Show SMELTERS RUN I IN MONTANA Farmers Get Final Quietus a at Hands of Judge Hunt in Federal Court Butte April 25 Judge William H Hunt Huntin in the federal court urt today toda dis dismissed missed mIMed the bill in III the action brought brough in the name of or Fred J Bliss against th the Anaconda and Washoe companies to close dOle down the groat great smelting smelling plant a at Anaconda Each Bach side aide will pay its own costs which are said aad to aggregate about abou half million a dollars This order dis disposes disposes poses of or the famOs fam 9 smoke case caso be begun begun begun gun three years ago by b the farmers o othe or of orthe the Deer Lodge valley who claimed they were ere being damaged by the fumes from the smelter and who demanded an injunction closing clo down dO the work The main issue was wag decided last February when Judge Hunt denied the injunction In supplementary proceedings how however however however ever the tiie court heard testimony on the part port of the smelter company with aIe a Ie o ascertaining whether every everything ce thing was being done to eliminate the arsenic from the th smelter at Ana Anaconda Ananda Anaconda conda Counsel for Bliss had an op opportunity opportunity opportunity on April 19 to combat the evidence introduced on Feb 16 Ui but of offered offered offered no roof Instead they submit submitted submitted ted an offer to arbitrate provided that the defendants would be bound to in include elude clude all the farmers who had con contributed contributed contributed to the prosecution in the case caze Bliss alone being the complainant of record Judge Hunt today declared the offer otter to arbitrate wholly irrelevant He held that the decision in the Highland Boy Boj Bo case in Utah on which Bliss relied was as not applicable and that the de defendants defendants were doing all alt that science could suggest to abate the smoke trouble The decision Is entirely in favor of or the defendants and the only relief to which the complainant is en entitled entitled entitled titled If It entitled to any is through action for damages or other proper su sup |