FREELAND TRIBUNE. VOL. V. No. 98. FROM SUBURBAN POINTS. LETTERS FROM THE PEOPLE OF NEIGHBORING TOWNS. Politic* Are Commencing to Trouble the Democrat* of Drifton—No. 2 Breaker at Oakdale Will He Torn Down and Succeeded by a Larger One. Special and regular correspondence from the surrounding towns is solicited by the TRIBUNE. Communications or items intended for publication must be accompanied by the name of the writer. DRIFTON ITEMS. y Since the new county bill was killed, and also the other "Bill," politically speaking, our politicians have turned their attention to the county aspirants. They don't want an office—to be a dele ' gate is their whole ambition. We under stand that not less than three have con sented to "keep shady" until the proper time comes —then disappointment with all its bitterness will fondly embrace some two of them. John C. Stroh is slowly recovering from his recent illness. House cleaning is all the rage here. The Fearnot base ball club will not do much playing until after their picnic on June 17. Look out then. The boys played some pranks on a few of our residents one night last week, i Boys will be boys, but if they are caught something interesting is promised. Chas. Rohland, clerk in the store here, resigned his position to accept another in New York city. The mules which were taken out of No. 2 slope on account of the firo will be ' taken down again today. Mrs. Patrick Tully, of Scale Siding, was among friends here on Friday. Ezra Weinrich and family spent last week visiting relatives at Reading. John Wagner, of Jeanesville, called upon his friends here yesterday. The men working upon the elope at No. 2 colliery have their work nearly completed, and the effects of the fire will soon be removed. It is likely that coal will be hoisted by Thursday. Miss Mary Gallagher, of Stockton, was the guest of Miss Annie O'Donnell here yesterday. Miss Peters, one of Jcanesville's ac complished young ladies, visited friends here last week. Tho eight-year-old son of John I'o techny, of No. 2, was buried at the Greek Catholic cemetery, Freeland, on Wednesday. Philip Kennedy, at one tiino a resi dent of town, but of late at Olyphant, v Lackawanna county, made a visit to friends here last week. A number of tie posts were placed along tho sides of tho streets of town last week. This an accommodation that will be appreciated by physicians and others who drive spirited horses, as there was nothing to hold the animals, excepting the small boy und he is not quite so reliable as the tie-post. ECKLEY CLIPPINGS. Patrick Maloney resumed work this morning after being idle a week. Wm. Monk, wbo was squeezed be tween a car and a prop at No. 2, is able to be about again. Eckley will have one of the largest parades tomorrow that was ever held here. A band and three drum corps will take part. Don't forget the date of tho picnic of Division 20, A. O. 11. It is June 17 and promises to be one of the best held yet in Eckley. Miss Annie McCauley returned home from Philadelphia on Saturday. Misses Julia Kennedy and Rose Gil lespie, of Buck Mountain, drove to town yesterday. * Miss Connors, of Sandy Run, spent a few hours here yesterday. Mrs. Bernard McCauley, of Silver Brook, called on friends here yesterday. John Stranix removed his family to Drifton on Saturday. Miss Rose Campbell was among the visitors to Freeland yesterday. John C. Sneddon, a clerk in the com pany store, is unable to attend to his duties, owing to an attßck of grip. The cornet band of this place will .hold its fourth annual picnic in the grove here tomorrow afternoon. Ex cellent music has been engaged and all may expect a good time. MARY ANN. JEDDO NEWS. I The No. 2 breaker at Oakdale, which wAb built about twenty years ago, sus pended operations*on Saturday, and the work of tearing it down commenced to day. On the site where it now stands a hew one will be erected which is intend ded to handle the coal of both collieries at Oakdale. The new one will be of the same pattern as No. 5 Pinkash breaker,' which was built last year, but it will be much larger and able to do a great deal more work. Much of the coal which was going to No. 2 breaker will now be taken to No. 1 until the new breaker is completed, when the old structure at No. 1 will be abandoned entirely. All the men and boys thrown out of employ ment will be given work at some of the other collieries owned by the company. Peter McHugh is spending a few days among Philadelphia friends. Mrs. Patrick McGill is at Brooklyn visiting her brother, John Shovlin, who is lying dangerously ill at an hospital in that city. Jesse Cumfort and wife, of lla/.leton, made a visit to the town last week. Henry Shovlin, a resident of Drifton, moved his family to Oakdale last week. Samuel Cumfort has moved his family to he is now employed. Some of the metropolitan papers have been trying to make the rest of the country believe that our village is in fested by a gang of bandits since the Hungarian fell in the cavein. Such ( nonsense! They want to be turned down. UPPER LEHIGH NOTES. The stripping at No. 5 is working slowly at present, owing to tho scarcity of men. It is said there is quite a large tract to bo stripped yet and that it will be done this summer. Grannie Heeney, of Carbondale, is is visiting Mrs. Murrin, at the residence of Patrick Carr. The young men and boys who frequent what is known as the "coop," better beware and cease their visits for the future, as the Bird is liable to show them up at any time. Misses Barbara and Martha Davis are visiting their brother, AVilliam, at Cata sauqua. Mrs. D. J. Boyle is suffering with neuralgia. One of our best known and most popu lar young men, P. B. Ferry, will leave us about June 1. He has secured work at Harwood. Ewd. AVilkes is suffering from a very painful wound on his hand. He got a small cut in the mines and tho mine water caused blood poison. •' The gardens are all planted now and the Tamers will soon convene to devise ways and means to prohibit the impor tation of the potato bug. The Blizzard says an act of congress, something in the nature of the Chinese exclusion act, would settle the business, while other members of the club hold different views on the subject. Their meeting will likely be held this week. BIRD. Hibernian* at Atloona. The delegates to the state convention of the A. O. 11. B. of E., were welcomed, to Altoona on Thursday by Mayor Samuel Hoyer. State Secretary L. A. Bradley called the convention to order. James W. Kilduff, of Gallitzin, was chosen chairman. Committees were ap pointed and other preliminary business transacted at the first day's session. On Friday the officers mode their re ports, which showod the largest increase in membership in any one year, sixty three new divisions having been formed. The following resolution offered by C. H. Dever, of Scranton, was unanimous ly adopted: Resolved, That we, the representatives of the A. O. 11. of the Btate of Pennsyl vania, express our willingness to enter into any honorable arrangement looking to the settlement of any and all differ ences existing between us and, the A. 0. 11., B. of A. * The following officers wero elected: State delegate, Daniel Dorsey, of Pitts burg; state secretary, T. A. Bradley, of Lilly; state treasurer, C. T. Boreland, of .Scranton. The convention adjourned to meet next year at Latrobe, West moreland county. Foster's Vnguurilod Bridge. Mrs. James Pinnegan, of Tunnel, has been in St. Luke's hospital, Bethlehem, for the past nine weeks, undergoing treatment for injuries received on Sep tember 16, 1889. She was driving be tween South Heberton and Upper Le high and was thrown over an unguard jed bridge.— White Haven Journal. PLEASURE CALENDAR. May 29—Fair and festival of Welsh Bap tist church, at rink building, until May 29. Tickets for oysters or supper, 25 cents. May 30 —Fourth annual picnic of Tigers Athletic Club, at Freeland Public Park. June 17— Third annual picnic of Fear nots Athletic Association, at Drifton park. June 17 —Third annual picnic of Divi sion 20, A. O. H., at Eckley grove. FREELAND, PA., MONDAY, MAY 29, 1893. THIS IS THE LARGEST PAPER EVER PRINTED IN FREELAND. NEWS OF THE DIAMOND. HAZLETON EASILY DEFEATED BY FREELAND CLUB. The Home Team Puts Up a Good Game and Won ly the Score of 6 to 3—Fear not* T.oite to the Tl|£r* in an Exciting Content. The fine battery work of Swartman and Zellar, of Wilkes-Barre, won a game for Freeland yesterday from a club which was thought to be the strongest in the region. It was Hazleton's first game, anil their admirers counted upon a walk over, but the uncertainty of base ball was again demonstrated by the result, which was (i to 3 in favor of Freeland. The local players put up an excellent fielding game and in batting were but one hit behind their opponents, who had seven to tbeir credit. The battery for the visitors was Smith and Ulrich, and the latter showed up very poor, having six passed balls. Swartman threw out twelve men and Smith three. Freeland gave its battery fine support at critical times and deserv ed to win for the earnest manner in which they went into Ihe game. At Drifton the two rival teams, Tigers and Fearnots, met for the first time this season, and an exciting game was the result. The latter club was not in the best of condition, owing to the absence of somo of their regular players, but they managed to make the wearers of the white and blue play ball to keep ahead. The first two innings resulted in eight runs for the Tigers and nothing for the Fearnots. It looked like an easy vic tory, but the Drifton boys started to score in the next innings and played a great uphill game to the end. The lead obtained by the Tigers, how ever, was too much to overcome, and as they continued scoring as well as the Fearnots, the result was 15 to 10 in favor of the Freeland boys. Considerable reckless playing took place on both sides, still interest in the game did not abate until tho last man was out: The batteries were Boner and Boyle for the Fearnots and Brisllu and Gallney for the Tigers. Wilkes-Barre will be the attraction at the park tomorrow afternoon. The D. S. & 8. has a nine that will cross bats with any railroad club in the state. On Sunday next the Tigers will play Silver Brook. The Philadelphia Pre club will play two games at Lansford tomorrow. Jeanesville played a good game on Saturday and defeated South Easton by a score of 17 to 11. Phil Bachman, of Freeland, is batting well for Jeanesville this season. * Died After N Short IIIIICHM. Mrs. Mary Ann Peters, wife of Harry Peters, died at the residence of her hus band on Centre street above Walnut early Sunday morning. She was ill but one week, and besides her husband leaves two children, one two years old and one week. She was a daughter of A. K. Burger, and was aged 23 years, 11 months and 4 days. The funeral will take place at 10 a. m. Wednesday. Services will be held at the Heavenly Recruit church. Inter ment at Freeland cemetery. Appointed Postmaster. On .Saturday Ex-Postmaster William F. Boylo was reappointed postmaster of Freeland, to succeed Owen Fowler, re moved. Mr. Boyle is a gentleman who is well and favorably known in this community, and during his previous term of ofiice gave satisfaction in every respect to all. He is a good Democrat, and his applica tion was endorsed by a majority of the postoffice patrons and Congressman Hines. More Sewer* for Freelund. The members of the borough council met in special session on Saturday even ing. Borough Surveyor Boyle presented the profile of the northeastern section of sewer, and it was agreed that work on the same bo commenced today. During the time that the sewer is being laid, Street Commissioner Mc- Gettrick is to receive $2.00 per day, tho men having charge of the laying of pipe $1.50, and those employed at digging the ditches $1.40. The distance to be laid in this section is 1243 feet of 12-inch pipe and 800 feet of 10-inch pipe. A notice was received from the resi dent property owners of the Woodside addition and Birvanton that it is their intention to apply for annexation to the borough. The following was agreed to: Resolved, That we instruct the presi dent of council to accept for the borough council service of the notice of the ap plication for annexation of the Wood side addition and Birvanton to the bor ough. AROUND THE REGION. The Farr compulsory education bill has been vetoed. Work has been started upon Mauch Chunk's electric road. John McNamara was appointed post master of Miners Mills, this county, on Friday. 11 azleton expects to have a large num ber of singers at the eisteddfod there tomorrow. The Prohibitionists of this county will hold their convention at Wilkes-Barre on Thursday. In an alley ball game on Friday for SSO a side, Welsh, of Plains, defeated Curry, of Plymouth, by a score of CI to 38. James Bottom, a slate picker at Had dock & Co's v breaker, in Luzerne, was instantly killed by falling into the rollers. The Audenried breaker was damaged by (ire on Thursday, and was saved only by the prompt work of the em ployes. Representative Flannery's bill provid ing for the election of a burgess for tliree years has been signed by the governor. It is alleged that negotiations are pending for the lease of the Coleraine collieries near Beaver Meadow by Coxe Bros. & Co. Bernard J. Dever, of Beaver Meadow, was ordained a priest at Philadelphia on Saturday, and will read his first mass at the former place next Sunday. Mrs. Moritz Schultz has commenced suit against the Central Railroad for $20,000 for the death of her husband, whb was killed while crossing the com pany's tracks Wilkes-Barre in a wagon. Henry Jones, a sixteen-year-old driver boy, was instantly killed at Dorranceton shaft by being crushed between a car and the side of the gangway. He was running along driving a mule when the car jumped the track and crushed him. Carbon county has a new paper, the Lansford Lender. Notwithstanding the fact that it is a staunch Republican, it is neat and looks like a stayer. Its pub lishers, Watson & Davis, are already known in Carbon journalism as ener getic newspaper men. Nine of the Wilkes-Barre depositors of Rockafellow's bank have sworn out warrants for the ex-banker's arrest upon charges of embezzlement. At the hear ing he had to furnish $20,000 bail, and as there are thirty more depositors who intend to have him arrested it is proba ble that he will be compelled to go to jail in default of bail. BRIEF ITEMS. A new slope is being sunk at Hazle Brook by J. 8. Wentz & Co. Farmers report that the cherry crop will be a very large one this year. Nearly all of the Foster schools have oompleted their ten months' term. B. F. Davis lias removed his feed store to Sach's new building above the postoffice. Services will be held in the Catholic churches on Thursday at 8 a. m., it being the Feast of Corpus Cristi. • Application will be made to the court on July 1 for the annexation to the bor ough of the Points, Birvanton and other outlying parts. This will probably be the last evening of the Welsh Baptist fair which is being held in the rink building. Don't fail to attend before it closes. Nineteen new members were admitted to the Daughters of Mary Sodality yes terday afternoon at the semi-annual reception of the society. Tho cere monies were very impressive. PERSONALITIES. County Treasurer McGroarty and wife, of Wilkes-Barre, and Miss Sadie O'Boyle, of Pittston, visited Postmaster Fowler last week. Theodore Klagg, of Sayre, Pa., is on a visit to friends here. Peter Gallagher attended the ordina tion of a friend at Philadelphia on Sat urday. Wm. J. Kckert and wife leave for the World's fair this afternoon. 11. W. Vorsteg and wife, of Baltimore, are visiting their son, W. 11. Vorsteg, on Main street. Miss Katie Kelly returned home from Philadelphia on Saturday. Andrew and F.dward McGeehan, who have been traveling through tho South, returned home on Friday. Chas. Itaudenbush and wife have re moved to Philadelphia. Patrick Furey made his appearance on tho streets of town this week and we were again treated to some of that gentle man's oratory.— Lansford Leader. TOMORROW'S EXERCISES. HOW MEMORIAL DAY WILL BE OB SERVED IN FREELAND. Arrangements All Made by Maj. C. It. Coxe Post for the Parade, Decorating of Graves and Addresses—The Day at the Different Cemeteries. Under the auspices of Maj. C. B. Coxe Post, No. 147, G. A. R., Freeland will observe Memorial Day with a parade and other exercises befitting the occa sion. The town lias never yet been be hind its sister towns and cities in doing justice to our national holidays, and the programme arranged for tomorrow will show that Freeland still leads upon all patriotic occasions. The parade will form in the following order and will move promptly at 1.30 o'clock: Grand Marshal—John Wagner. Burgess and Town Council. Citizens' Ilose Company. Clergy and Speakers in Carriages. FIIiST DIVISION. First division forms on Washington street, right resting on Main. P. O. S. of A. Band. Camp 147, P. O. S. of A., Freeland. Camp 259, P. O. S. of A., Drifton. Camp 144. P, O. S. of A., Eckley. Freeland Council, No. 348, Jr. Order United American Mechanics. Military Rank No. 29, Knights of the Mystic Chain. St. Mark's Commandery No. (i, Knights of Malta. SECOND DIVISION. Forms on Front street, right resting on Washington. St. Patrick's Cornet Band. Division 19, A. O. H., B. of A. Garibaldi Italian Society. St. Peter and Paul's Slavonian Society. St. Michael's Greek Society. THIRD DIVISION. Young Men's Slavonian Band. St. John's Slavonian Society. Drifton Lodge, No. 246, D. O. H. St. Luke's Lutheran Sunday School. FOURTH DIVISION. Forms on Washington street, right resting on Front. Maj. C. B. Coxe Drum Corps. James G. Brookmire Camp, No. 248, Sons of Veterans. Camp 39, Patriotic True Americans. Maj. C. B. Coxe Post, No. 147, G. A. 11. Disabled Soldiers in Carriages. ROUTE OF PARADE. From the corner of Front and Wash ington streets down to Carbon street, out Carbon to Centre, up Centre to Walnut, down Walnut to Pine, out Pine to John son, down Johnson to Birkbeck, out Birkbeck to South Ileber ton and coun termarch to Freeland cemetery, where the decorating ceremonies will be per formed by Maj. C. B. Coxe Post, assist ed by James G. Brookm ire Camp. After the cermonies the parade will repair to Birkbeck's grove where the closing ceremonies of Memorial Day will be carried out as follows: Introduction by Charles O. Stroll, Esq.; orator of the day, D. J. Mc- Carthy, Esq. Flowers to be used in decorating the graves will be thankfully received by the members of the G. A. R. At St. AIHI'M Cemetery. The members of the G. A. R. will meet promptly at 7 o'clock tomorrow morning at their hall, from which they will move to St. Ann's cemetery and there perform the usual decorating cere monies. Exercises at Eckley. After these duties the post will form in two divisions. One division will go from St. Ann's to Upper Lehigh where decor ating ceremonies will bo performed in a fitting manner. The other division will go to Eckley and perform the decorating ceremonies there after participating in a parade, which will be composed as fol lows: Chief Marshal—John Wagner. Aids —Wm. Aubrey, Ambrose Rickert. P. O. S. of A. Drum Corps. St. James' Sunday School. Camp No. 144, P. O. S. of A. Shamrock Drum Corps. St. Mary's Sunday School. St. Mary's T. A-. B. Society. St. Mary's T. A. B. Cadets. A Fine Circus. Walter L. Main's circus on Monday was an eye-opener for those who, be cause the show is a Btranger in this sec tion, anticipated that it was a cheap concern. The immense auditorium and menagerie tents were none too large for the features which made up one of the best shows yet seen here. A show given for the pleasure and en tertainment of the people, rather than for every dollar which can be squeezed or stolen out of their pockets, worthy of praise. The Main show justly bears a fine reputation in the east, and will win golden opinions on its present western tour. Come again.— Kankakee (III.) Ga zette. At Freeland, June 8. A CHILD LOST. DiHappearnnce of a Child at Ha/.lc Rrook on Friduy Afternoon. About 4 o'clock on Friday afternoon James Devinney, of Ilazle Brook, the three-year-old son of John Devinney, a former resident of this place, strayed away from home. He was not missed until his father returned from work and asked for him. Mrs. Devinney went in search of him, but after inquiring of all the neighbors realized that he was lost. The little fellow had light hair, wore a gingham apron over a spotted top petti coat, under petticoat was of dark ma terial. After the colliery shut down all the people of the town organized themselves into a searching party and started out in different directions. It isj'believeu 'the little fellow either""wandered into the thick swamp around Ilazle Brook and was unable to find his way out, or fell, into one of the deep stripping openings. The child was found on Saturday be tween Ilazle Brook and the porter shop in the swamp. BefiiNed to Let Him In. On Thursday afternoon a Hungarian named Fredrick Noll was badly injured by a premature blast at No. 2 Highland. After being removed from the-mines he was! taken to his boarding house, kept by a fellow-countryman, on Walnut street. AVhen the ambulance drove up the lady of the house appeared at the door and infused to let the unfortunate man in. The physicians wished to have him washed and examine his injuries before Bending him to the hospital, but this even was not allowed. He was then taken to Ilazleton in his working clothes, and was suffering very much about the back and hips, where the coal from the blast had struck him. Picnic SeuNon to Open. The picnic season opens here tomor row with the fourth annual picilic of the Tigers Athletic Club. While the num ber in attendance will be very large there need be no fear of the boys not being able to accommodate all who call at the Public Park. Refreshments and eatables of every kind will be in abun dance, also all sorts of games and amuse ments. Dancing will commence immediately after the parade is dismissed, the music for which will be furnished by De- Pierro's orchestra. The bands of town are also expected to be present to add to the pleasure of the occasion. CloHer liiHpoction of Locomotive**. Owing to the number of boiler explo sions which have occurred lately the Reading management have decided to inspect all locomotive boilers weekly in stead of monthly, as heretofore. This will mean a large increase in the force of workmen. It has been proven conclusively that the majority of the recent explosions have not been due to the construction of the boilers, but to carelessness or ig norance of the engineer in not feeding the boilers properly with water. One of the Rest. Walter L. Main's show gave two ex hibitions at Hartford City, afternoon and evening, May 23. It was well pat ronized, and is one of the best shows that ever visited this place. The per formance is neat and clean and the ad vertised programme fully carried out. The people connected with the man agement are gentlemen in every respect, and should they return to this city will bo again greeted with crowded tents.— Are/ia, Hartford City, Tnd, At Freeland, June 8. Tlie Hospital Appropriation. The announcement that Hazleton hos pital appropriation of $37,000 had passed the legislature was well received, especi ally by Dr. Kellar and the trustees. It will cover the expenses of the institu tion for two years, and will also allow the making of several much needed im provements. The appropriation will be divided as follows: The maintenance of the hospital will cost $17,500 a year or $35,000 in two years. Of the balance SI,OOO will bo spent for new boilers, SI,OOO for an Isolating ward to be used in case of con tagious diseases and S3OO will be used in the erection of an ice house. Work on these improvements will be commenced immediately. E. B. Coxe, one of the trustees, will also build a smoking and sitting room for tho patients at his own expense. This is a much needed as well as valuable addition to the institu tion. Another charitably disposed per son has been found in Albert Lewis, of Bear Creek, who has signified his will ingness to furnish all tho ice needed to stock the new house tree.— Standard. COIIfIHINU LEADS TO CONSUMPTION. Kemp's Balsam stops the cough at once. Lane's Medicine Move* the IlowelM Each Day. Iu order t belieulthy tbisiaaeeeauiiry. #1.50 PER YEAR. FIREMEN AT A BANQUET. ECKLEY B. COXE HONORS THE CITI ZENS' HOSE COMPANY. Coxe Bros. & Co.'s GenerouH Donation of $250 for ServiceH Rendered ut the Drlf-. ton Fire —An Evening That Was Enjoy ed by the Host and His Many Guests. DePierro Bros, cafe was the scene of a merry gathering on Thursday evening, and the occasion was one that will he longjemembered by the members of the Citizens' Hose Company, which had as sembled there upon invitation of Hon. Eckley B. Coxe. The firemen met at the hose house and marched in a body to the hotel, where they were met and each given a personal introduction to Mr. Coxe. The members of the town council and others were also present, and after being seated at the tables proceeded to enjoy the excellent meal which DePierro's had prepared for them. Upon concluding this very agreeable business Mr. Coxe made an address in which he assured them that Freeland's firemen had both his and the firm's most heartfelt thanks for the services render ed by the members at the fire in No. 2 slope on May 0. He was also very grate ful to Burgess E. P. Gallagher for his promptness in allowing as much of the apparatus go to the fire as was necessary. After complimenting them upon their energetic and successful work in subdu ing the flames, regardless of the danger and peril, he presented to Chief Dunlap a check for $250, which he said was from Coxe Bros. & Co. to assist them in fur nishing their rooms, etc. He also stated the company would give them a free excursion train over the D. S. & S. and the use of the Oneida grove any day they may choose during the summer. The grove is one of the finest in this part of the state for picnic purposes, and the announcement was re ceived with applause. He assured the assemblage that Free land and its people have at all times his earnest friendship, and told them that every improvement made here was view ed with as much pride by him as by any citizen of the town. He also referred to the new departure of the firm, which is to be increased by the addition of Eckley B. Coxe, Jr., and to the charters they intend to procure to enable them to do business upon a still greater basis. The No. 1 breaker is to be rebuilt to handle the coal of the big vein, the shops are to be enlarged, as they are now doing work for the Lehigh Valley, the I). L. & W. and other railroads, besides that needed by the U, S. & S. Mr. Coxe was followed by Burgess Gallagher, 1. A. Buckley, Owen Fowler, James Williamson, Owen Fritzinger, P. M. Boyle, John Wagner, D. J. Mc- Carthy and others, all of whom had something of interest to relate and speak about. After Mr. Coxe retired to attend a business engagement at Drifton the fire men tendered him a vote of thanks for the generous donation and the banquet. All who worked at the fire and who were not employed by the firm were privately presented by Mr. Coxe with envelopes containing a letter of thanks and a $lO bill. Ail Important Law Suit. 'The action brought by the Big Black Creek Improvement Company against Mahlon J. Kemerer, of Mauch Chunk, in the Philadelphia court recently, end ed in a verdict for the Improvement Company for $23,240. The action grew out of the leasing of the old llarleigh colliery. The lease was originally made in 1878 to Thomas S. McNair, of Ilazleton, but the property afterwards came under thecon trol of -Mr. Kemerer by transfer of the lease. This lease called for the purchase of mine cars, pumps and machinery on the land for $G,000; the renting of miners' houses, store buildings, etc.. for S2OO a month; the erection of machinery, etc., capable of preparing 40,000 tons of coal annually for market, and the pay ment of $14,000 per year as a minimum royalty. The lessee was also to keep the mines free from water, but it was averred that this part of the agreement was not kept, in consequence of which the lessee suffered heavy losses. In the defense Mr. Kemerer alleged that he had paid to the Improvement Company all sums due it; that he had suffered heavy losses in the operations of the coal lands under this lease; that the mine on the property, when the lease was made to McNair, had been virtually abandoned, had cayed in, oc casioning the loss of two miners' lives, and had been Hooded, but that he spent large sums of money to put it in working order again; that, owing to the negligent manner in which operators of adjoining mines and the Improve ment Company managed the water in the mines and in an adjoining water way, the mine belonging to the lessee had been unavoidably flooded.
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