acknowledge that we have received due notice of the meeting, of which the above is a true copy, and waive other or further notice thereof. S. F. Ralston Serenus B. Rodick Charles O. Heydt NOTICE OF MEETING. A special meeting of the Stockholders of the Otter Creek Bridge Company will be held at the office of Deasy, Lynam, Rodick & Rodick, at Bar Harbor, Hancock County, Maine, at ten-thirty o'clock in the fore-noon, on January 21, 1938, for the purpose of considering the advisability of transferring to the United States of America, or its proper agent, the fran- chise, stock, rights, and all property of any description, owned by the Otter creek Bridge Company. S. F. Ralston President. WAIVER OF NOTICE. We, the undersigned, being all the Stockholders of the Otter Creek Bridge Company hereby acknowledge that we have received due notice of the meeting, of which the above is a true copy, and waive other or further notice thereof. S. F. Ralston Serenus B. Rodick Charles O. Heydt RECORD OF ISETING. A special meeting of the stockholders of the otter creek Bridge Company Wat duly called and hold at the office of Densy, Lynom, Rodick & Rodick, at Bat Harbor, Fancook County, raine, at ten-thirty o'clook in the fore-noon, on January 21, 1938, at which meeting all the Stookholders were present, either in person or by proxy. It appeared to the stockholders that they owned no real estate or personal property of any description, except a charter to build @ bridge over Otter creek between the towns of wount Desert and Far Farbor, and it appearing that the Government through its Agents, had accured a right to construct & causeway st virtually the same place, and that before the United States of America could proceed with the erection of its causeway 1t was necessary that the rights of the otter creek Bridge Company be transferred to the United States of America, OM MOTION DULY SECONDED it was voted to ratify and confirm the act of the Board of Directors at a special moeting held the 21st day of January . 1938 at ten o'clook in the foronoon, and to authorise and instruct the Treasurer of the Corporation, Charles O. Boydt, to execute and deliver a deed or dooda or such other instruments as may be necessary to transfer to the United Statos of America, the franchise, stock, rights, and all other property of any description owned by the otter creek tridge Company, said transfer to be made for the consideration. of one dollar. on Motion duly acconded it was voted to ad journ. Serenus B. Rodick Clork. 30 Rockefeller Plaza New York 5600 January 29, 1938 Dear Mr. Rodick: For your information I am attaching a copy of a letter which I received this morning from Mr. Moskey. We assume you are proceeding with the dissolution of the Otter Creek Bridge Company. As you know all of the stock should be turned in. Instead of sending the shares here in the office to you will you be good enough to send the stock book with your stock here together with the minute book ana seal when ready. Mr. Ralston's stock, if he did not leave it with you, can be secured when he returned. In the meantime you may wish to write him and get such order as would cover. As soon as the aocument has been recorded will you advise me so that we may make the proper entry on Mr. Rockefeller's books covering his interest. Very truly, Mr. Serenus B. Rodick Bar Harbor Banking & Trust Bldg. Bar Harbor, Maine. COPY UNITED STATES DEPARTMENT OF THE INTERIOR National Park Service Washington January 27, 1938 Mr. Robert W. Gumbel 30 Rockefeller Plaza, New York, N.Y. Dear Mr. Gumbel: This will acknowledge the receipt of your letter of January 24 enclosing an assignment to the United States of the franchise and all property belonging to the Otter Creek Bridge Company, in connection with the conveyance to the United States of the Black Woods land as an addition to the Acadia National Park. This assignment appears to meet with the require- ments of the Solicitor and it is being forwarded to Mr. Rodick for recordation as required by the Solicitor and return to this office. Sincerely yours, (Signed) G. A. Moskey Assistant Director. -