The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1906-11-06
SHELTERS LOSE;
ARE ENJOINED
Continued from PAGE

ARE ENJ0INED
Continued from Page 1.
purpose and by sending the fumes twice
as ngh- IN the air as formerly by rails
ing the stacks and. second. by precipitat-
ing Inc sulphuric and arsenical contents OF
the gases by sprays of water above the
furnaces and in the flues. Formerly
ABOUT lo per cent of these elements OF
tne gases and fumes we're making their
escape into the air A full determine ton
OF what percentage has been held back
mas not yet been made but am sure
II rs only small fraction of what it for
The evil before long
w nat Is being accomplished by the
bingham company has already been pref
~ Wen worked out by the American COM
pahy and 1t is known that the United
Sta.es company has been working along
simliar lines. What plans if any the
highland Boy has in mind fer the eradi-
capon of the evil could not be learned
as Manager Charming would not discuss
the subject in any phase for publica-
ton.
Smelters Handle Much Ore.
The smelters affected by the decision OF
the court handle in the neighborhood of
oooo tons of ore every twenty-four hours
no the Bingham and United States com
panies are preparing TO treat a great deal
more than they are now doing. II is eX
pected that these engagements will DE
poshed right along, for IT. will probably
be two or three years before the final
settlement of the question will be made
1t is just possible, however, that the
companies may deem ii wise to make
some provision for roasting portion of
the sulphur and other deleteriouS sub
stances out Of their ores before they are
sent TO the valley plants for final con-
version into bullion. while there is no
doubt that the great bulk of the ultra
nh orc
side companies will be handled either at
the American plant or others that may
be erected to care for the product.
III was ir anticipation of the very trou-
nc that confrontS the valley plants that
the smelter of the Yampa company was
placed near the mines of the company in
blngham canyon. 1t was the knowledge
of how the farms and ranches of the
valley had been damaged that impelled
the American. company to build its great
copper plant where ii is and which
caused the company to buy up all the
land for miles around before making its
purposes FULLY known.
Text Of Decision.
The decision says:
I'm the circuit court Of the United
States for the district of Utah.
James Godfrey ct al. VS.. American
Smelling & Refining company ct al
Marshall, j.
The object of this bill in equity is to
a
The defendants each own a smelter stu
ated In Salt Lake valley near Salt Lake
and in proximity TO each other The ores
smelted are largely sulphide In character,
and in the process employed sulphur is
driven off into the air in form of sulphur
dioXide gas This is heavier than air
and when cooled falls TO the ground at a
distance from the smelters dependent
upon the air currents. When il is brought
into contact with moisture, either in the
form OF rain. freshly irrigated ground or
the moisture present in growing plants
and the foliage Of trees. sulphurous or
structive 10 vegetation. Besides the
emission of the gas, some flue dust is
emitted from the smelters, which con-
tains perceptible quantities of arsenic, re-
sulting in the death of horses and COWS.
The fumes from different smelters so
commingle with each other as to make
it impracticable to distinguish with any
certainty the proportion OF damage caused
separately by each smelter.
Personal Discomfort Also.
Beyond the injuries inflicted upon the
property of the cOmplainants. great per-
sonal discomfort results TO those living
within the section of country subject TO
the fumes. The complanants number 400
and their farms alleged to be injured ex-
coed in area 5000 acres. The amount of
damage that the complsinants will suf-
fer by a continuance OF the nuisance does
~ be estimated in dollars and cents but
it does appear that in many instances the
injuries inflicted preclude the carrying on
of farming operations at a profit and
practically deprive the landowner of any
practical use of his land
The aggregate damage which will ensue
from denial of an injunction is neces-
Sarily very large. The defendants have
invested large sums in their respective
smelters, employ many men and if these
shelters are closed down the mining In
terests OF the state will be seriously in
1ured. No method has been discovered
which will enable the defendants to smelt
sulphide ores without permitting the sui
phur dioxide gas TO escape. unless an ex-
penditure be entailed which would in eff
feet render the reduction of such ores i'm
Practicable In view of these conditions
the defense is interpOSed that the injury
70 the defendants and to the public. if an
INJURY TO the plaintiffs il it be denied
that an injunction should not be ordered
Other Cases Cited.
At this point in the decision several
ages of manuscript are devoted to refer
ences to similar cases tried before many
courts in the United States and England
The circuit court of appeals of the Ninth
district in rendering a decision in the case
of Mountain Copper company VS.. United
States, said:
A decision to grant an Injunction
means great loss 10 defendants: denial.
little loss to the claimants
In the case of Evans VS.. Reading Chem
ical Fertilizing company. tried in Penn
syiVama. the court assumed an attitude
exactly opposite, saying:
The right of man to use and enjoy
his property is as supreme as his neigh
bors and no artificial use of il by either
can be permitted to destroy that of the
other" .
Decisions from trials in which the city
of London VS.. light companies there were
involved said damages might be awarded
instead of an injunction. Judge MarsbaII
explained that the damages in the case
a6 bar were not clear at this point. but
left fuller opinion on this point 10 an
other portion of his decision.