v1132-589

Document Title Page

1918

Honorable Erskine M. Ross, William W. Morrow and Will-

iam H. Hunt, Judges of the Circuit Court of Appeals

for the Ninth Circuit.

Minerals Separation, Limited, et at., vs. Butte da Superior

Mining Company No. 3081.

Sirs :

We have received copies of plaiu tiffs-appellees' letter to

your Honors, dated April 6, 1918, wbicli is, in effect, a supple-

mental argument. We do not wish to enter upon a battle of

briefs, and would much prefer to let the matter rest where it

is ; but appellant is entitled to the last word and the import-

ance of the case to the American mining public is such that we

feel we must leave no stone unturned in our effort to assist the

Court in dealing with the extremely large record in this case.

The purpose of the latest argument for the plaintiffs is to

convince the Court that the proofs in this case establish the

proposition that mineral oils will not produce a froth, and are

not useful for concentration purposes, although it is admitted

that they have a " preferential affinity for metalliferous mat-

ter ", and that larger quantities of oil than a small fraction of

one per cent., except in the case of mixtures of oils, are not

permissible in the agitation-froth process. The exact contrary

to these propositions is established in the record, as we have

shown in our main brief, supplemented by our typewritten

memorandum handed up during Mr. Bull's oral argument. As

these references to the record are now scattered through our

brief and type-written memorandum, it seems to us that the

best reply we can make to plaintiffs' arguments, and the best

service we can render to the Court is to collect these scattered

references together and repeat them here without argument.

This will not be new argument, but only old argument re-

arranged.

Crude petroleum as it comes from the wells is divided by

what is termed " fractional distillation " into various grades,

which are known in commerce as " gasolene ", " kerosene "

" fuel oil ", " lubricating oil " and " residuum ". That is to say,

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