The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1917-03-22

event of the plaintiff winning this suit
the defendant must account TO the
J plaintiff for smelling rate equivalent
TO the rate of the Hecla Mining COM
pany in force at the time shipments
are made. In order To protect the
plaintiff in this respect the defend
date hereof, either file a bond, with an
approved surety company, in the sum
of $4,000 and shall thereafter file adj
Iditional bonds to cover the difference
between the amount obtained under
the Federal contract and the amount
that would have been obtained had
said ore been shipped under the IIecla
contract or in lieu of bond the Fed
eral company may deposit in the de-
pository hereinafter named in cash
the amount of such difference, and in
the event of it electng to adopt this
method settlements of such differ
ences and deposit of the proportionate
amount shall be made on or before the
10th day of each calendar month for
all ore settlements received during
the preceding calendar month.
/ fe) The court does not pretend to
hereby say that in the event of a re-
covery by the plaintiff that any item
which may be charged as mining or
milling cost is proper item to be
charged against the ore, nor does the
court hereby pretend to find that the
Heca rate is the proper rate which
should be applied during the life of
extraction of ore hereunder, but eth
ef party on n final accounting herein,
ii one>is had, shall be free to make
any showing it may deem fit to the
court as to any item of mining, mill
ing or of smelter rate. or of any other
TEN pertaining to the transaction,
including methods of milling, 1t is
understood that the defendant will
deposit the net smelter returns after
deductng the mining, milling and
transportation costs, as aforesaid and
the bond herein provided for, or the
deposit in cash above referred to in
lieu of bond is intended simply to
cover a difference, if any, between |
settlements under the Hecla contract |
and the Federal contract and the |
amount so deposited.
(D From the net smelter returns
the defendant shah deduct the costs
,f MINING trapsnortino on1 p,illiuo
the ore extracted, ascertained as
above specified, and the balance re-
shall be by the defendant de-
posted in depository to be named)
% be left there and paid out by said
depository under the order of this
court and to such party as this court
nay hereafter direct
(g) IF the defendant should com
nence extracting ore under the terms
above specified, and should at any
ime desire to cease such extraction,
t shall have the right OF so doing,
Dut such right if once exercised shall
lot thereafter commence the extrac-
ion of any further ore under the
erms above specified. If the ore is
extracted at all 1t must be at the rate
If not less than 100 tons per day,
subject, of course, to strikes, fires,
temporary breakdowns, or other
,auses beyond the control of the de-
'endant in it's ordinary mining oper-
atoms.
(h) The plaintiff will, at all times
rave the right of inspecting the works,
he transportation, the milling and ali
books of account and records kept in
Connection Herewith, and shall at all
lines have full access to the mill,
through its accredited representa-
i've, and. in general, shall have as
ull information in regard to the said
work as it may desire to possess; but !
t shall not, of course, unnecessarily
interrupt or interfere with the opera
ions of the defendant. The above
light shall include the right to have a
representative, if it desires, to check
he production.
. O The defendant in hauling the {
re out of the mine shall carry no
ther ore on the same train load. I
Cd The defendant shall monthly G
s it completes it's own accounts OF /
he work of the preceding month, fur j
ish to the plaintiff herein copy of t
II items pertaining to the extraction a
f ore, and all costs as above set r
Orth. o
3. Irrespective of mining and Of all b
he other provisions set forth in para t
raphs and 2. each of the parties
ereto shall, until decree shall have
cen finally entered herein, have the }