xt70zp3vt865_126 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. Camp Branch Coal Lands text Camp Branch Coal Lands 2016 https://exploreuk.uky.edu/dips/xt70zp3vt865/data/63m46/Box_16/Folder_3/0001.pdf 1918-1921 1921 1918-1921 section false xt70zp3vt865_126 xt70zp3vt865 .‘ , .0 a. ......N...
: i ‘
June 28th, 1918.
Hon. W. s. Harkins,
Prestonsburg, Ky., 5
Dear Sir:- {:I
Mr. Evans representing the Portland Coal Company is
here and is considering taking over the leases we have on the Glenn g
property at Ivel, Kentucky. He wants a proposition from you and g
Mrs. Fetter on the lands on Powell Branch, Camp Branch and back lands
so as to make from 1000 to 1500 acres of coal area of the lower I,
seem, that is the seam which runs about 240 feet elevation above the I <
railroad. If the property is still open and you all want to lease
it, make me a proposition for him, setting forth terms and conditions I}
of lease. His people want bar-product coal and as l understand from I
tests that have been made by the Kentucky Solval Coke 00., of
Ashland, Ky., the 50 inch seam is good by—product coal. Let me ‘1
hear from you immediately, or as soon as possible, as he wants to I‘
investigate the property and have some of the old openings cleaned 3
out. His people control he says some users of by—product coal
and that would guarantee a good tonnage. Thgwould want a block ‘ '1
between these points going back to Prater Creek I asmme. _
Y ours VFW—l Z {/14 (Wk) .:

 0.7.}: ,, '
a: CA MWztgmgmwflé/q‘fl;


( / / . A l ,’ _. ,
um“ . ,’ ‘,Jv' J’ /
« / I '
2’ J
J .
' V “ HI '\ ‘.l ‘J‘
u um? I. ._ , ’ Ja‘ft‘iad J;
. J ‘ w _J “ «_,‘ ,. ‘ .
J ,. ‘ h».AJ f
..L‘ :1 a J i 5 .JJ ; w .2 ‘,'. 3.841530 5’; .
1.: 1...... ,n w “J .. ””' v
J's, ...“; : J- J.J.5JJL‘ . £13 a "
-‘,‘ J
‘.« 1m _ an, O -
.,.-9y“. . .. 0 k’ .
"‘ ' . .. N ~ ,,7, , . I’ J .‘ ' ‘1 ),, v . V , V . ~ V _ . -~ ,__ .,
,,....“ J. ‘. .3 . )‘. . ‘1‘”..3‘ J“,y.‘.‘ .:..hf , 4g._ ‘ f
\ .,“; wk; 73" v J- 1 . A was _J ~ ., .a. .. a. a .:. ’. J4“ J. J T '2.»: .ua «L- -'J J9~w 24353.3”
J J , .. . . J »
bu. C : J a J... J/ .:. .; NJ» J t J ',' ,J. ‘:7 km: ..: A. JJ.;‘.J J ,‘. smééfi}
J . . J J J
-* "w x ' g :. ‘ J- J ~‘E “; -;« , ,JJ f ‘ " 4v“ = ‘ ‘;JJ ' ‘ " ,'. ‘3;-.44-
- _g ./J,J _J .,..- ,V.._r.|-»~ ..»” J J...JJ, . ' ._ J ,'.J M”... ‘ J_., J _..h -'~
., k 5 3 __ > u. , u . I J uuuw
‘i J , J m 4: ‘ J «r. A " i J. r w ‘ 3 " v m‘ > r > ‘ ' ' 3 - ‘
(2“, ~ .J .‘ 1:4 J *, '43; .. ..~: .‘. '1 _»JJ »- J ' J. .».‘H J.. L ,:L- «‘5 J“ H: - A J 9 w‘ "_ ‘ J» z -' ; “VJ-“€23
. . . . . ..
«my» “guy JJ .‘,’ ~ - ~1- ,_ I ' ’ ~,~: J ; .J v .‘. ~- * ‘ J . r , J- ‘.J!“ -
,.. -. v -' 1a. J -... J‘ x. ., o... .J ‘.Jw- 4,: J. w“. J, .3. my} ..~.«_. '1‘ 4 _‘ ‘.J 5:: >3 J. ,' “ , 3:83? I ‘
J, _,‘ .‘ J JJ , J V, .A . J ‘ ..~».th . .- _
‘ . I“ ’ . L . . ., JJ J , ‘ . W V. ,> .
. A JJ. _‘ A. A: .. . < J , . J.. ..V. _ J. A 1.;-‘.. .. v a . Am. ".1.“ a“ . .. .1 .4 .‘. 4..:
.A J‘_ J J. ‘ .:‘. n ‘:.; 1 Jiz‘flt. JHJ ‘1'; JUL! LE, ‘J-JJ ,:J . «..'-J ,=.. ., .‘,‘ _J . J , ‘v 4.‘, . : 5’ ,, .:5 :50
.,, . g . J J. ,. A, H J . ,. ,J I, .J , r ,, . J. .J , , ,1»: ,,. {$1, L.. ‘.:,.."a
"w ’ ' -: k a} 'v I * r‘, J
U ».a J .J a, “.:. - s
. .’ J ‘ . J J o . 1 J..
. J..“ V.‘, _,‘/~- / .‘ J . , . ._ - ‘J ,v
Jv J .- " 1, ,.... , {K .J. «‘.-1'.» 1v...~...‘.u-.. - . “:.L. ‘J :)4. JJ.‘ J. J. ,J: J, A '1 ‘..:5‘3'
K _ _ . ..
J..).JauJ.»..L {3
,' ‘.., J J . ., J A .... Ami. ’
'J‘ .»»:- A; .‘;.. ”an.”
, . J‘ v. ,. 14: v. 14:. ~.’
‘ _
, ‘ .-
. ..

 /EEEE ‘ f z .
I“ .
August 27, 1 9 l 9 .

Dr. 3. B. Tetter,
[7.81111 “.:.:al , Ty.
De«fl‘fljoctor:~ .

‘ f“ heretcfcre advised, I OWfi inc CQ¢1 “3;
mlner l rixif in Oh? hundr9fl wcroc cf inn“ at lav nontn
of ’Mugfl .Tanu.”-u; L537 :1“Plrm ;rfirunu’ r. Lhyo :423 f

‘ tozatncr nfivc 9?c:t fiva mHWCre9 war?“ uddii final, pnvhfips

2 iii le;mart or littlz 19:1. ‘9 avvr cvwofi {mic
girog'émlh," :’1 fact. 51?, Prim IT E.':EJ'W if V-"LI-‘i he +4“ OL‘T’.‘
mutual inLLrett 1; gr: ii .pger l {we at? . cor} opar°tjon
igaialiid. L a?) arrvngeuwuts Vida are? ugau 7 fiup to
l n: :29 I.L L ; ing.-. a ?f f ‘a\ :33W' ‘uxxt': rqlci a tIHEl r : t *7 7 i’uqi301w,
ant ;’QJ u lsflfie hid ‘02: if @O”u for nWflfiiflv"rE?c~ ‘nfi
sigafiT l lJpQY! n ‘b': i? 31' t?fix <3Prm: gulf tar: nrwl
u ni.i’u;: rajfllt; 9f taco», Four fiJH five dull???” 00?
acr? ban unini at tare: Lne seagni jOfir an; incroaniu: it
to Five. Jusf ”nin» ans of {he tnreo voinq on two
property SWOUIC be dwvelOged, 1 Hfi in dmubt fibout, nun my
idew woulu he to @373 tnem 039$ tne vein up, tne onenings
to be Cleaned nut and fixed ug, meagtrements 9nd aniljsis
tfi3uy3 ::i tne vwnirliarx 01"tne :r1u2f ical ‘llEle agrirratSI' Hf: to
'wuien vein GJOLEd be ogcrated and how it smould fie developed.
It i3 my opinion twat it is one of the best small ogerutions
now undevelcged alum; the r ilroad in tuis county, and is of
size sufficient to duglicnta the Middle Creek operation here
at -reatonsburg.

The plan that l nave in mind is to organize a
mining company and to sell stock sufficient to put in an
OPBTQtJOU without installing an electrica1.plnnt until we
test out and find tne quality and marketable coal tuat we
want developed, after wnicn to provide for pOWeT and mucninery.
To make tne initial development will require about G3S,CUC.GO,
as I get it from estimates deQ by people wwo undevstnnd
tnese matters, and I nave accordingly opened subscriptions

 Dr. Fetter {2.
for tag stock and have 57,0UC.O< already subscribed find
several others have signified n willingnes“ to take n
small ‘wuount 01’2tflack of frov3,31,06('mW" to V3E,LPC»(Mi,'but
before u;iug veyy Juan into toe matter I would like to
know if tne Lr%. John C. C. Jnyo interests will join in a
lease upon tne terms indicated above, witu tne usual
covenants in lenaes in tnis district, nnd “Deond, would you
desire to subscribe for a mart of the stock in fine mining
(:cuin 5,21Iz;y , :41;(i j.j' t<\: , .;<; J s iiJCJ (z.

3% 800“ ms won och gva t:is wnf‘or ccrniésnfition
1 will Dc 31%” 10 “five you write me in ?elniion {M4r7f5.
I W¢u31 cane gown Io sew fal, hut For tu( f‘of inr’ “ ‘u not
flat atom“; vory 2017 aha nave mad to nnvv n homo rownvefi
frog tum little tsé fif ry rirhi foof, Wainn flrxw far arrweons
believed to be dead. Since tuen I an imn*oviwt cviéW::t
but hswe :u take Cara a? iuui Toct Wyn Fer of” of it v3
xuuc?‘ aV‘ l oosrribl3r Cfi‘l.

.itu all good szues ts «on and 1rfl. “Ptfer,
” Git]. Very :waspcctiuiiy,


A ._ a . i
4 MRs.dN0. C.C. MAYO (:0. y

eew 4

“Mum, ’?/7?7?;\§//‘i?3?\5
Ashland, Ky.
Sept. 8, 1919.
Hon. Walter S- Harkins,

Prestonshurg, Ky.
Dear Mr. Harkins:

' I wish to acknowledge receipt of
your favor of the 27th ultimo in regard to develop-
ment of land owned jointly by you and the Mrs.

Jno. C.C.Mayo Co., in the vicinity of Camp Brnnch,
and will state that we are entirely agreeable to

the proposition of getting this property developed
upon basis agreed upon in last proposition submitted
to Hon. Wells Goodykoontze.

I shall be pleased to hear from you further
after you shall have reached a conclusion as to which
of the three veins is the most desirable for develop-
ment, and the other details regarding the proposition
which you were not able to state definitely in your

This also has reference to the matter of our

‘ participating in the stock subscription.

I trust that you have entirely recovered from the
trouble you had with your foot. :

With good wishes, and kindest regar , I am,

Very truly yours, %—‘

 1 ‘ l
3 l
Feb. 10, 1920.
hrs. Jno. C. C. Jaye 00.,
Asnland, Ky.
Camp Brancn properties enc adjacent territories.
We own jointly with you tne following properties:—
William Amy 243.52
William honaker, 190.30
James M. Jones, 18.52
and own individually toe following properties:
Nathan Justice 42
John Layne, 38
Sill Akers, 32
Elias Kidd 51.9
Clarinda Boyd, 33

We have lessor for this property, OWganizing a new cor-
poration with 3 100,000.00 capital stock, for the purpose of
operating the same, at royalty of 15 cts. for cannel coal,
12 cts. for coking coal, and 10 cts. for other coals, net
ton, with ninimum royalties of 3 5.00, t 8.00 and $ 10.00
per acre.

We suggest that in order to eliminate many questions
that would otherwise arise that this property be transferred
to a corcoration on a stock basis of either 3 73.00 or 3 100.00
per acre, and the lease-- according to form gregared by Jr.
Stewart ano myself about two years ago, ween we and other
lessee for this grogerty-’ be executed .y tne corporation.

Please let us know your wisnes in the matter at once.

Very truly yours,

 1 . v > - 1
. ' >
\ .
./ .
‘ g i. . >11; .
‘ -w r , , ‘
' ..‘s'o JVIL." - ,. 1" . n. ‘
,. ‘1 .> "_.
- '1-. I, - ’ .1 J o u .
,‘ . . . , .
. 1. . 1:”
‘r , , A L _ 4. : . N V , r ‘ i. I u ‘ , , .
.1 ‘.‘ ,.. (I. . g n, , .. - 1_I , , ... , - . _
*' ~ ‘ ‘ " 1' W I In .
. . 1 . . , ‘_ , . 1.,»
- D I) _.1. .. 2 1 _ «l A k 1" , . ., . .
'; v~ : ‘ g ,1. ; .
N .1 A- 'x. r." '2‘. . . g ‘.
. ,~1
1:, i x" c - '7'.
. . . . l .
. . 1 .. . , ‘ , , ., ‘ .3 (. ,
‘ I". , 1&5; .1. i. . . "' I' .1- -' ..,. J‘
.« - -. ‘ ”111." 11.. ‘
, :.. v 1
,', .I‘ '.' ,' ’ , _ .
,, 1 1. ‘ _
. '1 .'H ‘ . ..
2 4 IL ’ I ”I , 1
‘ 3 ‘ ' ' I fi-n
‘ ' " ‘ . 1 . ' 1 i, .
.1 . 1‘)” a . , ',‘ _
_ ' ' t j , . . ...- r‘ I. . « , - — C ..‘ .
.. 1. e . _ _, a .
u . 1 / , . V , ’ 1 ,‘ 1 I . ’
(‘- 1 1a ‘ 4 \~” 2 I - . O
> ' - x _ w ., .1.
., , ‘ » 1 j ,1 - '1 “ .71 -’ (If :1? 3;
1 . . , ,. . n .
.. ' ' , . _ , '1 1: r . , , , 1 .:
.../1‘ I.» 1 .,‘ .1.. 1 r.. , , . i . .
. 1 , 1 '_ . H .‘7 1 y : . ‘ 31;, i
. ' ‘ . '1. ' T ' I - ‘ :'I' 1‘ '1‘. ‘ w“. 1 1‘ .' _,11 1 ‘ , ', ujf'r‘q ,
> ' p ,. _ , _ . , 1 . .' “I‘
' ., I f ' ' “ '_ I "1 , 1 ' .v . 1 , !_ '1‘ K.
» . ‘ N .. . W V
i l I ‘ . «on f " j “ '1" ' ' ‘ 3 1' > “I
.- “ s ' »
A ,‘.. ’4‘: - 1‘ . ‘ ‘. I“ - .) , ' ' ~ I .,
. ' * " , 1 . ‘ I! 1' 11o . '.
: - “j 11,1 y
P 1
‘ 1
1‘ ,’_ ,
‘ ' ‘ ' ’ . "w
t '.' ‘
“ » .
. \ ‘ x
E \
\ _ ‘ .
.- i

 . y ‘ aliifl
19 ‘
i“ t.
e ‘ 7
ASHLEHLET CE LVASA, made and entered into the “_.__gay
of fiebruary, 192C, by and betteen A33. JLC. C. u. MAYU COEPARY.
a corporwtion organiZed under the laws of the State of hentucky,
and wALTxh a. uARuIKS and JCJIE L. “ARAIRS, nis wife, parties of
the first part, and CigIRAL nmthRN JQAL CugPAfiY, a corporation
organizad undo? the laws of the State of Kentucky, party of the
-second part, Hereinafter designated as "Lessors" and “Lesaee”
Jiix;5&a$u: $nnt the lessors, in consideration-of
Lne hollur casu anu the covenants, agreements and stipulaions
herein containeu to be kept and performed by the lessee, md the
rents and royalties mentioned and reserved herein to be yid
by the lessee, hereby let and demuae unto the lessee for the
term 01 forty (4Q) years, or until it is terminated under the
further grovisions nereof. those Certain tracts of land i1
Floyd JOUth, Kentucky, gun on oamp branch, hereinafter are
particularly uesczibwd.
3 H(ND:- During the term of thifi lease tho sat
lessee snail nave the exxlugive rignt and privilege to mine and
dig soul in and from any and all seams of coal in and oomxsuid
tracts of land, LHO to ell, carry away and ahip the sameor
use the sage noon tne cemised premesia in making coke or other
coal yrclucts, Shipping such coal or oroducts, ana gsnerally to
use the said gremesis for any purpose or purposes incident to
said businoss; also granting such lessee the exclusive rignt and
privilege to take from said lands such timber as may be mned
by the lessors, or which they may have the right to take under
the deeds of CoHVeyance under and persuant to whicn they hold
the title to said properties; also such stone, sand and water as
may be necessary or conVenient for use by the weld lessee during
the continuance of this lenflfiuAflsufiaal as for the necessary

 construction and ognrution of roads, tramways, side tracks, .
switcnes, houses, ripples, inclines and other necessary imprQVe—
ments for mining, storing, handling, and shipping said coal
(includine 0091 from othvr territory ugon the terms hereinafter
mentioned;, but for no other gurgose, out no sand, stone or tim-
ber is to be teken or remUVsd from acid leased premesis or war-
ketefi oif the said gremesie.

X 115:« In consideration oi this leasr and the rignta
and privileges granted, toe lessee covenants and agrees to mine
all the min mole uni :wrshantable coal in and from said trvcte of
land, hnG by "mineablc and merchantablc coal“ is meant coal whicn
then reached in operations hereunder could be mined Vito reason-
able profit by the use of methods and machinery than modern and
efficient, find in hwy upon the terms and conditions herein con-
tainrd, royalty yer kll coal mined end snipped from or used upon
the Jemieeo premesis at the rate of fifteen (lgfil cents pr ton
of two t~0usnnd ,ounus, applying to all Csnnel coal mined and
shipped or use: upon said demised premesis; and twelve {lfifl)
cents per ton of two tnousand pounds, applying to $11 cokhp
coal mined and shipped from or used upon said demised premesis;
and ten (10%; cents per ton of tvw3 thousand pounds, applying to
all other Coal mined mud shipped from or used noon the demised

Above nvynlty to be paid and account for as follows:

\ 81-montnly, and that is to say, on or before the twentieth day
of February, April, June, August, October and December for all

coal mined and shipped from said demised premeeis , or used upon
the same, for the period embraced in the two proceeding elon-
dar months.

gygvided: That whether or not the quantity of coal
mined in any other years during the currency of this lease shall,

-a- '

 at the rates of royalty aforesaid, amount to the followiu'sums,
fixed minimum royalties shall be paid by the lessee to the
lessors as follows:—

For the year ensuing Aaron 1, 1921, R 2261.W>

For the Jon. I‘ Cunning: sarch 7, 1922 , 3.615}. ‘72

For the year ensuing lurch l, 1923, 4523.40
and tnerenftor and curing the full terms of operations under
this lease the minimum royalty of Four Thousand Five summed
Twenty-three and 4C/1VO ($4523.40) Dollars, payable hi-monthly,
on the dates shove specified.

Snauld the lessee herein at any time fail to pay
tun royalties Heroin provided at the time the same become
due and noynhle under the terms nfthis lease, said royalty
shall bear interest at the rate of six per cent per annum
from the time the same became due and payable under the
terms of this lease.

ECLHTfi:- It is agreed that in case the lesseeihall
at any time be preVented from carrying on operations upon the
demisod premesie by failure of railroad to furnish necessary
transportation, or a strike, riots, damage to or destruction
of its improVementS, machinery or slant for more than ninty (90)
consecutive days, it small be released from the payment of
an equitable proportion of the minimum royalty for that yrar,
the said equitable royalty, if it cannot be agreed upon, to be
determined by arbitration as in the arbitration clause herein-

\ after provided, but such minimum royalty in no event is to be
reduced below twonthirds of the minimum to be paid for that

FIFTH: The lessee agrees to commence work upon
its mining operation with all diligence and dispatch, and


 within ninety days from the date hereof, and to work

and mine all seams of merchantable Coal that can be mined
at a reasonable profit, and carry on mining operations in a
careful, skillful and workmenlike manner, according to the
rules of good mining, and Comply in every respect With the
laws now, or hereafter existing in the State of Kentucky,
regulating working of mines therein, and in such manner as
to mine all merchantahle coal practicable, and to have due
regern to the future value of the demised yremises as a ,
coal property, and leave no more availeble coal in mining
operations or workings than may be necessary and proper for
the security of the mine.

SIXTn:~ It is further agreed tnflt the lessee
shall during the currency of this lease keep in his
employment a competent mining engineer or superintendent,
and Shell make, or cause to be made, an accurate map or
plan of the workings of sucn mine on a scale of not more
than one hundred (100) feet to the inch, or other scale
provided by law, showing the area mined, and the form of
excavation, and future plans of operation, and deliver a .
copy thereof to the lessors or such perSOn as they shall
designate, within sixty (60) days after the first day of
January and July of each year, which shall also show the
mine work done during the six preceding celendar months,
and also furnish Copies of such maps and reports as from
time to time lessee shall make to the Inspector of Vines
of the State of Kentucky.

gyygggg:- The lessee covenants to pay all taxes
assessments and governmental charges that may be levied or
assessed against said tracts or parcels of land or the
pnaperty, rights and privileges hereby demised, leased and

‘"°“"“£R2230§32’$2“f§3f" “ L” .

 let, or against the leSSOrs as owners thereof, and on all
lands or interests therein hereafter acquired by lessee, and
on all improvements and betterments erected by the lessee

on the leased premises, and on all the coal mined and purchased
hereunder; and in case any such taxes, assessments or
governmental charges are paid by the lessors, the same shall

be promptly repaid by the lessee. All such taxes, assessments
and governmental charges, general or special, shall be paid
promptly by the lessee as the same shall become due and
payable; and the lessee covenants that he will exhibit to
lessors at any time upon reseonable request, legal evidence

of the payment of all such taxes, assesSments and governmental

gigg1§:— The lessee further Covenants and agrees
that he will not knowingly permit the barter, sale or
introduction of any spirituous, vinous or malt liquors upon
the said premises.

NIHTH}:- The rent and royalty hereinbefore mentioned
shall be deemed as a lien reserved upon the demised premises,
and the property of the lessee upon the same, and this lease
and leasehold estate shall be subject to a lien for all unpaid
rent and royalty in favor of the lessors and may be sold when
same shall be due and unpaid ninety (90) days or more, or
at the election of the lesSOrs sucn lien may be enforced by
suit in any court of competent jurisdiction, at any time
after due.

2§fi1§:- The lessee agrees to keep true and
faithful scoount of all coal mined by him from said leased
premises, and to render the lessors on or before the 25th
day of each month a statement showing the number of tons
mined from said premises during the preceding month,

Huuuns AND HAkxms
‘"°"""£i’§¥o$§$lfi‘§?f‘ “ L”

The lessors personally, or by agent appointed by them for
suon purpose, shall have the right to inspent the manifest
books of lessee relating to the anount of coal mined and
statement of any transportation company showing the amount
of cool shipped by lessee by such Company, and also the right
to inspect the demiseé premises, the lessee's maos of seme,
take maneurements of coal mined, of the entries, mining ways,
etc. The statements for royalties Snell be made upon
weights furnished by the railway or transportation Comoany
as to coal snipped and residue by weight or measure. The
lessors shall have the right to freely use the leSSee's
means of access to said mines and works without nindrance or

nLEV3NTH:- In case the lessee shall foil in the
observance of performance of any of the terms, Conditions,
covenants, stipulations or szreements herein contained,
including that to pay rentals or royalties or other amount on
whatever account, end any such failure shall continue for a
period of forty-five days after the lessors shall have given
written notice of such default to the lessee, and of lessons'
intention to declare forfeiture on that scoount, without
counter notice for arbitration executed or mailed as hereinafter
provided within said forty—five days, then and in any such
event at the election of the lessors, the term and leasehold
interest hereby created, and all of the rights and privileges
of the lessee hereunder, shall forthwith cease and determine,
and tne lessors shall be entitled to enter and take possession
of the properyy, rights and privileges hereby demised, leased
and let, and all improvements thereon, as well as any and all
other lands owned by lessee and used in connection witn tn;
leased premises, and REAHAW£E9X£EentS on the smne, or any of

Passronsnuxo. KY.

 the same, and to exclude toe lessee therefrom, and to hold
all the same free from the claim of the lessee, anything
herein conteined to toe contrary notwithstanding.

But in csse toe lessee shall deny the breech
of any sucu covenant, condition, stipulation or agreement,
the same shall be submitted to arbitration as elsewhere in

> this lease provided; but pending arbitration tnere smell be
no cancellation or forfeiture of the lease. And upon sucn
arbitration if the arbitrators find tnat s breech tnereof
by tne lessee nus occurred, tney small give tne lessee a
reasonable time,to be fixed by tnem, in wnicn to cure the
default; end if at tne end of toe ;eriou so fixed by Swid
oroitrntors in whicn to cure such default, toe defnult
has not been cured, the lessors smell have the right to
declare forfeiture absolute of this lease, enfl to enter and
teke possession of the property, rights end orivileges hereby
leased and let, togetner witn all such improvements and other
property of the lessee used in Connection Witn toe leased
premises, without accountability tnerefor; and toe Same, and
all toe Sine, snsll tnereupon beCoue the property of the

A waiver by the lessors of any particular cause
of forfeiture, shall not grevent toe forfeiture and
cancellation of said lease for any other cause of forfeiture,
or for toe some cause occurring at any subsequent time.

TMJLETn:- The lessors reserve ell enlt wrter,
petroleum, oil, and natural gas in, on or under the demised
premises, and reserve the right to bore for the same, and,
if found, the right of way for pipe lines to convey or
distribute same from the demised premises; and the right to
place and maintain up%gnkqgflggmised premises tanks for

Passronsnuno. KY.

 StO 7'1“”: IN! ..: “..' ’ .7: ‘1 ‘2. C Tyl’il""';.-7 Eff 19" ~1~ ‘L "I '

if: tins- roitx‘tion "2 ti"i=~',z;x1"t'v‘i.-i.'iz' 1"3 1')“ “l"‘4*§ “‘:‘i'-’~‘”"-:"?:*o
1;‘,w‘i,. 0.1.”; {Hafiz-3. 44'111113'5‘7' ‘.1'3 _}I§.y€31i152‘5! "" Jill. Elf; LC 2331154;
5:5.”11 ‘11.! 1..: sixfmt‘fV‘W‘ -.i.t.: or =42" are? ‘.‘m'. 1..-=F-u'13'fii

Q .227,L"1Li{)1;i~ ”"0- "' ' -

.’;'..;:- s it"TPFCTT' ...» rm '.rirr' 1". in :‘iz'y
“rumor LH'.‘ L't'in ac; ii "curingg rigre'L-‘f up“? ..‘I’i‘..3.1rl;,’,~.‘"".‘.i
timid-,3! L£;L'_-iHi"‘.l, 1e 3 s‘tu’i Hid ng‘t ‘4.th tm' 1(.""Sf=€r; Lu". ii‘ the
111.15. {,‘J. :,H'L .‘.i"$;¥-‘x;‘7‘£3 ta / .'.i‘.‘ 2.)? ...irrf-l' ..ril ::.' LRR‘..1€3
to ._:’ L,“ :1 z" ,- 1i. .,jnn "Nev ."v': ‘31.:'. “if; m. “5:710 ._ 113%.": ,
1i’>r'.~tr2.% wt, mum} ‘..m 23¢2.;"-"-.'=:t"‘2 iii-2 1'1“..le .2.;

MU“ L'itvir.1.ni 51133:.231521'} :..,f '."'.‘.":<:I: 1 oi the“:
see: .ih» xiv ~nc 3*Vuu “I“wir ii A ‘”aJ 39"T‘ ig 103“ 30
{w lazing" :',,._ 5:3,» i" f};‘ naa‘j‘..i.;j£,€*:i ..‘3,’ tzw fiuL’NL 131‘. 1.2513
',~»...'.I_C,_y f: ")2, i_.,",(- +5'LE 2:3" . 'i'hfii,:r.“C:f L15. (7) 1. UK: 1 "’...: 35.0 ,.‘1. ”‘.L-'53, filf‘en
‘2n3 L1. in: 1. “Vin“? fir" 5'11. x: 1.1. '3' 1'11 bi“. 13715-4 ‘5’; ”(Hui 3.'-"-'~"5in“-3
1:;" In: 3:.-1:569 on mwxcuni 05 Law cord. 12.32%; ’..uu in trim ernt
1‘01:le (.1. L')’. doi'i :2:: 3.0m 9 “hi:- "The? of «Liv-3‘4: J‘-x.~-= ‘.‘iOI‘
ow.- L:;;c.i...,_; title .'.-'4'. ..:»vr'r. wig for :3; in, 15239;??? the
ref-1‘41 =Lor Li. :,ng ii'fiiiol‘i’ 52"?11 1‘99"?! ‘9“? 15’5“? {71'3”
512:; on 1m.- we “c 10552 to tut leafy—tie by re: Sign Q: egg;
ou';:tz.LL-Lizig eupxrigir 2.1119, but not, I'Lo‘.~.ever, e;.;;L-.v:-.x..in.,;. in
day Him. we '.-.‘~y=~'i;,,. 1113’": Pearle, wit“ i'n‘t'iireei 11‘s.; Gum;
fins-L '...iu.‘«;c'~--1.ioxi, be": 355411 not in am)! other manner, 3r
on “VJ utiylf‘: 5Q”). -_;n1_ ‘QC‘ li'dblfi Li} 1.6}8’55'3'0

..'.». “er ".1,’-}.1 .’lzt‘J‘; the =:-i,",5‘ot, witain turf!)
[:.‘Crlxtnli‘ .'.-rl‘tw? =JuL-v. ,ilh'.1 - ..,ju.Liv.':r'-.Zion, in Joicu to mnemree
tm:- 00-11 cm lust; and ii" Lu; gum-raised ‘cy the 1:;-sears. it
small t‘vziermzmn become gert 0f in"? 'iifi‘j'm’d' graces-is the
as as if now owned by the-2 lessors in gerfect title; but


 Should the lessors elect not to purchase the snme, then
and in that event the lessee shall have the right to purcnasa
it, and shall have toe right to mine said cool free of
royalty; and so fer as the lessors have toe right to grant,
to transport the same over, trrougn and across the said
tracts or parcels of land, by the payment to the lessors of
one {lfl} cent per ton of 2000 pounds run-of—mine.
FOURTyfigfig:— In the event of any difference or

disputes arising between the parties hereto, growing out

\ of the terms of this lease or the construction thereof, or
the operations of the lessee, or rights or obligations of
lessore, or lessee hereunder, every such qtestion shall
be determined by arbitration in the manner provided for in
this article; uni the feet tnet arbitration is Specially
provided for under certein clauses thereof, shall not be
deemed to exclude arbitration under other clauses where not
so specially provided.

The parties nereto do hereby covenant eecw :ith
the other to comply with and carry out promptly the decishn
or awards of any end every Board of Arbitrfition appointed
under this Article. }uestions in dispute to be determined
by arbitration hereunder shall be referred to 2 Board of
Arbitretion, consisting of three Competent disinterested
versons, one of wnom small be selected by the lessor, 2nd
one by the lessee, and tne third by the two thue selected;
or in case of the failure of either party to select an arbi-
trator, or in case of the inability of the arbitretors
selected by the lessors and lessee to agree upon a third,
by the tnen Judge of the Jistrict Court of the Lnited ‘tates
for the eastern Jistrict of Kentucky. The party desirhg
eucn arbitration shall give written notice of the same to

_ Arrows” AND CouNsauons AT LAW
Pnzsronsaunc. KY.

 the other party, stating therein definitely the point or
points in dispute, and name the person selected by such
party as arbitrator; and it shall be the duty of the other
party hereto, within fifteen days after receiving such
notice, to name an arbitrator, and the two thus named shall
select the third arbitrator. The arbitrators thus chosen
shall give to each of the parties hereto written notice of
the time and place when and where the hearing on such
point or points in dispute shell be had, which hearing
shall not be less than ten nor more than twenty days there-
after, and at the time and place appointed shell proceed
with tne hearing, unless for some good cause, of Which
the arbitrntors or.a majority of them shall be the Judge,
it shall be postponed until Some later dey or date, but
within a reasonable time. .aoh of the parties hereto
shall produce before the arbitrators any evidence or witnesses
within its possession or control, called for by any of said
arbitrators. both parties hereto shall have full
opportunity to be heard on any question Submitted, and the
determination of the hoard of Arbitrators thus constituted,
or a majority of the gersons composing the same, snail be
made in writing, and a copy delivered to each of the
parties hereto, and Shall be final and conclusive upon the
parties in reference to the question or questions thus
submitted. And the said arbitrators, or any two of them,
may, in their decision or award, as a part thereof, decide
by whom the costs of such arbitration shall be borne and
paid and the amount of such cost.
If the arbitrators find, and so award, that any
* default has been wanton, capricious or due to such gross
negligence as to indicate, upon the part of lessee a wanton
‘"°“""3R2’§EOS$LZZ".“KTS “ L"”

 agreements and stipulations to be by it kept and performed.

The word ”Lessors" whenever used in the foregoing
instrument shall include the oeirs and assigns of the
parties of tne first pert, and the word lessee in the
same shall include the heirs and assigns of the said parties
of toe second part.

§EV2LILCITn:- All houses, snaps and equipment,
woetner of“u permanent nature or otherwise, including the
macninery and similar equipment used by the lessee here-
under, shall be erected and maintained upon the prooerties
hereby demised, leased emu let, and not elsawbere; and all
buildings susceptible of insurance as similar buildings
are insured in other operations of similar nature, snell
be insured in some resgonsible company, at 23 large an wmmnt
as may be procured; and all money received from insurance
companies for destruction or damage to such buildings, shall
be used in the erection of otner buildings in lieu of tnose
destroyed, or to repair toose managed.

ijGnTEEHld:- Lessee covenants and agrees test it
will not work any mineeble and workable seam of coal, or
remove the coal tnerefrom, in advance of similar operations
in a higher workable seam of coal; but tnet in all instsnces,
toe oizoer seem, if workable and minenble hereunder, shall
be so worked and mined in advance of all unuer it.

LILESLLQgggf Emile tne minimum annual royalty is
named in tnis lease as the minimum amount woich lessee is
reqtired to pay, whether toe amount of coal mined at the
royalty nereinbefore provided amounts to said minimum annual
rental or not, it is not the intention of the parties nereto
to limit the nmount of coal to be mined to such an amount
as will produce said annual rental at the rate aforesaid;

Pnssrousnuxc. KY.

 but the lessee COVCHQHCS and ,greos to yuan tee dawn moments
=1nu the ninirn; of co 3. h<1r=xamis1'vfr3.a tip; e=214 .xcoux-sis :13
ragiily, »nd Lo as great an JAtSflt, as is reasanduly aractie
cable, so ant tee lessore may gflt the full benefit 9f the
royalty upon Lue seal in said l‘asc7 urenwsis in the shartest
reheautCls time, lessce‘s lent, labor and market v niitiona
anu transportation ffdliiticfi consiacred.

T thlglu:‘ fins giving of notice er the hiking
01 any demand by the lessee under the ;rovisioms hCrfo shall
be sufficient ii in writing fiddrcflfifih to fine leesnrs, ‘rs.
Jno. x). Q. hayo Jowpnuy at ;nEHILnd, JOyd County} Panitucky, and
to :aiter C. QdFKihS emu Josie i. xzrgins at Irestcnsburg,
jloyd nounty, xeniuekj, .nm TGF”HC“EU bf registered tail, and
like notice upon lessee shall be in ariting ejfiresszd to it
at its Gael: oiiice wt ;restonecura, fienttwky, or “ten other
oiiice of the lessee as an; hereaftzr froa time t3 til? be dee-
ign tee :y it. Tni C ya ;mali b; iaueidernd reasonable no—
Lice or teflfihd. Return rvcei)? anal} he demenfiei for revis-
tereu Letter.

in case at amends c1 address of either party herein
the one so Jfiflhéiflg sunll @iV¢ native thrrscf ans designate
the address to which it is desired swan notice be sent; and in
tue essence of sucnlzmidte in acoucdunnv with ini” section,
notice given to tan addressee vbove r %jfiCtiVQIj stated,
shall be dashed sufiicient.

qufiiY'Elafiiz‘ The lesser: Turtfier grant unto the