Show I SMOKE CASE DECIDED fOR fORTHE THE Injunction Denied to the Farmers Near Smelter at Anaconda BUSINESS UPHEAVAL I TOO GREAT SAYS HUNT Federal Judge Sugg Suggests Other Protection Might Night Be Given HELENA Mont Jan 2 20 Judge Hunt of the tho federal court handed down downa a a. decision dedsion In tho famous so-called so smoke case caso today in which he denies the application application ap ap- of farmers for the tho closure of ot the Washoe smelter at Anaconda and no damages arc awarded to the farmers whose property Is alleged to have damaged Th The court will make mako further iD gation as ns to time the alleged cd dissemination of oC 3 arsenic and if conditions can bo be improved im- im imi im-I i Tro proved ed th this s 's will be ordered rd r d done by tho f com compan compan- pa ny I I In conc concluding his opinion Jud Judge o Hunt limit i i says I Finally 1 though h in the first analysis when in in connection with the tho attitude of Mr r Bliss tho the complainant in behalf of the Deer Lod Lodge c valley farmers direct and vicarious we weigh tho the uncertainty of his proof as aR to tho the amount of pa past t I damages damage done to his land laud or of future futuro I Idama dama damages es to be he done dono to his pastures pastur h by I Ithe the acts nets of these defendants together I with tho the fact fad that ho he has hns riot not ot resorted to toa a court of law T to recover an any dama damages damages' I at allAnd allAnd all And when we balance these matters against the stern fact that if the tho d de defendants defendants de- de I arc enjoined as prayed for they ther must eith either cither r bu buy the lands lands' of tIme the farmers at their own prices or sacrifice their property that if enjoined as prayed praed for their smelter must close I Would Ruin Euln Indus Industry ry That if it it- t docs does close their an and great pro property pert will ill bo ho practically ruined rimmed that a major part of tho the sulphide su- su sul sul- copper ores of cu Of Butte cannot bo be bor treated r els where else within this state tatt That thousands ands of defendants cm- cm j will have to be hc discharged char that I tho the cities of Anaconda aud and Butte But will willa I a b be he injured ir irreparably b by the general t l effect upon internal commerce an and andi i business of all kinds kind I That professional men muon banks l business business busi- busi usi- usi t ness nes men working people hotels stores tore and lna railroads railroad will h bo be so 50 vitally affected as to cause unprecedented depression e in inthe inthe inthe the most populous part put of the tho state That the county government of ono one of the state may n. n not t be c able 1 e to toi i exist That tho the farmers of the valleys s adjacent ad ad- jacent to Butte and Anaconda will notnac nut not have nave nac ne nearly nearby rl as ns good markets as th they have hao enjoyed That That tho the industry of smelting copper copper cop cop- per sulphide ores will be bo driven from omit time the state t te md una that values of man many kinds of pr property will either cither be he practically pra t h-al h ly destroyed or seriously cr injured I Remembering always that this under un un- der ler tho the evidence as he has submitted u lii hit hiu case ease discretion wi wisely d imperatively guided b by the spirit of justice does docs not nob demand that injunction as ns prayed praed for should Issue issue But Should Have Havo Relief Relic It does loes not nt necessarily follow however how ever e that his bill should he be dismissed f This has been becu a litigation tion of overmuch overmuch over over- much expense e. e Its consequences mire are of interest to man many people and keeping in ut mind time the essential fact that animal health is being affected if there thero can beany bo ho all any reasonable preventive remedy applied applied applied ap ap- ap- ap plied by hr a court of equity every larger large consideration rati n demands that it should he That is to 53 say notwithstanding notwithstanding- the tile den denial al of the tho writ irit of or injunction HS as prayed cl for if it a measure of relief less than that which complainant has proved pro ho lie i is entitled to can be awarded a to Continued on page pago I 1 n. n SMOKE snORE CASE Continued from page pace 1 l. 1 him hini he should have it i l by some form of ju judicial order Equity having jurisdiction of the parties partos and tho the subject matter will wi therefore retain the bill bi in diligent effort effort ef ef- effort fort to afford all al the tho relief reasonably po under its is allegations Where the defendant ha has a 3 clear ultimate ul right to do tho the act sought to be enjoined upon certain condit conditions condi condi- conditions t ns the courts cout will wi endeavor to adjust their orders so 50 on tho the ono one hand aa as to give to the complainants tho the substantial substantial Hal benefit of such conditions while not restraining the tho defendant from front tho exercise exercise exer exer- cise of its is ultimate rights Therefore the tho order in in th tho case is that the injunction as prayed for is denied denied de do- nied but the bill bi is retained for tho the purpose o of or enabling the court out to receive re re- further testimony ns as o to possible means of so 80 0 treating the flue dust dUft as 35 to reduce tho the quantities of arsenic now suffered to be bo released from froni tho the stack and and thereafter making any such sueh specific order as may bo be equitable and rj right ht Will Wi Hear Further Fer As Aa it is important that thc the matter mater be bo disposed of before tho the spring pring the tho court will wi sot the hearing of further evidence evi ci cour dence for Monday onda February 5 at 10 0 o o'clock cock and hereby directs that a subpoena sub subpoena poena be issued for Mr requiring him to appear and testify at nt that time The suit stilt was instituted by bJ farmers farmer of the Deer Lodge valley who complained that the smoke from the smelter flues lucs had utterly destroyed vegetation and that their ther livo Iyo stock was being poisoned poi pol from tho the arsenic deposited on tho the grasses Bliss who was tho the spokesman for the complainants has since died in Idaho where whore he removed remo etl several years year ago Tho The Washoe smelter is is tho the plant that President Roosevelt lt had under consideration consid consid- respecting its is closure for tho the reason that tho the smokes were also injurious in in- jurious to the tho forest reserves es in that vicinity Tho The plant treats teats the tho ores of tho the Amalgamated Copper companY Protect Poor Complaint I HI am un always deeply sensible too how especially important it i is in the practical preservation of the tho equality of the In law that when a man of In limited ted means relief against a n corpora- corpora lion ton or individual of Very groat wealth hi his property must be bo protected with scrupulous care caro against threatened or continued unlawful encroachments without unnecessarily forcin forcing him bin into litigation so 80 expensive or protracted that it often means impoverishment or denial of substantial justice Let it not be he understood in saving this I mean to imply that tho timo defendants defend ants herein l have assumed any unfair at at- toward Mr r. r Bh Bliss or others other in the Deer Lodge on tho the contrary as the case caso is submitted it appears rs that tha they were ready rody to h treat with wih tim him and other othor land owners and were willing to In buy his laud land and consider claims of in in juren but their advances were checked d bv fn Mr fr Bliss Bliss' refusal al to tell sell I and ani by the ultimatum of March Larch 4 i 1005 ino from the association Will Wi Use URO Cour Courts Court's Power Nevertheless the court will wi not lot per per- turn tur the complainant away b hilt t will ill vi use its is power already invoked in this court to give him such relief as asmar may mar bo be reasonably o C possible without de de- 1 the thc defendants defendant's business But for lack Jack of information th the court can mako mak no such specific order a as ai will i be just lust to both Bid subs s. s However Hote cr after a study of the evi evidence evidence evi- evi e dence of Mr r. r on superintend superintendent nd- nd ent of the thc smelter I take it upon up on myself as a chancellor to say far that I Iam Iam Iam am not satisfied at fec that an n arrangement of ba bags s ma may not be made or other means mean applied perhaps discovered disco since ince this suit fuit was instituted which will ti materially materially ma ma- ma- ma maI aid id in reducing the the IU quantities I of or escaping arsenic I therefore think the thc more equitable course course to pursue is to call can for further evidence with ib respect to tb the ct of adopting other or additional m means ans to prevent tho the release of arsenic to the end nd that I may be more fully advised in tho the premises before making makin final disposition dis dis- poston position of tho the case |