Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1908-04-04
FARMERS ARE SATISFIED.
Restrictions Are Made That VIII
Do Away With Litiga-
ton in Future.
United States Company Says No
Chance for Further Trouble Exists
Because of Precautions Taken

Judge Marshall this morning prompt
~ at 10 o'clock IN the United states
court delivered an oral decree. by which
tho United states smcltcr at Bingham
Junction is given an opportunity TO
again open fits furnaces and smelt
ores. The decision is so hedged about
with safeguards for the farmers that
their committeeman who were present
expressed themselves as satisfied.
In Bingham Junction a large Amert-
can flag llew out TO the breeze from the
top of the smetcr nuc within a few
minutes after tho decision was an
nOunced by wire, ana smaller flags
Were displayed on all principal office
nnu store buildings in West Jordan. \
band was soon out upon the streets
heading large Informal celebration,
while "A dance was announced Tor TO-
night to end dny OF jubllating.
In Salt Lake the news created gem
uine sensation as tho smclter's chances
TO secure tho granting of Its petition
We're regarded az uncertain AT the best
1t employs. when working at full ca
pacity. $50 men ana has a payroll of
$4,000 Il month The news that II may
resume is taken IN mining circles as an
omen of better times for that industry.
NOT WRITTEN OPINION.
The opinion Of Judge Marshall was
an oral and not written one, II sus-
ponds the Injunction under which the
smeltar was restrained from operating,
and grants the petition of the smeiter
under the restrictions agreed to in that
petition. These restrictions require that
the smeter must absolutely stop all
solids. including arsenic. Sulphuric acid.
copper, lead and antimony dust, and
may emit from the hue only three
quarters of ! per cent Of sulphur
dioxide gas to the total volume Of
sr.olte. This restriction will limit the
amount OF sulphide ores that may be
treated. but the restriction viii be on
the basis of the gas sent out rather
than by the tonnage used.
In announcing the suspension Of the
Injunction Judge Marshall said that the
fact that the plaintiffs had entered
into a stipulation with the American
Smelling & Refining company. allowing
Il to operate under terms more liberia
than We're requested by the present
petitioner had an important connection
with the case, as showing the amour
Of probable material damage.
FARMERS ARE SATISFIED.
This smeltet- was allowed to operat,
on the report of Prof Ebaugh tina
age done. since IL used less sulphido
ores. and collected most OF It's solid
dusis In the hues.
John c. Mackey, chairman OF the
farmers committee, said at noon that
he felt satisfied, as the restrictions on
the grant made 1t impossible for the
smelter TO continue II 1t should do dam
age. This allows them probationary
period, as ] understand it," he said.
ITO prove the efficacy of their bag
house and other improvements, and
as soon as tn esulphuric acid gets to
burning up crops or destroying vegeta-
ton of any kind, or the sulphur dlox-
ide gas gets so thick in the air that 1t
becomes obnoxious TO the people then
the smelter must close without further
necessity TO bring suits on the part OF
the people"
Judge King Of the counsel for the
farmers expressed himself as satisfied.
since the restrictions would be such as
TO safeguard the farmers from harm or
continuing expensive litigation
MANAGER HOLDEN TALKS
Managing Director \. r. Holder
shook hands with MIR. Mackey ON the
result after the court had adjourned
"I'll bet the price OF the entire plant
ne said. that we never do the least
Bit Of damage We are investing al