786 JOURNAL OF FORESTRY 



lately so much developed, by which so many diseases find their expla- 

 nation. 



Forest Leaves, June, 1917, PP- 43-48- 



Within the last decade or two the smelter-fume 

 Smelter- damage problem has become acute, has given rise 



Fttme to a large amount of litigation and scientific in- 



Damage vestigation, and has led to the employment of 



specialized "smoke engineers." One of these, the 

 expert of the American Smelting and Refining Company, Ligon John- 

 son, brings an interesting account of the historical growth of the prob- 

 lem and of the results of investigative work done in this country. Mr. 

 Johnson is a lawyer, having been in charge of smelter-case litigation in 

 the Attorney General's office, and cannot quite suppress the attitude of 

 an advocate. 



A brief reference to European conditions with reference to this 

 problem points out the difference between Germany and Great Britain, 

 the former providing not only for location permits, but strong legisla- 

 tive barriers and supervision by the mine police and mine courts, the 

 latter, although starting consideration of the subject in 1861, having 

 accomplished only partial control legislation. 



In the United States only little, and that only local, legislation has 

 been enacted, but a lot of litigation has gone on. In 1872 the first regu- 

 lation prohibiting the location of smelters within its corporate limits was 

 enacted by Oakland, California, and soon after the California legislature 

 created a commission of inquiry into the efifect of fumes. A number of 

 the notable suits are cited, like that against the Shelby, the Tennessee 

 and Ducktown, the Washoe Company, and the Mountain Copper, which 

 latter, as several other cases, was entered by the United States on be- 

 half of the Forest Service. 



These suits gave rise to the development of so-called smoke experts, 

 who, according to the author, did not know much, maintaining various 

 theories at variance with each other, upon which the courts gave ver- 

 dicts, also at variance. Buying ofif complainants became a general 

 policy of smelter companies until the demands grew exorbitant. 



Then the author urged a thorough investigation for the smelters by 

 a competent research department, with P. J. O'Gara, chief expert, and 

 E. P. Fleming, chief chemist. 



The findings of the European, mostly German, and previous American 

 investigators are belittled because not secured under normal field con- 

 ditions ; but, so far as we know, the findings of this later commission 

 largely confirm the facts developed by the previous investigators. 



