The Montgomery advertiser., 1902-12-03

CT narrow work pertaining to the parts of the mines in which they are working that may be required by the mining engi- neer of the party of the second part; and for the work so done as well as for all dead work that they may do under the direction of the mining engineer. the party of the second part shall pay to the State per yard on the basis of what free miners got for the same work, not at the same rate, however. but in tn eproportion that forty-three (43) cents, the price paid per ton of coal mined hereunder. as here matter provided. bears to -forty-seven and | one-half 47 1-0 cents, the price paid per ton of coal to free miners in the Birmingham district at the present time for mining coal similarly conditioned. County Convicts Separate. "Ninth-That the party of the second part may work in said mines during the term of this contract. or any part thereof, and county conviets that it now has con- tracts with different counties for. or that 1t may hereafter hire from such counties or any other counties in the State; but such county convcts must be worked separately and in different rooms from said State convicts, and must be couf1n- ed and fed separately in different parts of the prison that the party of the sec ond part is to furnish hereunder. And
 
 keeping guards for said State and county convicts shall be paid by the State and the party of the second part jointly, and in the proportion that the number of State convicts so guarded each month bears to the number of county convlcts so guarded the party of the second part to pay the same, and be allowed credit for the States part thereof upon each settlement had with the State for the hx,t at a dates hereinafter provided for. It is fur ther understood that the parties of the | first and second parts may in Nike mar- ner hereafter contract to pay any other common expenses that pertain 10 State | and county convicts, in the same prop1r- ton. if they agree in respect to what such common expenses are
 "Tenth-That the party of tho second part further agrees to do all things nec- essary to be done by it in order to keep the capacity of said mines up to the out put of coal that can be mined by the said State convicts, If the same can reason ably be done.
 "Eleventh-That the party of the second part is also to furnish during the term | of this contract. and to enclose at its ex- pense, tillable lands for a garden of suf- ficient size to grow the necessary vege- l tables for said State convicts, the same to
 
 pense of the State.
 Twelfth-That the party of the second part shall furnish to the State whatever | coal that may be needed or required by the State at said mines for heating, cook l ing and lighting purposes, and for laun- dry offices and other purposes, which the State is to pay for at a rate per ton equal to the actual cost to the party of the second part for mining said coal, and dnliVeri0p af without profit to the party. of the second part; the price of the coal so furnished each month to be allowed to the party of the second part as a credit upon each settlement had with the State for the coal mined by State convicts.
 "Thirteenth-That all rules and regu- lations of force, or that may hereafter be of force. adopted and agreed upon between the party of the second part and free miners engaged fin mining coal for 1t, in respect to mining coal and for en- forcing the delivery of clean and mer- chantable run of the mine coal, not in- consistent with the terms of this con | tract nor with the working of convicts hereunder shall apply to and govern the | mining and delivery of the coal to be ! mined. Provided that the price of forty three cents per ton shall not be changed. Same as Free Miners.
 
 second part hereby agrees to pay to the State of Alabama for the coal mined by | said State convicts and delivered under | and in accordance with this agreement at the rate of forty-three (43) cents per | ton; the same to become due and payabl on the 2Oth day of each month during the continuance of this agreement for the coal so mined during the month next pre- ceding. at the office of the State Traesu- | oy.I IAf zLa I.a payment of the amount due the State for any coal mined under this contract at the time the same becomes due and paya- | he and suit at law he instituted to re- cover said amount. then all costs, in- cluding reasonable attorney's fec shall be paid by the party of the second part. "Fifteenth-That this contract is to commence to he of force on the first day l of January, 1903. and is to terminate on the thirty-fi first day of December, 1905 | "Sixteenth--It Is further understood and agreed that in the event the party of the second part should at any time be unable to obtain transportation for the coal so mined from its said mines, or for any other cause beyond it's control should be unable to remove said coal from said | mines and it cannot use the same in any | coke ovens it may then be operating at said mines, or in the event any accident
 
 machinery thereto pertaining. rendering the party of the second part unable to move said coal in. or to hoist the same from said mines, then and In either of said events the party of the second part shall he excused from receiving, during the continuance thereof, coal hereunder, either entirely or partially according 10 the extent of such inability; Provided. | nevertheless, that if any accident should ] N, SI,A t.4, thereto pertaining. rendering the party of the second part unable to move said coal in. or to hoist the same from said mines, it shall then and there be the duty of the said party of the second part. with all convenient diligence and dispatch, to remedy the evils resulting from such ac- cident to the mines or machinery therein in use. But it is further understood and agreed that in the event of scarcity