Show EMINENT DOMAIN I TO UTAH Bill Passes House of Representatives Representatives Representatives After AHer Warm Debate HAS MILE FOUR RADIUS Measure Similar to One Vetoed i i by Governor Cutler Two Years Ago Effects or of the discharge of at smoke moke and fumes from smelters on farm farmlands farmlands farmlands lands of at tho the state and antI tho the litigation which has taken place in tho the past as asa asa asa a re result of or conditions that existed wore recalled durIn during a lengthy thy do- do bate in the House of at Representatives cs bill on this yesterday over o a a. hearing bearing subject The measure under discussion discus discus- sion Ilon was House bill No 85 providing for the amend amending Ins of the laws relating to the exercise of or tho the right of ot eminent eminent emi emi- nent domain and tho the passage of the bill hill at the afternoon session of the House was probably the m mo most st st. l Import- Import ane action taken luring during a a. ge session slon which lasted nearl nearly five hours The Tho bill is Important in that It provides provides pro pro- vides that the right of or eminent domain domain do do- main may bo le exercised in securing sites for tor mills smelters or other works for tho reduction of ot ores and necessary an anto to tho tIto successful operation of such plants plant including the right to tako take lands for tor or the discharge and natural I distribution of smoke fumes and antI dust produced by JY tho the operation of such I I works Notwithstanding tho the t fact ct that the tho measure provides that companies which are contemplating the tho building of a plant must secure the consent of the tho owners of a majority of the prop ert erty within a radius of or four tour miles and other provisions which purported to protect residents of ot such euch neighborhoods neighborhoods neighbor neighbor- hoods there were several warm ad addresses addresses addresses ad- ad dresses from members against tho the measure Other speakers set forth tho the im importance Importance Im- Im of developing the mineral resources of ot the state citing this tills as asa i n reason why the bill should bo be passed Tho debate on on tho passage of the tho thome me measure suro lasted several ceral hours tho roll members In call showing thirty five favor avor of ot the measure five against and se seven absent or not voting yoUng Representative Brigham Cle Clegg Cleg S' S of Salt Lake who wanted the theote vote ote postponed post post- for a da day to have hao certain maters matters mat mat- tors ers looked Into gave notice that ho he would ask to today a for tor a reconsideration of ot the vote b by which it was passed A SUh Substitute Measure r The measure as it came before th the House louse was a n. substitute prepared by bythe bythe the he committee on mining mIning- and smelt smelt- ng for House bill N o. o 47 whIch ha had been jeen Introduced by Representative L L. L. L Baker of Tooele county Tho The act as originally Introduced declared the production and reduction of or ores to tobe tobe toe be e for the tho public use and benefit and provided for the exercise of ot the right of eminent domain for these Interests When hen the clerk had read th the bill bm as Representative o Daniel McRae McRae Mc- Mc Rae Rao of Salt Lake moved that the tho clause relating to the tho taking inking of ot lands for tor or the tho depositing of at fumes and dust duste be e stricken ou out Representative c Baher Bater Ealor Ba- Ba her lor ter who Introduced th time the original measure measure meas meas- ure and was prepared to work hard for the tho amende l bill stated that this was the vital portion of or tho the measure and asked aske o t to speak hn n It U. He lie referred to the time plans of tho time Utah Consolidated Mining l company compan to build a n. smelter at tho the mouth of Pino canyon can can- you yon In tho the Tooele valley and said the company had complied compiled with all the terms erms of ot tIle the bill an agreement having been entered Into between th the concern concern concern con con- cern and the owners of ot about SO per percent percent cent of the property within a 3 fourmile fourmile four- four mile nile radius ralIus of tho the site of ot the propose proposed plant the tho estimated cost of oC which he placed at l Lobbyist At Work orle lIe Ho mentioned the tho fact tact which al already already al- al ready rendy had been referred to b by other members that n a resident of ot tho neighborhood neighborhood neigh nohh- 1 Paul Drubay of Erda had been lobbying a against tho the measure and that certain petitions had been presented presented pre pro a against the bill Ho lie said that these petitions however were wore sent In n at nt the time the tho original bill was Introduced tho the petitioners thinking that hat the measure applied to those who had lad entered into an agreement with the company lie He said ho had heard that there thero had been claims of special legislation and declared that ho had Investigated the matter and was confident that this title was vas not special legislation or He lie saM said a a. similar measure measure meas meas- ure tire passed two years ago had hud been bean vetoed b by tho the governor who was un under under un- un der the Impression that the measure was unconstitutional e Mc McRae e said he was not t satisfied with tho the measure and nail wanted tho the smelters to take tale care of their poison polson Representative William Archibald o of Ot Summit suld said he lie thought ht the fears as to the destruction of or homes were groundless and that the bill covered time the ground well The debate was still on when when R Rep p- p Holman at 1215 1216 p p. in m. moved to adjourn and the ma matter Her was taken up again at 2 Representative Ashton of ot Salt Snit Lake said he had petitions from residents of Tooele county against tho the measure an and spoke against It Representative Clegg wanted wante the measure laM laid over for tor a da day but this was voted down and the time was Vas then put to a vote vole and passed Representative o Ashton En Eng Eng- land hand William McMillan lc McRae e and Porter voted otea In the nc negative aUve |