18. This agreement is to be in force for 10 years, beginning from the 15th of July, 1897, subject to written notice being given six months prior to the 15th of July, 1907. In the absence of notice this agreement is to continue thereafter from year to year until such six months' notice of intended termination is given.

19. Should any difference or dispute arise between the parties hereto, touching this agreement, or any clause, matter or thing relating thereto, or as to the rights, duties or liabilities of any of the parties hereto, the same shall be referred to the chairmen, who shail arbitrate thereon, and their award shall be final. Should they not agree they shall appoint an umpire whose award shall be final. In all cases in which the chairmen disagreeing select an umpire, the following provisions shall apply:

If the question or matter to be decided is brought forward by one of the parties of the first part, the umpire shall be a European. If on the contrary, the question or matter to be decided is brought forward by one of the parties of the second part, the umpire shall be an American.

20. With regard to patents which the American Factories or the European Factories may possess in each others' territories, it is understood that unless compelled by agreement with inventors to take legal proceedings with regard to alleged infringements, no legal proceedings are to be taken in respect of any alleged infringement until an attempt has been made to settle the matter amicably. In order to bring about such amicable understanding the question is first to be ventilated by correspondence between the chairmen, who shall have power to constitute themselves an arbitral tribunal, obtaining evidence from experts on both sides; and should they hold that an infringement has been committed, they shall fix the rate of royalty to be paid. Should they not agree, they shall call on the parties to sign a deed of submission, authorizing them to appoint an umpire, whose award shall be final.

In as much as the parties have undertaken not to manufacture in each others' territories they are not to purchase any patent for each others' territories, except after having given the party

interested in the manufacture in the country in question the right of pre-emption on the same terms as the patent is offered to them.

Transitory

This agreement is made subject to ratification by the 31st August, 1897. Mr. Eugene duPont, Mr. Bernard Peyton, Mr. Addison Fay and Mr. Hamilton Barksdale have undertaken to recommend and advocate such ratification by the American Factories, which is to be notified to Mr. E. Kraftmeier, of 55 Charing Cross, London, S. W. (telegraphic address-"Kraftmeier, London"), so as to be in his possession by the 31st August, 1897, and Mr. Thomas Reid, Mr. J. N. Heidemann, Mr. Max A. Philipp and Mr. E. Kraftmeier will recommend and advocate such ratification by the European Factories, which is to be notified to Mr. Eugene duPont so as to be in his possession by the 31st August, 1897.

EXHIBIT XXII.

THE INTERNATIONAL ALUMINUM AGREEMENT.1

The A. J. A. G. Agreement of September 25, 1908.

About September 25, 1908, the defendant Aluminum Company of America, acting through the Northern Aluminum Company, of Canada, which is entirely owned and controlled by defendant, entered into an agreement with the so-called Swiss or Neuhausen Company, of Europe, which is the largest of the European companies engaged in the aluminum industry and designated in this agreement as "A. J. A. G.," parts thereof material to this action. being as follows:

2. The N. A. Co. agree not to knowingly sell aluminum, directly or indirectly, in the European market.

United States of America v. Aluminum Company of America. In the District Court of the U. S. for the Western District of Pennsylvania. Petition in Equity, pp. 15-16.

The A. J. A. G. agree not to knowingly sell aluminum, directly or indirectly, in the American market (defined as North and South America, with the exception of the United States, but including West Indies, Hawaiian and Philippine Islands).

4. The total deliveries to be made by the two companies shall be divided as follows:

European market, 75% to A. J. A. G., 25% to N. A. Co. American market, 25% to A. J. A. G., 75% to N. A. Co. Common market, 50% to A. J. A. G., 50% to N. A. Co. The government sales to Switzerland, Germany and Austria-Hungary are understood to be reserved to the A. J. A. G. The sales in the United States of America are understood to be reserved to the Aluminum Company of America.

Accordingly the A. J. A. G. will not knowingly sell aluminum, directly or indirectly, to the U. S. A., and the N. A. Co. will not knowingly sell, directly or indirectly, to the Swiss, German and Austria-Hungarian governments.

5. The N. A. Co. engages that the Aluminum Company of America will respect the prohibitions hereby laid upon the N. A. Co.

Said agreement became effective October 1, 1908, and provided that it should "last until terminated by a six months' written notice," and petitioner avers that said agreement became effective and has been continuously since said date, and is now, in full force and effect, unless terminated by notice.

EXHIBIT XXIII.

INTERNATIONAL DYE-STUFF AGREEMENT.1

Agreement made the 30th day of November, one thousand nine hundred and sixteen, between E. I. duPont de Nemours & Company, of Wilmington, U. S. A., a company incorporated in the state of Delaware, in the United States of America (hereinafter called the "duPont Co."), of the one part, and Levinstein, Limited, of Manchester, a company incorporated under the British Companies Acts (hereinafter called "Levinsteins"), of the

1Congressional Record, June 3, 1920, pp. 8991-2.

other part: Whereas the duPont Co. and Levinsteins are respectively interested in the manufacture and sale of dyes and are desirous of co-operating for the purpose of such manufacture and sale, and with that object desire to obtain each from the other the right to use as hereinafter provided the patented inventions and secret processes owned or to be acquired by the other party for the manufacture and sale of finished dyes (including synthetic indigo), intermediates and raw material necessary for and used in such manufacture:

Now, it is hereby agreed as follows:

I. The parties hereto will communicate to each other all such information as they now possess or control and are at liberty to furnish in connection with the manufacture of dyes, intermediates and raw materials, including particulars of all patented or secret processes as aforesaid and particulars of all apparatus, machinery and plant necessary for such manufacture, with liberty to each party to visit the works of the other party and to inspect all processes coming within the object of this agreement carried on by the parties, respectively; but neither party is to be required, except by his consent, to give to the other any rights or information concerning intermediates or raw materials used for military purposes, or the manufacture of explosives.

2. The parties shall be entitled to the following rights in respect of all patented inventions and secret processes mentioned in Clause I hereof, videlicet:

(a) Levinsteins shall have exclusive rights for the use, manufacture and sale under its own and the duPont Co's patented inventions and secret processes throughout Great Britain, Ireland, India and all British possessions, colonies and dependencies (except Canada), France, Italy, Spain, Belgium, Holland, Portugal, Switzerland, Denmark, Norway and Sweden, and non-exclusive rights throughout Canada and all other countries except those for which the duPont Co. is to have exclusive rights.

(b) The duPont Co. shall have exclusive rights for the use, manufacture and sale under its own and Levinstein's patented inventions and secret processes throughout the United States of America and all its possessions, present

and future, Mexico and Central and South America, and non-exclusive rights throughout all other countries except those for which Levinsteins is to have exclusive rights.

3. If the information to be furnished under Clause 1 by Levinsteins, to the duPont Co. shall be capable of turning out finished products of the standard of the products from time to time sold by Levinsteins and if the synthetic indigo produced by such processes shall be up to the commercial standard heretofore ruling in the United States, the duPont Co. shall pay to Levinsteins twenty-five thousand pounds in each of the ten years from the first July, one thousand nine hundred and seventeen, to the first July, one thousand nine hundred and twenty-seven, the first payment to be made on the first July, one thousand nine hundred and eighteen. The condition for such payment shall be deemed conclusively to be performed if Levinsteins shall at their works produce finished products and synthetic indigo of the before mentioned standards and shall prove that they furnished the duPont Co. with the information and instruction necessary to produce the same, whether in fact the duPont Co. are or are not able to produce the same or do or do not produce the

same.

4. Each party agrees that if hereafter during the continuance of this agreement it shall make or acquire any patented invention or secret process coming within the terms of this agreement it will disclose in writing to the other party immediately, or in any event within three months thereafter, full particulars in respect thereof, and thereafter furnish to the other party whenever and so often as the other party shall request copies of all claims, specifications, applications and patents in respect of any such patented invention and copies of all writing setting forth any such secret process and such further information as the other party shall request in respect of the same or otherwise relating to the inventions and processes the subject of this agreement.

5. Whenever the duPont Company shall have disclosed a patented or secret process to Levinsteins as aforesaid the duPont Company shall thereupon give notice in writing to Levinsteins that they may obtain a license (exclusive or non-exclusive as the