Show THE BREWERY NUISANCE NUIS ANeE the end of the criminal calendar of the third district court was waa reached this morning when the indictment found by the late grand jury against the salt lake city brewing company for permitting a nuis nuisance anee in the vicinity of their pre mims was brought up be before foreJudge judge zane the defendants were represented by ex city attorney hall who on their behalf entered a plea of guilty with an accompanying explanation As previously stated in the NEWS the alleged nuisance consisted of an overflow of water and refuse from the pipes at the brewery over the roadway and into the neighboring ditches mr hall mid eaid that at an expense to the defendant company of bf about 2000 wooden pipes were laid down some seme years ago to carry away the broat slop rom from the brewery when these broke or burst they were replaced by iron ones by the defendants the water which flowed from the brewery through these pipes was practically clear judge zane Is this complaint made by pers hersl us ni living near the brewery ur or aang the line of the pipe mr hall said be believed it really emanated from those residing on or about the second block west from the brewery where the pipes had burst bunt the water came up through the ground but the defendants had bad been replacing the pipes as fast as an they broke judge zane and propose to substitute iron pipe for tho the wood mr hall that to Is our proposition it would be quite a heavy expense expanse to substitute iron pipes all at once but our idea is to protect the people on as far as a possible from any further cause of complaint in this respect so bo far as the public health is concerned I 1 am satisfied that none node of the reside residents ito in that locality have been injured by any smell from the beer or what flows from the brewery the smell emell is not injurious to health Assip assistant tant district attorney stephens remarked that if the actual condition of things was such as mr hall had bad stated he should not have entered a plea of guilty he himself had bad no actual knowledge of the circumstances he only knew what had bad been told to him by the witnesses whom he had questioned it seemed that this wooden pipe was put in some years ago and had become filled up in a measure with solid matter from the liquid flowing through teb some of the witnesses had said pipe would not carry off the quantity of water for which it was originally intended consequently the defuse from the brewery at times oozed out and ran down toe the treet street and into the gutter without getting into the sewer pipe at all the e evidence given was that hat when the pipes bu bum and the liquid made its ito escape amps over the ground the smell was very offensive A large fine won waa not however now BOW asked for all the complainants nants required was that the nuisance should be effectually abated mr stephens hous asked that judge sawyer be allowed to make a statement on oath the judge was worn sworn he said he resided on fifth south between seventh and eighth east the wooden pipe now in use from the brewery was entirely inadequate for the purpose intended that of carrying off the refuse from the brewery being old and rotten whenever there was a heavy pressure prefigure of the liquid this broke through the surface of the ground and ran all over it at times the refuse refuge had found its way into the ditches from which people used water for irrigation and other purposes the smell was wa simply horrible horri bleV w when ben thia tn is refuse wa was exposed to the atmosphere all this was a great detriment to property in one on direction in that immediate end of the cit yand virtually amounted to a confiscation of the same the mai residents dents did not wish to see the brewery company mulcted mulched in heavy damages the complaint was simply made that the nuisance might be abated he wished to do mr moritz justice by stating that whenever notified fiedor of the pipe having burst that gentleman had always hastened baat ened to remedy v the trouble by having a new piece of pipe inserted asked by attorney hall whether he had bad ever found any bad smell from froin the overflowing of the liquid judge sawyer answered yes sir air as bad as any decaying human corpse cor ps e I 1 have ever smelt in my life laughter I 1 have reported the matter often to dr hall the medical officer of health but it was of no avail and he ought to be re moved from office for neglect of duty in this respect mr stephanoo Steph atoo we have more witnesses here it if the court would care to hear bear them attorney hall if you are going on like this we had bad better lot jet the case go to trial judge sawyer 1 I have no desire to see the brewery company punished attorney hall hal sarcastically so it seems from your evidence laughter judge Judg sawyer eSawyer rising if you will pardon me mr hall attorney hall turning his back upon the last speaker and bestowing upon him hi oa as he be dl di I 1 so 0 a clean cutting look lok no sir air I 1 will not I 1 h have ve heard quite enough from you aurely already laughter judge sawyer very well I 1 can cant st help what you think those are my feelings mr stephens we have no objection to sentence being deferred in order to give the defendants an opportunity of remedying the cause of this complaint then than perhaps there will be no ne desire to have any fine at all imposed ft posed judge zane I 1 suppose all you want to know is that the nuisance has been abated |