The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1903-09-09
KANSAS zEpHYRS
BLOW FROM SOUTH
Causing Dust from Asphalt
Mixer to Settle on Union Mills
INJUNCTION APPLIED FOR
Wind Changed and Mixer
Continued to Mix.

The big asphalt mixer in the jungle
along the banks of the Arkansas river
south Of Douglas avenue. was closed
down for an hour yesterday morning, and
its further running will be determined at
s o'clock this morning when the argu-
ments for and against the operation of
the plant will be heard by Judge Dale of
the district court on a petition for an
injunction by j. E. Howard of the Union
mills
The plant was allowed to operate yes
terday because about the time the sum
mons in the case was served the wind
changed from the south TO the north and
the ashes and dust complained OF by Mr..
Howard did not bother him the balance
of the day The Union mill is directly
north of the asphalt mixer and the dust
from the sand drum flies into the mill
and this is what Mr.. Howard objects to.
If the Kansas zephyr would only blow
about two weeks there would be no need
of an injunction as the dust would fall
on stretch of sand.
Two more weeks work would finish the
West Douglas avenue pavement and
every one west of the river is hoping
that the wind will blow from the north
until their street is in good condition
The dust that is thrown off from the
sand drum is very light weight and flies
through the air quite readily. Its color
is light grey and Mr.. Howard alleges that
il gets into the -four unless the mill is
closed, and this is an injury to The pro-
duct and to the employees.
When Sheriff Schad went down to the
asphalt works to serve the notice of the
temporary injunction the men who were
running the plant were inclined to give
him the horse laugh because the owners
of the plant were not present
Sheriff Schad asked who was running
the machinery and man giving the
name Of Isaac Dunn said he was that
Individual Well said the sheriff. you
are the man l am looking for I do not
care about the owners. You would better
stop this thing right away or you are
liable to be put under arrest for con-
tempt of court
That brought the foreman TO his senses
through the grist in the mill. which was
granted after which the machinery was
stopped and the men laying the asphalt
pavement on West Douglas avenue were
also compelled to suspend operations.
J. e Howard went to the asphalt plant
with the sheriff. and when he came back
to his mill ne called the attention of the
people present TO the dust settled in his
office and all around the outside of the
mill. II was a sort of grayish dust caused
by the crushing of rock AT the asphalt
plant.
Mr.. Howard pointed TO the large reser-
voir south OF the mill into which he blew
all the dust from tie mill caused by the
cleaning of wheat. He said he had to
take care of his own dust and if he were
to blow it into the streets and allow his
neighbors to protect themselves against
is the bet they could, he would expect
to get mobbed.
Mr. Howard said he did not like to in
terfere with the paving business but this
thing was an intolerable nuisance and
when he went TO the asphalt people to
complain he could get no satisfaction
from them.
The Union mills are situated on the
south side of Douglas avenue within $50
feet of the river bank. The asphalt works
are about block and a half south Of the
mills, and the prevailing south winds
drive the smoke and dust directly toward
the mills The mills are doing a large
business and this annoyance has worked
Mr.. Howard up to the fighting pitch.
| \ case somewhat like this one was be-
fore Judge Dale some two months ago.
4 Stanley, Vermillion Evans asked for an
( injunction against the Chesapeake res
taurant on the grounds that the smoke
from their kitchen was forced out OF the
kitchen and into their Office windows by
means an electric fan. In that case
the proprietors of the restaurant were
given notice that the injunction would
he granted but that I would be suspend
: ed in case the restaurant people erected
a smoke stack to carry the smoke above
the windows Of the office Of the law
/ firm. which they did. In case the rea-
sons given for asking the injunction are
F found TO be sufficient. the court may give
/ the asphalt company an opportunity to
provide means for takins care of the
/ smoke and dust Should Judge Dale
+ grant the permanent injunction this
morning the paving company would be
compelled 10 move the plant