The Black Hills union. [volume] (Rapid City, Pennington County, Dakota [S.D.]) 1889-1904, 1892-04-22

this 23rd day of February A. d.. 1922, by
and between the Inter State Artificial Rain
d corporation duly organized
md incorporated under and by virtue of
the laws of the state of Kansas, and having
its principal place of business at Good
land, Kansas, by its president, y. r.
Murphy, aud its secretary. FL. d. DonCar-
los. patty of the first part. and A.. II. SnN,-
der. w. NJ. Blake. CIV. Gardner, Zach
Holmes. Ed. Stenger and PRESTON Sharp
and others whose names are hereto sub
scribed. party of tie second part.
Witnesseth, That for and i'll considera-
ton of the sum of fifteen Thousand t15,oool
dollars, to be paid to said party OF the first
part by said parties of the second part
as hereinafter set forth. the said party OF
the first part hereby agrees to sell and con-
vey unto the said parties of Che second
part the perpetual right to use their secret
process for the production of rain fall by ar
tifcial means in the following described ter
ritory and none other, to-wit: Within the
counties of Butte, Lawrence, Meade, Pen
nington. Custer and Fall River, in the state
of South Dakota and that upon the pay
ment of the said sum of fifteen thousand
dollars (Sl5,O OO)said parties of the second
part TO said party of the first part, then
the said party of the first part i'll consider
alton thereof hereby agrees to impart and
fully instruct therein their secret process
for producing rain fall as aforesaid any
pc rson or persons not 10 exceed two III
nu for each of said counties whom
the said second parties may designate, and
will at that time deliver to said person or
persons so designated by the said parties
of the second part full and complete APP
pa rtus necessary for a successful operation
of the said process in each of said coun-
ties.
And the said party of the first part
further agrees to first practically demon
strate by actual operation and test to the
satisfaction of said parties Of the second
part, or a committee selected BIZ said second
parties, the ability of said party of the first
part to successfully produce rain fall by
said process, in sufficient quantities for
practical purposes at q time to be here
after mutually agreed upon by and be-
tween the parties hereto, the date thereof
to be at some time between the lst day of
April and the Goth day of July a. d. 1892:
and it is mutually agreed by and between
all of the parties, hereto. that in case the
said practical test by said party of the first
part docs not rcsult il rain fa!! within five
(5) days from the commencement thereof,
0XCcpI IL Ut ny TedSOl VI COOI "Sitilti vi
high winds upon some Or all of said days.
while said test is being made, in which
case after the aforesaid unfavorable con-
ditions have passed away the said party OF
the first part shall be permitted to com
mence said test NEW subject to the same
conditions as before, and in case said test
or tests snail not result in rain fall then
and in that case this agreement shall be
null and void. And it is further agreed by
and between the parties hereto that in case
said tests as above specified shall result i'll
ram fall then and i'll that case the said
parties of the second part shall either bry
the said secret process for producing rain
fall by artificial mearS and the perpetual
right to use the same within .the territory
herein before described together with the
necessary apparatus to operate the same.
for and within each of said counties, all of |
which shall be delivered to said second
parties in the manner herein before stated,
upon the payment to said party of the
first part by the said parties of tho second
part of the sum of fifteen thousand 1JNOO)
dollars as aforesaid. or in lien thereof, in
case said second parties then decline to
purchase said process then the said parties
of the second part shall pay to said party
of the first part the sum Of five hundred
(5OO) dollars for each successful test re-
sulting in rain fall as aforesaid and the
further sum of one hundred u0O) dollars
for the expenses of representatives OF the
party of the first part i'll going to the
point of operation, making said test or
tests, and returning thcreirom.
And the said party of the first part
agrees that in case OF the death or dlsa-
bility of the person or persons to whom
said nrnrasS for rrclnoipr oriif,inl r,;,
as aforesaid is impaired in compliance
with this agreement. then the said party
of the first part will at the request of the
said parties of the second part. fully in.
struct or cause to be instructed in said
process for producing artificial rain solnt
other person or persons designated by SaiC
second party III lieu thereof. And the sale
parties of the second part hereby agree:
That in case they shall purchase, the sale
secret process and the perpetual right tt
use the same within the territory herein
designated. together with the nccessar,
apparatus with which to operate the sam,
they will at the time Of said purchase ~exccut,
and deliver to said party of the first part
a good and sufficient bond in such sum IL
may be hereafter agreed upon. to be ap
proved by said party Of the first part. con
ditioned that said person or persons an,
all of them who shall be designated at an,
time by said second party and instructed
by the first party in the said process 70
producing artificial ram, will at no tim,
operate said process except within thu
limits of The said territory herein befor.
designated. and that SAID person or per
sons will not. at at any time or place, i'm
part or in any way allow said secret pro
cess to be impaired to any other person O.
persons whomsoever.
In witness whereof we have hereunto Sc
our hands and seal of said company. the
day and year first above written.
& I5-X-2)