Show SMELTER MEN I ASK I Petition Filed Asking for fOl a Re Reopening Reopening Reopening opening of Smoke Cases ESSENTIAL POINT INVOLVED PERCENTAGE OF SULPHUR THAT WILL BE ALLOWED Smelters doing doin business in Salt Lake valley are ar determined to have established bv by b legal process the minimum pe of sulphur that will vilI be permitted in the smelting sm of o v under the recent rec nt deci cled decision sion slon of Judge john Marshall of th the Unit United ed td States Stat s circuit cir court Yesterday a pe petition petition was filed flied in this tilia court by two of the smelting companies Involved It asks lor br a rehearing of o the smelter smeller smoke aSe The petition which was as filed with J 3 R Letcher in the afternoon Is Isas Isas as us follows ollos Petition for a Rehearing In the circuit court of the United States in iii the tho district of Utah James Godfrey et al aI complainants vs s American Smelt Smelting Smelting ing Jag Refining Refi ing company et al aI defend defendants defendants ants Petition of o Bingham Consolidated Min Mining Mm lIn lug ing Smelting company compan and Bingham Copper and Gold Mining company for rehearing To the honorable judges of said court Th The Bingham Consolidated Mining company com pan and the Bingham Cop L OP pcr and Gold Mining company compan defend defendants defendants defendants ants in the above entitled suit respect respectfully respectfully fully tull represent to said court that in the theu decision u of ot the court filed in said court it itIs Itis itIs Is stated elated that the evidence does dolS not clear i show that the damage would result frOm rom the smelting melting or roasting of ores car icing Tving a small percentage of sulphur and andt t and effect that the ourt A t not satisfied In this case if smelting sIDe ores carrying not more mor than 10 1 ir cent sulphur damage would result to the complainants or any of them The decree of herein prevents and prohibits the roasting or smelting of ores carrying to exceed 10 per Said Bingham Consolidated Mining company and said suid Bingham Copper topp opper r Gold Cold Mining company further represent nt to the court that it appears from the practically undisputed evidence in Jn the said cause that such Injury to FK as occurs from dioxide in th iii smelter gases aRes is dependent not upon the tu percentage of sulphur in th thc gas sas twitted but upon the percentage of o su sit suj j hut hur dioxide in the tIle gases ses emitted from tle th smoke moke stacks of the smelters said taid defendants further represent to the tile court ourt that th they y join in the petition of the 1 States Smelting company in re respect r Jt sped speet to requesting a modification of the decree in iii this case to permit the smelting of ores so 50 mixed and placed In The he fur furnaces furnaces naces aid roasters for roasting and smelt t that they will not contain more than tItan 10 In I per r cent sulphur t t these defendants pray pra the court ourt to grant a rehearing of the causes upon the matters herein set sel forth to the eid Id that this court ourt may modify the de dp deci deci ci l n so o as to designate the percentage of sulphur dioxide which may be emitted In the gases from the stacks ks of the much smelters of these defendants and also so flO as to permit these defendants to smelt and roast ores containing not to exceed 10 to per pr percent prent cent ent eit of sulphur whether these ores are IP In tIll the natural condition in which they came ame from the mines or arc are mixed with other lither ores so o that the ores when so 10 to be roasted and smelted shall not contain to 10 per cent of sulphur The petition is signed by Street and md Bramel solicitors JI for tho the mining milling and companies named That the th ac action action tion is I not riot caused to bring about k ir worn to by b the tho attorneys named |