Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-01-07
7ATIY INTER MOUNTAIN: BUTTE, MONTANA SATURDAY, JANUARY I, 1899
THE SMOKE.
JUDGE LINDSAY PASSES UPON 1T
THIS AFTERNOON.

Judge Lindsay convened his court at 3
o'clock this afternoon and passed upon a
lot of matters he had under Amusement.
He admitted the will of Frank Stephens to
probate and appointed Thomas Stephens
administrator of the estate, fixing his bond
at $40, 900.
The following order in regard to the
smelter fumes was then made:
1t is manifest that the smoke which is
created by the operations OF the various
smelling plants adjacent to the city OF
Butte, viz: The works of the Colorado
Smelling & Mining company, the Parrot
Silver & Copper company. the bu.te re
Boston Consolidated Mining company and
the Montana Ore Purchasing company, is
an intolerable public nuisance and that It's
prevalence has become exceedingly detrl-
mental to the health and happiness OF the
residents of this community. The condl-
ton Of affairs referred to has existed for q
considerable length of time, and the ques-
ton of suppressing the nuisance has lately
been considered by the court, it appearing
| that the aforesaid smelling plants are not
provided with adequate means to carry tne
smoke emanating therefrom SO far away
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 lnuustflal pur-
suits and resources Of this locality, the I'M
mediate closing of which said smelling
plants would doubtless work hardship TO
/ the owners thereon ana IL pciSolS Gil
ployed therein and connected herewith;
but that with proper appliances the smoke
which pervades the said city ana consul
tutes the nuisance complained OF can De
so disposed of by those concerned IN It's
production as that the plants can be oper-
ated without producing the said pubic
nuisance. The judge of the court, after
having fully considered the premises ana
being fully advised. has, as heretofore an
nounced from the bench, reached the CON
clusion that the said nuisance shall be
abated as expeditiously as possible. How
ever. considering all the conditions sur
rounding the subject, it is deemed proper
and advisable that the persons ana COM
panies engaged in operations which pro-
duce such nuisance shall be given a reas-
enable length of time and ample oppor-
tunity to provide for the disposition OF the
smoke by proper means and appliances
which can be erected to prevent the same
from deluging the said city of Butte ana
snothering the inhabitants thereof. IL mas
accordingly been determined that on ana
after the first day of May, 1899, II SAID pup
lie nuisance shall recur, by failure of the
persons and corporations IN interest," 70
erect proper appliance to dispose OF the
smoke so that it will not be left III such a
position as to contaminate the atmosphere
in the CITY of Butte and its immediate
neighborhood, an action will be by the
court directed to be brought to enJoln anc
restrain a continuance of the operations OF
the smelling plants from which SAID null
sance emanates. If. by the time indicated,
the various companies concerned, or such
of them as may have manifested thelr N
tention and by their acts pfoceeoeu 70
abate the nuisance, then me coult W. ~
time as may be just and made to appear
necessary in order that such work as may
have been undertaken may without inter-
ference be COncluded.
served upon each of the companies III III
tereSt.