420 
D. E. SALMON. 
in as clear a manner as it might have been. Possibly, it was be¬ 
cause of a lack of proper attention to this part of the case that the 
judge was not more impressed with the magnitude of the losses. 
The farmers in their suit “ prayed for a permanent injunction 
forever restraining and enjoining the defendants from operating 
a certain smelting plant situated near the city of Anaconda, Mont., 
and from treating ores described as containing poisonous and de¬ 
leterious substances, and for general relief.” 
The paramount reasons for denying this prayer seem to be ex¬ 
pressed in the following quotations from the “ opinion” (33) : 
“ Bliss will not be driven from his home if the operation of the 
smelter is not enjoined, for he never has made his home on his 
land, and never intends to—that is to say, there is no sentimental 
concern involved; there is not and will not be personal incon¬ 
venience or physical discomfort, or even annoyance, to him or his 
family on account of the smelter fumes. To him, the special dam¬ 
age which he has suffered or will suffer is an absolute pecuniary 
matter. Of such as he has suffered in the past, there could be 
exact ascertainment, and, for recovery thereof, there appears to 
be no reason why he cannot bring his action at law with trial be¬ 
fore a jury, and obtain a verdict and judgment. 
“ Finally, in the last analysis, when, in connection with the 
attitude of Mr. Bliss, direct and vicarious, we weigh the uncer¬ 
tainty of his proof as to the amount of past damages done to his 
land, or of future damages to be done to his pastures by the 
acts of these defendants, together with the fact that he has not 
resorted to a court of law to recover any damages at all, and 
balance these matters against the stern fact that if the defendants 
are enjoined as prayed for, they must either buy the lands of the 
farmers at their own prices, or sacrifice their property; that, if 
enjoined as prayed for, their smelter must close; that, if it does 
close, their business and great property will be practically ruined; 
that a major part of the sulphide copper ores of Butte cannot be 
treated elsewhere within this state; that thousands of defendants’ 
employees will have to be discharged; that the cities of Anaconda 
and Butte will be injured irreparably by the general effect upon 
internal commerce and business of all kinds; that professional 
