The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-04-05
COURT ALLOWS U. S.
SHELTER TO OPERATE
Continued From Page

Continued From Page I.
prevent the destruction of the cloth of
which they are constructed, our con-
verter rooster plant is scheme OF our
own that will permit the roasting OF
ores at a much lower temperature than
was possible by the old hand rooster
method, while il will permit OF the di-
version of all fumes into the bag house
at temperature that will not endan-
ger the destruction Of the bags by fire.
Many other improvements are to be in
troduced, and when all is done we are
certain there will be nothing about the
conduct Of our smelling operations that
can bring forth an honest protest from
anybody"
1t. is understood that the United
States company will now begin the ex-
traction of lead ores from its Bingham
mines, and that the concentrating
plant near the smelling works will also
go into early commission to treat this
ore To arrange for this is believed TO
have been the reason for the trip TO
| Bingham of Messrs. Holden and Sharp
earlier in the week. That will call for
the employment of a great many men
| in itself.
Farmers Are ssfegusrded.
By the terms of the decision the
| farmers are safeguarded against any
possible harm resulting from the re-
i opening of the plant, as the suspeh-
sion of the Injunction covers only the
period that the smelter may operate
without damage resulting.
| AS soon as the decision was an
nounced whereby the smeiter might
reopen the citizens OF Bingham 1uiic-
! ton held big informal celebration.
Flags floated from most of the build
ings guns were fired. bonf1res built
| stores were decorated with bunting
and every one turned out TO celebrate
the occasion. In the evening inc
| smelter officials sent several barrels OF
| oil M town from the plant to be used
| in great bonfires in the public square
| fireworks were shot off and the Juol-
lation was evident throughout the
camp. A large Informal dance was
given, and everywhere there was
great rejoicing.
improvements Planned.
| The famous smelter smoke cases OF
| which the present decision is a result
/ have been in the courts for over q
wear. and up until the present time
the farmers have always been
successful in their case against the
shelters. BY decision OF Judge
Marshall an injunction was granted
whereby all the smelters in the valley
were ordered to close down or COM
DIV with the terms of the injunction
which the smelter people said were SO
drastic as to prohibit their operating
| Judge Marshall ordered that all OF the
smeIters must cease TO emit from their
smokestacks all lead. arsenic, anti
mony or other deleteriOus solids, anC
to cease to treat ores containing more
than 10 per cent sulphur.
Following the Issuance Of this in
junction the smelters filed an appea
to the circuit court of appeals. Pend
ing the appeal the American Smelling
& Refining company made a settle
ment with the farmers, paying tbs
latter an indemnity for permission tC
continue 10 operate. The other smelt-
ers filed supersedeas bonds and were
allowed to continue operations until
the case was finally passed upon. The
appellate court sustained the injunc-
ton, and petition for a writ of GER
tiorari presented by the United States
company to the supreme court of the
United States was denied.
Destructive Poisons Eliminated.
The next move made by the smelt'
ers was a petition presented to judge
Marshall for a modifiea ton of the in
junction. The petition stated that th'
company would install new processes
whereby the solids would be eliminat
ed from the fumes and that no dam
age would result from the operation
OF the snlelter.
The attorneys for the smelter de-
cIared that the smelter to continue
operations must treat some ores hav.
ing a sulphur content of more than II
per cent. They said that if the com
pany were allowed to treat a limited
quantity of this ore, approximately 20t
tons a day, IT would also treat enough
ore containing a less percentage OF
sulphur so that in the aggregate tht
amount of sulphur treated with the
ores would be less than 10 per cent
Injunction Is Suspended.
In granting the smelter permission
TO reopen, Judge Marshall did not
modify the original injunction in the
strict sense of the word, but granted
i a suspensory order permitting the
company to operate its plant until the
farmers could show that the fume.
were damaging vegetation. He per
mits the smelter to treat ores con
tanning more than 10 per cent sulphur
providing that the aggregate amour
shall not average more than 10 pc
| cent anu lildt tls
total amount of sulphur contained il
the smoke shall not exceed seventy
five one-hundredths of l per cent sui
phur dioxide.
The decision of the court was yer
bal. and was given with the under
standing that the attorneys for tn
, smelter, Dickson. Ellis g. Ellis ana
/ Howatt & Mcmillan, should prepare
form containing the conditions i'm
J posed, which shall be submitted t
Judge W. H. King and Senator Raw
Inns, attorneys for the farmers, an,
that both parties shall agree TO thes
terms, after which the order will Id
; signed by the court
! The smelling company will at one
start making the Improvements on tn
plant TO comply with the terms of tn
suspension of the injunction, and il
two months will begin once more tn
treating Of ores, though the improve
ments will not be completed and tn
plant Will not be operating to tn
limit Of its capacity before six months
Judge King said that if the smeltin
company lived up to its promise All
did not injure the crops, there woul
be no complaint on the part OF tn
farmers. George W. Heintz, genera