OCR Text |
Show aims to m ommv w& mm .... FEHIL COURT GETS IMT IT Sllll ; Gives Complete Review of Problem ai It m AffecU Farmers in Damage to Agricultural Ag-ricultural Land and Crops ALTHOUGH no direct recom mendation is made, the inference in-ference in drawn from the report of Coramuwioner Robert E, ovtaui, ouiiiiK iui i no k vi io- trtct court In the case of John A. Aim demon and fifty other farmer plaintiffs plain-tiffs against the American Smelting and Ilefinlng company and the United Btatea Smelting company, that extensive exten-sive Improvements to prevent smokt damage must be made at the Midvala plant of the latter company. The report, re-port, containing 481 page of text drawings and pictures, was filed with Judge Tillman D. Johnson today. It represents a year's work and the ex pendlture of approximate! $26,000, paid by the companies. It I a complete com-plete review of the smoke problem of Halt Lake valley from the smelte standpoint FORCE IMPROVEMENT. "It Is my firm opinion,1 aaya Mr. Hwain. "that If the Murray plant of the American Rmelting and Refining company Is operated under skillful management, with every attention paid to keeping the bag house and the, Co tt re 11 process to their highest ef' ficfency, and that the general operating operat-ing conditions which prevailed during 120 are maintained, ft will be able to operate hereafter without being an agent of Injury to Its neighbors." As an offaet to this statement, he says that the Mid vale plant Is not up to hia efficiency. Attorneys In ths eaee on both sides draw ths Inference from this that the Mldvals plant will bo forced to put in extenetvo Improvements, Improve-ments, which will probably ueceaeltato the erection of a huge stack similar to the one put up by the Murray smelter. RESULT OF ORDER. The present report grows out of an order made by Judge Johnson January 21. J20. appointing Mr. Swain of Iceland Ice-land Stanford university commissioner to make a thorough Investigation of theo pe rat lng conditions at the two smelters and to report on ths damaga to surrounding country, If any. Mr. Swain, aa one of the leading smoke authorities of ths country, was agreed upon by sill parties to the suit. He was . granted $ Is. 000 expenses to begin with and mrh further expenses aa he should deem necesssry to complete his investigations. inves-tigations. He Was empowered to employ em-ploy whatever staff he required and was to have a year in which to complete com-plete the work. In the meantime the v smelters were allowed to continue to operate. ASKS SUGGESTIONS. Just prior to that time the court hsd given its opinion In the case, wherein the court held that the defendants should be permitted to suggest and work out a method of operation that . would prevent smoke damage. It was agreed that the smelters could operate under then existing conditions until Kebrusry 1, 1K1, or until further order of the court, but that every method and effort should be tried to recover arsenic, sulphuric acid and other alleged al-leged harmful chemicals snd gases. In the meantime the defendants were to waive their right of appeal snd prepare pre-pare to abide by the recommendations of the commissioner. Mr. Swain chose ss his staff Professor Pro-fessor Raymond J. Pool, professor of botsny of the University of Nebraska; William K. Barber of Stanford, chemist chem-ist assigned to the Mldvale plant; Crawford M. Kellogg of Stanford, chemist assigned to the Murray plant: Lloyd Macy of Stanford, chemist to determine sulphur dioxide In the sir; Iewrence A. Adams of Stanford, chemist chem-ist for the same purpose; Richard S. Wright. College of the Pacific, to make air tests; William Hyde, assistant on air tests, and Miss Kdna Boulware, secretary. Arthur K. Wells formerly with the I'nlted States bureau of mines snd the Anaconda smelter cona- (Continued on page 5 FEDERAL COURT (Continued from Psge 1.) mission, sssisted In an sdvlsory ca-pscity. ca-pscity. Kxperlmental stations were put up at both plants and the work began early last year and was finished about a month agu. HIGHLY TECHNICAL. The report ia exhaustive and highly technical and the attorneye in the case refrained from mnklng any extended comment uatll they bad opportunity to digeat ita contents. Mr. Hwaln says. In 4ffert, Ih the processes In nee at the Murray smelter, which Include bag filtration of blast fi.rp.c. ir'- -).,ctrical precipitation of roaster dusts: discharge of roaster gases at high temueratuses: discharge of gases through a stack 4r.5 feet high and dally elimination of 10 tons of sulphur are the factors that render the operation of that plant practically harmless.' He declares, however, that the human hu-man element In keeping these processes lo their hlnlit ernciency in ins vut element and that ftnffiruarda muit b4 I provided that will 1nnur maximum ef-floie-ncy continuously l,ft lha deration dera-tion become a. ark and the damaglnc potaona be arum releuaed In undue quantity. Ha suggests to tht court that a con-fere con-fere nee of all partica Intcre-nted be called to ko over tha report and dla-cuaa dla-cuaa Ita ftndinRa and concluaions, and furthermore that a working agreement t entered Into between the partleg whereby the proper aafeguarda of op-erailon op-erailon be maintained. Aa the matter now atandn. It renta with the court to call the partleg to-fteher to-fteher a aonie date, probably In he near future, when tha report will be considered. It U deemed probable that me ordr will thn be made upon which the t'nlted Hu-tee .mellinB company com-pany will be compelled to art. Aa atated by a member of the firm representing rep-resenting the plaintiff": AGREED TO WAIT. -In Juatire to the Midvale people, we must any that they elood ready and wllliag a year ago to put up a lall t sui. k and Inatall whutevr dtmt auv- j Ing proceaa deemed bent. It waa ajtre.-d, however, that aln.e the Murray Mur-ray ainelter had already gone to tn - - ..r i.iiii.iin a arrssu i stark and installins; the varlmis proceaees. it would l.e least to wmt a ear and act upon Mr. Hwaln s findlnorn. as all felt that he would prulwbly reach a solution of the difficulty. As It looks lo me now. sfter a cursory examination examina-tion 4.f 'the report. It will be up to the Midvale peouie to Kt buay If they are lo avoid a permanent Injunction." The Anderson cane was Instituted In and was really an outgrowth of the old tiodfrey Injunction suit brought in ll4 and' which caused the rliminx down and diemanl llnK of the Hlxhland Hoy and ISinifham smellers In 1U. The plaintiff In Ihe Anderson case were farmers living around and about Murray Mur-ray and Midvale and were different from ihe plaintiffs In Ihe Codfrey cs.te, HlthoUKh the issues were practically the same. i TRIED IN 1916. . The Andera-jn esse waa tried In ll. taking about alx inontha In the hearing. hear-ing. At that time the war was Inprog-re-es and Judice Johaaim tenneid his decision, de-cision, it beinr tacitly ai;red that the amelters rouat operate whether they ! were doing damage or not. Judge John- , son made his decision late In llt and l held that proof of damage had been shown. He thought, however, that the . defendanta should he given a chance ; to eliminate this trouble If possible .' snd which they seemd lo be making I even' effort lo do. The appointment! ! of Commissioner Hwain was tha re- I suit. . |