Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1890-05-23
ITSACASE OF SPLITS.
The Pennsylvania Salt Manufacturing
Company Not EpjOined,
BUT MUST PAY COSTS AND REFORM.
A 6O-Year-0ld Shoplifter Convicted on
Ten Charges.
TIE OTHER NEWS FROM THE COURTS

In the equity suit of the Arnold Goa
Company, limited, and William Metcalf
plaintiffs, VS.. the Pennsylvania Salt Manu-
/ featuring Company, the master, n. S. Will
Jams, Esq, has made his report to Common
Pleas No. 2. The matter has been very
stubbornly contested by NJ. A. Woodward
for the plaintiffs and J. E. McKelvey and
J. s. Ferguson for the defense. The hear
ings began on the 10th Of July last.
II was claimed that the salt works Of the
defendants, at Natrona, were sort OF deadly
upas not only affecting the health Of people
in the vicinity. but vegetation Hs well, and
that the baleful effects OF noxious vapors
were 30 destructive to vegetation on Jack q
Island that the root decay was allowing the
river to gradually dredge the island and
convey IL to the future continent forming in
the our Of Mexico. The Testimony was very
Voiuminnus, being that Of farmers, mechanics
and scientists pro and con, flHihtihH asked
f6f preliminary and also n perpetual iha
junction o. prevent defendant from operating
the works until o. provides adequate nsabs 10
pTsvsnt lie alleged evil effects complained Of,
Defendant denied OF e9nlfoVeTled the majority
of tho Avermenu IN tile plaintiffs hill'
FINDING or THE MASTER.
The Master nnds that plaintiffs evidence WAS
Go the effect that the ores smelted are copper
Oras bearing gold ana silver and containing
lead and sulphur that the smelling emits into
the atmosphere gases, vspor and fumes con-
tanning lead, copper and sulphur that Jacks
Island 10 in danger of disIntegrRti0n and de-
pOrtation II the aforementioned fumes are al
lowed 20 continue 20 be emitted, aud that the
noIious gases, fumes and YapOrs are doing
damage 10 he lands OF the Arnold Coal Com
pnuy aud William Metoalf; that the means pro-
vided for cleansing the gases, etc, are the
same as those employed IN Great Britain, 10
certain extent, but not so extensively
aud thoroughly as IN Great Britainj
that these gases, etc, are harmful TO animal
and vegetable life In contact Herewith; that
they arc emitted into the atmosphere from
brick stack, lH7 feet high; that In the immedi-
ate neighburhOod OF defendants works num-
her oi coke ovens throw large quantities OF
sulphur into the atmosphere; that defendants
since January 1883, and up TO October, 1881,
had treated between 100000 and lS0OO.0O0
pounds Of the ores OF the character above men
toned, and that from the ores so smelted have
collected and shipped about three tons OF mer-
chantable lead, and that its policy was 10 OBJ
tain ores ~ tree from lead rs poss BILE, and the
per cent Of lead In each charge Is kept as low
as possible. not exceeding one-halt OF per
cenl, and that plaintiffs and their families and
servants have suffered slight pam and discom.
fort from inhaling these gases, etc.
The Master finds that the main question is
whether the gases, ETC., emitted were in suf-
aud vegetable life, ana have so effected plaint-
IFS in their persons or property. He pauses to
remark that the burden OF proof being on the
plaintiffs to show the deleterious effects COM
planned of. lie regrets that they did not accept
The proner Of test by defendants. and states
that it was declined on the ground that the
works could be SO operated and manipulated
during such test as to prevent the ordinary
effects from being produced. The testimony
of experts is referred 70. "as is usual in such
cases. was almost diametricAlly opposite"
WHAT is ACTUALLY DONE.
Finally the Master proceeds to state that
from the testimony given at 81 hearings he is
not able to find that plaintiffs have sustained
substantial injury either in person or property,
other than in personal discomfort, when the
vapors are carried by the wind over their prop
s-ty, but he does find that these Yapors in the
cofnbnatOn in which they issue are vegetable
anil animal poisons, and their effect is a cumul-
atiy'c one and he does find that the language
OF Judge Gordon, in Pennsylvania Lead Com
palIy's appeal Sc L. $. page l25 that the bill is
sufficient 20 evoke the action of court of
equity" is peculiarly applicable to this case
and, further, that it is the cumulative char
acter of this Ininry. 1t increases from year to
wear, not only as the works are enlarged. but as
more and more lead is added to the ground.
The deposit being an indestructble metal that
Is neither evaporated or absorbed must neces-
sarily accumulate.
While the Master does not think the plain
titfs have been damaged to warrant the in
juEction asked for, the evidence satisfies him
that from the cumulative effect of these sub
stances complained of there is danger, unless
additional means are adopted by defendant for
eliminating the obnoxious substances emitted
from the stack, it may be only question of
time until plaintiffs are substantially injured,
property destroyed and health and lives en-
danCered He, therefore, recommends that
while the Court dismiss plaintiffs bill. it be
without prejudice to their rights 10 file new
one in future for the grievances complained of,
and that defendants pay the cost of proceed
ings, the evidence fully justifying plaintiffs IN
making the inquiry, and he submits form of
decree TO that effect