The Anaconda standard., 1899-01-08
GIVEN UNTIL MAY FIRST
In Which to Find a Plan to Abate
the Smoke Nuisance.
FOUR MONTHS OF GRACE
Injunction Proceedings Will Be Insti-
tuted by the Court If the Smelter
Managers Don't Find Way
by That Time.

| The smelling companies of Butte have
been given another opportunity to
abate the smoke nuisance without be-
ing compelled to do so without the en-
forcement Of the law. Recognizing the
hardship that would result by action
that would close down the smelters at
this time, Judge Lindsay yesterday
made an order giving the companies a
reasonable time in which to abate the
nuisance. If something is not done by
the 1st of May the court will direct in
junction proceedings to be Instituted
which will result in shutting up every
smelling plant in Silver Bow county.
The smelters can stop the smoke if
they will, and can do it at a profit to
| themselves. If they will not do it vol
unfairly they will be compelled to do
it, and there are no two ways about it.
Judge Lindsay's order is as follows:
1T is manifest that the smoke which
is created by the operations of the var
ious smelling plants adjacent to the
city of Butte, viz: The works of the
Colorado Smelling and Mining COM
pany. the Parrot Silver and Copper
company, the Butte Reduction works
(W. A. Clark), the Butte & Boston
Montana Ore Purchasing company is
an intolerable public nuisance and that
its prevalence has become exceedingly
detrimental to the health and happi-
ness of the residents of this community.
The condition of affairs referred to has
existed for a considerable length of
time, and the question of suppressins
the nuisance has lately been considered
by the court, it appearing that the
aforesaid smelling plants are not pro-
Vided with adequate means to carry the
smoke emanating therefrom so far
away as that it will not fall in and
about the city of Butte. Nevertheless,
it is recognized that the source from
which the smoke Issues is connected
with the industrial pursuits and re-
sources of this locality, the immediate
closing of which said smelling plants
would doubtless work hardship to the
owners thereof and the persons en-
ployed therein and connected there
with; but that with proper appliances
the smoke which pervades the said city
and constitutes the nuisance complain
ed of can be SO disposed of by those
concerned in its production as that the
plants can be operated without pro-
ducing the said public nuisance. The
judge of the court, after having fully
considered the premises and being fully
advised, has, as heretofore announced
from the bench, reached the conclusion
that the said nuisance shall be abated
| as eXpeditiously as possible. However,
considering all the conditions surround
ing the subject, it is deemed proper and
advisable that the persons and com
panies engaged in operations which
produce such nuisance. shall be given a
reasonable length of time and ample
opportunity to provide for disposition
of the smoke by proper means and ap-
pllanceS which can be erected to pre-
vent the same from deluging the said
city of Butte and smothering the in
habitantS thereof. 1t has accordingly
been determined that on and after the
1st day of May. 1899, if said public nuis-
ance shall recur. by failure of the per-
sons and corporations in interest to
erect proper appliances to dispose of
the smoke, SO that it will not be left in
such a position as to contaminate the
| atmosphere in the city of Butte and its
immediate neghborhood, an action will
be by the court directed to be brought
| to enjoin and restrain a continuance Of
| the operations of the smelling plants
| from which said nuisance emanates If
| by the time indicated the various COM
| panies concerned, or such of them as
may have manifested their intention
and by their acts proceeded to abate
the nuisance, then the court will be
| pleased to grant such further reasona-
BILE time Is may be just and made to ap-
pear necessary, in order that such work
| as may have been undertaken NAV
| without interference be concluded.
"A copy of this order is directed to be
| served upon each of the companies in
| interest"