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

Special to The Daily Missoulian.
Helena, Jan. 25.-The long looked
for decision of Judge William H. Hunt
of the United States court on the ap-
plication of Bliss and others for an
injunction against the Anaconda Cop
per Mining company to stop the oper-
alton of the Washoe smelter at Ana
conda, was handed down this morn
ing. Judge Hunt refuses the injunc-
ton, and in order that no injustice
be done the complainant or any of the
farmers in the Deer Lodge valley, he
set February Is as the date when he
will hear evidence as to what meas
ures can be adopted to lessen the in
juries from the fumes arising from
the operation of the plant
Members of the legislature, without
regard to where they reside, and the
people of Helena, when they became
aware of the ruling, expressed their
satisfaction at the result of one of the
most important cases that has ever
been before a court in Montana. The
so-called "smoke case has been the
longest and the most expensive litiga-
tion ever started in Montana in any
court and the property interests in
volved and the far-reaching effects
which it might exert on other indus
tries besides mining throughout every
part of Montana, are incalculable.
On the one side We're arraigned 1O8
farmers of the Deer Lodge valley,
representing an acreage of approxi-
mately $4,000 and several thousand
head of livestock water rights farm
ing machinery and all buildings and
equipment necessary to farm on the
diversified plan the $4,000 acres of
land
On the other side was the Anaconda
Copper Mining company, with its plant
representing an investment of some-
thing over $9,000,000 and indirectly in
volving the mines of Butte, the lum-
bering industry of western Montana
to considerable extent, the shipment
of freight, amounting to millions of
tons yearly. the business of Butte,
Anaconda and many smaller places,
which are almost exclusively de-
pendent upon the operation Of the
smelter.
Long Decision.
The opinion in the case by Judge
Hunt covers Sc typewriter pages and
in 1t there are approximately 10000
words. Judge Hunt consumed an hour
and As minutes in reading it. Every
phase Of the case is dealt with 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 by the farmers, and, finally, the
building of the old and then the new
works, with the effect these had on
agriculture and livestock conditions in
the valley.
Then the smoke nuisance is taken
up in detail, the payment by the de-
fendant company of damages amount
ing to $330,000 Of the alterations at
the plant and the building of the big
stack to eliminate the nuisance; of the
improved conditions, of the organiza-
tion Of the Deer Lodge farmers into
body to either secure damages in the
sums demanded by them from the
Anaconda Copper Mining company, or
else to bring suit to shut down the
works. The different phases of the
case are reviewed at length, the in
terests of Bliss, individually, and the
interests of the farmers collectively,
who paid for the expenses Of bringing
the suit; of the true facts as dis
closed by the testimony, OF the prop
erty rights involved, and then of the
equity rights, of decisions in similar
cases which would govern in this case,
and, in fact, every point however re-
mote, which would have any bearing
on the case at issue.
Animals Suffered.
The history of the construction of
the smelter was given and the court
reviewed the facts at length, reaching
the conclusion that there has been an
abnormal condition of animal life in
the Deer Lodge valley since the |
Washoe smelter has been in operation |
in 1903; that it has manifested itself |
in horses and cattle to some extent, |
but that 1t has not been generally IA
tai, and that the death rate of cat |
tie and horses in the valley has not |
been below normal since 1905. 1t is |
found that complainants damage lay |
in decreased rental value of his land, |
but that of this amount of injury his |
own neglect caused more than fumes !
from the smelter, and that dairymen |
were always ready to rent If Mr.. Bliss |
would enter into a lease, for dairy |
purposes. The court holds that Bliss |
refused to consider an offer of pur-
chase from defendants, because he |
the control of his land to |