xt70zp3vt865_118 https://exploreuk.uky.edu/dips/xt70zp3vt865/data/mets.xml https://exploreuk.uky.edu/dips/xt70zp3vt865/data/63m46.dao.xml unknown 14 Cubic Feet 31 boxes archival material 63m46 English University of Kentucky Copyright has not been assigned to the University of Kentucky.  Contact the Special Collections Research Center for information regarding rights and use of this collection. Harkins Family papers Mineral rights -- Kentucky -- Floyd County -- History. Law reports, digests, etc. -- Kentucky. Mining leases -- Kentucky -- Floyd County -- History. Practice of law -- Kentucky. Bankers -- Kentucky. Banks and banking -- Kentucky -- Prestonsburg. Coal trade -- Kentucky -- Floyd County -- History. Lawyers -- Kentucky. Correspondence between Joseph D. Harkins and William S. Harmon, November 1950- October 1951[Part I] text Correspondence between Joseph D. Harkins and William S. Harmon, November 1950- October 1951[Part I] 2016 https://exploreuk.uky.edu/dips/xt70zp3vt865/data/63m46/Box_14/Folder_13/0001.pdf section false xt70zp3vt865_118 xt70zp3vt865 LAW OFFICES
J O E H O B S O N
LIGON BUILDING
PRESTONSBURG. KENTUCKY
. November
28th.,
1950.
Mr. William S. Harman.
Postoffice “ox K0. 1K02,
Columbus 16, Ohio.
@ Dear Sir:
This will acknowledge receipt of your letter of
November thh., relative to coal acreage owned by
the I. Richmond estate and the r. S. Harkins estate.
The I. Richmond estate owns two~thirds (2/3) of this
acreage, tnfi the Harklns estate owns oneuthird (1/3).
Mr. J. D. Harkins is agent for the t. S. Harkins
estate and I an agent for the T. Richmond eatate.
li We will be Clad ta tuVe up with you the leasing of
the coal unfierlying this tract of land, which con—
tains approximately one thousand (1000) acres at
anytime that suits your convenience. Hewevcr,
Mr. Warring is at Lexington and as swan as he re-
turns to Prestansburg, I will take up with him
your latter and will ijise you Wham he is able t0
return to his office, as he is now sick.
“Very t 21y yours,
K. a
I
J _
H
E
00:
Harkins & Hurxins, Attorneys
Prestonsburs, Kentucky.

 January 30th, 1051.
huge Jeane W. Turner
Painteville. Kentucky.
Dear Judge Turner: This latter should be addreaeed
to Hr. nobeoa at Proatoueburg. but I hove loot u
notation of hie initiale. and I think I want you
the letter Ihad trouble. Ianenoloeinganextra
copy or thia letter. which I would thank you to tor-
ward to fair. Elotoon. He woe to write we a letter rei-
lowing om- cmtu'eace in Preetoneburg which baa not
been received. I told him not to be in any hurry. or
tattleghiaaelr too each; be; that remark wugthiin-
t edoeapreaaanylaokop eeonwyp
thia latter. For the tine hae ems laet arrived.
when real capital will take hold or your property
and lake eonathing out of it.

I wish to report to you. two groupa with whoa
weereworkinaandwhearevmwuohinteroatedin
dealing. W. Paul Merger of column. waa on your
W the afternoon we held our conference. Be

a a leans record or euoeeeeml stripping with no
failure chalked up againat his. Hie one Job with
which I an faailiar wee the etripping of 0000 aeree
in Perry County, Ohio for the Ohio Power Coupons, a
aubeidiary of the American Goa 57 Electric Company.
30 Church Street, new York City. hr. wager bee
omhéguipaent but ie temporarily abort of eaah, ae
he a erred an adverae income tax decision recently
for $66.00!). for the yeare 1946 and 1047.

Iiowever he baa a bone ride agreement with a
new York contracting tin with when he doee ouch
buoineae. who are not cool people to euppiq hia
with 7.250.000 oaah. or put up that aaemt oaainet
hie equipment to go into the deal they aeleot. The:
have two or three under ceneideration.

And their Joiat action will be screened by the

- adviae or Paul Weir. of Chicago. aloe intereated
with than. Poul Weir ia the leading coal geologiet
or the oomtry. in ay Juignent. Until the mar can
nae 57 Electric Coupon: put in thier own geological
organisation about one year ago, Paul W. r waa their
chief omeultant. fife ia the chief omeultent for
the Hanna coal Company of Cleveland. I am not adviaed
aa to how far he intrudea on the aotiona of Pittaburgh
Cease}... controlled by Hanna. He haa Juet completed a

(Over)

 ourvoy or the cool rooourcoo of the oholo'oomtry for
tho v.8.6mmonc. a our]: in which ho ho bod o tom
of. list! tooovonty working for our one yoor. Loom
to so like 13301. Sun out: to know hon much on and
go! he can got out or our cool apply. Poul m1:- to
vary oblo: hoo oloo ado ouch nonoy and to mum.
Idonot oupootowoftmo svmtotrytogommad
no in thin dool. am I ask your pronoun oo mood.

Within tho noxt too oooko, I on). how don chm
moths: grow rm- Calm. Mot M a: Sun. In».
controctm. mu sumo u a“ I. Coooody shoot.
:hey on largo pad gory “nonfat-ovum. Mo
undo o fox-two tho put too yono, otrippmfi cool 1::
..1.” «why. I mpootod o noo nook “on ”not.
loot Sund which .111 haul 15 tan: or cool bulge (
on our big-3o. Thoy hove Jun purohoooa on: o: o
at o soot of '16 000 oooh. Mel: Dona: opoado out or
his tmhmridoahlombmmlokmthooool
end. Dominick trove:- nootly 1:: Mo on piano but
.1» boo o cowlo sauna. non-mu: hue pinned
to ho dom‘thu out. but to <1on by tho No
of menu-u: own-mt for thou- cones-nouns bullion.
tmd ogoin. I ukym probe”...

991-. D. J. noun-ooh. a: tho‘l’ooulty at 0.8.11. and
for may yam hood of tho naming Bogart-oat until
he roolgnod oyoor , moo than :::-M "Io-Ibo”
rm. Portor paramig. Bo nu uuua than that
thio to o wry all.) o pozoooor propogy. .

I winplon tooooyonohm Imus-inlet
dam: poooibly hetero. . ,

Roopoctruuy you”.
$817.8 , WILL!“ 3. BARK“.

 WILLIAM S. HARMAN
KENTUCKY-WEST VIRGINIA-OHIO
(,
COAL AND (90KB
EVETRE;::::N:244 COLULEEIOSx lsgiOHlO
February 14th, 1951.
Mr. Joe Hobson
Prestonsburg, Kentucky.
Dear Mr. Hobson:
Referring to your letter of January
50th, signed by yourself and Mr. Harkins, I under-

' stand you were designated to write and receive the
correspondence with me on the subject of leasing
the coal of the Richmond and the W.S.Harkins Estates.
I also assume the 60 day period you mention will
run from the date of your letter, January 50th, 1951.

I assume that you have a copy of my letter ad-
dressed to Judge Turner, written January 50th. In
that, I mentioned in detail, my dealings with the
Paul Mauger--Paul Weir group. Also, Nick Cenci & Sons.
It is rather fortunate that his trip was delayed a
few days; otherwise, we would have been there dur-
ing the recent flood. While the Cenci group are ac-
customed to dealing with and handling such matters,
their first impression would not have been improved
by this disaster, or mishap as you may be pleased
to term it. Despite a coating of ice on all Ohio
roads this morning, we may be able to get down this
week end. Understand a temporary bridge has been
put in over Daniels Creek.

I wish to report one third party with whom I
plan to work on your property for a prompt closing
of our transactions. This is the Island Creek Coal
Company. They are reaching out in an unexpected
fashion. Just last week, they closed for property
in Nicholas County at Bentree and Belva. They are
evidently watching very carefully the progress of
the Peters Creek Coal Company in that territory. I
figure Hanna money is back of Peters Creek; probably
also some New York Central money is in that. They
are also, no doubt, watching the Pocahontas Land Com-
pany in Martin County.

Respectfully yours,
Enclosing copy my letter January 30th to Judge Turner.

 . THE CENTRAL WEST COAL COMPANY
TELEPHONE: ADAMS 3123 0 LONG DISTANCE 263
GENERAL OFFICE:

SUITE 1020 HUNTINGTON BANK BLDG.
C(DIJLIRJIBIJS 15, C)}II() -

February 21, 1951
Joseph D. Harkins
Counsellor at law
Prestonsburg, Kentucky
Dear Mr. Harkins:

- Troy has sent me your letter of
February 9th addressed to him and asked me to answer
it and tell you that he is in Florida basking in the
sunshine with the idle rich.

Now in regard to William S. Harman,
the Court House records and I think the Federal Court
shows that he is a total failure.

I note you would like to put Troy on
the Board of Directors and I think he would like that,
of the Hindman Settlement School, and that he will also
make a special effort to be present at your Commencement
this year and present in person his prizes to the school.

Very truly yours,

THE CJHTRAL WEST COAL COKPANY

.- f’

J. giérVey lg

Pr sident
(JflizHF
cc:TC

 » -- . 0
February 23, 1951

Mr. J. 8. McVey, President
Central West Coal Company
Suite 1020
Enntington Bank Building
Columbus 15, Ohio
Dear Mr. McVey:
It was indeed a pleasure to receive your letter of February
Blot, and I note the information therein given.

’ I was not too much impressed by the gentlemen I referred
to, when he was at the office some time ago, but he was

a pretty well endorsed and was accompanied by one of our
Circuit Judges here who is a close personal friend of mine.
So as to confirm the View I had, I wrote Troy, and in his
absence 1 am delighted with your letter. I wish conditions
were such that we would get an opportunity to see you folks
over in Columbus, a: we did in the past, but I an hateful
that sometime in the reasonable futrrc we will haVe an
opportunity to be there and can renew acquaintances of prior
days.
It is a peculiar coincidence, but I am expecting Ambrose
Mendt and fire. Nandt to be in the office sometime this
afternoon, and will take pleasure in telling them that I
have had a letter from you this day.
My best personal regards.
Sincerely,
Joseph D. Harkins

JlDH/b

 . 3.‘ 5“,“? ~£-:’37‘\T"3?‘? ":2:
rtyoazfinia n? hastgrtfiT mafia and entered into this 19th day of
say. 1951, by and between Eyrtlo Fartar and Henry L. Porter, her
husband, hereinafter called rise? FaaTIEs, and William 3. Harman,
of Columbus, akin, herainnfter called Shanna PAtTY,
axratsswans That for and in aonaldarutian of one dollar {$1.00)
in hand paid, receipt or which is hereby acknowledged, and the
further connideratian or the agreements heroin conntlnod, to be
ka;t, done and perfonnod by excess PanTY, Fina? Parrrns iraxfif
lag, 10:30 and demise unto Shana? EaaTY, all the marchanbable
and mineable coal on. in or under a certain tract of land
owned by Visa? P;??IES, consisting of approximately 685 acres,
situate. lying and being in Floyd scanty, fientucky, at the head
of Tang aranch, Juat south of the holdings of the ;onsolidatlon
Soul Company. and bounded on the east by the lanfis of the Harkin
heirs, and on the moat by the 13363 of the Faye family.
To Riv; at? To fiOLh the abGVe described premises for the sole and
only aurpoaes of drilling, praapecting. mining, manufacturing
and shigplng all the marchantable and mineable coal from said
land, a th the exclusive right to operate the same for a period
of ten years and so long thereafter as the minimum royalty heroin
provided shall be paid.
ésasah his?! shall have free use of the water on said land, ana
mining timber up to a” in diameter; also the ri§ht to remove
during the period of this contract or after, a1 machinery placed
on said lands by rfifiofln FAFTY. Also the exclusive r1§§t to trans-
port coal from other land; through or over said pram as paying
therefor the sum of two cunts ($.02) per ton for all coal so
transacrted. PRC??? FltTY may ample: either shaft deep mine or
open pit methods of wining, and fihfflfiv PA??? agrees to conform to
anfi observe all state and federal laws in reference to his mining
activities: but assess rant? shall not be liable to fiiFST PARTIEE
for any damage sustained by slag? PAnTIES from.the operations of
Froort rfitrg on the lands herein described. inseam PAfiTY may use
so mush of the surface of the lands herein soaerlbod and leaned
3g ?E#’NP as??? may find useful in his operations, ani no charge
shall be mafia for the same. hut upon termination of this agroou
ment, all said! lands am: any mining? placed upon am, shall
revert to TIFET FaRTIES. ::cnfih iafil , in his operations, may
sub-lease all or any portion of the land heroin loaned. far the
purpose of increased profiuntlon.
I: naasxhnakriol or the above, Sicofih PARTY agrees to pay to
?Infif PARTIES on the 25th day of each month, royalty payments
to cover in full the preceding month's operations of nausea
PAVTY, eomgthd as follouls
3a CGhL! fifteen canes ($.15) per ton of 9000 libs. for all
coal mined and remavafi from said promises. or manufactured
into aeka or other by-produota. the preceding month. said
royalty to be computed on the basin of coal cleaned 1nd
renew for market or manufacture. Railroad weights shall
govern on all coal loaded into rallrod cars and shipped by
rail; accurate weights. acceptable to rzaa? FAsTIES as to
method or weighing, to be kayt of all coal manufactured or
emnvna by truak.
““’”- is THE“ T‘RsEfFSEYTATIm-f N“ {3:72AM 6w cant: (3.02) W ton 0“
{a £000 llbs. for all coal transported from other lands, over
through or under the land: heroin lsauod. ~Tharo is specific-
ally oxeaptoa from this charge of two cents per ton, all
i“ coal alpha or atrlypad from 'ho larg: twelve foot vein of
coal 1g5ffl_! 1n the tops of the hll of this and the adjolnu
ing :xg“”” 19; which may be brought out through and ever the
la 3‘ {”’>ln loanodianlao any vein or coal round to exist
‘1"| 1;.. ~f ;iiiif‘p us, of anal.

 GfigL Lmaafi
F330 2.
PneVIDRD fiefiEVER that thin lease shall bacon» null and void and
an lanai: binding on Frag? PfiRTIEfi or $8 awn PARTY, unlasu
$3 03% Fan?! shall pay as minimum ruralty, starting A t 15th,
1951, and thareatter at the rate or two dollars ($2.00? gar
acre {at year, quarter}: in advanco during all such per ads
of th a lens. as the ra urns from tan lama, an heroin hetero
spoolfiad shall fall short of this stipulated minimum royalty
return. 1% is further agraod by FIVE? ?nawzas that 532933 FART!
may apply any ané :11 such payments advanced as minimum ill!!!
mustang: royalty payments against I” am-
coodini rq%:;ty Egymenta that any banana dun hereunder, when
and on a an paymanta dun are in exacts or ths agreed
minimum paymants haroln atipulahvd.
FIRST PARTIES WARRkfiT and agree to defend their title to tbs
lands harain Itasca; and ugreo that SKCQRD FAR?! any at any tine
rodoom for 9193? PARTIES by payment af any mortgagp taxes or
other lions an the above described lands, in dcfau1% of p£Ymant
by FIRST ?ARTIRS, and be lubrogatofi to the right: of tha holdar
t‘mmof.
ALL cawnrwzega Afifi AGREEWETTS hercin'cantainod shall ha binding
upaa the hairs. axonutars, naministrators or asaignn or V135?
FARTIEE and of SIWGTED PAR'iY.
Ia VIT¥XSS W32REQF, ?IRST FARTXES and SEGGKD PART? have signoa
and agglod this cantrnct the day and your first above written.
fiITHESSI
aEAL)

”WW W

_ {SEAL}

($EAL)
\ M.

 - . .
Lida Cottrell
Mary M. Webb
J. O. Webb, her husband
Inez R. Hereford
Thomas Hereford, her husband
: Located on the Burchett Branch of Johns Creek in
2 Floyd County, Kentucky, and more particularly described in that
Q certain deed of conveyance from Jessie P. Burchett and Louise
3 Burchett to Isaac Richmond, P. D. Harmisonzand Walter S. Harkins,
: bearing date January 6th, 1891, and duly recorded in Deed Book
3 " Q", Page 168, Floyd County Court Clerk's Office, to which deed
1 reference is made for a more particular description of said
. preperty, and the description, therein contained, is here referre to
3 adOpted and made a part hereof as fully and completedly as if
\ written.at length at herein.
Tract contains 835 acres, more or less.
4

 n fléam/ 2 /, / . //’fl/,// 2m 2m
. /,7., 2' _ 2, / . ,.
(2%7/5 [4%2/éfl/ Jy/W/flficg/WM/(Wfl fly/M/W
W. A‘sVTIE: ;;::lDENT fith/m7/Zfl, fllfl/
June 18, 1951
Mr. Joseph D. Harkins
Harkins Law Offices
Prestonsburg, Kentucky
Dear Mr. Harkins:

I am in receipt of your letter of June ll asking our
opinion as to the usual or customary royalty paid for iron ore.
This is an extremely difficult thing to advise on, for it will
depend entirely upon the economics of your situation; that is,
what the possible profit per ton of ore might be at the mine.

In the past few years most royalties are based on a
percentage of the value of the ore at the mine in order to avoid
escalator clauses in royalty agreements. In figuring the approxi—
mate amount of royalty it is also customary that the owner of the
property get from 20% to hOZ of the indicated profit on the ore
at the mine, depending on general conditions at this property.

Yours very truly,
W
WAS:cz

 \
June 21, 1951
Mr. W. A. Sterling
ViCe President
The Cleveland-Cliffs Iron Company
14th Floor-Union Commerce Bldg.
CleVeland 14, Ohio
Dear Sir:
Thank you very much for your letter of June 18th and the
information therein contained.
I haVe been posseSSed with the idea that the royalty
should be based upon the profit on the ore at the mine
having due regard to the general conditions in this
property. Frankly, I do not know the extent, if any,
of the iron ore on the property in question.
Thank you again for your consideration and kind reply.
All good wishes.
Sincerely yours,
Joseph D. Harkins
JDH/mlb

 WILLIAM S. HARMAN
' KENTUCKY-WEST VIRGINIA-OHIO
GOAL AND GORE
“Jaime... COLUZEEZ .56“.on
July 7th, 1951.
Mr. Joseph D. Harkins
Prestonsburg, Kentucky.
Dear Mr. Harkins: Your full and sympathetic letter
of the 6th much appreciated. Henry Porter has called
upon you at my request. There has been not the least
worry on my part, about your carrying out in good
faith, the plans and ideas that we talked. I have
every confidence in you personally, and in all of
your group; and in Judge Turner.
The haste on my part has been to get Merl Kelce's
name on the dotted line. And that, of course, cannot
be done until I have my end all signed and sealed
by those with whom I am dealing and whom I represent.
I believe your concurrence in my suggestion of send-
ing me a copy of what you draw before you take the
time to get all the necessary signatures, will also
save time and trouble. I plan, of course, to tie
Kelce in all ways that I am tied. And he may insist
upon small revisions which you will be willing, I
hope,to make, without any vital change in the ideas
we have of this lease. I will, of course, fight hard
to hold all details just as you draw them.
I have just mastered my first lesson in Johns Creek,
Daniels Creek, Long Branch geography. I have a good
map now of the 2492 acres I have lined up for Kelce:
Porter, 665 acres; Turner, 666 acres; Harkins-Rich-
mond, 842 acres; Burke, 110 acres; Mayo, Jefferson
Goal, 209 acres.
Herbert Wheeler of Paintsville, holds to the theory
that this thick vein of coal in which Kelce in in-
terested, correlatefi with the #5 Block Seam in
West Virginia. He bases this on its interval above
the Winifrede Seam, which is apparently well estab-
lished in Kentucky geology. The encouragujpart of
this is the persistence and dependability of the
#5 Block Seam of coal. And Henry Porter figures that
there is the usual 50" to 56" seam of Peacock Coal
hbove the thick coal on part of your land.
Cordial, yo -v'r3
/ .'.. .
WSH-S ““‘ J’A' s. HARMAN.
Thanks for your purpose of expediting things as much
as practical.

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.1 o . .
July 6, 1951
Mr. William S. Harman
P. O. Box 1562
Columbus 16, Ohio
Dear Mr. Harman:
I beg to adviSe that I haVe completed in part the draft
of the coal lease COVering the Burchett Branch property.
There Were so many different phaSes of the matter to be
considered as to the different kinds of mining and also
as to the ore, and the names of the parties sinCe two
different estates are inUOlvnd, that I did not finish
the dictation of the lease until yesterday. The part
heretofore dictated has been transcribed, but yesterday
afternoon I found that Mr. Hobson and members of his
family Were leaving on the afternoon train for a vacation
in New York, and when I receiVed this information it was
shortly before train time.
It is my understanding that Mr. Hobson will return on the
16th and I will haVe the draft of the lease completed
before that time. anediately upon Mr. Hobson's return
and I can get him to read over and approve the form of
lease I will be glad to Send you a copy of the same for
your consideration and suggestions.
I may say, as I said when you were here at the offiCe,
that with the exception of the necessary modifications
as to the names of the parties, and the different means
and methods of mining the coal, and similar questions,
the leaSe is along the same standard form which We are
using as to other properties, and which We haVe been using
for some years.
Mr. Porter called me on Thursday of last week advising
that you wanted a copy of the leaSe in Columbus on Saturday
but the various questions which had to be worked out in
connection with it made it impossible to complete and Send
it to you at that time. HoweVer, it is strictly in conform-
ity to the memoranda I made in our conVersation when you
were in Prestonsburg.
Very truly yours,
JOSeph D. Harkins
JDH/mlb

 UNITED FUEL GAS COMPANY
ADDRESS REPLY TO
* POST OFFICE BOX I273
July 19, 1951
Mr. Joseph D. Harldns
Attorney at law
Prestonsburg, Kentuclgy
Dear Sir:
In reply to your letter of July 12th, we will
advise that our records indicate that the interest in the
Jesse Burchett tract of land which was formerly owned by
Walter S. Harkins, deceased, was leased to Ivyton Oil and
Gas Company by Josie D. Harkins and others by agreement of
April 12, 1922, which lease was assigned by the said lessee
to Kentucky west Virginia Gas Co. on Decenber l, 1927, was
further assigned to Warfield Natural Gas Company on July 16,
191.1, and reacquired by Kentucky West Virginia on March 17,
191.2. An extension of the lease on said "Burchett Tract" was
granted to Kentucky West Virginia Gas Co. by Josie D. Harms
and others under date of I‘hrch 25, 19142.. Kentucky West Virginia
thereafter assigned same to Warfield Natural Gas Company on
April 15, 19142, and United Fuel Gas Company acquired this lease
(as an undivided 1/3 interest in 1000 Acres) by assignment dated
December 26, 19146. This is carried on our records as Lease No.
424766.
Pursuant to your request, we are enclosing logs of Wells

5479 and 51.80, together with copies of the location naps.

Very truly yours, .

s. ‘D. Ger-wig
EDG/g for Carl Radford
h2h76-B Land Agent
Encls.

 L ...- . .
July 20, 1951

Mr. E. D. Gerwig
United Fuel Gas Company
Post Office Box 1275
Charleston 25, West Virginia
Dear Mr. Gerwig:
YOur latter of July 19th writtan for Mr. Carl Radford,
Land Agent, is receivAd and noted for which pléaSO accept
my thanks. ‘
I appreciate the resume of the leaSn situation which,
exCept as to only having tentative dates in my mind, I
was thoroughly familiar with.
We are working upon a proposition relatiVe to lease for
the coal upon this tract of land and the logs Of the Wells
will be of much value to us.

Very truly yours,

Joseph D. Harkins
JDH/mlb

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C°mpany —~—————~——————— STATE OF KENTUCKY :
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 WILLIAM S. HARMAN
KENTUCKY-WEST VIRGINIA-OHIO
GOAL AND @OKE
EVEY:$::::N:2« COLUEEEOSX I|5;2,(3HIO
July 30th, 1951.

Mr. Joseph D. Harkins
Prestonsburg, Kentucky.
Dear Mr. Harkins:

Understand you have not been well;
we have had some very hot weather. Hope it has not
been too hard on you.

Just as soon as you feel like it at all, I trust
you will complete your draft of our contract, and
forward me a copy.

Very cordially yours,
WSH-S Vfifi M S. HARMAN.

 CC: Hon. J09 Hobson

. July 51, 1951
1r. William S. Harman
Po 0. BOX 1562
Columbus 16, Ohio
Dear Mr. Harman:
EnCIOSnd hornwith is draft of the propOSnd lemon COVnring
the Jessie P. Burchntt, Wt Al tract on Johns Crank, Floyd
County, Kentucky.
I was delayed in completin: the draft of this lnaSb due
to the absvnce of Mr. Hobson,who raprnSnnts Mrs. Richmond
and thp othwr portins of tho first port, on a vacation trip.
As you will note I haVA not prepared thn crrtificatns of
acknowl¢gnnent as to this draft copy Sines it hos no nffnct
upon the original copins which haVn been propornd for ox-
acution.
This copy cant you is for the information and considorution
of yourSolf and ossocictos, and if thern is any phSSn of
the propOSnd lnaSn or any other phasa not ambracnd therein
please let me know about it. In all probability if there
are any modifications which would occur to you I think the
bnst idna would bn for you to coma ovnr at a tine convwnient
to mo and Mr. Robson and Wo three could go OVnr any qunetions,
if any, which might bn desirnd to be rnisod.
In this connection, I beg to adviSe that enctions to and
including 1 to 17 inclusive arn adoptnd from thn standard
form of lnase which Wn haVn in regard to diVnrs coal propor-
ties, and emotion 19 to 23 applies spacifically to the
methods of mining and in granting you the option for lease
of the oras upon the land to be agread if such ores are dis-
cOVnrcd in markntabla quantities.
Further, in this conncction, I wish to adviSn that I saw
Judge Turnnr at Louisa narlinr in the month and asked him
about his lanes upon the properties, and he statnd that
what hp would no doubt do was copy the form of 10886 which
Hr. Robson and I had prepared.
As early as conVnnient write me in this rmgard. All good
wishes.

Very truly yours,

JDH/nlb Joseph D. Barking

 WILLIAM S. HARMAN
KENTUCKY-WEST VIRGINIA-OHIO
GOAL AND (90KB
“geisha... COLULEZ: '53.on
August 1st, 1951.
Mr. Joseph D. Harkins
Prestonsburg, Kentucky.
Dear Mr. Harkins:
I acknowledge receipt of your favor

of July Slst, enclosing draft of proposed lease. I
note your invitation to discuss any particular points
of this lease with you and Joe Hobson in Prestonsburg.
For this, I thank you. ‘Your draft, in general, follows
our talk in your office our last meeting.

It is my job to get the Kelce Brothers to okay
your draft. They are very fair, sensible people.

They will, of course, have their attorney go over your
draft; I cannot tell to what points he might take ex-
ception . When we get their re—action to this, it will
be time for us to get together in your office. I may
invite Merl Kelce to join me. You talked with him on
the phone.

I have said practically nothing to Kelce about
our deal since I was in your office. For I was lame--
unable to give them the exact conditions upon which
I was permitted to deal. Meanwhile, they have un-
doubtedly had their hands full of their own problems
with those Kansas-Missouri floods. Their main office
is in Kansas City; they have much property in Kansas.
And since I have been so liesurely in my actions
with them to date, I do not plan any high pressure
attack on them just now.

I will contact them now, and get back to you as
promptly as possible. Merl Kelce has agreed to the
main point-~the amount of royalty. I am sure you will
uphold my efforts to iron out any smaller technicality
that may arise. He was also very specific, as I re-
ported, that he would not guarantee the date they would
start operations; but that he was agreeable to minimum
royalty until they do start, to be treated as advance
royalty payments. I believe we have the proper line-up
for your property--the one you have been waiting for
for many years. Let us handle them carefully, and get
thia deal through. '

Cordizlly,v»urs,
/" lg,
’CS§:“II‘
WSH-S WIL wrl‘ ‘h'w’l. ‘

 l . .
WILLIAM S. HARMAN
KENTUCKY-WEST VIRGINIA-OHIO
(9
COAL AND (90KB
“Janus... COLUZEEZ 3‘22,on
‘ August 11th, 1951.
Mr. Joseph D. Harkins
Prestonsburg, Kentucky. .
Dear Mr. Harkins:
Received copy your draft my lease
July Slst; wrote Kelce August Ist; was in conference
with him at his instance yesterday. I asked him point
blank how much this poor coal market had cooled his
interest in our property; said he had not changed
at all; that he was simply waiting for me to get my
end closed up.

Said those floods did not damage any of their
property; but it had cost them many good customers
in and around Kansas City. Many plants, drowned out,
were simply making no effort to re-open. All the
railroads sufferred heavily; but principally the
Sante Fe and Union Pacific; that they had lost
about forty million each.

I think yesterday was one of the first days
they have gotten started loading at Wellston; they
loaded 22 cars yesterday.

They will have their attorneys go over your
draft of this lease starting Monday. I expect to
have it back one day next week. As soon as I get
it, I would like to come to Prestonsburg and go
over their objections with you. We are all agreed
on the main points; there are certain minor points
where I am expecting objections. And after all
that has been done on this, I surely hope we can get
them ironed out. I did not try to go into detail
over your draft in our conference. Their attorneys
will write in detail and to the exact point on that.

Kelce is much worried over the amount of over-
burden on the high coal; this is based on their
plat