The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1893-03-01
AN OPEN

E.H. Butterbaugh Replies to HIS De-
tractors.-Pays for What He Gets.
A sub Editor. while in charge Of one Of
the Johnsiogn Dsilies, recently prepared
and published for friend. now seeking for
an opportunity to back cut OF a fair contract
with me, a history in detail, as disparsging
and daring as possible, of several purchases
made by me, over year ago, Of certain
tracts ofcoal. situate in Somerset and Cam
bria counties, near the Cambria and Somer
set branch Of the B. q 0. R R, indiscreeIly
expressing bis own erroneous opinions Of
MY agreements, which, if believed, might be
calculated TO do me great injusiics, where
the facts are unknown and the source Is rot
well considered At firsi thought to let
this matter pass beneath my notice, fully
belieyiug as do now, that it had its origin
il The fertile brain Of defeated and unscru-
pulous competitor, whose back billings ]
have always disregsrded, until his prompt
iDgs appeared in print, for several cowarily,
malicious and dishonorable purposes not
necessary TO mention, 10 be further utilized
ss an advertising medium, in preparing the
way Tor carrying out other selfish schemes
later on. When made the purchase allud-
ed 10 by that Editor the prospects for effect
ing speedy sales or operating any of this coal
with profit, could not have been more dis
eoaiaging. Judging from the many misers-
bic failures OF my predecessors up till this
time in their vain attempts to bring this
much-sbused, YET valuable coal field into
market, considered my Task a difficult one
and the time required very uncertain. l
supposed that had made purchases Of reli-
able men who would be above trying 10 an
nnl agreements with me, 20 obtain more
money, If oovetous parties should invade my
territory, before my work was completed
and tempt them with bigger prices. 1t seems
tha; my suppositions we're not well found
el To obyiate many difficulties seemingly
in my way agreed to pay for this local
aiOneJ the highest known prices ever offered
in that vicinity Up iili that time, simply be-
cause have never been 50 oonscienceless as
70 make the price below ten dollars per acre
and for coal and all other minerals combin-
ed. ! consider it courageous TO buy coal of
the farmers al a low price, and bind them to
throw in Oil gas, fire clays and all other
minerals for good measure, as 50 many are
doing. Istrung out ny payments as far as
could, hoping topay sooner if possible, if
not, to De able to ofieras great inducements
to Others. Ny agreements were not "evi-
denily misleading" They are explicit and
equally fair Tor both buyer and sci Ter. They
require coal only and such mining rights
and privileges as may be actually necessary
for carrying on mining operations successful
ly. Ample reservations are always men
toned IL them for full protection OF farm
buildings, orchards, &c, and right to mine,
use aud sell coal for farm uses and local pur-
poses Is granted free Of charge 10 owners Of
the surface Of demanded). Mining timber
is not claimed unless it is freely offered 70 en-
courage mining. No fault was ever found
with them until their true meaning was mis-
construed by those who have wilfally st-
tempted 70 slander me and have meddied
with my business, with a view of driving me
out Of their way by their many misrepressn-
tstious, and thus rob me of a harvest to
which am justly entitled In making my
+ contracts, if a number Of payments are likely
/ TO be due about the same time, as matter of
safety and convenience, / generally secure q
] right 10 deposit the money in some convent
/ ent bank, which is always mentioned when
signatures are obtained. Its useless for any
! one 10 deny ihatI deposited the Necessary
/ payments in the First National Bank of
JOhnstoEn before the money was due, paya-
bic TO the order Of the several parties for
whom is is intended, giving proper notice to
1 the parties. Eho will not receive il, who, for
most trivial reasons not creditable 70 them
selves, are nov trying TO back out Of their
agreements with me, Notwithstanding full
considerations have since been rendered
them, more than two years before it is due
and further offers now made but not accepted
10 pay for all surface made use Of in mining
their coal and TO waive any other objections
bic features mentioned in said agreements.
Amer written notices were served on me of
their determination to annul their contracts
by the parties Of whom had made these pur-
chases, the parties to whom had sold the
coal NOV in Gisputel demanded deeds and il
was Necessary TO assert my rights and ask the
aid ofthe Law to enforce my contracts.
+ II. BUTERBAUGH.
The editor Of the HERALD has inspected
a number Of the articles Of agreement in
the possession OF T. H. Buuerbaugh and
iound them to be in proper lorml