The Calhoun chronicle. [volume] (Grantsville, W. Va.) 1883-1984, 1901-02-12

Considerable litigation has recently
been precIpitated in Gilmer county
between the Braxtnn Coal Co and G..
y. Conaway, representing Davis and
Elkins. Having just spent three
weeks in the coal fields recently, aud
being acquainted with the facts con
nected with the cases we are cOmpell-
ed to take different view of the sit
uatiOp from that OF the Chenille
Stranger. As We understand the
facts. they are substantially as fol
lows: In November and December.
1899, Col. Geo. Gillmor took a mum.
her OF coal options for period of one
year. These options were in the usu.
al form and provided that If the tran
sactIon was not consumated within
one year, they were to be null and
void Among these were options of
john Warner, Marshall Collins and
w. II. Garfield. At, and before the
time they were to expire, several OF
the parties called upon MIR. Gillm Or
to comply with his part of the con-
tract, and close the option, but he
held them off, without making any
payments or putting forth an effort To
get deed. Finally, a month o
more after they had actually expired.
Z. +. Conway took an option on the
same property, and in the case Of
John Warner, he took a deed straight
out, paying him cash in hand for the
whole Of his coal, mt $40 per acer for
some $50 acres. In the meantime
Col. Gilmor had assigned his hold
ings to the Braxton Coal Co, and
having compromised their Nease suit,
were taking up all their options as
rapidly as they could do so. And
seeing that Mr.. Conway, during
their period of inactivity, had taken
up considerable of their territory, it
became necessary that they resort to
some drastic measure, or lose the
greater part of that particular block.
They therefore, at once, instituted q
suit in chancery against Messrs Var
ner, Conway, Davis and Elkins, not,
as We believe, in the hopes of getting
back the Warner land, hut Of soaring
the other farmers who had optioned
to Gillmor into making them deeds.
The Braxton people next went to
Marshal Collins, who had few days
prior to that time executed an option
to Mr.. Connaway, and induced him
(Collins) to make them deed for
hisc"al. Mr. Conway very prompt
ly instituted a suit against The
Braxton Coal Co. and Mr.. Collins.
Inc Garfield case was in the same
situation as that of Mr.. Warmers, and
he executed a deed to Conway,
which gave rise to another suit by the
Braxton Go. These are facts a. we
cleaned them, and our readers can
draw their own conclusions. But
how an option providing for its own
expiration on a certain fixed day,
unless certain conditions are complied
with before that day. can be binding
upon one party and not upon he 9TH
er, more than month after its expir-
alton, is a matter we cannot under
stand. We believe in doing Justice to
all parties, and it seems to us that the
Braxton Coal Company have, by their
own negligence. forfeited all right
they ever had under the expired OPP
tions, and that the land owners are
no longer bound by them. And from
a more than passing acquaintance,
with Messrs Conway, Hawker
and Thompson, who are taking up
lhose coal lands, we have found them
to be gentlemen in every sense Of the
word, and know they would mislesd
no one into doing that which would
be to his prejudice, az was intimA ted
against them. They are shrewd bust
ness men, and make it too much for
the Braxton people, therefore they
kick.