Tazewell Republican. [volume] (Tazewell, Va.) 1892-1919, 1912-05-02
BR0WNING'S LOSE
IN Big VEIN suit
Decree For s15O,OOO Rendered in Favor of
lssssss Of Browning Mines by Judge
Mcdowell Of the Federal Court-Master
To Fix Additional Amount.

Much interest was aroused last Satur-
day, not only locally, but Throughout
the Clinch Valley and Pocshontss coal
fields, when it became known that Judge
Henry C. Mcdowell, of the United
States Court for the western district of
Virginia, had rendered decision in the
famous suit of the Big Vein Coal Com
pany, of Pocahontas, against James S.
Browning and Mrs. Ollie H. Browning.
his wife, which was instituted some
time ago by Thomas T. Boswell and
others of Baltimore, to recover a large
amount of money, they claiming gross
misrepresentation of the property by
the defendants at the time the lease was
made
On March the IL, 1909, the Brownings
sold to Boswell tract of land, upon
which was located the Browning mines.
leasing LOST acres of No. Pocahontas
seam Of coal. The royalty charge in
the lease was fifteen cents a ton, and in
addition bonus of $500, 900 was paid
for the lease. Mr.. Boswell interested
other Baltimore capitalists in the prop
erty, and the Big Vein Coal Company
was formed and paid to the Brownings
$4,000 of the bonus, leaving SIPS, 900
unpaid. The company met with finan-
cisl difficulties, and was placed in the
hands of a receiver by the United States
district court for the western district of
Virginia. Mrs. Browning appeared in
the suit and asserted her claim for $125.-
600, with interest. The Big Vein Com
pany, and parties interested in the
same, filed a cross bill in the suit, alleR-
ing among other things, that the Brown
lngs had mlsrepresented the area of
coal thof instead nf
Scres, there were 328. and that thew
were entitled to an abatement of pur-
chase price in the same proportion as
328 is to ,057, which was done by the
decree of the court.
Another reason offered by the Big
Vein Company for a reduction of the
amount of bonus, was that it had spent
$3.50, 900 in making the plant one of the
most up-to-date in the Pocahontas field.
whereas an expenditure of very much
less sum would have been ample for all
practicable purpose to mine the small
area of coal actually under the property
leased
Judge Mcdowell in his opinion render
ed says the matter of the bonus for the
property should be referred to a COM
missioner for investigation and, if nee
essary, for abatement of the amount of
NhC JULIUS IL pLOPOIIlOu " Inc amount
of barren land in the lease and to rec
ompense the Big Vein Company for the
amount spent in improvements should 1t
be shown that they were in excess of
the needs of the company for the area
of coal to be mined. The decision does
not touch the amount of minimum row.
atty, which was for the first three years
up to April, 1912, S22, 500 a year, and
subsequent to that date at the rate of
$45. .0G0 year.
Judge Mcdowell in his opinion pays
high tribute to the manner in which At
torney h. Claude Pobst, of this city,
handled the case as commissioner, and
recommends that he be continued in the
position for the purpose of ajudicating
the question of abatement on the bonus
The plaintiffs we're represented by
George w. st. Clair, of this place, and
Ketch, Wright and Lord, of Baltimore;
the defendants by Henson and Bowen,
of this city, and Judge A. A. Phlegar,
of ChristiansburQ.