HARDWOOD RECORD 



19 



the balance due on said note, hut that said City 

 National Hanli and H. A. Merrlil, its president, 

 had refused to receive payment from your orator, 

 and refused to deiiver the said shares of stoclc 

 to your orator, and said Merrill informed your 

 orator that the said defendant Marlilcy had in- 

 structed said Merrill to deliver said stoeli to said 

 Marltley and not to your orator, although the 

 said Markley and Miller have no Interest what- 

 ever in said stock : that your orator luts made a 

 demand upon the sa'd Markley for the said 

 shares, hut the said Markley refused to deliver 

 the said shares of stock to your orator. 



'.ith. That on or about the date that the said 

 International Company was organized, said cor- 

 poration entered into an agreement in writing 

 with the defendants, John R. Markley and Isaiah 

 It. Miller, wherein it was agreed that the said 

 defendants last named should be the contractors 

 for the clearing, planting and bringing to ma- 

 turity of L'0,000 acres of land in tropical fruit, 

 rubber, sisal, etc., said 2i),()0o acres being a part 

 of said 288,000 acres aforesaid, and the said de 

 fendants. John R. Markley and Isaiah U. Miller, 

 to receive as their compensation for said work 

 the net proceeds arising out of the sale of the 

 entire shares of the capital stock of said Inter- 

 national t,'ompany, amounting at par to .$6,0011,- 

 nOO. less tlie commissions paid by the Interna- 

 tional Company in disposing of said stock, and 

 less also the sum of .$4.i0,000 principal and in- 

 terest thereon for the purchase price of said 288,- 

 IH)0 acres of land, and other assets of the San 

 I'ahlo Company as aforesaid : that the lost to 

 said defendants Markley and Miller of doing all 

 of the said work of ilcaring, etc., including the 

 entire expenses incurred by said defendants in 

 connection with performing all of their agree- 

 ments with said International Company in said 

 contract mentioned would be about the sum of 

 .$75 for each acre of said 20,000 acres ; that the 

 total expenses and commissions to he paid out 

 liy said International Company in the sale and 

 disposition of said 20.000 shares of stock would 

 (lot exceed the sum of $100 for each share, which 

 would leave a net sum of $200 per share to be 

 paid over to said defendants ; that the total net 

 |]rolit to said defendants arising out of the said 

 contract when all of the said 20,000 shares of 

 stock have been sold, would be not less than $12S 

 for eaclt share of stock or upon each acre cleared 

 and developed, aggregating a total sum of about 

 $2. .500. 1)00, less, as your orator is informed and 

 lieiieves. the sum of $450,000. being the purchase 

 price of all of the assets of said SJan I'ahlo Com- 

 pany aforesaid. 



loth. Your orator is informed and believes 

 and so states the fact to be that under and by 

 virtue of tlie contract aforesaid between the tie- 

 fendants. International Company, John R. Mark- 

 ley and Isaiah B. Miller, the said two last named 

 defendants have a secret contract or iigreemettt 

 between themselves and the selling agents at the 

 general ofBce of said International Company, by 

 which agreement the said Markley and Miller are 

 to receive as additional consideration for the 

 carrying out of the said contract aforesaid a 

 large portion of the amount of the commissions 

 cluirged by the said International t'ompany for 

 selling said stock, and that said defendants 

 Markley and Miller share profits from this source 

 of about the sum of $300,000. 



lltb. That in the month of April last past 

 the defendant. John R. Markley, stated that there 

 had been sold up to that time 11,000 shares of 

 stock of the said International Company ; that 

 all of said shares of stock have been sold at par 

 value of $300 per share, payable in installments 

 and otherwise, and that said International Com- 

 pany has received up to the time of tiling this 

 your orator's bill, from the sale of said stock, an 

 average price of about, as your orator is in- 

 formed and believes and so states the fact to be. 

 $60 net for each share of stock sold, and that 

 there have been sold up to the date of the filing 

 of your orator's bill about 12,000 shares, and 

 that the total sum received by said International 



Company from the sale of said shares up to this 

 lime is about the sum of $700.iiOii ; that said In- 

 ternational Company has paid out of the sums so 

 received by it for interest on tile purchase price 

 of $450,000 for the assets of said San I'ablo 

 Company three half-yearly installments of inter- 

 est of 5 per cent each, or a total of .$33,725 ; 

 that the sums received aliove this sum by said 

 International Company, as your orator is in- 

 fiirmed and believes and so states the fact to be. 

 amounting to more than $650.0ii0 have been paid 

 over and delivered to the defendants John R. 

 .Markley and Isaiah 15. Miller under the terms of 

 the said contrait aforesaid between said defend 

 ants and the defendant international Comiiany. 



12lh. 'niat on Kebruary 4, ]'.I05, the said de 

 fendants Jolin R. Markley and Isaiah H. Miller 

 entered into a contract in writing with your ora 

 lor. in words as follows, to-wit ; 



"In consideration of personal services of Mr. 

 Walter II. Hell of Vicksburg. Miss., iieretofore 

 rendered and hereafter to be rendered, in the 

 management of the Kstafe of the International 

 Lumber & Iievelopment Company in the state of 

 Campeche. Mexico, with which company we have 

 a contract to clear, plant, mature and bring to 

 development 20,000 acres in hennequen, rubber, 

 bananas, oranges, etc., as per prospectus of said 

 company at this date ; and in consideration of 

 his past and future personal services as our man- 

 ager under said contract we agree to have said 

 Bell employed by said International Lumber & 

 Development Company as the manager of its 

 estate and property in Mexico, and we, the un- 

 dersigned, do hereby agree to emi)loy him as our 

 manager and pay to the said Walter II. Bell one 

 full tenth part of the value of all profits to be 

 made by us in the aforesaid contract between 

 us and the said International Lumber & De- 

 velopment Company, also one tenth part of the 

 value of the profits that may be derived by us in 

 all business pertaining therein, both at the time 

 and as the same shall mature and accrue to us. 



"It is further agreed that we also shall pay 

 the said Walter II. Bell, or to his order, the sum 

 of $125 monthly and his expenses during the time 

 be may under Ills contract render such personal 

 services. 



"It lieing distinctly understood that Mr. Bell 

 shall he under the orders only of ourselves, or 

 the board of directors of the said International 

 Lumber & Lievelopment Company. Should he, 

 for good and sufficient reasons, return to this 

 country, it is agreed that he shall devote bis 

 time to the sale of the stock of the said Interna- 

 tional Lumber & Development Company, hut in- 

 stead of receiving the aforesaid sum of $125 

 mondily and his expenses, he shall receive H 

 commission of $50 for each share of stock that 

 he shall sell or cause to be sold, and shall be 

 given certain territory that may not already be 

 given out to other general agents, said commis- 

 sion to be paid him on the same terms and con- 

 ditions as the company may have with its other 

 general agents. 



"This contract shall be biuding upon ourselves, 

 our heirs, executors, administrators and assigns. 

 Tins contract shall be legal and binding on said 

 Markley and Miller only until such time as they 

 shall deliver to W. H. Bell a certificate of bene- 

 ficial interest of the same word or wording as 

 the certificates to others having beneficial inter- 

 ests therein, and the said certificate shall entitle 

 the said W. II. Hell to one-tenth interest in the 

 profits to be derived from the development con- 

 tracts entered into between the International 

 Lumber & Development Company, and the said 

 .Markley and Miller. 



"John- U. Markley, 

 "Is.iiAH B. Miller.'' 



"Dated February 4. 1005." 



That, as stated in said contract, the considera- 

 tion passing to said defendants Markley and 

 Miller for the agreements to be kept and per- 

 formed on their part was the personal services 

 of your orator rendered prior to and to be 



rendered subsequent to the miiking of said con- 

 tract. 



13tli. That in the year 10U4 your orator, at 

 llie request of the defendant John K. Markley, 

 made a number of visits to Mexico and investi- 

 gated the conditions upon the land then owned 

 by the San Pablo Company, and reported the 

 same from time to time to the said defendant : 

 that in the latter part of the year 1004 the de- 

 fendant Markley was about to enter into a part- 

 nership agreement witli the defendant Isaiah B. 

 .Miller, with reference to making tlie contract 

 aforesaid witii said Internaiional Company, and 

 that after the partnership agreement was made 

 liy said defendants Markley and .Miller, and 

 prior tliereto. your orator performed many ser- 

 vices covering a long period of time during tlie 

 .\ear 1004, and prior tliereto, in connection witll 

 investigations in the district of Champoton, state 

 of t'ampeche, Mexico, and which said services 

 were included and referred to in said contract as 

 having heretofore been rendered by your orator. 



14th. That immediately after the making of 

 said contract between your orator and said de- 

 fendants Markley and Miller, and in accordance 

 with said agreement, your orator proceeded to 

 l.agiina, Mexico, and was prepared and ready 

 iind offered to take up his work as manager of 

 the estate of said International Company and 

 as manager for the said defendants Markley 

 and Miller, and that shortly after your orator's 

 arrival at Laguna, at which point tlie general 

 offices of the International Company and of said 

 defendants last named were located, the defend- 

 ant Jolin R. Markley stated to your orator that 

 on account of existing labor troubles on the 

 estate of said International Company it would be 

 advisable for your orator to return to Chicago, 

 and that after a number of consultations be- 

 tween your orator and the said defendant, the 

 said defendant Markley directed your orator to 

 return to Chicago and await further instru<-tiona 

 Irom him with reference to future services to be 

 rendered by your orator under said contract, and 

 that thereupon your orator returned to the city 

 of Cliicago : that about two weeks after your 

 orator's return to Chicago and in the absence of 

 said defendants Markley and Miller your orator 

 went to the general offices of said International 

 Company situated in Philadelphia, Pa., and re- 

 ported to the treasurer of said company that he 

 had been sent back to the United States by the 

 defendant Markley, and stated that he was pre- 

 pared to devote his entire time to the sale of the 

 stock of said International Company, and re- 

 quested the treasurer to assign to him some ter- 

 ritory or place where your orator could engage 

 in selling said stock, and that said treasurer 

 assigned to him the city of Dayton, Ohio, and 

 vicinity thereof, and that your orator thereupon 

 opened an office for the sale of the stock of said 

 International Company and has carried on and 

 is still carrying on in said territory the sale of 

 the said stock: and that your orator has in all 

 other things fully performed all of the condi- 

 tions and agreements on bis part to be per- 

 formed in said contract mentioned. 



15th. That upon your orator's return to Chi- 

 cago in accordance w-ith the instructions of said 

 -Markley, as aforesaid, your orator received the 

 sum of $125, and that no other sum whatever 

 lias been paid to your orator since said date ex- 

 cept the commissions provided in said contract 

 for the sale of stock, and that the defendants 

 John I{. Markley and Isaiah B. Miller have re- 

 fused to give your orator information as to the 

 moneys received and disbursed under the said 

 i-ontract between said defendants and said In- 

 lernational Company, and have refused to render 

 your orator any statements in the premises and 

 have refused to turn over and deiiver to your 

 orator a certificate of beneficial interest for one- 

 tenth interest in the profits to he derived from 

 said contract between said Markley and Alllier 

 and said International Company as provided in 

 your orator's contract witli said last mentioned 

 defendants. 



