The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1909-02-17
eminent DOMAIN
! WINS ONE ROUND
Bill Intended to Help Smelling
:. Enterprise in TOOeIe County
Passes House.
OPPOSED BY FIVE MEMBERS
NOTICE OF RECONSIDERATION
TODAY is GIVEN.
OPPOSED BY FIVE MEMBERS


The right to exercise the right Of emf
nent domain IS extended to smelling COM
psnies in a bill which passed the house
yesterday. II 1t becomes a law smelling
companies will have the right to con-
denim property within a radius of four
miles of their works. which means an
area with diameter of eight miles 1 MS
IS based on the proposition that the smelt-
ing company has acquired by puTChaSc
or otherwise 70 per cent of the property
within such area, leaving only . per cent
at the maximum, to be condemned, IN
case il is necessary to condemn at all
The bill is No. So, q substitute for
former bill It passed the house with
five votes in the negative. Seven were
absent and the vote. therefore, was;
AYES, 80; noes, .; absent, 4 The mem
beers who voted in the negative were Nc
Rae, Ashton, England, Porter and VIII
liam Mcmillan. The bill went to the
senate, where it was referred TO the COM
mittee on mines and smelling.
Clegg gave notice of reconsideration
OF the vote today.
In the Smoke Zone.
The bill was championed by Mr.. Baker
of Tooele who said that arrangements
were practically completed for the cree
ton of a smelter at the mouth of Pine
valley, to cost S30G0,0eo. Eighty per cent
of the district, approximately, had sig
nified their willingness that the smelter
should be established, but progress was
obstructed, he said, by a few who owned
a. very small part of the land involved
in any part of the area
Mr.. Ashton opposed the measure on con-
stitutional grounds
Mr. Clegg said he would like to have
il 90 over so that he could incorporate
into it a provision that would take IN
the scenic beauties of Provo cany on,
whose absorption, so to speak, had been
made complete by the Telluride Power
company of Bridal Ven falls and other
scenic beauty spots In the end, Mr..
Clegg voted aye, and gave notice of re-
consideration.
Mr.. England of Weber moved to amend
that the four-mile limit be made ten,
and the One-mile limit from towns) be
made five. Mr.. England said that smoke
was as bad beyond the proposed radius
as it was within it. and even worse, he
believed. The motion was lost
An important Amendment.
Mr.. Hodges of Rich proposed an amend
ment, which was carried, that the per
centage be based on the value Of the
land instead of the acreage.
Mr.. Baker said that il would be much
easier TO compute the area by lines and
boundaries, and that if the amendment
prevailed it would result in no end OF
disputes.
was lost Archibald and WOOttOn spoke
earnestly for the bill Mr. Archibald, in
substance, said that the mining INDUSTRY
is greater IMAM the agricultural anu iudA
home smelters are the first essentials.
Mr.. McRae in Opposition.
Mr. McRae made an earnest speech
against the bill He pointed out that
the evils resulting from smelteT smoke
and fumes spread over territory far
in excess of the fouT-mile radius, and
declared. in effect. that the smoke from
the Smelters in the vicinity of Murray
and Bingham Junction had a blighting
effect upon vegetation as far north as
Bountiful- Mr.. McRae employed the
blackboard in calculating his ideas
During the morning session Mr.. Ashton
invited Mr.. Doubrey to occupy a seat
at his side. Objection was made on the
ground that Mr.. Doubrey was an inter-
ested party. The speaker ruled that, as
the invited guest of a member, any per-
son was entitled to the courtesy. but that
fl must be distinctly understood that no
lobbying must besindulged in In the aft
ernoon Mr. Ashton resented the Jasper
sioa'' which he believed had been In
tended 10 be cast on him. and declared
that there was no power on earth that
could influence his vote while he was q
member of the house.
A similar bill was passed by the house
and senate two years ago, but was We
toed by the governor.