The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1917-12-20
American Smelling & Refining CO. ~
Bunker Hill & Sullivan-- Reply AffidAyits
of Ell. Newhouse and F. w. Bradley

and w. Bf0dley
greatly increase the difficulties Of the
smelling operation.
/ note that Mr.. Bradley says tina,
the idea of inserting the average clause
was in order that he might be able ia
mix ores carrying 80 per cent and I'M
der with ores carrying rs per cent and
over, so as to- make am Intermediate
product The average clause would
not enable him to mix a low grade
product under 80 per cent, and a high
grade product over. rs per cent, any
more than he could do so without It.
On the contrary, the clause restricts
the mining company and favUrs the
smelter, because 1t compels the 'deliv-
cry Of product having a like average
as that which 1t had previously de-
lIivered AS a matter of fact, however
in the ordinary practice of milling.
with reference TO which we made this
contract, there would be very little
high grade and very little low grade.
The high grade would only normally
occur when rich pockets In the mine
We're reached This is seldom, and the
tonnage Is always small No other
mine in the Occur d'Aienel has ever
shipped product containing over rs
per cent lead except in insignificant
amount. &Nih4 H Htft 'Ali 7Hi =
The clause OF paragraph one Of the
contract, that the average product de-
livcred should be Of approximately
the same yearly, analysis and lead as
say as shipments. made. during amy
year in the 49, years spreeedingl Hike
the last section of paragraph ten, of
the contract (Which Is 10. the effect
that shipments will be made as fall. as
practicable Of approximately equal
amounts during each monthly was in
tended for the benefit of the smelling
company, as 1t Is obviously to the In
telest of such company to- have de-
liveries of ores and concentrates and
shines to 1T made In substantially UNI
form quantities and of approximate
ly uniform qualities. This is desirable
in carrying on its business. tr3uaG
The clause upon which Mr.. Bradley
relies-"The mining company, in maxi
ing shipments, may exercise its OPP
tons as to lead content of ores, shines
and concentrates wherever the same
may be shipped" not limit the
above statement. 1t Immediately fol-
lows the clause known as the Tacoma
dinerential, which made the price of a
certain amount of tonnage shipped to
Tacoma vary either upward or down.
ward from the regular price, according
as the percentage of lead should be
above or below SO per cent: The
clause was put i'm with the intent of
providing that, while we could i'm
sist upon our general average as stip-
ulated in the first and tenth clauses of
the contract, we could not control the
lead contents of the individual ship
ments so long as the Bunker Hill was
its contract average, this.
because otherwise we might prevent
the Bunker Hill from getting the bene-
fit of that differential. . ..,......
1t must be borne in mind that the
Tacoma differential provided for a
different rate at Tacoma than at any
other smelter, based upon the percent
age of lead. On ore running less than
SO per cent the Bunker Hill got a mon
etary advantage of 10 cents for every
| per cent of lead. Reciprocally, it
lost 10 cents for every / per cent of
lead exceeding SO per cent. This diff
ferential did not apply to shipments
to any of our other smelters, hence the
necessity of the above clause. Other
wise the plaintiff might have directed
The Bunker Hill company to ship any
individual lot. containing less than SO
per cent, to East Helena, for example.
nus depriving it of the Tacoma diff
erential, or 1t might direct it to ship
lot, containing more than SO per cent. |
o Tacoma, thus imposing an addition
u cost upon defendantA q The intent
IT the clause was that the Bunker Hill
bound to produce, the product
allied for by the, other clauses of the
might so arrange its individ-
lal shipments as to take advantage of
he Tacoma differential. and this me-
essitated their control of the lead
,ontent If individual. shipments
wherever the same might be shipped"
Q long as the same We're produced
s the contract required. The clause
bove quoted, 1t will be noted, gives
ne mining company the option only
making shipments. it makes no
eference to producing which is fully
overed by other clauses. i, stdsf,. q |!
Referring to paragraph nine of the
nswer note that the tonnage of the
lercules Is, stated to me 1900 tons per
lonth. This was true in the year
300, but that mine, rapidly increased
s tonnage until in. 1912 1t was ship
ing approximately 5000 tons per
'onth and in 1914 over 1000 tons Der
lonth. ..s....l II
In some of the affidavits of defend- 4
Mt reference is made to the purchase 1
plaintiff of lead ores from Missouri I,
ines. The lead ores of Missouri con- I
lined practically nothing but lead. '
ID no silver. The method of treating d