| Show HAS NO POWER TO I CLOSE SMELTERS TR So Says Assistant County Count Altor AttorE acy E Lyon Relative to Towers or of County Hoards Boards of or Health MAY ORDER AH AU ABATEMENT 01 Of Smoke Should Operators Refuse to Obey With the Courts Ruts the Only Recourse A At t County Job Lyon hab hn ha Informed tho the county board of ot health that while whito It has linK the 1110 power to 10 bring an nn abatement of the tho smoke nuisance nul which has hns laa mi contention of late between bohnen thu th Ih melting companies tho Iho farm era re It ha hall no authority to 10 order oriler the them m toed closed Further than that the tho question In III li one for the tho courts court to determine Mr Lyon In his opinion which wah j 1 to the tho members of the yesterday afternoon wild 1 that In event of the after having b been heon cn ordetA to nto the ond fumes upon luon the tho cf Qt the tho through ltd Its to obey the man mandate date of the tho may bo ho commenced against the companies for maintaining n ii public pUblio The rho of or the date tat tho attorney lY holds arc urt tn tO cope cOllO with tho the sit Bit altI I nation After hearing the lie opinion of Mr Ly Iy Lyon Lyon on tho the hoard board by hy a It vote vota of f 0 6 to I t de lie declared tho the and fumes a n nuisance upon motion of Commissioner and ami all l the tho companion will wilt wiltho b ho ordered to proceed forthwith toward an abatement I The negative voto Vote vau rout east by hy Ir nr who Vho hl notion by luy the Die evidence produced pro lu NI did not lIot appear to 10 him him na ns being to 10 toI I show on kind of ot that Is III Inn don to t life or ni 01 health and believed hell e the board only adjudge mien auch H Hint morel affect property anil euid the employment thereof In III rendering his opinion Attorney lyon Jyon Mill ald tinder the authority to 10 tho the thol l hoard oard by h 1 1 I section 1107 of the Statutes of Utah there IH IK IHno IKno Iano no question but hut that ho board may or order order der the tho or removal of nut orten lve to the hu human man la is II tn to comfort Un Under Under der No o anything that or 01 o more moro IlOr OIHI In avid Ih imo of property It k l a 1 nul Under tinder the tho evidence oI smoke IN Is INn IsIt n It nf oil It renders the Ihl air nir Im tin Impure pure lure hut but liB nt such audi It can CUll not lie bc II II III III 1111 Iy Y It I t Is IB detri detrimental mental to tile the public health or the cause of ot COY nil disease or mortality j Any or In III n it town lown or pop which ro luceA noxious or smells to the an nn annoyance of tho thu Is s n a corn com common cornmon mon and Indictable It Is Isi i not fIOt li t rU hut that the Iho smells be to 10 health I emitted from the Ihl of the li I offensive to tiu tho Honne Ron cs un itOh l Is IB danger dander dan er out to animal and vc vegetable life lite It 11 IK us n u 1 public nubile nuisance anti and It II IH Is within tho the power of ot tho the county board of ot health to order It and l It In IB n a crime and 1111 1 an nil such ouch |
