The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1918-01-24
THE FIRST ROUND WON
BY SMELLING COMPANY
BUNKER HILL MUST SHIP TO A.
S. & r. PENDING TRIAL
OF CASE.

The full text of the preliminary in
terlOcutory order of injunction issued
| by Judge Wolverton, of the federal
court of Portland, in the case of the
American Smelling & Refining COM
pany against the Bunker Hill & Sui
Ivan Mining & Concentrating COM
pany, and directed against the de-
PENDANT company, is here given:
The Order.
1T appearing to the court that for
several years prior to the commence
ment of this suit, plaintiff has been
receiving from defendant certain min
ing output and product hereinafter
more particularly referred to, and
that plaintiff is entitled to continue to
receive said mining output and pro-
duct, and that defendant threatens to
discontinue the delivery of the same
to plaintiff, and that the discontinue
ance of the delivery of the same to
plaintiff by defendant would irrepara-
bly, damage the plaintiff and that the
plaintiff has not a plain, adequate or
complete remedy at law, and that
probable ground exists for believing
that plaintiff is entitled to the relief
prayed for in the complaint herein
and it further appearing to the court
that the existing status between the
parties should be maintained and pre-
co
fore,
1T is ordered that defendant, it's di-
rectors, officers, servants, agents and
employees, be and they are hereby en-
Joined and restrained, until the further
order of this court, from shipping,
selling or delivering to any person or
corporation other than plaintiff, any
of the lead silver ores, concentrates or
shines or product thereof of the nor
NAL grade as hereinafter defined, min
ed or produced from any of the min
ing properties owned or leased by de-
PENDANT In the Occur d'Alene district
in the state of Idaho, and from caus-
Ing or permitting any of said ores,
concentrates or shines of the normal
smelter, whether owned by defendant
OF otherwise, other than the smelters
of the plaintiff, and from treating the
output of any of said mining proper
ties in any manner or method which
will deprive plaintiff of the smelling,
refining and selling of such output of
the normal grade aforesaid, or which
will diminish the amount of such out
put of the normal grade aforesaid de-
liverable to plaintiff, below what that
amount would be If such output be
treated in substantially the same man
ner that it was treated during the s.
year period ending June /, 1915. BY
normal grade, within the understand
ing of this order, is meant a product
between 80 per cent, and rs
per cent of lead content, the intention
hereof being that such portion of the
entire output of said mining proper
ties shall be made into said normal
grade and delivered to plaintiff by de-
fendant, as was the custom and prac-
tice during the 5year period ending
June /, 1915.
This injunction shall be in force
lpon plaintiffs filing with the clerk
Of this court an injunction bond exc
'uted by the plaintiff and by some
surety company authorized to do bust
less as such in the state of Oregon,
is surety, in the penal sum of $25O,O00 |
o be approved by the court or Judge |
hereof conditions, as prescribed by /
aw."