Bisbee daily review., 1909-02-06

consider an offer of purchase rom the
 defendants because he surrendered
 the control of his land to the Farm
 CTS association. and that for past damages there is a complete remedy
 at law. where deferdants could secure
 the right of trial by jury. It is held
 that thc Farmers association demand
 ed of the defendants that they buy
 the lands ,og the members of the or
 ganization al prices fixed by the as
 sociation and pay cash for. them with
 in 6O days. or the farmers would
 bring suit.
 MaqnituGe of interests Affected.
 The court sets forth the magnitude cF the dcfenCauts' investment, and
 holds that as the busIness Is in itseu lawful they ought not tO be put in position where they must buy the lands of the farmers at their owE
 prices, or else sacrifice their property which would force disaster upon thou. sands of employees. and precipitate business depression in Butte and Ana conda and the whole state which would
 be calamitous in is consequences to all concerned. including the farmers of the valley where ccmplainanJs lands are
 The legal view taken :s that the l eouri must consider all the facts ana circumstances of the particular case. and may have regard for the conse- uuences to the public, which would be unprecedented. IL iS held that the smelling business 5 IawIui, and, un- l less it can be- carried on, Jac low grade ores Of Butte cannot be reduced at all. and that the smelling of the ores treated by defendants could moi ! bo carried on elsewhere in the state. which would mean the driving out of the industry from Montana. The i court balances all Of these cousidera- tions. and tine sweeping injunction prayed for 10 stop trc smelter opera ! tious is denied, but the court holds ' that it will diligently cndeayor 10 make an equitable order which will not close the smelte~, and yet will ma l tcrially aid in requiring the adoption ! cf some means to prevent as much
 arsenic from escaping as now does. Arsenic Difficulty Unsettled. | The bill was. therefore, ordered re- | taincd. and the court. of it's own mo | tior, directed that tae metallurgists Of the defendant company appear be- | fore it on February I5 to submit 10 an | investigation into possible methods for 1 reducing tho arsenic in the fine dust. The parties are given the right 10 pro {, ducc meJalluTeists to aid the court in | this quest.
 Complainant stood upon the ground ! that the only rciief he could have would be an order closing the shelter, | but thc court denies this. it says fuE- 1 ther evidence must bC had upon what possible methods may be used to les | sen thc arsenic escaping: that is. lthcugh the complainant in equity rests. This case upon the theory that no cf- ! iective relief can be awarded him iexcCpt by an order which means the i dcst rucLiOn of a business in itself law ' ful. nevertheless ii the court believes from anything to be gleaned from the | itestimOny already sven, or that, up- | on hearing further evidence, iJ may be developed that some effective meas ure of relief can bc extended tO the piaintn without destroying the Ge- | fendant's business, |. Is a wise cxer- else of discretion jo deny the fnianc- ! ton prayed for; but 10 hold the bill, in order that inquiry may be had into lhoW bcs. to do equity between the par 1 ties by specific order. which win grant relief without destroying the defend ants business. Such an inquiry may
 be made upon the jucge's own motion. Iwhere he believes the interests of jus [ tice warrant it, before final disDosi- ton of the case. The additional evi- | denee will probably be from metallur- gists only. and not consume long in hearing. Judge Hunt said he wouid hear it himself