The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1909-01-26

| the farmers association and that fol
past damages there is a complete
| remedy at law, where the defendant.
could secure the right of trial by
| jury. 1t is held that the farmers as
socation demanded of defendants thai
| they buy the lands of the members
| of the organization at prices fixed by
the association and pay cash fol
them within SO days or the farmers
| would bring suits.
Business Lawful.
The court sets forth the magnitude
of the defendants investment and
holds that, as the business is in itself
lawful, they ought not to be put in a
position where they must buy the
lands of the farmers at their own
prices or else sacrifice their property,
which would force disaster upon thou
sands of employees and precipitate a
business depression in Butte and Ana
cOnda and in the whole state, which
would be calamitous in it's consequence
to all concerned including the farmers
of the valley where complainants'
lands are.
The legal view taken is that the
court must consider all the facts and
circumstances of the particular case
and may have regard for the conse-
quences to the public, which would be
unprecedented in serious effects. 1t
is held that the smelling business is
lawful and unless it can be carried on
the lowgrade ores of Butte cannot be
reduced at all and that the smelling
ores treated by defendants could not
be carried on elsewhere in the state,
which would mean the driving of the
industry from Montana. The court
balances all of these considerations
and the sweeping injunction prayed
for to stop the smelter operations is
denied, but the court holds that it
will diligently endeavor to make an
equitable order, which report will not
close the smelter and yet will ma
terially aid in requiring the adoption
of some means to prevent arsenic from
escaping as much as possible. The bill
was, therefore, ordered retained, and
the court of it's own motion directed
that the metallurgist of the defendant
companies appear before it on Feb
ruary Is to give information as to
possible methods for reducing the ar
senic in the flue dust
Plaintiff stood upon the ground
that the only relief he could have
would be an order closing the smelter,
but as the court denies this, 1t says
further evidence must be had upon
what possible methods may be used
to lessen the arsenic escaping. New
ertheless, If the court believes from
anything to be CLEANED from the testi-
mony already given that upon hearing
further evidence it may be developed
that some effective measure of relief
can be extended to plaintiff without
destroying defendants business, 1t is
wise exercise of discretion to deny
the injunction prayed for, but to hold
the bill in order that inquiry may be
had into how best to do equity be-
tween the parties by specific order
which will grant relief without de-
stroying defendants business. Such
an inquiry may be made upon the
Judges own motion where he believes
the interests of justice warrant it
before final disposition of the case.
The additional evidence will probably
be from metallurgists only, and not
consume long in hearing. Judge
Hunt said he would hear it himself.
Hunts Opinion.
In concluding his opinion, Judge
Hunt says:
Finally, though in the first analy-
sis, when, in connection with the
attitude of Mr. Bliss, the complainant
in behalf of the Deer Lodge valley far
mers, direct and vicarious, we weigh
the uncertainty of his proof as to the
amount of past damages done to his
land, or of future damages to his
pastures by the acts of these defend
ants together with the fact that he
has not resorted to a court of law to
recover any damages at all, and bal
ance these matters against the stern
fact that if the defendants are en-
Joined as prayed for, they must either
buy the lands of the farmers at their
own price or sacrifice their property,
that If enjoined as prayed for their
smelter must close, that If it does
close their business and great prop
erty will be practically ruined, that
4 major part of the su1phide copper
)res of Butte cannot be treated else
where within this state, that thou
sands of defendants employees will
nave to be discharged, that the cities
If Anaconda and Butte will be injured
rreparably by the general effect upon
Internal commerce and business of all
Kinds, that professional men, banks,
business men, working people, hotels,
stores and railroads will be so vitally