The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1903-12-20
SHELTER MUST
CONTROL FUMES
Judge Hall Decides Damage to
Crops Shall Stop.
MAY CLOSE DOWN PLANTS
INTERLocUToRY DECREE OF I'M
PoRTANCE Is RENDERED.

The Highland BOY Gold Mining COM
pany must devise some means Of con
trolling the sulphur fumes which conc
from its smeIter and destroy vegetation
ir the immediate vicinity, or Judge
William @. Hall intimates that ne viii
enter an order that John Evans may
be compensated annually or otherwise
io7 damages sustained while such
smelser is in operation
The scope Of the interlOcutOry decree
handed down yesterday morning by the
judge is that the. company must find or
devise some means of controlling the
fumes which come erom its smelter and
damage the crops Of farmers who live
Ia the immediate vicinity. II the com
pauy fails 20 co that. Judge Hail leaves
the impression that ne VIII either grant
the irlunction prayed for By John Ev-
ans the plaintiff. which would mean
the closing down Of the smelter or force
the company 10 annually or otherwise"
compensate Evans for the damage done
To his crops.
Similar actions have been brought
against the Highland Boy people by
other farmers, and the other snelters
in the southern part of the county have
been. made defendants to like suits by
formers affected by the fumes from
:
smeiter can be closed down, or forced
to PAY damages annually or other
wise TO farmers living near the plant,
thar all win come under tine same rul-
: ing.
His Crop Destroyed.
Evans sued the company some time
ago for damages, alleging that the
fumes from the company's smelter de-
stIOyed his crops, shade and fruit trees.
He asked for an Injunction which, If
granted, would have closed down the
! plant The case was duly tried, and
( Yesterday Judge William C.. Hall Of the
probate division of the district court
I handed down interlocutOry findings and
( introductory decree.
( The court finds that sulphur fumes
/ from the smelter DO damage to the veg
citation and crops on Evans farm, ana
viii continue TO do so as long as the
I plant is operated and the fumes are
not controlled. tt also Arrears froG
/ the evidence that the company may. by
! raising the stacks IF the smelter some
/ 100 feet higher. abate the cause Of the
( damage. In view Of that fact the COM
/ pany is given until June ], 1904, to as
! certain and report TO the court whether
/ il can eliminate the damages caused to
the plaintiffs land by the operation Of
4 its smelter, and il not successful, then
/ the court will take further evidence
So as 20 determine whether there IS
/ any practical method of so doing
Court May Take Further Action.
/ IF it should be then determined that
/ there is not, the court viii take such
] further action in the premises as may
! be proper, upon additional or supple
/ mental pleadings and further evidence
/ in the action. to compel the defendant
/ to condemn an easement on that por-
/ ton OF the plaintiffs farm so held TO pe
7 damage by the disposition Of smoke,
/ gases, fumes or other Injurious suo-
/ stances, SO that the plaintiff may be
( compensated annually or otherwise for
! damages sustained while such smeltct
4 is in operation"
( The Judge says Evans is mi
/ estOpped to maintain this action, but is
not entitled to an injunction pending
/ the further hearing and determination
/ Of this case" The right to take further
/ testimony is reserved byNJudge Hail.
/ and in the meantime the further hear
/ ing and determination of the case rs
/ taken under Amusement.