The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1917-12-06

Treating 1t and would ship that entire
output when SO treated to this plain
tiff which had the privilege of routing
1t to such smelter as il saw fit. From
the beginning of that contract in 1906
down to the breach complained Of in
tally did this.
When the amendment to the con-
tract Exhibit BAD expired in the year
1915 a phenomenal condition existed.
The present European war had broken
Iout During the first few months of
the war the lead industry was par.
TALLY paralyzed, but it soon became
apparent that the war necessities
Coupled with the condition of anar-
chy then existing in Mexico and labor
difficulties in Spain which shut off the
supplies of lead from those important
lead producing countries) would lead
to higher prices for lead, zine and cop
per.
AS, under the contract Exhibit b
this plaintiff shares equally with the
defendant in any increase in the price
above $40 per hundred, it became
apparent that the amount received by
! 1t on account of smelling defendants
ore would be correspondingly in
creased, and to deprive the plaintiff
of this benefit stipulated for in the
contract the defendant demanded a
radical change In the contract, de-
priving the plaintiff of such benefit
and failing to secure such change, set
out to build a smelter at it's mine In
Kellogg, Idaho. With the completion
| of that smelter, defendant began to
divert ores, concentrates and shines
that sohuld have been shipped to us
under the contract and treat them in
that smelter. Instead of as heretofore
continuing to make it's mine product
into normal grade and shipping to U.S.
and instead of treating the product
from its mine as it had treated it
during the preceding Is years of the
history of the mine, the defendant be-
gan to treat the ore in different
method and manner and to ship the
same to it's, own smelter.
Defendant has intimated directly
and indirectly that it intended hereaf-
ter to treat all the product from it's
mine in it's own smelter. 1t has threat
Iened and is carrying out the threat of
diverting its mine product from this
plaintiff to it's own smelter.
). This conduct on the part of the de-
PENDANT inflicts tremendous and ire
parable losses upon the plaintiff in the
following respects
(a) The amount of profit received
by palintiff in the purchase and smet-
ing of ore under said contract with
the defendant depends in part upon
the current prices of lead and silver
which fluctuate from day to day, and
the amount of damages that plaintiff
would sustain by the failure of de-
PENDANT to perform its said contract
would, if the same be calculable at all,
vary practically with each shipment,
because of the fluctuations. in the mar
ket prices, and hence would necessi-
tate vast multitude of suits, posi-
bly, new suit for each days shipment
since the profit on each days ship
ment, If ascertainable at ALL would
vary with the price of lead and silver
on each days
CD smelter can only approxim-
ately estimate the damage that is sus-
tanned by reason of the failure of
particular mine to ship ore, because of
the fact that the ores of each mine are
commingled with ores from other
mines in order to get the necessary
flux, the cost of smelling being dis
tributed to the entire charge, COM
posed of ore from several mines, maxi |
ing 1t always difficult and at times
impossible to ascertain what woulS
have been the cost of smelling If any
particular ore had been omitted and 7
some other ore from another mine or
other flux substituted therefor.
tc) The ore of the defendant be- /
cause of its high lead content, is de-
sirable for the smelling of what are
known as dry or silicious ores. Such I
lead ore Is distinctly limited in GUAM
tity. Few new lead mines have been
discovered in the United States in re-
cent years and old lead mines have t,
their output already contracted for If h
plaintiff does not receive from the de-
tendant the mine product that it is en- 4
titled to receive under it's said con- I,
tract, and that the defendant has been
shipping to plaintiff pursuant thereto.
plaintiff will be-unabe to smelt a large K
part of the dry and silicious ores that I
has under contract to purchase and I
'melt, and the plaintiff will be unable S
o buy additional silicous and dry II
res. Its smelling capacity will be c
'educed and it will be impossible for S
TO carry on its business to the ex- |
ent that IT has heretofore arranged t
md for which its several plants are S
dapted to carry on said smelling bus $
ness, all of which have been arranged i
ma based in reliance on the output to c
e furnished by the defendant COM n
any, and they will be unable to use r
ne large amounts of limestone, fuel. 8
nd supplies purchased to smelt said G
If plaintiff be not furnish n