The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1894-07-20
GENERAL NEWS
OF INDUSTRIES


prems court, denying absolutely all the
claims OF the plaintiff in the celebrated
suit OF William l.. Lance against the
Lehigh and Wilkes Barre Coal COM
pany ends a litigation of general inter-
est. On October 81, 1871. William l..
Lance leased to Thos Brodrick, Thos
d. Conyngham and T. Frank Walter,
their executors, administrators aud
assigns. all the coal upon and under.
upwards Of eighty-eight acres of land
in the borough and township Of Ply
mouth, at a royalty Of 25 cents per ton
of 2. 240 pounds for all coal passing over
a screen of q fve-sighth inch mess.
The lease was subsequently assigned
to the Lebigh and Wilkes-Barrs Coal
company. The returns made by the
Lshigh and Wilkes.B Barre Coal COM
pany not being satisfactory to Lance,
In June, 1890, he instituted proceed
ings against the coal company for GER
tain amounts which he claimed due
j. him. He claimed a royalty of $l2l,
80 90 on the pea and bucGwhsst ro1
mined from his property; 500, 600 %
for the value of the culm or refuse
which 1t was claimed the conf
com mpnnv had converted TO its own use,
and SG2 500 for the right OF way on
coal niiued from other lands through
his property The total claim amounts
ed to $3Sl,0l0. The claim rs to the
payment Of royalty on the pea and
aud buckwheat coal was the principal
one on which Lance based his hopes OF
recovery from the coal company, as he
claimed that the terms used in the
lease, "culm or refuse coal" embraced
all the material passing through y
screen Of o 6-inoh mesh, and from
which coal the pea aud buckwheat sizss
were prepared. On the other hand, the
company contended that such was not
the intent Of the lease. When the lease
was executed, the sizes pea and buck
wheat were not Of sufficient value to
justify the payment Of royalty thereon,
but nevertheless these sizes were known
sizes Of coal, and ths lessees were st
liberty to separate out and prepare
them, without the payment Of royalty
thereon, Lance being entitled only to
such material as did actually go to the
culm pile, aud which he WAS at liberty
to remove at pleasure.
The matter having been referred to
referee, who found in favor of ths de-
fendsnt as to all the claims, Lance car
ried the case to the supreme court,
which confirmed the referees judg-
meut. Judge Fell in his opinion AVS:
"At the time the lease was made, 1871
there was not u general market for
,knf SC lynAtun md ht1n u yU noot
or for sizes that would not pass over Il
fve-eighths inch mesh. They were not
considered of sufficient value to justify
the payment Of royalty. They went
to the culm or refuse or dirt pile
These piles were OF no value and u
source Of annoyance and expense to
them mine, but the belief existed then,
as now, that in the future, means might
be devised to utilize the large quanti-
ties of good coal which they con tained.
Negotiating on this basis of fact aud
belief, the lessee was relieved from the
payment for unmarketable coal, and
the lessor given the title to that which
cost him nothing, and had only a
prospective value. The word culm
was doubtless brought to the Penn
pylvania coal fields by the Welsh
ainers. With them the word has been
ssd to describe an inferior grade of
pal, Of but little value, and 1t really
lme into use to defue coal not infer
r in quality but unmarketable, and
alueless because of its size. II was
be adoption of word to use closely
kin to its original meaning. The
words 'culm or refuse coal. az used in
/ the lease, meant refuse coal-that 10 to
soy, coal refused by the lessee, be-
cause it was unstable, and which, of
necessity, to make room for the opera.
tion Of the weeks, was removed and
thrown into pile. The lease included
all the coal on the land, and the pro
vision as to the sizes on which no roy
atty was to be paid, was q stipulation
in favor Of the lessee, not a reservation
Of anything OF value by the lessor. We
are Of the opinion that all the questions
which arose in the case were properly
decided by the learned referee and the
judgment is affirmed"
A petition is being circulated among
The employees Of the Reading Railroad
company over the entire system for 6
restoration Of the wages paid prior tC
March /. After the petition has beer
signed by the employees Of all the divi
sions 1t will be forwarded to Superin-
tendent Paxton. Of Reading, who will
lay 1t before the general manager OF
the company. 1t is the belief of tn,
employees OF the company that their pc
tition will be granted, and that, com
mencing with Sept /, all shops ovel
the entire system will 90 on full time
and the old rate of wages will be 70.
stored.
Says Duluth dispatch: The Biwa
blk Bessemer company. composed O
Pennsylvania capitalists, has leased tn,
mine of the Biwabik Ore company, ant
Will operate it till such time as the lat
ter can resume control. The new Lessee
has contracted with a heavy firm
which will mine minimum OF 1000.
600 tons OF ore year for the next iv
Years, and, should the market warrant
is to do considerably more than this
The original lessses' minimum outpu
oil 3OO, 600 tons is to be taken out thi
year. Almost 200 men and q lsrg,
machinery outfit are already at work
Work will be carried on day and night
and 100 men will be employed.
~,
THE Pullman company according tr
the Philads!phis Stakeholder, pays {
per cGnt per annum, but esrns mort
than twice as much as itpays It's $780,
900 OOo(o OF capital today Represents
surplus OF moro than $25 900. 900. an,
Of the more than $50. OO0. 600 of prop.
erty owned by the Pullman company
only IS, 100000 is invested in the towr
of Pullman. Yet it is expected in tim
that the $40 acres Of land owned by tn
company, ont Of the $500 acres com
prising the town OF Pullman, will event
ually be worth the capital stock of tn
company. 1t may be safely said tha
no stockholder Of the Pullman Palao,
Na- hau auay q. =