Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1900-01-07

The general public seem to be very
much misinformed through the numer
Gus false representations made by
agents of the South Penn Oil Company
with reference to the real facts in the
cases with the Stolze's or Eclipse Oil
Company in the litigation over the
Proctor oil field, according to the state
ment of friends Of the latter parties.
THE Proctor leases were taken up in
the name of H. J.. & j. c. Stolze in
the spring of 1897. The Henry Garner
tract embraces 2.175 acres, anc is
known in the courts as Eclipse Oil
Company VS.. South Penn Oil Company;
the Hafer tract embraces POI acres, and
is known in the courts as ]. c. Trees
VS.. Eclipse Oil Company, yet Mr.. Trees
is not really involved in the eas ex-
cept thai his name represents the
South Penn Oil Company in the case;
the terms of the Stolze or Eclipse Oil
Company leases on this Garner and
Hafer property are as follows:
Party of the second part agree to
complete one test well on the above
described premises within six months,
or in lieu thereof thereafter pay to the
party of the first part II dollar per
acre per annum unIil such test well is
completed"
The leader will observe that in the
Stole leases there was a period OF
six months given within which they
had the right to complete a well, and
thereby bind the property so as to
avoid future paying of rentals, but Ii
they failed to complete the well within
six months, then after the expiration
of those first six months the annual
rentals for the ensuing year would be-
gin to accrue, and the Stolzes could
not after the expiration of the first
six months at any time surrender the
leases unless they became liable for
the rentals, because the rental period
had begun, SO that the first annual
rental became due and was paid within
eighteen months from the execution
of the lease to the StolZes, and within
twelve months after the expiration OF
the first six months or drilling period,
in the fall of 1897 land within the
eighteen months), the Stolzes or
Eclipse Oil Company paid Henry
Garner 81, LIS and were given receipt
fof same by Mr.. Garner; also did they
pay the rentals on Hafer property
within the eighteen months and were
given receipt by the Hafers. How
ever, in the months of August and
September, in the summer of 1898, the
South Penn Oil Company SEM its
agents to call on Henry Garner and the
Hafers for the purpose of persuadins
them to give a second lease on the
property that had already been leased
to H. j. & j. C. Stoke, Both Henry
Garner and the Hafers rejected their
proposals, claiming that the STOKES al
ready had their lease. The South Penn
Oil Company's agents then said to
Henry Garner and the Hafers. THE
Stolzes will never pay the rentals when
they become due, nor will they develop
the property" Henry Garner and the
Hafers again refused to give them a
second lease, and then the South Penn
agents told Henry Garner and the
Hafers: I'VE will stand between you
and the Hafers and run the risk. anu
pay rentals in advance And 80 on
condition that the second lease was to
be subject to the Stolze leases and that
they (the South Penn Oil Company
would stand between the Stolzes and
the farmers, did Henry Garner and the
Hafers make a second lease, and were
it not that the Stolzes had paid their
rentals when they came due, the sec
ond lease would have become valid,
but the Stolzes did pay the rentals be-
fore the expiration of the first
eighteen months, and consequently
had they lived up to the terms of their
leases, and Henry Garner and the
Hafers had no property to lease wnen
the second lease was made, because
they could not convey the same rights
of the same property to two different
parties.
Henry Garner MOI the Hafers have
at any time endeavored to be released
from the Sto.ze leases and have at all
times been in sympathy with the
Stokes or the Eclipse Oil Company.
However. the history of the South Penn
Oil Company is well known in MS
State. II is a branch of the Standard,
and since the Proctor field has proven
to be rich in oil they will not leave
a stone unturned to C he same,
hut according to the real facts In the
case. the Eclipse Oil Company should
be the real true owners OF the Proctor
field and have the sympathy OF Ia
public"
SCIO. O.. January 6.-Cold weather rs
retarding the active work In all OLD
fields. The l.. T. B. Cos No. II Is a
15-barrel pumper; Ohio Oil Co.'S No. u
Minard farm is a 15-barrel bumper;
Ohio OIL Co.'S No. II McLandsborough