Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1908-03-30
PETITION IN FEDERAL COURT
1t Is Being Heard Today BY Judge
Marshall With Strong Array
Of Counsel on Both Sides.
Arguments Hinge On the Trouble In
visible Gas Can Make With Ar
senic, and Lead Dust Removed.

From it's humble beginning In the
| lucern fields of the lower valley. the
local smelter smoke problem, which has
| PASSED on through mass meetings OF
farmers into the United States courts,
and back through the offices of leading
! smelter operators to the big plants at
Murray and Bingham junction. today
! became again center OF debate and
argument
The United States Smelling. Refining
and Mining company ana the farmers
| Of the valley. met IN the courtroom OF
! United States Judge John Marshall this
morning to again go over the situa
1 ton this time because the United
| States company alleges that II has
| caused, through experiment, science TO
| materially advance in the sum total OF
| It's knowledge, so that what was re-
| garded as scientifically impossible be-
| fore Judge Marshall wrote his decree
| in the case of Godfrey ct al. is now not
only possible but practicable and actu-
| ally ready to put into operation
A new bag house at its plant is what
| the smelter urged as the cause for
| reopening OF the smelter smoke case,
| and this bag house, 1t was alleged.
| takes from the fumes all OF their lead
dust. copper dust. arsenic and sui
phuric acid. while 1T is admitted that
1t allows the escape OF sulphur dioxide
gas as at present.
The hearing this morning was in
response to the smelter companys pc
ttion. At noon the large array of
legal talent left the court room, and
this afternoon they are again assem-
bled TO fight out the problems involv-
ed.
For the farmers there was not the
| lcsst disposition to admit that science
| has advanced and 1t is claimed that
! the so-called advance is a trick by
| which the smeltermen hope TO secure
q continuance of their privilege to do
| constant injury TO crops and TO
health" Specifically, the trick was
pointed out by Atty Rawlins to COM
sist of devices TO prevent the escape
| of sulphuric acid by converting it into
| sulphur dioSide, a colorless gas. which
| once liberated, would continue Ia do
| all the damage that has heretofore
| been done. or much worse damage on
account of the larger volume of this
coloress gas thrown off under the
proposed arrangement.
For the smelter, their experts at
tempted TO show that this gas WAS
harmless, and that other smoke in-
gradients which they now could ar
rest, were what did the damage Pre-
viously experts for the same company
had worked TO show that 1t was this
very gas which did SO much damage,
seemed to turn on tbs arsenic or lead
and copper dust
The attorneys for the farmers set
forth that the fact was notorious that
this colorless gas Is the big agent
for damage that in wet weather
il absorbs water and becomes sulphur
Gus acid weaker than sulphuiFc acid
but pIentifully harmful to health, to
crops, and to animal life.
THOSE PRESENT.
When the hearing opened there were
present in the court room. w. c. Sharp,
president OF the United states Smelt-
ing Refining and Mining company, A.
+. Holden, a managing director. w II.
Dickson and Andrew Howatt, attorneys
for the company. George w. Heintz. its
local smelter manager; III. d. P1'osser.
its metallurgical director. and F. w.
Scofeld, an engineer employed at the
plant.
Representing the farmers were Attys.
William W. King and Joseph l.. Raw
Inns, while Atty. L. s. Ferry was pres
ent from the firm representing the
American Smelling and Refining com
pan, which Is already operating under
a slight modification OF the decree,
made for its case upon petition, but
with the consent OF the farmers attor-
neys
In the examination OF WITNESSES Judge
>
vor of the company's petition. repre-
scented the smelter, and Atty. Rawlins,
who objected TO the granting OF the
petition, represented the farmers, hs
being assisted IN consultation by Atty.
w. II, King and Prof. W. =. Ebaugh
OF the chemistry department, Universe
IS Of Utah.
OPENING ARGUMENTS.
IN presenting arguments in favor OF
the petition. Judge HOwAtt declared
that Tho handllna OF smoke had adj
vduCed far from the stage in which it
was when the decree was entered, aud
outlined the experiments which had
been conducted with the net result that
the bag house had been built. lilo de-
alarol that IL was now operating with
the use OF 2inc TO proclpitate as n zinc
sulphate the sulphuric acid formed IA
Iha Fumes, while passing through the
bag house.
The bag house he said, contained q
Oo bags that consumed material enough
o cover seven acres, ana had cost ylb0.-
IO0 These bags, he said. would be de-
,royed at once should suphurlc acid
each them. and then the smoke issuing
rom tho chimney would proclaim Tor
ules around that the smelter was yio-
diug the terms ~ the decree. There
Hrc he urged that there would always
r ample warning Of any violation or
hc terms 81 the decision, for the very
met mat the smeltcrs were operating
you'd show they had obeyed the law
Is GAS HARMFUL?
sulphur dioNlde. he said. would be
he only gas passing INTO the aiis and
his he held Ia be harmless, while the
Inc copper dust, lead dust and arsenic
would be procipitated In the bag house,
% be emelted over into White arsenic.
commercial product, ana 10 save the
cad, copper. and other valuable in
II was upon this point that the argu-
lcnts ~ the morning hinged. for
loment later he referred TO the use OF
ANA ioasters, and their abandonment
ecause they made too much sulphurlu
cid Atty RaNlins dwelt especially on
his point claiming that the new
casters had been installed because
ll.nnLinlad nm 49,. -.