The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1918-02-07
Full Text of Judge Wolverton's Decision
in Case of A. S. & R. Co. VS.. Bunker Hill
Involving Construction of Ore Contract

rived at by counting silver at New
York quotations and lead at $50 per
hundred pounds. If, however, any ore
than SO per cent lead, a deduction Is
to be made from the freight and treat
ment charge of "a cent for each pound
of lead under SO per cent" but should
than SO per cent lead there shall be
added to the freight and treatment
charge " cent per pound above that
percentage. 1t is further provided
that 1.-THE mining company, In making
shipments, may exercise it's option as
to lead contents of ores, shines, and
concentrates, wherever the same may
be shipped" This Is known as the
differential clause. From the value
of each lot of products shipped, In
addition to above mentioned Tacoma
shipments, except as provided In Ar
ticle l, there shall be deducted a
freight and treatment allowance, fig
ured on dry weight, equal (without
regard to the actual destination of
the ores shipped under this contract)
to the sum of the tariff railway charge
for freight from the mines of the
mining company to Pueblo or Den
YER" plus an allowance for smelling
of $500 per ton,
The fourth paragraph provides that
deliveries shall be made to any smelt-
| ing plant owned by the smelling COM
pany, It's successors or assigns. Should
the mining company, however, desire
/ to ship greater amounts of ore than
the smelling plant or plants of the
: smelling company can conveniently
smelt, the smelling company shall have
the right to sell or divert such excess
shipments, at same rates, prices and
conditions as in the agreement provid-
ed for.
Then follow provisions for the pay
nent for the ores.
Payments for Ores.
| BY the eighth article the provisions
| are made to extend for a period of
rs years from February /, 1905, ex-
eept as subsequently provided.
BY the eleventh paragraph, 1t is
stipulated that, This agreement shall
be binding upon the inure to the ben
eft of the successors and assigns of
The respective parties hereto and all
its provisions relating to the sale of
ore shall, as the mining company, be
leemed to be and considered as a
covenant running with the land"
BY the 18th paragraph, the terms
of the agreement We're to continue In
any event until June l, 1910, and it
is further stipulated that thereafter
The mining company SHALL during the
remainder of the period, receive at
least the same terms, and, in addition
thereto, shall receive the benefit of
any and all direct and indirect reduc-
tons in charges, and any and all di-
rect and Indirect concessions in meth
DDS OF determining values in methods
of per centum deductions, in methods
of making quotations, and in any other
Ut any time after the date of the con-
tract by the A. S. & r. company, and
be in effect after June l, 1910, to
majority of the Occur d'Alene ship
pers.
The agreement was ratified by the
stockholders of the mining company. |
Supplemental Agreement.
BY a supplemental agreement, made
on the same day between the parties,
the mining company undertook to ter
inmate its ore contracts, which it then
had, with the Pennsylvania Smelling
and the Ohio and Colorado
company, and, on the other
hand, the Smelling company agreed to
use its best endeavors to procure the
of a contract then in force /
between the Selby Smelling & Lead
and the mining company.
The terms of section IL of the agree
ment, whereby it is stipulated that, in
case the smelling companies other than
The American Smelling & Refining
make rates that the smelling
does not desire to meet, then
he mining company may accept such
'ates, and may ship to such other
shelters after giving 60 days notice
o the smelling company, but that on s
he termination of such agreements, Z,
he smelling company agrees to con- {
niue to buy in pursuance of the prin- II
ipal contract II was further agreed {
hat the smelling company should have a
he right to resume the purchase of c
ny products so diverted by giving so a
avs notice to the mining company
its Willingness to meet the terms of a
he other shelters for the period for O
'hich the other smelters had offered to n
ontract. r
And Ii was also further agreed that a
he terms that are to govern under e
ause IL, unless the American Smelt- a
g & Refining company shall cease to +,
business or to purchase a majority p
the Occur d'Alene ores, shall be a
ose made by the American Smelling m
Refining company to majority of 81
oeur d'Alene shippers. and that, In p,
termining such majority, the min II
g company's ores and the ores of al