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

silver 1t has been or might hereay,..
have been able to save, and bar,.
could not show with accuracy its proft
in this connection. The qsantities ~
lead and silver saved also fluc,uat-
widely from time to time and are do
pendent upon many uncontrollabla oo0
tingencies, such as judgment and skin
of the metallurgist, unexpecte5
changes in quality Of ore, coke. lime
stone, ETC., unavoidable delays in tho
shipment of supplies, changes in waa-
Their conditions, particularly at East
Helena, and many similar factors
which cause the profit made by plain
tiff in handling the defendants ores
| to vary widely from month to month
and from time to time. entirely de.
pendent on the rise and fall of silva,
and lead values.
ID There is a definite limit IN tho
amount of lead Ores concentrates and
shines to be had upon the market
while from time to time and at var.
ious times" there is large demand for
such products for the purpose of using
the same in, smelling other ores, and
lalso directly for the value of the min
|eral lead, and if plaintiff should be de-
|prived of the said products promised
by defendant in its said contract. II
will be- unable to procure the same
elsewhere, and the amount of dam
ages and losses arising from such in
ability it will be difficult, if not i'm
possible, to estimate, but such dam
ages and losses will be great and in
fact irreparable and necessitate the
closing Of several furnaces.
Cd Unless a temporary injunction
is granted preventing the defendant
from diverting its product elsewhere
and compelling it to ship the same to
this plaintiff the business of the
plaintiff will be irreparably injured for
each and all of the reasons hereinbe
fore stated, which apply to final in
junction. / wish particularly to en-
phasize the disturbance of the business
VI Tie painful WHICH Will occur II
these ores are lost 1t means not
alone the loss Of this particular ore,
but it means the loss in smelling of a
large quantity of other ores which
the plaintiff can only handle If it has
the output of the defendant with
which to smelt them. This will be
particularly true at our East Helena
and Colorado plants. At East Helena
We need the defendants output, which
Is free from zinc, to mix with the
zinky outputs from other mines. If
we do not have it, our operations at
East Helena will be seriously curtai-
ed In Colorado we will have to aban-
don the smelling of considerable tom
nages of dry ores, especially those
from the Aspen and Creole district
Many of these tonnages we have un-
der contract.
II final injunction be granted in
this case, a great and rreparable in
jury would be inflicted on this plain
tiff If during the interval between the
present and the times of a final in
junction the plaintiff is not able to
smelt these additional ores which re-
quire the Bunker Hill ore for smelling
purposes. 1t would have to let that
business go. The mines producing
this ore would make other arrange
ments, and if under contract would
fnr do,
when the final injunction is granted
and we could again resume that bust
ness, we would find that it was lost
and gone to our competitors. | am in
formed by counsel that it will prob
IDLY be three to six months before this
2ase can be tried upon its merits Now
% lose the defendants ores for from
hree to six months will entirely upset
I'll our arrangements for that length
" time. These arrangements as l
lave shown, have been based upon the
that we were going to re-
eive the defendants output.
We entered into the Bunker Hill
in good faith. We paid
arge consideration, as I have hereto
ore shown. We have arranged our
BUSINESS on the supposition that the
ontract would be carried out in good
aith. We have increased our plants
We have entered into contracts for
ry ores. We have entered into con-
racts for supplies. We have incur
ed large liabilities and spent large
ums OF money on the assumption that
ne defendant would carry out its con-
ract for the life thereof. We can not
ow change this situation. If defend
mt does not ship to u.s. our business
Ill suffer. We will be made liable for
amages on account of failure to live
p to our contracts, and we will lose
large amount of business. How much
e can not tell
The defendant is not in this posi-
on 1t has not built up business. 1t
as just started. It knew when 1t
arted to build its smelter that we
ould bring this law suit. We notified
e defendant to that effect, both oral
and in writing.
Thirty-four different races of per-