| Show r 8 A Rl The admit action IH k by hy the County Hoard Board i I Df Of Health concerning the tue abatement of or t the t he r I ink which im iii Im hue BO an long I l tho mind In tIde this city mind ond WAS WM In o with th time the duty I n that win by lIy law with the opinion renders by hip the iho County Count Attorney through hU Ida deputy We do not se ue eec how other could have hUI l been e n arrived at by the tho attorney 0 tI ey than thoe to the board hoan In to time the which woe wan Can Calm the tho County Count Hoard of or Health abate studier AH ac a 1 i If 1 although not dangerous to human life lite lit It In Ii I annoying to the en 6 and li II I dan ith serous to animal and vegetable life lite In III reply reilly the authority of ot the health board M Is shown to bo be lawful and that the board Is ha properly proper constituted The he definition of ot a criminal or public Imbue nuli nuis Oll U Is then given In the of or orthe the statute on the subject The Tho chief In It U In ii the tho t of ot sec nee needon section lion don im UT Statutes 1533 1808 which Is ISI A public nuisance IB Ia a crime the order and economy of ot the time State anti and ane In unlawfully doing tiny any not or omitting to perform any tiny duty duly which not or annoy anno Injures or endangers tho the comfort repose o health or safety of ot three throe or more persons persona Under that definition that the ter IH Is a I public nul Is II he be yond fair controversy That It an aim I noya more than persona and Ind endangers their comfort also that tutt It Injures them In III property must t be he evl evi evident dent clent to every evary person acquainted with the facts that have been heu brought for tor forward forward ward by In tho tha farmer In Iii their corn Plaints The declarer that thatto to be a II public nuisance which In tiny any way y renders three or more persons In itt escure oure ure III In life lito or cur th thi the use lIso of ot property The This destruction of ot animal and vege VeC vegetable vegetable table life lite which has hils occurred of ut the this smelter smoke IH is therefore ol olear ar arly ly Iy a 11 criminal nul under tinder the tho law IW There Is another provision In chapter 4 Laws of ot 1899 1809 which defines the time fol tol following following lowing as ns a mi nuisance ha lInce nee Is dangerous to human or health and whatever renders soil muir water vater or tooth food Impure or un lull unwholesome wholesome are aro declared to b be nul nuisances and to be bo Illegal ana ama very every v ry person either cither owner agent or occupant hay hav having ha haIng ing hog aided In iii creating or to tn it the 01 or who may support con ron or retain any of or them shall be bo deemed guilty of or Thin Thit goes goe direct to tho the subject of ot tho the farmers complaint and Ind there cannot b bl bo j any other logical conclusion than that the smelter smoke Is 18 un tin tinder tIer del the time law u n public or criminal al nuisance and that the County Board of o Health Is II empowered to It and cause Its removal It Is iii truo true that one ona member of at the board voted against the decision of ot time the other six members that tho thin fumes from tram the Iho several smelters ha he declared a II nuisance nul anti and order abated hut but tho the reanon Ien on ho he offered for tor voting no was as 1111 Irrelevant to by the attorney I Ilie tho the mutter a nil aN presented ney lie mI C and amid by hy I the facts He lie did not thing that hit t time the board should adjudge anything to t o be he a 0 which Is 18 not denser OU o umi to lito or health and merely property p or r the time thereof Yot Y et he lie acknowledged that tho tue letter hitter are turO nuisances and therefore h virtually he a that t the Hoard hits him authority I to t o abate them theft It Is very vely unfortunate that thorn e 1 be Rill any conflict between tho a and amid the thiS agricultural of ot o f this country However favorable many m of ot our citizens urn lure to the smelting mi i which Involve to ox t tent ent nt the mining Interests of ot this thin sec sea section ion tion t no candid person will deny that the he t and LillI tho timo public generally are a re Injured by b the tunic complained of It If or that vegetation hunt has b been en p animals killed thereby Without stopping to the quan ques quantum ion tum t of ot the offset effects a of ot the fumes upon i health It 1 is III clear a n public Is maintained us rue 8 long bug as n i those hose t fume overspread the time Ing I ng country Now Noll what Li Ic I to bo ho Jo rOM don Shah Hhall they ha bit allowed to to the Injury of ot th t lu agricultural population anti and to time annoyance of the time people of ot this city Or Ou shall steps be he taken to 10 enforce the law l aw aunt and abate the time nuisance jimia trouble rouble t existed for tor a II long period and i all alt interested pro tuco or con COli are brought blought face tRee to tees face with the emergency No one omme wants them the smelt smeltIng Ing i ng interests MH to tn 1 I ItS d destroyed stroy d On the theother theother other hand the preponderance lice of ot pub IU b lie i hc U III to the effect that time the agricultural anti and the welfare of ot the general public must be te protect protected ed ml There han h been ben talk enough Ac lieu Is U now no demanded If U any feebleminded 01 malicious and UlI malignant OIl or paper chooses to ta distort what whet w WI we say aay Into an aim aimon on the time we v do tin not oars oar In hi tit th the degree deree People with ordinary cone een ene and ammil will wm perceive that the position we take taice Is III right and Im Un pr We Ve hop that this Import ant matter will be iii to a I settle Kittle ment without Injury tn to ally nil ono ammo but bul that something will III have to be he dune dona more mOle than promise or threats threat or con contention In Is evident and the time time up tip pear hears to have hlo arrived when ilmon this lactic will b be pushed to a determination The Time Hoard of ot Health Is la In III the limo right both In law In duty It should be d by every avory oilmen citizen of ot ott this t hla city elt end and county and auth will no doubt be supported by the courts court when the tha matter maIi coma co 0 up 1111 tm for tor decisive ad adjudication |
