The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1917-10-25

The hearing on the application OF
..a American Smelling & Refining
oompany for an order restraining the
p,,,ker Hill & Sullivan Mining &
concentrating company from smelling
-, own ores and to force shipments of
,o from the mine of defendant to the
.,,elters of the plaintiff under the
,orms of the existing contract was to
have been held in the federal court at
Portland on October IS, but was post
noned to a future date by agreement
of the litigants. In the meantime he
pnnker Hill & Sullivan company has
fled it's answer to the complaint. IT
is a voluminous document and is a
complete. review of the smelling con-
ditions in the Occur d'Alene district
since 1906 and its relations and nego-
tiations with the plaintiff company
during that period. The answer al
eges conspiracy on the part of the
plaintiff to control the lead production,
of this district, asks damages to the
extent of $3,000,OO0 wrongfully with
held since July, 1915, and asks that
the complaint be dismissed or that the
court find as follows:
Demands Of Bunker Hill.
/. Determine and adjudge that the
rates and terms which defendant
should have received since June l,
1915, are the full New York price for
81 ~,
of the ore shipped, with freight and
treatment charge of not exceeding SIS
per ton: and
2. Determine and adjudge that the
by accounting for and paying the
amount which defendant has been
wrongfully deprived of by plaintiff,
which sum defendant alleges amounts
to three million dollars and
8. Determine and adjudge that
plaintiff has no right in the future to
any of the defendants product which
may contain rs per cent in lead or
more or any of defendants product
which may contain 30 per cent lead or
less; and
A. Determine and adjudge that by
reason of plaintiffs refusal to accept
at its smoking plant at Tacoma
Washington, sufficient of defendants
product to yield 81 tons of metallic
lead per day, that hereafter defendant
may dispose of that amount of it's
product containing between 80 per
cent and rs per cent in lead in such
manner as it sees fit; and
s. Determine and adjudge that for
the present and until conditions de-
scribed in the answer and in clause
18th of said contract Exhibit b, and
the amendments thereof are changed,
the defendant shall not be required to
ship any of it's product containing be-
tween 30 per cent and rs per cent in
lead to said plaintiff, except upon con.
dtion that plaintiff pay to the defend
ant the full New York price for 80 per
cent of the lead contents of such ship
ments, and upon the further condition
that defendant shall not be required to
pay in excess of SIS per ton for freight
and treatment; and
G. Fix, determine and adjudge from
time to time until the year 1880, upon
the application of either party hereto,
what better rates and terms the said
defendant company shall be entitled to
under said clause 18th of said con-
tract as amended, or under any other
portion of said contract, and that up
on such determination this court fur
Their determine that defendant shall
not be required to ship thereafter I'M
til plaintiff shall have complied with
such finding; and
Z. That the court grant such fur
ther relief as may seem proper, includ-
ing costs.
Tacoma SmeIter Deal
Beginning with the purchase of an
interest in the Tacoma smelter by the
Bunker Hill company, the answer
covers the sale of that interest in 1905
to Barnard NJ Baruch, who it is al
legged represented that he acted in
his own interests, although, as mat
ter of fact, he was the agent of the
plaintiff. 1t also recounts the nego-
tiations that led to the sale of an in
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