xt70zp3vt865_86 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. 1921-1942 text 1921-1942 2016 https://exploreuk.uky.edu/dips/xt70zp3vt865/data/63m46/Box_13/Folder_3/0001.pdf section false xt70zp3vt865_86 xt70zp3vt865 s,:L1WoHre
f¥1‘*4"":-\;m-.=. w - . - \
January 4, 1923.
Fr, Harry Kaufman,
906 Standard Life Building,
Pittsburgh. Ponna.,
Dear Sir:.
l have your letter of ‘e let. inst, in reply
to mine asking that you come down her: . ma ' my party regarding
. a matter of some 100,000 to 150,000 a .,. of c; . land in Kentucky.
There is no use talking about 8 o' .t4 Q ~ : matter to you by let-
ter, as suggested by you. as ; ‘ not going to do so. If
you are sufficiently inte +ed .._. to huntington for a con-
ference. I shall be glad to go a meeting. but if not then lets
drop it.
Your: , y truly.
Iﬁﬂizf.
COPY: lr. Josepi‘ra 1‘.1. ':larkins,/
Irestonsburg, Kentucky.

 Februazy 8, 19KB

Er. Ricuard V. ﬂood
iSSistoﬂt :chctary
Fennagrade 011 a Gas Co.
Lbuisville, Kbntucxy
ﬁnar air:

38:1y1n; ta ;Lur ;Cu or a; rebruary 5th and _chiaus
corres‘ondcnce agd discussions ,crtaining to the Side Lat—
ter, I be; to advice txat ;he ccntract between the 16:3a—
grade 011 a Gas Co. 52d th Louisville Gas & Llectric 00..
hearing ;acc Li; 1, lQﬂﬁ, rovides in {art as Jellcws:
" The fixst ;arty agrees Lu sell and th seuoud “arty agrees
to buy natural gas wndcr the follcwing terms and UﬂhdlulDﬁSI-
The firgt gusty Agrees t0 @xill and develo; its loliiggs so
as to enable it to iclivsr into the lines of pie second party
against a ;resccrc of 330 Lurdrcd (100) ;ounds \r avuarc ind;
above atccs here, maiytaired on the suction side of :10 Lay-
tomn co; reasoza, five million (5,000,000) cubic feet 02 na-
tural 3m: daily, are ﬁle secoyd _arty agrees to buy flan the
Lirct kart; 5.Hininun of eight hugdrec million (Guy, 63,; 0)
cubic feet of gas *cr year ;or eacL year cndix; Jnly lat. or
in cast it Lalla to Tire a‘ch mxﬁunt, to pay the ;ixct party
for the ailfercncc between sue uzounu rcyrcsentci by ciqht
hundred million (800,000,930) cuklc feet and the macunb it ac—
tually took, in addition to ;aying ;or ﬁne amo at it actuallyb .
toox, prcgidcd, Ecwevcr, that cram d tkc second ;arty fail to
take czaid minimum of E32 ”111‘. Eluzﬁrcd .';illicn .(Sﬁji-Gﬁt’vii ,=;§Oi)) cu-
bic last 01 333 in any year dvring the tcrm of Elia congract, *
the seccna ;urty shall have the ri;bz during :tc next succeed-
ing year to tglc free 0: lurt er charge thcrclcr the éiircr-
ence between the number of cm is fact of gas so Sﬂfﬂﬂ and the
Lumbcr of Cdbic feel an *aid for; wrovided, -urclcr, that no
Luci free gas shall be taken in any one year u til the mini-
mum number of cable zcet (800,300,400) herein mrovidcd for,
n all have been talcn _nd ”aid for in that year. In case the
muonrt of gas talcn and paid :or in any year is in excess of
Eight Hundred Killian (aoc.uu.:,e3xoo) cubic feet, then such ex-
cess shall be credited against the ninimum amount of gas dur-
ing tue following year.

The xirut warty also ag.ccs that sLould i9 be able and
should the second ;arty no dcsire, it will endeavor to in-

 February 8, 1923
#2, continued.
Mr. Richard V. Wood
crease the above outyly of five million (5,300,600) cubic feet
yer day. '

It is further agreed :1;; should the second 3 rty be able
to use more than five mi lion (S,30$,CSO) culic feet of 353
;cr any, and should the :irct ,arty be able to an ;17 L036 Lhan
five miilion cubic :cct 0: see 3LT dsy, then LDt ing ii this
agrccicnt shall prevent the second arty iron tejing a; ;uch
gas it can use, not cxcccdin3,howcvcr, twelve ;illion (42,; 1,350)
cubic feet ”or any, un cos mutunlly :grccd ufon. In 0230 ecc-
ond xerty 33:11 desire to cage go: in cgceee of five riilion
cubic feet ;cr day, and in 0329:; a: tie cegacity of ti; first
,erty at that time to deliver gas, than LGCCPd party 21:11 give
to tie Jiret grrty sin months' roticc of its desire to take gee
over and above five million cubic :eet yer day, and shall state
the amount of gas that it will agree to tale.

It i; mgtuclly agreed, ltvcvcr, thLi zlould, in any ;car,

~ the 3303;; of ;ne w.ich the first ynrty is able to deliver into
the line of the second ;nrty fell below the aforco id amount of
five nil-ion cubic feet ;cr any, tlcn tlcnicreezid minimum of
cith hnnﬂrcd million (800,000,003) cubic feet of gas civil be
reduced :rogortionately.

It is Iartler understood and agrcci that whetiﬁ $40 United
Ststco,hke atntc oi Ken;u:§y, or ou or Governuc tel spagcy at
any time Carina tic Lean of th;s cwnzrncz litit pie _roﬁuction
or sale of natural ans in sueh.a may as to reduce LL: maount of
gas wiich one second garty vonld otherwise have been able to

\ obtain hereunder and to discriﬁute and sell, than the ninimum
amount of gun to ”e taken annually Lercun;nr shell be ciwilnrly
reduced.“ .

Tieee Jrovihlonc are tnscn verbatcn from the contract executed
between the two Com cries in loco,

inc contract between the Ecnxagrade Comyany, The Beaver
Creek CanLrny and the Louisville Con any, dated i set 15, 1921,
frovidcs in wart as follows: ‘

' "It is covenanted and agreed between the portice hereto that
during such time as the ;arty of the secené yart shell ireduce
from euiﬂ lease olds B.ffiCiCnb gas to hold the suction ;reecure
'at the Haytown com_reeoor station of the ;erty of the first ;art
at one hundred (100) ;oundc, the party of the first yurt shell

 February 8, 1923
#5, continued.
Mr. Richard V. Food
not make into its Lines any gas oLhcr tLan thet ;roéuccd by the
;arties of the iiret ;art and secund *arts.
the Jerty of the second ;eyt hereby agrees and binge itself
to sell to the ;eriy 0f the ;irct ;ert, at tbe wells, all of the
gas COHMGICifily marketable for doueetic use in the City ow Lou-
isville, Kentucxy, reduced by it Irom:.aid leasehold; at the
following ,ri ea, ;o-wit:
Six (6 cents) ce ts ;e: thenemed cubic
feet for 111 3am t? en 1310: to Eccen—
' her 1, LOTl;
Si; and one—half (6-1/2eente) CCyts yer
ﬁhnuenyd cubic feet 3:? a41 gee ﬂagen
Iron December 11, 1321, to love be: $3,
1922;
Seven {7 20:18) cc;tr ;er thcuea;a cubic
feet ;or all gas taken from December 1,
1922, to Envoyber 30, 1023; and
Seven fTC eyewﬁmlf (7»1’2 cc: 3) 3thi; ;er
LTnusane cubic icct :5? all gas texen after
November 31, 1923.
ﬁne the ;arty 0f the 3 ;s$ Vﬁfi Tereb; COTCLaxt: and agrees
thai it will ease and .03 Le: at uie (JiHCS ufsreeeid gas comaer-
ciz1ly uui;ctauie for Cogeetin use in die CiLy of Lauieville,
wreduced h; the ,arty of tgc scccvd ;‘rt from Laid leaseholds and
when emid gara; er the second ;art a 3J1 Leve develeged from said
lease 01c; eu»rieie:t gas to euﬁhle it to deliver, can mwcn called
vgon 50 ie do, 5.51; deliver at tic antown CﬁﬂgrﬁLéOr station not
less teen 3,750,000 cu. ft. of 53: a day ageinst a irceeure of 100#
per sq. incl ;bcve ntpoailcre, 11c yarty of tie first ;art sﬁell
thereafter take and .ay Jor a Jininwy.guanzity of 696,&00,90 cu.ft.
a year; ;rovidce that should the ;arty of 11; eccend (art be unable '
in any year to eeiiver 3,750,003 cu. ft. of gas ;er day under the
cenditiens aforesrid, then the niuinvn yuaxJity of GO&,UOU,UO cu.
ft. 3 all be ;Te;ortianately ICLusud £0; :00? year. Sroviecd further
that in tbe CVULt awe ;arty of LL; zirst Jeri shall fail Lu.ing
any year to cage the minimum. maniity of gnc as Lercinebove pro-
vided, it shall nevertheless gay 10? such xinimnm uamtity for any
such year, gravided further that if in any year party of the first
gart gays for gas not taxen by it, it may, curing the two years
O

 ‘
Febrwary 8,1925
#4, continued
Mr. Rich3;d V. Wood.
next succeeding, after taking and gaying ior its aforesaid gini-
mum for each year, taxe wihnout furbger Jayuent gas _aid for b;t
not taken during such year, and if in Lug year it takes and gays
for gas in excesu of its minimum for such ;ear, it any reduce its
taJine during the following year by Lhe uuuunt 0; such egcece.

T46 abieity of ;arty of the second :art to deliVor 3,750,000
cu. ft. r day against a ;rese:re of 130 gounde as so: art in the
foregoing ;uragra_h, is conditioned u;o: the msrun;tion Lh t the
deliVery be made tirough the jyeeeat eiglt inch line from Huytown
to the Hoyth of ”ileon Creek, a Si; inch (6") e EGRSEGH 5:03 Garb
to thecaegcn corner sgeoi.iec in oectiun é sue tfo inc: (0”) lines
from said six inch to the Belle, :HCLLCI 213 note 1 gooeihu:ation
and size of wines be such or 03L¢31;:c.

It is agreed that eeid 5;; ;.;11 1C Lejen at tie welis on a

' basis of eiLLy (60) degrees EaLrenheit at a _geseurc oi Len (13) '
ounces above an atxoe;go:ic -:eee In sf .ozrtcov ané six-tenths
(14.6) $04nds to the e ‘ ,/ ..(z. , 1 ' ,‘2 ,
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HARKINS as HARKINS 4
ATTORNEYS AND COUNSELLORS A'l‘ LA‘V
PRESTONSBURG. KY. -

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 - (COPY)
March 1, 1923.
Messrs. Harkins & Harkins,
Prestonsburg, Kentucky.
Gentlemen:—

I have before me a copy of an opinion given by
you to Mr. J. Barton Rettew, of Philadelphia, under date of
January 22, 1914, on the Morse, Young, Gallup and Sowards

, patent No. 38181, covering 86000 acres of vacant and unap-
propriated land in Pike County, less exclusions of 36000
acres previously patented. Also a supplemental opinion to
Messrs. Gillett & Clark of Bay City, Michigan.

At the time you made your investigations, Mr. E. B. Foss
of Bay City held an option on this tract, from the Liquidator
of the Eastern Kentucky Land Exploration & Development 00.,
an English Corporation, whose titles were and are held by the
Merchants-union Trust Company of Philadelphia. Also at that
time I was a member of the law firm of Dexter, Osborn &
Fleming of New York City, who were then the attorneys for the
Liquidator.

Mr. Foss was hilled in Bay City in an automobile accident
and the option expired. The war intervened and I was abroad
until the summer of 1919. Upon my return I took up my resi-
dence in Massachusetts, and Mr. Dexter having died, the
Liquidator appointed me his attorney in fact, and I am now
his sole representative.

The Liquidator is now anxious to wind up the affairs of
the company in this country, and I am writing to inquire if
you can suggest any one who might be interested in the acqui-
sition of these titles, a list of which I enclose.

I might state that I have a very liberal, though contin-
gent arrangement, with the Liquidator, and believe I can
make it well worth while to any one who can assist me in
making a disposition of these titles.

Awaiting with interest your reply, I am,

Yours very truly,

 «- .'.
l .7 ‘ ‘ ‘ ‘7 VI
W’ . #3, CENTRAL TRUST (JOIVIPANX OF ILLINOIS
y 73%;: A; CAPITAL AND SURPLUS $ 7. 000.000.
2 u—uf I l" ’2. {,9
Fr ,1 ._i ‘
,jui,w,wvﬂ1 MBEJ V
E ELL All Hail Ur"
" E Iiiiiiu, j I" l“ j 125 WESTIVIONROE STREET
1‘;wa Eﬁﬁ “:1?-1373:145 \‘YILLIAhl ILDAWES,‘VICI: PRESIDENT
.-. 4f“ 7,7 ' ,_ MILLAH BnAxNAnn, Aus-erux—zl’nrza.
you»; use» CHICAGO.
Naroh 2nd, lfFS.
Vr. Richwrd Eean, Pres.,
The Loulsville Nationkl Eﬁnk,
Louisville, Ky.
Dear Mr‘ Lean:—
. l think it would be gossihle to
work through my friend in Massillon provided the
proposition checks Up C.K. in all particulars, and
there is enough money in it to gr~-ee the wheels
. all along the line. As you know, mrtters of this
kind are rather ticklish end will have to he handled
in exactly the right way or somebody's case might be
prejudiced. If you will send eome further information,
I thll be glad to see what I can do.
Very trula yours,
/‘ xﬁ ‘ /
II 2W ' I:
ll' . «
bib/M MAM
y /
Assist nt Vice ”Afsidrnt.

 , t
* THE LOUISVILLE NATIONAL BANK
CAPITAL $500.000.00 SURPLUS SIO0.000.00
' LousvuLE.Km
BRANCH OFFICES JOHN H, LEATHERS. CHAIRMAN a: A, DUERSON. Ass'T CASHIER
March 5, 1923
hillar Brainard, teat. Vice Fres.,
Central Trust Compiny of Illinois,
Chicago, Ill.
Dear Mr. Erainnrdz-

I have your letter of the Second, which, with a copy of
this one I am sending to my friend J. D. Harkine, Preetoneburg,
Kentucky. At the same time I am asking him to write you fully
concerning the proposition and I am urging him to be entirely frank
on my assurance that the information given Will be used in the
present connection and that you will not pass it on to anyone else.

Mr. Harkins is an old friend of this Bank and several
days ago he came here and told me the story of Ford's recent offer
on 1 coal company of $?0,000,000 and the manager of the Company
at the last minute raised the asking price $9,000,000, and Mr.

Ford had declined it. .

hr. Harkins feels thut if Mr. FOrd can be persuaded to
renew his offer for sixty or ninety'daye, that Mr. Herkine can gain
control of the Company and mike the sale. He says it will take
$6,000,000 probably to do thin but I believe $6,000,000 could be
raised by your Company on i definite offer from Mr. Ford with the
distinct understanding that no cash rill be inVeated unless the
deal actually goes through. In other words, we must get Options
on the stock as well in the offer from Mr. Ford.

About the time I wrote you the newspapers commented on
the fact that Mr. Ford had been in eastern Kentucky and had bought
a small piece of property but that he had not closed his punchine
of the Elkhorn property under discussion.

Mr. Barkins will write you fully about it and till core
to Chicago if you want him to and I 2111 Join him there. heat ‘
assured that there in money enough in it to 'greise the wheels!
all along the line provided some institution like your own can_
make the necesaary contact with Mr. Ford to lend stability to the

 . THE LOUISVILLE NATIONAL BANK
0 CAPITAL $500.000.00 SURPLUS $100.000.00
‘ ‘ LOUISVILLE. KY.
BRANCH OFFICES JOHNA:|.D :::TNHESSQSICDZZI:MAN zgﬁé‘oﬁEEESETNAE:;'a:§‘_:“::'smu

Page 9 ”.3.
whole matter and or course, to furnish the $6,000,000 if
they approve of it.

ﬁtter you consider the matter I suggest that some
of your Officers spend two or three days in the neighbor-
hood of the property with MD. Harkino and I vill be glad to
Join on that trip too.

Mr. Harkins is accustomed to handling pretty
eizeable transictiona ind the proposition he made me the
other day is not just i cream. His prOposal was that I
got a third party and that the three of us uivide a profit

‘. in the transaction equilly but both he and I are subject

to persuasion and will do whatever is reisonable. We can
get together a certain amount of money but of course, we
can not approach a trunSAotion calling for the amount
this one nose.

I think there is a possibility of a big deal. I
think it will be worth your while to investigate. If
hr. Barking is at home now doubtless you will hear from
him-by the 10th. Just let the matter rest in abeyanco
until that time.

-Yours very truly,

RB CM

 J \\
J jg. (‘ ‘ J '11 V (‘ ‘7 V I Y 1 i
_ 1;; )luNTRAL {UbT JOMIKXNX 01* LLB OIb
. -3* ‘ '3.» “m
tLr ’ —Z-'--v*V-_-__; , ‘
saw; (JAI’ITAL AND bURvas S 7, 000,000.
"F 1.-.. L , -. 7‘ " 3113-3}
ﬂ. 1;“ ”Mg..- “3‘ 3:5 J
~1.'_l§;J_.‘, H-Jﬁ ‘. £31 _
? i In; H [:.- i. 7 125 \VHST)I()N1:0E STREET
;"‘. L_‘lq";““,;- 3
JU‘I‘WF'IIEW‘“ “ " ( “W 3' ,“23‘1‘3 \‘VIL’ [ALI 1!.DA\“'I':S,‘VI(‘IC I)I(l-‘.SII)IZ x1-
fryA:t-J;éJJ_€‘;;g ﬂ Mn. ._\n BquxAun, Agsu-Yuu-zhum. (‘J IIICA(}()9
March 13th, 19??
Mr. Richard Fehn, “res.,
The lnui evil] 9 Nati arr-l F‘»nk,
Louisville, Ky.
Deer Ur. Eeana+
I have not heard from Mr- Harkins
who you state in your letter of NPrch 5th would
probebl; trite me by the 10th.
Very truly yours,
ﬁssistant Vice President.‘

 lain—,_.? SPIRAL MEHINE RYGOMPANY
El!w_'r‘%fgiﬁ%;§ GENERAL OFFICES
gyﬁwmgfwg‘g’é II2I ARCADE BUILDING
2§"“" gg'“l7V*
Haggis!” ST.L01IIS,M0.U.S.A.
EAST ST.LOUIs,ILL. LOB Angeles, Calif.
March 14, 1923.

Mr. Joseph D. Harkins,

Prestonsburg, Ky.

Dear Joe:

I am enclosing herewith information relative to foreclosure
now in process which must be immediately looked into and acted upon.

I am here to make demonstrations to several groups of men,
some of whom I have already told you and several other groups I have
been negotiating with since coming to California. It looks as if we
here every possibility of winning out within the course of two or three
months but immediate financial assistance is not possible. We have
been delayed on account of the Manganese steel edges until the present
time and will not be possible to make our demonstration before the
later part of next week. We have an offer from the Los Angeles Ship
Building Company to manufacture this stuff for us.

The information enclosed shows you the condition as it is of
the asset; of the company which is the backbone of all my arguments for
profits, etc. To have this foreclosure carried to a conclusion certainly
mean; deitiuctﬁon far :5.‘ I believe with proper legal steps that we
can ors a e as e or a time and '
next term of court I think there is n? amt? ‘1??th %%%ld°§%’ir‘i%%§ateth°

' and take care of the whole preposition. Now as a matter of suggestion
I want to give you a few points that seem vital to me,

let. The contracting parties in the purchase of this plant
were residents of Missouri.

End. The suit has been filed against the Spiral Machinery
Company in the State of Illinois and the papers were serVed in Missouri. ‘

9.;gﬁﬁgmwrhe Spiral Machinery Company has-no.1icense to do business in the State I
{w‘“"” of Illinois and under their laws I do not believe they could enforce a
claim against us since without license, if I am not mistaken, a foreign
corporation is not entitled to hold property ot‘to sue or be sued.

5rd. The Globe Motor Truck Syndicate never had a license in
Illinois and Operated and sold trucks and dealt with us in connection of
the sale Of this property. AS you remembeer. Boy was that trustee an
not only executed the deed for the company but also a warrwnty. as
trustee which warranty was violated because of the fact that the boundan
ies of the property are not in tact as represented therein. A portion of
the land is now claimed by the Southern R. R. Co. of which they have
knowledge and which was taken up with them at the time of the dispute.
This piece of land was left outside our fence because the railroad
company refused to move their tracks and allow us to take in what our
deed called for. The note and mortgage were made by Langheinrich and
service was not had on him until recently. I have asked Mrs. Adams to
furnish you with the date of this service.

Now Joe, the vital thing in this is TIME and as attorney
"THE PLOW THAT WILL REVOLUTIONIZE THE AGRICULTURAL INDUSTRY"

 f
(«f SPIRAL MACHINERY COMPANY
I
Page 2.
for the company I want you to give it your thought and I further want
you to write Mrs. Adams that you are taking care of the matter as she
t is losing her health and is almost insane because of these conditions
i and the belief that the other members of the company are leaving the
' burden on us without effort on their part. The essential thing is
TIME. I am familiar with the fact that we have twelve months to
redeem after the sale but in order for me to re-financeythis property
must not go to sale. I am depending on you now to use every available
means to secure the extension and to answer this suit.
. The attorney who represents us in East St. Louis is a
Mr. Costella, with the firm of Crammer, Crammer & Campbell. I have no
confidence in him because he is young man and is not doing or advising
us as he should. Of course you know the principle reason for that is
* we have not had means and he knows his fee would be questionable.
Consequently action on your part is absolutely necessary.
write Mrs. Adams as soon as you receive this and tell her
what you are doing.
Yours sincerely,
The Spiral Machinery Company fo eited its charter on account of non-
payment of the franchise tax. This may also have some bearing on
service required in suits of foreclosure.
( ,
_ 1 In the settlement outlined by Mr. Smith they ask that I give a second
:,«6‘ 'deed of trust on the property in amount of all claims which was 35,512.70
*33" and the only item that the company was responsible for is $1,166.16
. which is taxes and for which there was a tax sale to one of their
members. They did not want to release this at all but hold it as it is
‘ at present, extending it for thirty days before the term of court next
~- to the April term so that at that time they could continue with their
foreclosure. You will note they demand ttorne s fees, cost of Bond’a411¢ﬂ\
mam/72%;“: gravy/547% me We»

 THE LOUISVILLE NATIONAL BANK
. CAPITAL $500.000.00 SURPLUS SIO0.000.00
LOUISVILLE. KY.
JOHN H. LEATHEES. CHAIRMAN
BRANCH OFFICES RICHARD BEAN, PRESIDEN‘I’ BEN J. METCALFE, CASHIER
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14th
19?5
Millar Brainard, Asst.V.?.
Central Trust Company,
Chicigo, T11.
Dos: Hr. Trainardz-

Just as I feared, Hr. Hnrkins is away from home--
in fact he is zany 1 good deal and that will sxplsin his
failure to vrita you fully.

Rs doubtlnss is working on the proposition so

' time is not being lost. He will write you fully as soon
is he gets UuCk hams.

as ;nd 1 sin come to Chiolgo but I {sully think ?
that the Central Trust Conpany had better send 3 representa-
tive there as he can make . much more thorough sx;mination.
Of course, it will cost some time and money to go into
this matter thoroughly but I really believe it has promise
enough to justify that.

Yours very truly,
President
PB CM
Copy to Mr. J. D. Harkins,
Prestonsburg, Ky.
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