The Clarksburg telegram. [volume] (Clarksburg, W. Va.) 1874-1926, 1909-08-12

leltminate moisture and volatile mat
tier from saiimoniac skimmIngs. tn
commercial. name OF which Is "sa
skimmings.' These are refuse from
. lgalvanIzing mills, either brass or iron
and contain. zinc oxide, ammonium
lchloride with varying amount o
iron, lead, zinc and cxy-chloride.
In the process OF roasting "sa
tskimmings" there was discharged
from the rooster, from It's installation
: to July 2s. 1908. carbon monoxide,
: lpoIsonous gas, and the gas in which
Mr.. Terne says mo one could live
. but which he says is now eliminated
by means OF a process which has been
sEapplied by him and Is now in use In
the rooster when operated.
There is some evidence also tend
ling strongly to show that the latter
3 gas, viz: carbon monoxlde, has been
> and perhaps may yet be produced
3 from the distilllng furnaces: but Mr..
ITerne also says that its acidulous. or
poisonous character is destroyed in
the plant before 1t is discharged into
the air, and that there is no other
iacidulous or noxlous gas discharged
Into the air from the operation of the
distilling furnaces.
The plaintiffs introduce no expert
witnesses who speak with authority
touching any gas or vapor produced
Tor discharged from either the distili-
ling furnaces of the rooster. but they
and the witnesses in their behalf do
not claim to have any technical
knowledge touching the subject. They
state in the main that the charac-
ter of the sur-charged smoke is the
Same at the time they testify as 1t
n has been since both the distilling and
roasting furnaces have been in opera
|tlon; that 1t produces and has the
same effect upon those who breathe 1t
and upon vegetation with which 1t
comes in contact. as 1t had from the
beginning.
This testimony in the main, though
not altogether, is from the plaintiffs
themselves, and is no doubt given in
good faith and upon the unhesltating
.truthfulness. But 1t may be and per-
haps is based upon what Is conceded
belief, on their part, of It's absolute
to be the harmful and Injurious char
acter of the vapors and gases emitted
when the roasting furnaces and per-
haps when the distilling furnaces We're
In use prior to July %, 1908, for the
court is of the opinion that prior to
that date the plaintiffs had good rea-
sons to believe. and the fact. is, that
the operation of the plant was in
furious to them and to their property,
but that their testimony concerning
conditions prevailing since said date
has been innocently based upon con-
ditions which prevailed on and prior
to that date.
The court must of necessity attach
more weight and credit to the testi-
mony of expert witnesses. that IL wit
hesses who are specially informed and
whose special study has been to know
accurately the nature and character
of the gases and vapors produced and
discharged in the operation Of the fac
tory, than to the. testimony of those
who do not pretend to know the char
'acter or nature of the gases or vapors
SO produced. These witnesses are
Terne and Osterlie, both Of whom
seem to be fair and candid witnesses.
well informed and experienced chem.
lists, and as such say. after full and
searching direct and cross examina-
ton, that as now operated, the plant
discharges no noxious or harmful
gases; so that whatever may be said
touching the injury produced to per-
sons or property from the operation
of the plant prior to the time the in
Junction was awarded in this cause.
yet, If since that time It's objection
able features have been eliminated.
and the operation of the plant has
ceased to be so injurious. the plaintiffs
should not expect the court to con-
tiscate, tfor substantially that would
fbe the effecD. the property of the de-
PENDANTS by its abatement as a nui-
sanee. If in fact 1t has ceased to be
such
All of the defendants and some of
the plaintiffs'' witnesses testify that
the physical appearance, and the
volume of the smoke from the fac
tory has been changed to some ex-
tent since July IS, 1905; that 1t now
has. and for some time since, had
more the appearance, hut not exactly
the character of steam. and that
breathing 1t does not affect them ms
III did prior to that date: that thew
con now live and work in It and
breathe 1t without any harmful effect
!. The employees of the factory. from 50
TO 6o In number, work in 1t night and
Gay without any physical harm. Or
the contrary, that they have beer
and are healthful, thoroughly sounf
8 and well, and without any discern5bl,
INJURIOUS results from working ant
being in it; and that Vegetation in n No
y about the factory no longer suffer,
the Injurious consequences which /,
!. did suffer in the early stapes ~ NJ,