ARSENICAL POISONING FROM SMELTER SMOKE. 
417 
many of the complainant’s witnesses, it was developed that there 
has been not a little confusion between live stock conditions which 
existed prior to 1903, and those that have existed since. These 
dates are most material, because, without doubt, great damage 
was done by the smoke before 1903 (partly to remove the cause 
of which the smelter was remodeled, and the high stack built), 
and because the gist of the present suit is to close the smelter to 
prevent future damage reasonably certain to continue. 
“ It would appear, too, as showing that the sickness is not 
fatal, that, notwithstanding- the somewhat abnormal condition of 
animal life that has existed since 1903, the percentage of death 
rate among live stock through the valley in 1906, was normal, 
in that out of about 9,384 head of cattle and 1,632 horses ac¬ 
counted for, the total loss was 54 cattle and 38 horses. Animals 
seem to sicken slowly, and often fail tO' show their true condition 
without careful examination.” 
Thus, while admitting the general poisoning, the Court was 
not inclined to admit that the losses were such as to make the rais¬ 
ing of live stock impossible or unprofitable in all parts of the 
valley. The reason for this skepticism as to severe losses appears 
to be partly the “ strong challenge to every single issue pertaining 
to live stock conditions,” which the writer can confirm, and which 
was made with all the skill of the numerous experts employed by 
the smelter company, the testimony being welded together by able 
lawyers, and, in addition to this, certain statistics as to the death 
rate during 1906. It should be remembered, however, that the 
experts of both parties to the suit were actively searching for 
animals showing symptoms of disease during the greater part of 
the year, and that those which were found were sacrificed for ex¬ 
amination, and, consequently, did not enter into these statistics; 
also, that the farmers had learned to watch their animals, and 
when they showed symptoms of poisoning* they were given the 
best hay or purchased food. 
The conclusion of the Judge that the “ animals seem to sicken 
slowly, and often fail to show their true condition without care- 
ful examination ” agrees with the observation of the writer with 
regard to the animals as a whole, but it seems to the writer that, 
