The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1917-03-22
RESTRAINING ORDER ISSUED BY JUDGE
DIETRICH IN STAR MINING CO. VS.. FEDERAL
FEDERAL COMPANY PERMITTED ABOVE 800 LEVEL
ACCOUNT OF ALL ORE REMOVED DEPOSIT
DIFFERENCE FEDERAL AND HEcLA CONTRACTS

'eihS upon ana removing ore from
the Evening Star and Mary r. frac-
ton claims of the Star Mining COM
Pany, was heard in Portland last week
instead of in Boise, Judge Dietrich, Of
the Idaho district court, being In that
city holding court owing to the sick
ness of Judge Bean. The ATTORNEYS
who appeared in the hearing were
John L. Gray for the Star company
ana {, w, Beale. of this city, and
Judge Marshall of Salt Lake City, for
the Federal. r. II. Mofiltt. president
and manager of the Star, and Rush ],
White, the company's engineer, were
present, az were also F, H. Brownell.
president Of the Federal, and Freder-
lex Burbidge, general manager.
The application for the temporary
Injunction was made by the Star COM
pany preliminary to the trial OF tho
action brought by the Star for the re-
covery of the value of the ore alleg-
ed to have been extracted by the
Federal from the Star ground, and for
4 permanent injunction restraining the
Federal from further trespassing upon
Star ground. The value of the ore
alleged to have been removed Is over
100000 and the ore reasonably de-
veloped In the ground in dispute Is
placed at 100000 tons.
After hearing the arguments Judge
DIETRICH stated that the contention of
the plaintiff had not been sufficiently
met by the defendant, but that he
hesitated to issue an order that would
Interfere with the operation of great
mine, particularly under the present
favorable conditions. He therefore
suggested that the parties to the con-
troVersy arrive at an agreement which
he would embody In the order of the
court. This was done and the order
issued accordingly. Under this order
the Federal is enjoined from mining
under the Evening Star and Mary r.
fraction claims below the 500 level
and all ore taken from this level must
be milled and accounted for separate
ly All concentrates produced from
the ore taken out of the disputed
ground must be shipped to the Amerl-
can Smelling & Refining company and
the Federal company is required to
execute a bond covering the difference
in the amount 1t received under the
contract with the A. S. & r. company
and the amount 1t would have receiv-
ed If shipments had been made under
the terms of the Hecla contract. The
Star company will have free access to
the Morning workings and the Federal
will have like privileges in the Star
workings. The order Of Judge DIETRICH
here follows:
Preliminary Decree.
Star Mining Co. VS.. Federal Mining
& Smelling Co.
The above entitled case came on for
hearing on plaintiffs motion for a
preliminary injunction, and after the
hearing Of affldavits and the argument
of counsel for the plaintiff and the
defendant, the court being advised in
the premises, hereby orders:
j. That until the final trial Of this
case, the above named defendant be,
and 1t hereby Is. enjoined and prohib-
tied, except as hereinafter set forth.
from further penetrating in or within
the Evening Star and Mary r. frac-
ton lode mining claims, described In
the complaint and from entering,
digging within, extending any work.
ings within. mining or driving any
drifts raises or winzes or
other mining workings from within
the said lode mining claims or from
or removing therefrom any
other earth or rock.
2. The above named defendant
may, at Its option, extract any ore on
or above the 500 level of the Morn
ing mine. on the following terms and
to-wit
(a) Said ore shall be separately
mined, handled and milled and separ-
ately shipped to the smelter. The de-
fendant shall keep full and accurate
accounts Of the costs Of mining, mill
ing and transportation of said ores,
which shall at all times be open to the
of the plaintiff or its duly
accredited representative. The ore
shall be milled in what Is known as
the Morning No. mill, situate near
the town Of Wallace. In determining
the mining cost. the cost of labor and
supplies used in mining said ore shall
be charged thereto, and the cost per
ton shall not be arrived at by pro-
rating the entire Morning operations.
In addition to the labor and supplies,
any other charges which may be pro-
perly chargeable against said ore In
the handling thereof shall be deter
mined by pro-rating with the Morn
ing ores. Should dispute arise be-.
tween the parties as to the expenses
thus to be pro-rated, 1t shall be set
tied in the first instance by Mr.. James
F. Mccarthy. president Of the Hecla
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