Bisbee daily review., 1909-02-06
PEOPLE
 SATISFIED ID
 KEEP SHELTER
Decision of Judge Hunt To Let Great Smoke Maker Remain At Araconda PleaSeS the Workingmen.

Butte yhen the rews from Helena was posted that Judge Hunt had de- aiod The injunction asked for by the Deer Lodge valley farmers to prevent the continuance of tac NashCo smell ter at Anaconde, bccause of damage alleged to have tecl done Co their crops and stock by thc fumes from the smc1e7. That expression was one .of satisfaction among wcrkingmen. who felt tLat their | IiTccs were secure, and aMong mcrchants, who felt that the uncertainty wus over at last. and that they could so ahead with bust ness.
 "It has been oEe Of the Ionges, and hardest fought cases in thc his tory Of hugstion- For moro than three years j. has llen going CD. The suit was brought in tho n0mc of Fred J. Bliss. at he time tbe owner Of ranch in tAc Deer Lodge valley. on behalf Cf his associates, in what latcr becamc known as ti:c Smoke Farmer association.
 Tt is doubtful f there ever was Q piece of litigation that cost as much as this. or ia which the results were so far-reaehing It is figured. and con servatively, that the cost to the com pany has been in the neighborhood Of half a million, and that it has cost the l farmers at least two-thirds that amount The highest authorities in the country have been called as eN- perts on one side or the other, On the different branches Of the subject. What the effect Of a decision ad- verse to the company would have been is well known to the people Of Butte and Anaconda, and the rest of the state. The feeling that something like that might happen has caused a condition of uncertainty for long months. Now that # is settled, every body heayes a sigh Of relief
 Report of the Courts Decision at Length.
 A full report of the momentous de- cision handed down by Judge William II. Hunt at Helena. Mont, early in the week. has reached the Daily Review The decision refers to the il- ! junction suit against the Anaconda { Copper Mining company, in which il vas sought to close down the great i iNashOe tsrheltcr at Anaconda. As has i already been reported in these col umns, the court denied the injunc' ion. but set February 15 as date when l evidence can bc heard as to whether | 1t is possible SO to treat the fue dust as to reduce the quantities Of arseHic now released
 The case involves the important question as 10 whether agricultural interests involving small damages can put a stop to smelling operations | amounting to millions of dollars in product and furnishing employment l to thousands of men. The court ap- pears 10 think that the interests of q great mining community are of more | importance than individual interests.
 The opinion of Judge Hunt covers 56 typewriter pages. and in it there are approximately 20.000 words. Judge Hunt consumed an hour and 45 min utcs in reading iJ. b. ginning at 10:i and ending at noon. r.ycry phase ot the case is dealt vith in the opinion, | beginning with the coming Of the ] prospectors in pioneer days to the Deer Lodge valley. followed by the | ranchers and the stockgrowers and then hy GiyeTsiye farmers, and finally the building of the old and then the new works with the effect these lad
 Fa ests in the valley
 .l History of the Case.
 . Then the smoke question is taken up in detail, as are the payments BV the 1Cfentaut company of damages amounting to S3%0 COG: the alterations at the pant and tEC building Of the big -tack to eliminate t.e nuisance the improved conditions; the oreaui zation ul the Deer Ledge farmers intc a body Co either secure damages iH the sums demanded by them from tEt Anaconda Copper Mining company, o7 else to bring suits to shut down the
 works. Then the different phases Ci the case are reviewed at length, the interests ol Bliss (;he plaiutin) indi vidually, and the interests of the farm CTS collectively. who paid for the ex penses Of bringing the suit; the facts as disclosed by the testimony: the property rights involved, and then tho icqulty rights: decisions in similar cases which would govern fn this case
 and. in fact, every point. however remote, which would have any bear ing on the case at issue.
 The history Of thc construction o, the shelter Is given. The courl re
 viewed the facts at length. reaching the conclusion that there has been an
 abnormal condition of animal life in the Deer Lodge valley since 1903
 when the Washoe snleIter var ptf fr
 operation; that it las Tuanifes.eI i.
 sci in horses and cattle 10 some cx tent; bat that it has not been general
 ly fatal and that tl,e death rat, ci
 cattle and horses ir the valley Ina, not been below normal since 1905 ., IS concluded that tllere has been ue
 substantial damage to the crops or !aceount of the sulphur in the smoke but that arsenic Is deposited at times upon the folders in pastures adjaceat
 Co the shelter. and. when eaten b,
 stock. is poisonous. II is found tbai
 before 1903 there vac a great deal O, iinJury done. but since the new sfaeE
 was built conditions are much better
 and there was improvement in f9o. over 1905.
 Damage a Small.
 lt is found that comp-ainant' dam Iage was S450 per aanum in decreased
 rental value of his land, but that O.
 this amount of injdry his own neglect icaUsed more than d.d the fumes iron
 the smeiter, and that dairymen were ialways ready to rent |! Mir. Bliss would
 enter into a lease for dairy purposes iThp court holds thar Bliss refused if