Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1907-02-05
Bill introduced in Senate Giyinu
Them Right Of Eminent
Domain.
MAY CONDEMN NEARBY LAND.
Right Extends Even to Farms Needed
Only as Places on Which Fumes
And Smoke May Settle.


shelters from the operations Of farm
ers In the vicinity of their smokestacks,
who would constantly harrass them
with damage suits. Under the new
bill, land ON which 1t is necessary
that smelter smoke fail. becomes emil
nent domain. and the good old law.
originally enacted to let railroads have
clear right of way across country.
comes to their rescue, giving them
rights of the first class on smoke in
tested land. II the owner objects to
the smoke, all he can do after the law
is passed. Is TO put fair valuation on
II, and deliver II for good money into
the care and keeping of the smelter.
II his value is too high. he must move
anyway and a jury will settle the
amount to be paid.
The bill, II applied to the smelters
at Bingham. would require them to buy
up nearly all the Salt Lake valley south
OF Ninth South street, and a mile or
more wide on each side of the Jordan.
Senator e. y. Smith. who introduced
1t however, declares that 1t is not in
tended to be practically applied TO the
Murray situation, but TO localities on
which the smelters are seeking to 10
stubbornly hold out against any OPP
portunity to sell their farms.
1.-The smelters at Murray will prob
ably move" said Senator Smith, but
we must not drive them clear out OF
the country. We need them, and, or
course. the ideal condition is one IN
which we get their money without their
obnoxious gases and smoke. In their
contemplated exodus II would be a mis-
fortune if they should go so far that
they would be out of this territory al
Outside of this bill, the feature of
Yesterdays session was the introduce
ton of the new juvenile court measure
and a bill against gambling, by Ras-
band.
THE text of Smiths bill is as follows:
Whereas. The production and reduc-
ton of ores are OF vital necessity 10 tnG
people of the state, are pursuits IN
which all are interested and from wnloh
ali will derive a benefit, and the en-
coursgement OF sald pursn ,,; IS n,ate pa" IN
of the public policy of TINS state, IN
order thereby to promote the welfare
Of the state and it's Inhabitants
Re II enacted by the legislature oil the
State OF Utah. -.
That the mining, milling, smelling or
other reduction of ores are herepy oe
ciered 10 be for the public use ana
main may be exercised therefor IN the
MANNER provided in chapter 90, Re-
| ,,isea statutes OF Utah, 1898, In taklne
| land for sites for mills. smelters or 9TH
| or works for the reduction OF ores ana
| necessary to the successful operation
| thereof, including the right 10 TAX
| hands for the discharge and natural
sistr,hu,ion of smoke, fumes and dust
| thereon; produced py tie -
v,,ob works
RE Referred to the committee on mines
| and mining.
SENATE PROCEEDINGS.
The fourth week Of the session
found the senate coming 'ose.nei
$40 o'clock when President Love
| called the lawmakers together ano
their calendar showed the result oil
| tbe weeks of preliminary ef1ort. TOT
there was a long grind before clear
| table was reported
From the governor a cominunica-
tion was received showing that there
was on hand in the executive ONCE
y warrant for ss,003.50 being 10 per
cant from the forest reserves OF Utah,
10 he eypended on the roads ano
schools of the counties concerned,
Another communication stated that
the governor had received word from
washington 10 the effect tnat tnat
tate had appropriated S1,oOo,OOO for
the Alaska-Yukon exposition TO DC
held at Seattle in 1907.
Under suspension of the rules,
resolution from Senator Park. chair
man of the education committee. that
an eDpert accountant be hired TO audit
the books of the university and the
Agricultural college, was passed Win
out n dissenting vote. From the house
n as II g. IA. and II. 3. ~.
When new bills were called for.
there was n slight showing, as follows;
g n. SO, by Rasband. relating to
gambling, faro. roulette. etc, and pro-
Slding a penalty for the violation
thereof Referred to committee on
county and municipal corporations
provide for the placing of witnesses
hinder bonds and securing their tes-
timony. Referred to the committee
on judiciary. en-. A.
claring the production and reduction
of ores TO be for the public use and
benefit, and providing Tor the eSer-
else OF the right OF eminent DOMAIN
s. b, 6s, by Benner X. Smith, relnt-
ing 10 the appointment and duties of
the bank examiner Referred TO the
coTnmittee on private corporations
b. 10. by Hollingsworth, creating
the Utah board OF commissioners for
the promotion of uniformity of legis-
iation In the United States: defining
the manner OF its appointment, Its
duties and powers. and making an ap-
nronriation for the payment of the
actual and necessary expense thereof,
Referred TO the committee on appro-
- B 81. by Bonner X, Smith. pro-
yiding for Juvenile courts. the title,
term Of office and compensation Of
Tho fudge thereof Providing for a
juvenile court commission and speel-
wing its duties, providing for clerk
Of said court Defining the jurisdic-
ton of Juvenile courts. providing for
iurisdiction OF district courts I'm GER
min districts defining and specifying
INC practise and procedure In juven-
he courts: providing for appeals 10
the suprsme court; providing for a
reporter for the Juvenile court, dnfin-
inc the duties of county attorney; pro.
WdIng for probation officers. ana their
duties md compensation, making dis
nosition OF fines IN said courts, regu-
iatinF the time and place OF holding
CONT and service of process and re-
ncaling chapter 1T OF the laws Of
Utah 1905. and section 4. chapter
I'D Laws ~ Utah. 1903. Referred 10
the committee ON judiciary.
8 B. 6s, by j, Y. Smith. relating
10 and regulating the salaries Of
county officers. Referred 10 the com,
..t..as an county and n1unicinal cor