Daily inter mountain., 1899-11-09
The County Attorney Gives His
Views in the Matter.
ONE COMPANY DENIES
All Responsibility While Others Say
They Will Close Their Works
If Necessary.

county Attorney Connolly SUBMIT ed
to Judge Lindsay this afternoon his re-
port on the sulphur fume proposition as
applied to the city of Butte. The judge
took the matter under advisement.
In the document Mr. Connolly referred
at considerable length to the answers
made by smeltermen. In part he said:
ITO the Honorable John Lindsay, Judge
of the District Court aforesaid:
I'm pursuance of the order of this
court, made on the 9th day of May,
1899 directing him to report to the court
on the 1st day of November, 1899, whether
the causes producing the nuisance in
question Co-wit, the smoke nuisance)
: have been abated, together with such
recommendations as he may see fit to
make, in the event that the nuisance
complained of then exists, I respectfully
beg to report as follows:
First. That the causes producing the
nuisance in question have not been
abated, either wholly or in part.
Second. That under the order of the
court, l did, on the 9th day of October
last, write each of the smelling COM
panies having plants in and about the
city of Butte, asking for further infor-
nation in relation to steps taken since
the last order of the court, looking to the
ters We're addressed to all the companies
except the Parrot which, I understand,
has closed down it's plant. Answers have
been received from ALL
From these communication and from
others heretofore had from the smelling
companies, it would appear that, after
investigation and experiments and after
ample time allowed therefor, they are
unable to report any method by which
the people of the community may be -e-
NeEed from the discOmfortS, annoyances
and possible dangers of what is com
monty know as the smoke nuisance
Having arrived at this result, it w ould
seem to be time for action on the par.
of the officers entrusted with the solution
of this difficulty. if solution can be had.
Experience has shown that there have
been times in the remote and recen; last,
and that at any time a repetition may
occur, when promptand asservative
measures have been and will be required
to supn,ess the NUISANCE. The closing
period of two or three months in the year
would work grave hardship upon the
men employed in such plants, for the
reason that they would be compelled
each year to go without employment fer
hind the remainder of the year, or seek
employment elsewhere. In additiQn,
this IS matter entirely within the DIS
cretion of the smelling companies and
not matter over which, at this tine
the COURT could exercise any control
about Butte, it may not be out of place
to state, We're built, when they We're built.
at some distances from the center of pop
ulation, and long before the city of Butte
acquired the proportions it now possesses,
and when the Inconvenience from the
smoke nuisance affected only small pro-
portion of the people now affected. The
history of these concerns throughout the
country is that the disagreeable features
of their operation being generally known,
they are built at a considerable distance
from the centers of population. There ap-
pears to be a well-settled principle OF
law that where the suppression or abate-
ment of nuisance would result in a
greater hardship on the community than
the existence of the nuisance. that the
interests and prosperity of the whole
community will be considered. It would
be idle to contend that the suppression of
the smoke nuisance would produce this
result, even if the industry We're cur
tailed or entirely abolished in this vicin-
ity. The prosperity, the permanence, the
health and every vital interest of city
with population of $4,000 people is now
directly affected by the noXious vapo.s
from these plants. The smelling of ore
is only an incident to the great industry
which forms the basis of the prosperity
Of the city and it's inha abitants, and,
doubtless, had the city of Butte the popu-
lation at the time these smelters were
erected that it now has, no company
would have thought of erecting a plant
so injurious in it's operation to the peo-
pie living in proximity to it as these
smelters.
"In regard to the item Of COST it must