Show TilE THE UNITED STATES COMPANY CO IS WINNER Judge Marshalls Marshall's Decision ir in inthe inthe the Federal Court Allows Smelter to Resume WILL DO NO MORE DAMAGE Farmers Also Say They Are An Satisfied and Smoke War May B Be Over Overl In Iii II 60 days a 8 the he United States Smelter compU company will wil get pet its Is furnaces Into commission at Junction J Judge U i go lila Marshall's Marshalls ils il's decision I cc I n yesterday settled this question for the present If I th the company can cnn make good Its it promises cs of not doing K dol an any damage with wit wih Its ts s Improved cd plant It will wIl be allowed has to continue anti anil a n question that caused much trouble will wil be settled In In in- This means much to the tho mining The plant when working at full ful capacity employs s 's men and has hasa a n payroll parol of a n month Tile The news of or the favorable fa decision hal had an Immediate effect on the tho local stock market and there was general rejoicing rejoicing In ing among mining circles After t l' l the decision lon General Manager HeIntz of or the United States company compan gave ae out the tho following statement for fr the United States You can an say any sy Smelting Mining and Ind Refining company compan that there will wil bo ho no damage caused causell to vegetation in Ia 11 the tho future It I will wil be 60 lays days before wo can get set an any furnaces I into commission and six sic months be before before be- be fore rore wo we can rUn the lead smelter to capacity It I will wil be necessary to In Install install In- In stall converter con roasters instead of ut f hand roasters and to build a n plant to use up tip lp the tile arsenic arsenic I In May n Ind Smoke War nr In his decision Jud Judge e John A. A Marshall Marshall Mar Mar- shall suspended the Injunction at present present pres pres- ent in effect against the United States Smelting company and antI directed the at attorneys al- al tornes torne's for fOI the company to draw up an in order In accordance with wih his find find- Ings ings which he would sign when pre pre- seated Thou Though h the suspension o of the thc Injunction is hedged with conditions the company compan Is satisfied as the thc con- con named are In effect the same as is their officials and attorneys agreed to Lo offer In the evidence e and ur arguments submitted the thc past week weck at nt the cite hearIng hearing hearing hear hear- ing on the application for Cor or a ton tion The smelting company compan further considers tho decision a great victory both for itself itsel its is es and allied aled nt Interests interest and the mines of or the tho state S So sure suro are the tho officials that the tho plant f EY ully operated pCr te without t nt Ion v i expressed d that the tho smoke yar lar was va 8 over overtime vc tt time and that thal the tho court cour would never tm bo ho compelled net Jo O PUt pOt J JUo o InJun Injunction to ton n again In iii operation As is further evl ovi- ovi oC or their faith the tho announcement was made that tho the hand roasters In Installed Installed In- In stalled at nt a n cost of or would be abandoned and converter con roasters to cost ost cost with wih other improvements OOOO won would Ii be installed John A. A Mackay for the thc farmers the tic complainants in Iii the action acton also expressed ex ex- pressed himself himsel as content with wih the turn mat matters rs had taken as ns the they felt willing to give he the company compan an nn opportunity opportunity to show that Its IlS bag houses and other apparatus would stop the tho damage damage dam dam- dam dam- age especially with wih the intimation of the court that upon their thell showing to the contrary the Injunction would again be enforced To tho the SOO of or the company with a n monthly pay payroll ol of or and to the the business men of Junction and rind other interests It Is needless to sa say th that t the news of or orthe the suspension was mOt most rete re re- ro- ro te The s substance o of JudgeS Judge Marshalls Marshall's decision is s as ns follows Tho rho Injunction against tho United States Smelting company compan Is suspended until further or order order order or- or I der of or the the- court In the meantime the plant will wil be permitted to operate as asper asper a aper per the following c conditions It I will vill willbo wi bo he allowed to treat treal third one o of its Hs total tonnage which may mn carry sulphur up to but but not in excess of or 25 per cent It must be so operated as not to discharge ills dis charge any ars arsenic or sulphuric acid from rom its its Is stacks all al arsenic anti sulphuric sulphuric sul sul- ul- ul acid and all al fumes and solid sold matter mater must mut bo be filtered through h its Is bag houses and b by that process arrested from the stacks stack of tho plant there must not be allowed to escape sulphur dioxide gas In iii excess of 75 lOO of or one per cent of ot the volume of smoke and gas cas emitted emited As conditions as 39 stated slated above were practically im self posed and agreed to at the hearing the they came n as at no hardship to the compan com corn pan pany In lit giving his decision Judge Marshall said that the stipulation of or orthe the complainants by which the tho American Ameri Ameri- can call cn Smelting and Refining company compan was allowed to continue its Is opera- opera was a n pertinent fact to bo ho considered con con- fl en l in n n the tho pres present nt Cl case e. e lie Ie said sall that It I was not tho the province pro of the complainants to show shon favoritism and If I Iother other plants could offer the te same sarO and better safeguards as the company to w-h w which ch a n privilege had been granted they likewise e were entitled to a I con con- cession The attorneys will wi draw em up accordance with the above an an order in Ia a wih conditions and when presented to the thc theS S court it will 1 be signed |