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Show MOLMBERU TELLS DAMAGE GAS PLANT DOES TO PROPERTY Hearing in Gorier Suit After Af-ter Judge Personally Ex-. Ex-. amines Situation. - After s personal Inspection of the plsnt of the Utah Oss end f'oke com psny and the conditions in the vicinity of the plant at Ninth West and First South streets. Judge George O. Arm strong began ths trisl of the rase of the residents of ths vicinity of ths against the company to enjoin it from further operation, in the third district court. The eourt did not eooveaa until rather late, owing to the fact that Judge Armstrong went to the property to look into the matter. The suit waa brought against the company by Lucy E. Ciurley and others to restrain and enjoin the company from operating its plant on the grounda that ths plant waa a pnblie nuisance, a menace to public health and a general detriment ta property. H. .1. Holmberg, sa employee of the Oregon Short Line and a resident of the vicinity, was on the stand most of the flay. He testl-fed testl-fed that when the - wind blew the fumes fronf the gss plant toward the residences near the works tt caused vegetation to become blighted, having destroyed numerous trees. Mr.' Holmberg further declared that many of the honses in the vicinity which were always occupied before the plant begaa its operations, ars now empty, nnd tenants cannot be secured, owing to the nuisanss of ths gas works. '.. . On cross exsmination, however, Mr. Holmberg admitted that smoke came from other places in the vicinity and that he could not distinguish tha smoke from that of the gas plant. Ths bearing of the raia wss commenced com-menced before Judgs Armstrong yesterday yes-terday sfterooon. Counsel for tha company com-pany demurred to ths complaint, on the ground that the plant. had been in r ration for several years and that it was a nuisance now It was at the time It was first put in operation and that the. proper method would be to sua for damages and not ask an in junction to close down the. plant. Counsel Coun-sel for tha plaintiffs argued that if the plant waa a nuisance now it would continue con-tinue to be one as long na it was operated. oper-ated. V I The court overruled the demurrer and then took a recess until this morning morn-ing in order that the judge might have the opportunity to visit tha plait and tha neighborhood said to be affected. |