The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1909-01-26
INJUNCTION
REFUSED BY
JUDGE HUNT
M Damages Awarded Deer
Lodge Farmers Who Sought
10 Close WaShoe SmeIter.
DECISION IN FAMOUS
MONTANA SMOKE CASE
rupTHER TESTIMONY ASKED
AND EFFORT WILL BE MADE
TO DESTROY THE FUMES.

Helena. Mont, Jan. 25.-Judge Hunt
tanded down a decision On the famous
called smoke case today, in which
:, denies the application of farmers
4,r the closure of the Washoe smelter
:. Anaconda. and no damages are
asror5ed 10 the farmers whose property
e alleged to have been damaged. The
rourt will make further investigation
a. to the alleged dissemination of ar
ssnjc. and if conditions can be improved
mis- will be ordered done by the COM
pany- go.
In concluding his opinion, Judge Hunt
SAYS:
when. in connection with the attitude
Of Mr.. Bliss. the complainant in be-
half Of the Deer Lodge valley farmers,
direct and vicarious, We weigh the I'M
certainty of his proof as to the amount
~ mast damages done to his land, or of
future damages to be done TO his pas
tures bv the acts of these defendants,
together with the fact that he has not
resorted to a court of law to recover
anv damages at all, and balance these
matters against the stern fact that if
the defendants are enjoined as prayed
for. they must either buy the lands OF
the farmers at their own prices, or sac
rifice their property; that, If enJoined
As prayed for. their sTneltef must close;
that if II does close. their business and
great property will be practically
ruined: that a major part of the sui
phlde copper ores of Butte cannot be
treated elsewhere within this state;
that thousands OF defendants en-
pioyes will have TO be discharged; that
the cities of Anaconda and Butte will
be injured irTeparably by the general
effect upon internal commerce and bus
mess of all kinds; that professional
men. banks. business men. working peO-
pie, hotels, stores and railroads will be
so vitaily affected as to cause unprece-
dented depression in the most populous
part OF the state. tssssf the county E0V-
eminent of one county of the state may
not be able to exist; that the farmers
Of the valleys adjacent to Butte and
Anaconda will not have nearly as good
markets as they have enjoyed; that the
industry OF smelling copper sulphidt
ores viii be driven from the state; and
that values of many kinds of property
will either be practically destroyed OF
seriously njured-rememberin always
that under the evidence as he has sub
mitted his case, discretion, wisely, i'm
peratively guided by the spirit of jus
tice, does not demand that injunction
as prayed for should issue.
Entitled to Relief.
1T does not necessarily follow, how
ever. tina. his bill should be dismissed.
This has been litigation of over much
expense. Its consequences are of in
tcrest to many people and. keeping in
mind the essential fact that animal
health is being affected, if there can
be any reasonable preventive remedy
applied by a court of equity, every
larger consideration demands that il
should be: that is to say. notwithstand-
ing the denial of the writ of injunction
as prayed for, if a measure of relief
less than that which complainant has
proved he Is entitled to, can be awarded
10 him, he should have il by some form
of judicial order. Equity, having jur-
lsdiction of the parties and the subject
matter, viii therefore, retain the bill
in diltgent effort to afford all the relief
possible under its allegations. Where
the defendant has q clear ultimate right
10 do the act sought to be enjoined upor
certain possible conditions, the court:
viii endeavor to adjust their orders 81
ON the one hand as to give to the com
piainants the substantial benefit o.
such conditions. while not restraining
the defendant from the exercise of it
ultimate rights.
Corporation Was Fair.
Il am always deeply sensible. too
how especially important It is in thu
practical preservation of the eoualit!
Of the law, that when 6 man of Limited
means seeks relief against a corpora
ton or individual Of very great wealth
his property rights must be protecte'
with scrupulous care against threat
ened or continued unlawful encroach
ments without unnecessarily forcing
him into litigation so expensive or pro
tracted that it often means impoVer
lShment or denial of substantial justice
Let il not be understood in saying thi
| mean to imply that the defendant
herein have assumed any unfair atti
tude toward Mr.. Bliss o. others in tn
Deer Lodge valley; on the contrary
as the case is submitted, it appear
That they were ready to treat with hin
and other land owners. and we're viii
ing to buy his land, and consider claim
Or injury, but their advances wer
checked by Mr.. Bliss refusal to sci
and by the ultinatUm of March 4, 1901
rom the association. Nevertheless. tn
court viii not peremptoriiy turn tn
Continued on Page 2.