service of notice or the commencement of a suit, or after final judgment for possession of said premises the Lessor may receive and collect any rent due, or that may accrue, and the payment of said rent shall not waive or effect said notice, or said suit, or said judgment or judgments.

Tenth: It is mutually agreed that no whiskey or any other intoxicants shall be sold on the demised premises, or any disorderly or disreputable parties allowed to harbor thereon, or visit the Lessee while occupying the same, and the Lessor reserves the right to evict any and all objectionable parties that may at any time be found on the said premises, and to that extent retains the ownership and control of the said premises.

Eleventh: The Lessor shall have free access to the premises herein leased for the purpose of examining or exhibiting same, or to make any needful repairs or alterations of said premises which said Lessor may deem necessary.

Twelfth: It is further agreed that rent for periods of less than a month shall be calculated at the same rate as is herein fixed for monthly rental.

Thirteenth: No additions to or changes in the premises shall be made by the Lessee without the written consent of the Lessor, and where such additions or improvements of a permanent nature are made, they will become a part of the property and must not be removed by the Lessee on the termination of the lease. Fourteenth: The Lessor shall not be liable for any damage caused by failure to keep said premises in repair, but it shall be the duty of the said Lessee to protect from damage or loss any property he may have upon the premises; and further the said Lessor shall not be liable for any injury or accident to any one in or upon the premises or passing by said premises by reason of any open or defective celler door or grating or open hatchway, or by reason of any other cause whatsoever, the Lessee hereby assuming any liability that may ensue.

Fifteenth: The Lessor may supply the premises with electric power for lighting purposes according to the following terms and provisions, and the Lessee agrees that the monthly or other charges for electric light service hereinafter provided for, shall be a rent in addition to the rent hereinabove stipulated and shall be collected as such:

(a) Connection is to be made by the Lessor with its wire system adjacent to the premises and the Lessor will supply and control all appliances, not including lamps, to transform and reduce the power furnished and to distribute it through the above premises; the power to be furnished to be such as the Lessor may from time to time have on its wire system.

(b) The Lessor shall have the right, at any time, to enter the premises to make inspections of the wiring and fixtures and to repair or alter or change the same. (c) The Lessor will furnish power between sundown and sunrise only, and shall have the right at any time and for any cause to discontinue said supply of power. (d) The Lessor will not be responsible for any accident or damage to said premises or any person or thing therein nor for any other damage that may be caused to any person, persons, building or other property outside of said premises resulting from the supply of such power.

(e) The charge to be made for such power shall be..

in the same manner, time and place as the rent herein before stipulated."

payable

Sixteenth: The Lessee hereby authorizes and directs the Lessor, until further notice, to retain out of the wages earned by and due to the Lessee by the Lessor the amount of rent and electric charges when due hereunder, and apply the same to the payment of such rent and electric light charge.

Seventeenth: It is mutually agreed that wherever it is provided in this lease that notice shall be given by the Lessor to the Lessee, such notice shall be a notice either oral or written delivered or given to the Lessor in person or a written notice left upon the premises.

IN TESTIMONY WHEREOF, the Lessor has signed this lease in its corporate name by its duly authorized agent, and the Lessee has signed in person, the day and year first above written.

CLOVER SPLINT COAL COMPANY,

Attest:

By

The affiants, R. E. Lawson and E. E. Davis, state that they occupy the positions on General Manager and Commissary Manager, respectively, with the Cornett Lewis Coal Company and have held such positions for the past ten years or longer. Affiants state that the following figures show accurately and correctly the net percent of profit realized by the Cornett Lewis Coal Company from the sale of merchandise made chiefly to the employees of said Company for scrip during the years 1931 to 1936, inclusive:

Subscribed and sworn to before me by R. E. Lawson and E. E. Davis, this 24th day of April, 1937.

[SEAL]

A. W. BABBAGE, Notary Public, Harlan Co., Ky.

My commission expires Nov. 15, 1938.

EXHIBIT 3161

Frankfort, Ky., Apr. 16, 1937.

Senator ROBERT LA FOLLETTE,

Civil Liberties Committee:

Kentucky Corrupt Practice Act was written by Senator M. M. Logan. It requires legislation lobbyists to register with State attorney general and file an itemized account of all expenses as lobbyist. The deputy sheriffs bill and the script bill were before the legislature which met in January 1936. I examined lobbyist record this morning and George Ward did not register as a lobbyist in connection with the script bill or the deputy sheriff bill or any other legislation from January 1, 1936 to this day. Neither has he filed any account showing expenses or dispersements from January 1, 1936 to this day in connection with the script bill, deputy sheriff bill or any other legislation. However Ward actually was in Frankfort opposing the two bills during part of the 1936 session. J. HOWARD HENDERSON,

Chief of the Louisville Courier-Journal Frankfort Bureau.

EXHIBIT 3162

Pearl Bassham's attendance at the meetings of the executive board of the Harlan County Coal Operators Association

1933.-January 18, February 15; no meeting in March, May 17, June 21, July 19, August 16, September 25, October 18, November 15.

1934.-February 14, March 14, April 13, July 18, August 15, October 17, November 21.

1935.-January 16, February 20, May 22, July 17, September 25, October 16, November 20, December 19.

1936. April 15, May 20, June 17; no meetings July, August, September; October 21, November 18, no meeting December.

1937-January 20, February 17, March 17.

Special meetings.-May 29, 1933, Bassham; January 24, 1934 (Harlan-Wallins); February 26, 1934, Bassham.

EXHIBIT 3163

EXCERPT FROM OFFICIAL TRANSCRIPT OF THE RECORD OF EVIDENCE IN THE CASE OF James Westmoreland vs. T. R. Middleton, No. 1590, TRIED IN THE FEDERAL COURT AT LONDON, KENTUCKY, NOVEMBER 30, 1936.

(From the testimony of T. R. Middleton)

Re-cross examination by Mr. TOWNSEND:

1. You said there were either forty-eight or sixty-two coal operations in Harlan County.-A. Mines.

2. Mines? A. Yes, sir. Some of these places have two or three mines, one operation.

3. At each of these mines there are deputy sheriffs?-A. There are at most every one of them, I expect, two or three.

4. They are paid by the coal company?

The COURT. He stated all of that.

A. I think I stated that, yes, sir.

The COURT. You are asking the same thing over and over.

Mr. TOWNSEND. I didn't get it if he said that.

The COURT. All right, answer the question, Sheriff.

A. They are paid by the coal companies where they work in the camp, live there and do the work.

5. Mr. Middleton, in the Sanders case you were asked this question: "How many?"-referring to the number of deputy sheriffs that were paid by the coal companies and your answer was, "I expect about fifteen of these deputy sheriffs are employed on a salary paid by the coal companies." Did you make that statement? A. Yes. May I explain that to you?

6. Did you make the statement first?-A. I made that statement. I want to explain it to you.

The COURT. Go ahead.

A. In a number of these camps the men who act in the capacity of officers do their work in addition to acting as officers, some of them are regular employees, doing other things. By that question and answer there, I meant that these fifteen officers who were on the payroll of the company and are paid by the company, do nothing except officer work only. A lot of these officers work at various other kinds of business.

SHERIFF T. R. MIDDLETON'S TAX RECORDS, ETC.

EXHIBIT 3164

The following are the charges against T. R. Middleton, sheriff of Harlan County, for taxes due the State of Kentucky for years of 1934 and 1935, the assessment date for the taxes July 1, 1933:

The following are the charges against T. R. Middleton, sheriff of Harlan County, for taxes due the State of Kentucky for years of 1935 and 1936, the assessment date for the taxes July 1, 1934:

The following are the charges against T. R. Middleton, sheriff of Harlan County, for taxes due the State of Kentucky for years of 1936 and 1937, the assessment date for these taxes July 1, 1935:

For December 1934.

.do.

For January 1935.

The following is a copy of the settlement of T. R. Middleton, sheriff of Harlan County, with the State of Kentucky for the years of 1934 and 1935, the assessment date for these taxes July 1, 1933:

Date

Oct. 15, 1934

Nov. 15, 1934
Do.

Dec. 10, 1934
Do.

Jan. 8, 1935
Do..

Feb. 8, 1935

Do.

.do..

The following is a copy of the settlement of T. R. Middleton, sheriff of Harlan County, with the State of Kentucky for the years of 1935 and 1936, the assessment date for these taxes July 1, 1934: