The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1917-12-20

Win k<BdTu nfTcto, 70 Hiis0auii'r
Prior 10 the time that weFexercised on
option TO take both the defendanr'
high and low grade prodaets, it is true
that under the contract crude ore ship
! pea 70 Tacema would haveSto run al
least 30 per cent. After the exercise
lof our option above mentioned there
was no longer any. question but thai
! We were entitled to receive defend
rant's~ entire output.
Mr. Bradley recognizes that from
4 1906 to 1915 the Tacoma company met
IcompetitEe bids on the high and low
ISrade~ products. The 7fsct IS We have
met them mp until not only 1915, but
since and have been and are now Will
Ing to meet them, IT should be borne
IN mind, however that the usual OPP
Y cratic of defendants plant Produces
a product mostly within the normal
grade containing from 80 to '75s pei
Gent lead and whenever and wherever
THAT grade Of product is produced
Whether in its mining, milling OF
smelling operations, the plaintiff Is
entitled to 1t at the rate prescribed fol
normal grade. The defendant has ND
right to retreat the product OF that
character so that It win be removed
Tout Of the normal grade and put into
high grade. Plaintiff has never recog-
nized the propriety Of any such prac-
title. g R5i9tl'2H "enia2z 2slj ~ 't6i
The examination of defendants
mine referred to by Mr.. Bradley, made
by Mr. Pope Yeatman, was in no way
RELATED to the dealings between the
parties to this action. W 33t t@l"A
Mr.. Bradley says that he claimed
that III 1910 plaintiff was not purchase
ling a. majority Of Occur dAlene ores
for the reason that we shodld not
count the ores to the Selby and Ta-
coma shelters. Mr. Bradley knew
thar we owned and we have at all
times since owned and controlled all
Of the stock OF both these smelters He
always dealt with these smelters as
American Smelling & Refining plants
and Shipments We're made to each of
them as plaintiff directed, these plants
like all our other plants, being mani
aged ana operated by plaintiff h'H
7 Mr.. Bradley says that they let con-
tracts to their architects for their
smelter as early as September, 1915,
while Mr.. Brush did not write his let !
ter notifying them of our position UNI
It'll November 1915. We did not know
that they had let any kind of con-
trpct at the time the letter was writ
ten. We stpl understood that they
had. the ma tier - Of cons tructing the
smelter under Amusement and, it was
not until February. 1915. that they fin
ally notified us that they had deter
mined to construct a smeter. Actual
Construction was not begun until
March or April, 1916. on aag. ggt>sAg
note that Mr.. Bradley states that
in defendant ssnew smelter they are
smelling lead ores, some of which car
ry 8 per cent zinc Not knowing of the
percentage of the ores smelted carry
ing this percentage of zinc no conclu-
siorls can be based on that statement
except that l do know that the Bunker
Hill ores do not average s per cent
zinc, while the Hecla, Sierra Nevada
and other ores (Which the Bunker Hill
has contracted to smelt) do run higher
In zinc. Hence. conclude that the de-
PENDANT is diluting the other ores with
the ores from the Bunker Hill mine, In
my Judgment, Kellogg is by no means
a logical point for lead smelling
plant. We ourselves examined the
Occur d'Alene for point at which to
erect a smelter and determined that a
smelter at that location was not war;
ranted because of the absence of dry
ore supply, and the, Bunker Hill peo-
pie themselves were in great doubt
whether to locate their new smelter
at Kellogg or at tidewater. hla 5s5l
10 Mr. Bradley names a. number OF
mines that, he says are new mines.
These are old mines, with the excep-
ton of the Interstate- Callahan. which
Is principally a zinc mine. The Bum
ker Hill company itself owns practic.
ally all the stock of the Sierra Nevada.
the stock of the Caledonia and other
companies either directly or through
Mr.. Bradley, Mr.. Easton or Mr.. Fol-
som, and has lease on the Ontario.
The Marsh mine is not profitable
mine;1 the Green Hill Cleveland & is
mere extension of the ore body of one
OF the Federal mines that has been
operated for over 20 years. a Ma,
In answer to further statements by
Mr., Bradley. would say that neither
pialntln nor any of its subsidiary
has given to the Federal
company. or to the Stewart Mining
company or to any other mining oom-
pany in the Occur d'Alene any better
rate or, terms thanothose which are /
new given to defendant under the con-
tract. For a certain kind of low grade |,
pre-, we. are giving a special rate to the i
federal company, but we have offered
ne same rate, to the defendant on the
'ame character of product. The de- /
endant attempted shipping that class |,
n ore and decided that it was not as /,
profitable as the method followed !,
heretofore and hence has not availed