Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1909-01-25
JUDGE HUNT TURNS
DOWN SMOKE SUIT
Refuses to Grant Injunction
Against Washoe Smelter
At Anaconda.
FARMERS SLEPT ON RIGHTS.
Court Points out Late Hour ct Bring.
ing suit and Eject Restraining
Order Would Have.

Helena, Mont. Jan. 25.-Judge Hunt
handed down decision ia the famous
so-callcd smoke case today i'm which
be denies tho application of farmers
for the closure of the Washoc smell
ter at Anaconda, and no damages are
awarded to the farmers whose pro-
perry is alleged 20 have been damaged.
The court will make further investi-
cation as TO the alleged dissemination
Of arsenic and if conditions can be
improved this viii be ordered done by
the company.
Iu concluding his ouiniou Judge
Hunt says.
Finally. though i'm the first analy-
sis, when, IN connection with the at
utude OF Mr.. Bliss, the complainant
an behalf of the Deer Lodge Valley
farmers, direct and Vicarious. wc
weight the uncertainty of his proof
as TO the amount of past damages
done 20 his land, or of future damages
70 ne done TO his pastures hy the acts
OF these defendants, together with the
lact that he has not rcsorted TO
court OF law TO recover any damages
at an. and balance these matters
against the stern fact that if the
defendants are cuJOincd as PRAYED for
they must either buy the lands Of the
farmers al their own prices, on sacri-
flee their property; that il
enJoned as prayed for their smeltcr
must close. that If il does close. their
business and geat property will be
practically ruined; that a major part Of
the sulphidc copper ores of Butte can
not be treated elsewhere within this
L..H d 4.
employees win have % be discharged.
that the cities OF Anaconda and Butte
VIII be injured irreparably by the gem
cral effect upon internal commerce and
business of an kinds. that professional
men, banks, business men. working
people. hotels, stores and railroads viii
De 50 vitality affected as 10 cause un-
precedented depression IN the most
populous parts of the state; that the
county government Of one county OF
the state may not be able TO exist;
that the farmers Of the valleys ada
cent TO Butte and Anaconda win not
nave nearly as good markets as they
nave enjoyed. that the industry Of
smelling copper sulphide ores viii BE-
driven from the state. and that values
or many kinds OF property viii either
Dc practically destroyed on seriously
injured-rcmembering always that UNI
der the evidence as he has submitted
his case, discretion. wisely. imperative
~ guided, by the spirit of justice does
not demand that injunction as
prayed for should issue. Il
does not necessarily follow how
ever, that his bin should be dismissed
This has been litigation of over
much expense. Its consequences are
Of interest 10 many people and keeping
in mind the essential fact that ami
NAL health is being affected. il there
can be any reasonable preventive
remedy applied by a court OF equity,
every larger consideration demands
that IL should be, that is 20 say not
withstanding the denial OF the writ of
injunction as prayed for. Il a measure
of relief less than that which COM
plainant has proved he Is entitled 10
can be awarded TO him, he should
have % by some form of judicial or
der Equity, having jurisdiction Of
the parties and the subject matter,
viii therefore retain the bill, I'm dill
gent effort 10 AFFORD an the relief
reasonable possible under its allega-
tons Where the defendant has a
clear ultimate right TO do the act
sought 10 be enioined upon certain
possible conditions, the courts Will en-
deavor TO adjust their orders so on the
one hand as 10 give 20 the complain
conditions, while not restraining the
defendant from thecXcrcise Of its ulu-
mate rights.
Il am always deeply sensible too
how especially important il Is In the
practical preservation Of the equality of
the law. that when man limited
means seeks relief against a corpora
tion or individual OF very great wealth.
his property rights must be projected
a.. sHH.a#H .rHHH
oned or continued unlawful encroach-
ments without unnecessarily forcing
him into litigation SO expensive or pro-
tracted that IL often means impoyerish-
mont or denial OF substantial Justice
Let il not be understood IN
saving this / mean 90 IMPLY
that the defendants herein have
any unfair attitude toward
Mr. Bliss or others in the Derr Lodge
valley; on the contrary, as the case Is
submitted, it appears that they were
ready TO treat with him and other land
owners. aud were willing 20 buy his
land, and consider claims Of injury but
their advances were checked by Mr..
Bliss refusal TO sell. and by the ulu-
matum of March a. 1905, from the as
ISOLATION. Nevertheless, the court VIII
not poronptorily turn the complainant
away, but will use its power, already
invoked ma this court, 90 give him
such relief as may be reasonably pos
siblc. without destroying the defend
ants business. But, for lack OF mfor-
nation, the court can make no such
specific order as win Dc just 20 both
sides.
However after "a study ~ the evi-
dence of Mr.. Matthewson, superintcn-
dent of the Washoo smclter i take 70
upon myself as chancellor 20 say
that ] am not satisfied that the con-
structon OF additional arsenic furnace
Win not help the situation, or that
thero may not b. some system of
spraying the smoke and cooling the
gases which win aid iu settling hue
dust. OF that greater width and height
to the chambers may not Doe effective
aids. or that a further system of hltcra
may not he devised on that buquottlng
fine dust may not be- OF help, on that
lam arrangement of bags may not ho
made, 0r other means applied, per-
hlps discovered since this suit was I'M
sttuted, which viii materially aid ln
reducing the quantities. of escaping ar
ronlc. / therefore think the more
equitable course 10 pursue is 90 call Tor
further evidence, with respect 20 tne
suhlect of adopting other on additional
means to prevent the release of arsenic
10 me end that ] may be- moro iuily
advised in the promises before making
nnal dlspoailiOn of the case