Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1905-02-18

deputy, We do not see how any othe
conclusions could have been arrived a
by the attorney than those submittel
to the board In response TO the question
propounded. which was:
"Can the County Board Of Health
abate amelter smoke AZ n nuisance II
although not dangerous 10 human lie
u Is annoying 10 the senses and IL dan
gerous to animal and vegetable lIfe2'
In reply, the authority OF the health
board is shown TO be lawful. and tina
the board is properly constituted. IN,
definition OF criminal or public nuts
ante Is then given In the language Of
the statute on the subject The chief
point In Il is the first subdivision Of sec.
ton 1915, Revised Statutes 1898. which
Isl
| "A public nuisance IN a crime against
the order and economy Of the State
ana consists In unlawfully doing any
act or emitting to perform any duty
which act or omission annoys. Injuries
or endangers the comfort repose. health
or SAFETY OF three or more persons"
Under that definition, that the smell
ter smoke Is a public nuisance, Is be-
You'd fair controversy That Il IAN.
noys' more than three persons and
endangers their Comfort" also that II
Injuries them In property, must be evil
dent 20 every person acquainted with
the facts that have been brought for
ward By the farmers In their COM
plants. The same statute declares that
TO be n public nuisance which in any
way renders three or more persons In
secure IN life or the use OF property"
The destruction Of animal and vege-
table lie which has occurred because
OF the smelter smoke, IL therefore clear
~ criminal nuisance under the law
There is another provision in chapter
10, Laws Of 1899. which defines the fol.
lowing as a nuisance;
Whatever Is dangerous 10 human
life or health and whatever renders
soil, air water or food impure or un-
wholesome, are declared 10 be nulsances
and 70 be Illegal; ana every person.
either owner agent or occupant, hay-
ing aided IN creating or contributing
to the same, or who may support. con-
tlnue or retain any OF them, shall be
deemed guilty OF amisdemeanor'
This goes direct to the subject Of the
farmers complaint, and there cannot be
any other logical conclusion than
that the smelter smoke Is, un-
der the law public or criminal
nuisance. and that the County Board
OF Health is empowered to abate Il, and
cause It's removal. 1t il true that one
member Of the board voted against the
decision Of the other six members, that
"the fumes from the several shelters
be declared nuisance and order same
abated,' but the reason he offered for
voting no" was sngularly irrelevant to
the matter as presented by the attor-
ney and by the facts, lie did not thing
that the board should adjudge anything
to be a nuisance (which is not danger
Gus 20 life or health, and merely affects
property or the enjoyment thereof"
Yet he acknowledged that the latter are
"nulsances," and therefore he virtually
admits that the Board has authority
to abate them.
1t Is very unfortunate that there
should be any conflict between the
smelling and the agricultural interests
Of this country However favorable
many OF our citizens are to the smelling
interests, which involve to some OK
tent the mining interests OF this sec
ton, no candid person viii deny that
the farmers and the public generally
are injured by the fumes complained
Of, or that vegetation has been
poisoned and animals killed thereby,
Without stopping 20 discuss the ques-
ton OF tho effects Of the fumes upon
human health, Il Is clear that a public
nuisance is maintained as long as
those fumes overspread the surround
ing country,
Now, what is to DC 1one2 shall they
be allowed to continue to the injury OF
IN, og,ic,,lturol ro,,uot,o, ana 10 bo
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"BI'euitutal interests ana the welfare
lion ia now demanded