The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-01-04
IT PROVED A F|zzLE
A Smoke Hearing in Judge Lind
says Court.
HE WILL TAKE ACTION
The Smelter Men Were Uncertain as to
What They Should Do-The Next
Move win Be Watched
With Interest.

The smoke hearing in Judge Lind
says court yesterday afternoon proved
a fizzle and disappointment. The smell
ter men and their attorneys were I'M
certain as to what they should or were
willing to do and Judge Lindsay cut
the whole business short by stating
that he would a action on the facts
already presented To him and adjourn
ed his court until next Saturday.
After some ex parte matters had been
disposed of, upon the converting of
court. Judge Lindsay inquired II tie
s~ubpoenas issued in the smoke matter
had been returned. Clerk Leonard in
formed him that they had. and the sub
poenas showed that Henry Williams OF
the Colorado smelter. Frank Klepetko
OF the Boston a Montana, Robert ID.
Grant of the Parrot. N A. II. weth-
ey OF the Butte Reduction works, had
been summoned in court and they were
present. No one connected with the
Montana Ore Purchasing
had been s~ubpoenaed. The smelter men
were represented by Attorneys j. j.
Mediation, w. II. DE Witt, George
Clark and l. o. Evans.
"This is confessedly n matter of great
public interest and Importance said
Judge Lindsay, speaking of the mat
ter before the court. THE examina-
ton about to be undertaken and the
suggestions sought cannot be consider
ed as a judicial proceeding. strictly,
and is a matter solely for the informa-
ton or the court, in order that, IL pos
sibie. a satisfactory solution OF the
problem now confronting us may be
reached without recourse to measures
which might otherwise appear neces-
sary.
IF the managers OF the various
smelling plants consider that they have
heretofore set forth their views I'm the
letters submitted to the county attor-
ney. then the court, so far at least as
this examination Is concerned, need not
proceed. The opportunity to now APP
pear Is. In my estimation. a privilege
extended to the various persons and
corporations I'm interest. Such state
ments as may now be made are alto
gether optional. and. as suggested. Tor
the information of the court alone. IL
the parties in interest desire to Re
heard before further action is taken.
then ! shall be glad to listen 10 what
they have to say II none OF the per-
sons su~bpoenaed wish To be heard. then
the court will take the responses TO the
attorneys letter as a basis for
its action, and Will be governed as its
judgment dictates. Furthermore. l
shall take the opportunity now of say
ing that the ounty attorney will APP
point no engineers. as suggested, nor
viii the court sanction such proceed
ing. The persons responsible for the
nuisance may employ such as
sistants as they desire. They will not
be employed at the expense of the pub
lie"
Judge Lindsay added that he would
be pleased To listen to anything the
men or their attorneys had TO
say. The courts remarks had evident
ly taken the smelter men and their st.
torneys by surprise. Not one had a
word to say, but they hurriedly held a
consultation among themselves, but no
one Indicated to the court that they
wished to offer anything further. or
had N suggestion to make. and after
waiting for several minutes. the court
said: The entire matter will be taken
under consideration. As soon as I have
determined upon such course as IL may
be decided to pursue. the county attor-
ney will be informed concerning the
steps which shall be taken
Before the smeltcr men we're aware
Of il, court had been adjourned and
Judge Lindsay had left the bench. Dne
NJ the attorneys for the smelter men
afterwards stated that they needed
to consult as to what they should
DO, n were discussing the courts sug-
hat the smelling companies
employ engineers on their W response
bility to investigate the fiue plan or
other practical means OF getting rid OF
The smoke nuisance. when the court
Interrupted and ended the consultation
by a~djourning. The court, however.
lad not been asked for time to hold a
consultation or IL would undoubtedly
a v readily been granted.
The next move in the smoke question
will be awaited and watched with
growing interest