Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1905-04-13


against the smeters follows;
That wrongfully and IN disregard Of
the rights Of the complainants said de-
PENDANTS have maintained and operat-
ed, DO SIN maintain and threaten 10
operate land unless restricted and for
hidden so to dO) will continue indeh-
nitely In the future 10 maintain and
operate said smelters in near and in
furious proximity to said property for
the reduction Of ores In great and ever
increasing quantities
THAT said smelters as they have
been and are operated by the defend
ants respectively and as they seyerally
threaten to continue TO operate the
same, are and viii be nulsances in
furious to the health, offensive to the
senses of your complainants, and have
interfered and win interfere with the
comfortable enjoyment Of life and the
said property Of your complantants,
GASEOUS POISON DISTRIBUTED.
THAT the said shelters are and have
been employed in the reduction Of ores
OF lead or copper or both and known
as sulghde ores, also containing iron
sulphates, together with arsenic, anti
mony and zinc, that IN the process Of
reduction the sulphur I'm said ores Is
reduced and converted into sulphur
dioXlde, all Of which is permitted TO
and does escape in the gaseous form in
to the atmosphere and Is borne by the
winds together with the dust, smoke,
and fumes Of arsenic and anthony
over and upon the farms Of your COM
plainants. That more than a thous-
and tons OF sulphur dioNide, as COM
plainants are informed and believe,
thus daily have escaped and do now
escape from said smelters and have
been and are now being sprend over
and deposited upon the lands in the
neighborhood Of said smelteTs, INCLUDE
ing the said farms Of your complain
ants. That coming IN contact with
the moisture in the atmosphere or upon
the soil or vegetables the said sulphur
dioXide becomes aulnhurOus acid and
TO some extent Is converted into sui
phurlc acid both Injurious to and de-
structiye Of both animel and vege-
table life.
WHERE INJURY COMES
That the fumes and gases escaping
from each of said shelters are COM
mingled I'm the air and together work
their injurious effects upon the farms,
property and wealth Of your complain
ants, That the fumes, and gases and
dust have been and still are permitted
TO escape and to be deposited upon the
farms, causing the destruction Of fruit
and ornamental trees, and Of the Vari-
Gus kinds of fruit, cereals and grasses
growing on said farms or so poisoning
the same as to render them unfit for
use. That the sulphur dioXide and other
fumes entering the houses Of your COM
plainar IS and pollutng the atmosphere,
"a offensive to the senses, and as your
COmpllinants are Informed and be-
lieve, is injurious to the health Of them
selves and families, That said fumes,
gases and dust either directly or by
poisoning the grasses upon which they
feed, have caused and are causing
many of the domestic animals Of your
complainants TO scken and die. That
each Of said complainants has been,
IL and viii continue To be damaged
from the causes aforesaid,
NO ADEQUATE REMEDY,
That for said injuries there is no
adequate remedy 1T law That said
defendants each threatens to enlarge
the capacity OF It's shelters and
increase the quantity of ores
to be smelted and reduced
thereby augmenung the injury 10 your
compalnants That the said injuries
and damages are progressive, cumula>
tive and the said grievances are and
will be constantly recurring, TO attempt
To obtain relief I'm actions at law could
only be by a multicipliclty Of such ac-
lions and the difficulty and expense
attending the same and Of making
proof Of the damage would render such
attempts at relief futile,
AREA INCREASE,
"That the area of lands miurously
affected az aforesaid is being constant-
~ Increased That the damage suffered
by your complainants and others SINH
larry situated in the aggregate as your
orators are Informed and believe al
ready exceeds the value Of said smell
ters,
"rhat II the said shelters cease to
operate or the said gases and fumes are
| prevented from escaping the said farms
may IN course OF time be restored TO
their former productivity after the said
acids have had time TO become neutral
! lied or to be washed out and eliminated
from the soil
PRAYER OF PROPERTY OWNERS.
Your orators, to the end that they
may obtain relief to which they are
Justly entitled In the premises, pray tho
| court To grant them your writ " sub
| poena directing the said America
Smelling 4 Refining company and 9TH
I cr defendants hereinbefore named, re-
Qulring them to appear herein and an,
sWer to the several allegations I'm this
| bill and your orators further pray that
permanent injunction be granted cir
Joining said defendants and each Of
! them from further continuing or oper.
atng the said shelters or either OF
| them and from permitting the escape or
| said fumes, gases, or dust or other
| agencies injurious to siad complainants
! or either Of them and such other and
| future relief as may to the court seem
meet and equitable"