The Hattiesburg news. (Hattiesburg, Miss.) 1908-1917, 1909-03-31

ninety days from the date hereof, the1
said cars so in conflict shall be deem
ed satisfied and eliminated from this
settlement
This agreement and settlement Is
made expressly subject to and upor
the following conditions precedent. to
wit:
"(a) That this agreement and pro
posed settlement shall be approved
by the interstate commerce commits
sion and an order authorizing the
same shall be entered by said commits
sion, and upon payment in accordance
with this agreement by said railways
said cases shall be entered dismissed
"(b) That the above-named attor.
neys and other undersigned attorneys
shall obtain the written consent of
each of said claimants represented by
them, authorizing and ratifying this
agreement and settlement and deliv-
er the same to the special attorneys
of the clearing houses.
"(c) That said first parties and
their said clients will furnish to the
clearing houses established by second
parties all expense bills and other
documentary evidence. or if not rea-
sonably procurable, then other suffi-
cient proof of the payment by or for
them respectively of said advanced
rate
That in case any claim or claims
based upon shipment of lumber f. o. b.
the mill shall, after notice to the par
ty of the first part in interest, be es-
tablished against any of said railway
companies for or on account of any
of the claims or items therein of said
clients of the parties of the first part,
and said clients as shall have here
under received refund on account of
said claim or shipment shall upon
demand repay to such railway COM
pany of companies whatever sum he
Or they have received on account of
such item or items.
1T is further understood and agreed
that the aforesaid settlement does in
clude all claims for attorneys fees
that might be asserted by parties of
the first part or any of their clients
aforesaid, for or on account of or in
connection with any of said claims
from the territory aforesaid.
1T is expressly understood and
agreed that the above named agree
ment and settlement does not include
all claims Of whatsoever kind or ma
ture for reparation of the advance in
rates of freight on yellow pine lumber
hereinabove described which have
heretofore been filed by the above
named attorneys or by the undersign-
ed claimants in proper person from
said designated territory, and that
each of said firms and claimants does
hereby covenant that they will not as
sert against the said railway COM
panics or any of them any other claim
on account of reparation for said ad-
vance in rates that has not been filed
| heretofore. before the interstate COM
merce commission or in a court of
justice.
1T is further understood and agreed
too
shall be without and admission what,
ever on the part of the parties of the
second part or any ofthe carriers af-
fected thereby, that any of the said
rates for which reparation is now
| made We're or are excessive.
"A statement of the result of the
investigation of the clearing house
shall be furnished to first parties, and
in case of disagreement as to allow
ance of an item or items the same
shall be submitted without delay to
one arbitrator to be chosen by the
parties in interest or, in the event of
failure to so choose, each party shall
select one arbitrator and these shall
select an umpire, all for the speedy
adjustment of such differences, and in
the event of arbitration to the costs
thereof shall be borne by the unsuc-
cess party.
ga list of the names of claimants is
appended hereto as a part hereof.
''In witness whereof the parties
hereto have hereunto set their hands
and seals this IS day of March. 1909.
Attorneys for Lumbermen-Mar
cellus Green, VIM. o. Vertrees, Gould
er, Holding, Masten, by Frank S. Mas
ten. Frank S. Bright.
Attorneys for Railroads-Louis-
vile e Nashville railroad company.