Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1907-11-09
DECISION FhVlRS
VALLEY FARMERS
Circuit Court Of Appeals Decides
Smelter Smoke Cases
At 81. Paul.
susTAlNs JUDGE MARSHALL,
rpinnction Made Permanent Forbid
ding ODE Emi-.iuu ot Poisonous
Fumcs and smelling of Ores.

no salt lake valley smclters Will
not De permitted Co operate their furn-
aces 30 manner that win result IN
the emission of fumes containing
sulphur dioxidc and arsenic. lead and
Gamer and wan De forbidden to smelt
ores containing IN excess of DO per
cent sulphur This injunction was or
dered ny Judge Marshall Do the fed-
cral court in THIS city at the time the
smelter suits were nrst decided Word
has been received in thia city to the
effect that the Injunction has been
sustained by a decision of judge ltin-
e. DO enc circuit court Of appeals in
session az ST. Paul. to which trihun-
al the case was taken by thc smeltera
otter the decision OF Judge Marshall
was rendered adverse 90 their inter-
ests
The Injunction b. directed against
The United states Highland Boy and
Bingham Consolidated smeltors at
Murray and the appeal taken was in
the suit brought by over 400 farmers
AGAINST the valley smcltcrs. The case
Icing known as Godfrey ana others
AGAINST the United states smelling
e, mpanv and others. The suits were
fought by the farmers as an associa-
tirn which was formed t0 raise tho
rtcoxsary money To carry their cascs
through the courts. Joseph l.. kawl-
his ana William B King conducted
tine case for the farmers and Dickson,
dickson q ELLIS. Howatt d. Mcmillan,
sutherland. Van Cote a Allison and
street & Bramell The American
Smelling & Reclining company was
originally a party % the action but
compromise was effected and action
against them was dropped by the
farmers.
MANY CLAIMS PENDING.
IN the suit no claim for damages
was made, the farmers holding them
& be iirenarahle. A bond OF $500. 600
was filed by the smelling companies
when their appeal was taken. Now 30
81 believed that this amount VIII do
little moro than cover the c0nscquen-
ual damages There are now pending
bout $50 claims of farmers against
the smelling companies
MAY NOT MOVE.
The decision of judge Rinor In fun
has not been received in this city and
officials ot the smelling companies de-
cline % discuss the probable effect of
the decision uutil their attorneys have
read the opinion i'm full. Mining men
say that the smolter experts viii
doubtless devise some method of
handling the ores from the Utah mines
in a way TO prevent further trouble
90 farmers from the fumes emitted.
fumors 20 the effect that the smclters
VIII have 10 move VA consequence of
The decision IN the appellate court APP
pear 10 be- unfounded from admissions
made Dy smcltcr OPERATORS con-
sideration Of the problem viii not be
begun until the decision has been read
and explained 90 the management by
the attorneys for the various smelling
Interests Ia this city.
TWO PLANTS WILL MOVE.
The defendants la the suits brought
against them By farmers were tho
American Smelling g. Refining COM
paHy, Bingham Consolidated Mining 4
Smelling company utah Consolidated
and United States Smelling. Refining
a Mining company. The fact that the
Bingham plant is soon 20 cease the
operation OF IT'S plant entirely and IN
Utah Consolidated is prcparirg to build
new plant ln Tooeie county next
year, practically eliminates those cor
porauons from further participation m
the fight with the uuahats narrowing
the contention down to The two remain
ing with the American smelling a
kehnlug and United states companies.
Judge Marshall in has decision rem
dfftd several mouths sEn enioiued tue
smelling companies from issuing smoke
from their stacks containing arsenic
and lead and from treating ore cone
iNnins more fhau no per cent sulphur
iu the charge but thcy were permitted
10 continue 10 operate their plants as
usual under bond pcndins The appeal
10 a higher court
AGREEMENT WITH AMERICAN
The American smelling q 10 ~ nag
company. however. later entered into an
agreement with the farmers whereby
me latter Nere to join with thr sur.t-
ing company iu asking for modIa,s-
tior of tho decreei but boz the aFrea-
ment 30 was stipulated thlt iha Sid De-
ms company was Co. so to fhe expense
uf biudlug bag houHe" ana Iustsil-
ing other mechanical devices fnr faa
arrest of The solid portions of ue
fumes ana in that way uhats to Cd .lu-
siderable degree inr nuisance ram-
planned Oh Other concessions aer.
granted ANA The pay mont 0f 3D. larr.
sum OF money WH. mIlU uE Ile come
pany 90 che farn.rs.