# Amicus Curiae Brief — Georgia v. Tennessee Copper Co. > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386020_0250%3A22 ## Record - **Collection:** Supreme Court brief - **Document type:** Amicus Curiae Brief - **Published:** January 1, 1906 - **Citation:** 206 U.S. 230 ## Text Office Supreme Cou, u. ee ens Sipe aed JAMES D. MAHER, OLERK. No. 1——,, Original. Inthe Supreme Court of the Wnited States, OctroBerR TERM, 1917. Tue Srate or Georaia, PLaINtirr, v. Tur TENNESSEE COPPER COMPANY AND THE DvUcK- TOWN SULPHUR, CoPPER AND [RON COMPANY, LIMITED, DEFENDANTS. BRIEF OF THE SOLICITOR GENERAL AS AMICUS CURIZ AND IN BEHALF OF THE UNITED STATES. WASHINGTON : GOVERNMENT PRINTING OFFICE: 1918 Inthe Supreme Gourtof the United States, OcroBER TERM, 1917. THE STATE OF GEORGIA, PLAINTIFF, | v. ue - ' | No. 1—, Tue TENNESSEE COPPER COMPANY AND } Tectia | Original. The Ducktown Sulphur, Copper and | Iron Company, Limited, defendants. BRIEF OF THE SOLICITOR GENERAL AS AMICUS CURIZ AND IN BEHALF OF THE UNITED STATES. The United States has not heretofore had an interest in this litigation. But early in the present year the need of the Government for copper and sulphuric acid in carrying on its war operations became so urgent that the chairman of the War Industries Board of the Council of National Defense, acting for himself and the Secretary of the Navy, addressed a letter to the Attorney General requesting him to endeavor to secure such a modification of the injunction in this case as would enable the defendant company, The Ducktown Sulphur, Copper and Iron Company, Limited, to increase its output of both of the above-named products, saying: There is a grave shortage in sulphuric-acid production, and we have been utilizing the 59096—18 ») entire copper production of the United States in our military program. Both of these ma- terials are fundamental in the manufacture of our war munitions, and anything that can be done to stimulate their production will be of benefit. The United States not being a party to the pend- ing litigation, the Attorney General could not ask for a modification of the injunction, but, believing that the officials of the State of Georgia would riot object to a reasonable and temporary modification of the injunction, he advised that they be requested not to 4 oppose an application to that effect. And on Apri! 19 last the Acting Seeretary of the Navy addressed to the Attorney General the fol- i lowing communication: In accordance with the suggestion stated in your letter to Mr. B. M. Baruch, Chairman of the War Industries Board, February 7, 1918, concerning the sulphuric acid and copper pro- duction of The Ducktown Sulphur, Copper and Iron Company, a letter was forwarded to the Attorney General of the State of Georgia in accordance with the attached copy, to which no rep'y has been received. Since it is desired to stimulate the pro duction of sulphuric acid and copper at this time, it is desired to inquire whether there q a 3 3 i 4 ‘ is any further action which might consistently be taken to secure the modification of the in- { junction which limits the production of these materials by The Ducktown Sulphur, Copper and Iron Company. Oe penny ke we 3 Accordingly, the defendant, The Ducktown Sul- phur, Copper and Iron Company, Limited, having filed a motion to modify the injunction, it is deemed proper to present the interest of the United States in the matter; and a copy of this brief having been furnished to the attorney general of Georgia, the following propositions are submitted in support of the defend- ant’s motion: (1) If the officials of the State of Georgia do not appear to oppose the motion, it should be assumed that they have patriotically yielded to the appeal made to them by the Secretary of the Navy, and the modification asked should be made as of course. (2) If opposition is interposed, it should be over- ruled, because any possible damage that could result from the slight modification asked ought not to weigh against the need of the Nation, in its hour of peril, to use its resources for the common good and the safety of the country. Respectfully submitted. JoHN W. Davis, Solicitor General. May, 1918. O Supreme Court of the United States. October Term, aoe 5; 19j2. -— No. @#F- Original. THE Ss ATE OF GEORGIA, sy its AtrorRNEY-GENERAL, . JOHN C. HART, Pvarntirr, US. THE TENNESSEE COPPER COMPANY AND THE DUCKTOWN SULPHUR, COPPER AND IRON COMPANY (LIMITED), Derenpanrts. IN EQUITY. EVIDENCE PRODUCED BY COMPLAINANT ON FINAL HEARING. Joun C. Hart, Attorney-General of Georgia. Ligon JOHNSON, Solicitor for Complainant, ~ ATLANTA, GA. THE FRANLIN-TURNER COMPANY, ATLANTA, GA. INDEX. Abandoned lands, in the region affected by fumes. 94 to 97. Admissions by defendants : Of original injury and agreement to abate same. 1 to 4. Of reason for installing new process (profits). 100, 101, 103, 104. Of causes occasioning the erection of the high stack. 103, 104. Of ability to remedy injury by precipitating gas into sulphuric acid. 103. Atmosphere rendered foul by fumes and dense and dark, see affidavits under “General Injury,’ also photographic effect of fumes in pic- ture exhibits of Jones and Edwards and R. I. Smith. Chemical effect of fumes and destruction of vegetation by sulphur dioxid. 5 to 23. Comfort of inhabitants and enjoyment of property in said region de- nied by fumes. See affidavits under ‘General Injury,” “Injury by Single Visitation of Fumes” and ‘‘Health.” Commission, second report of Georgia’s, on condition of Ducktown re- gion in 1906, after operation of new furnaces and tall stack. 63. Employees, defendan’s’ witrfesses identified as. 399 to 408, 423, 424, 827 to 833. Experts produced by Complainants Chemists— ; J. K. Haywood, 5. J. K. Haywood (2). 9. Jobu M. McCandless. 18 Furesters— J.S. Holmes. 38. A.B. Patterson, 41 D A Jones. 47. L. D. Rogers, 44. FE. Buffington, 57. A. E. Starpe, 59. M L Mauney, 61 C. A. Keefer, 66. II INDEX. Entomologists— W.F. Fiske, 24. R. I. Smith, 27. R. I. Smith (2), 82. Wilmon Newell, 35. Geologist— W.S. Yeates, 91. Erosion of soil as a result of the destruction of vegetation, 76 to 8°, 84 to 93. Also photographic views, plates, I, IXd, XX, XXI, XXII, XXIII, XXIV, XXXIV, XXXV, and XXXVI of exhibit ‘‘South- ern Appalachian Region,” and photographic exhibits by R. I. Smith and A. B. Patterson. Fertilizer, manufacture and use of sulphuric acid in, 111 to 134. Floods resulting from the destruction of forests and vegetation, 76 to 91. See also plates 15, XXXIV, XXXV and XXXVI, ‘The Southern Appalachian Region.” Forest fires, influences inducing same, showing the increased suscepti- bility of Ducktown region by destruction of leafage and vegetation inthe dry midsummer, 87, 263, 266, 284, and affidavits under ‘‘Gen- eral Injury.” Forest Influences (generally), 76 to 91. Forests, Character of, in counties affected by fumes. see Exhibit For- est Map, Bureau of Forestry, also affidavits of experts ‘‘Foresters,”’ and United States Bulletins specified pn pages 83, 86 to 91. General Injury: Destruction of crops, gardens, orchards and forest, ruin of farming and lumbering industries, abandunment of farms and lands, in- juries to roads and highways, destruction of vocation and means of livelihood of the inhabitants of the Ducktown region up to the winter of 1905, testimony of 1,500 witnesses, 138 to 445. Vast increase of all injuries and territory subject thereto after six months operation of the new furnaces and tall stack of the Ten- nessee Copper Company, testimony of over 2,000 witnesses, 452 to 844. Health, effect of fumes on, 146, 174, 204, 210, 300, 301, 408, 428. See also judicial declaration by the Supreme Court of Tennessee in case of Madison vs. Copper Co., 113 Tenn. 340. Injury by single visitation of fumes before tall stack and new furnaces completed, 140, 145, 166, 172, 188, 198, 216, 223, 242, 245, 278, 289, 293, 295, 312. ae : OLLI —_— — INDEX. Ill Injury by a single visitation of the fumes during the summer of 1906, after operation of new stack and furnaces. 551 to 573, 622 to 640, 679 to 724, 734 to 744, 750 to 820. Lands, loss of value of, throughout territory subject to fumes, see affi- davits under ‘‘Abandoned Lands” and ‘‘General Injury.” Means of sustenance and livelihood destroyed, see “Abandoned Lands” and affidavits under “General Injury” declaring the ruin of farms and destruction of farming and lumbering pursuits. Pasture, the mountain region unavailable for pasture lands, 87. Phosphate rock, production of, in States adjacent to Tennessee, 119 to 120. . Valueless except in conjunction with equal or greater weight of sulphuric acid, 111 to 119. : Incinerating plant removed from interior to point on Georgia line, map showing former location, 102, Affidavits declaring removal, 232, 316, 337, 349. Revenue, loss of, see “Abandoned Farms,’’ “Lands, Loss of Value,’ and also decrease in taxes specified on page 97. Roads and Highways, injuries to generally, see affidavits ‘General In- jury,” Testimony of Road Commissioners, 148, 198, 223, 258, 271, 300, 302. Specific affidavits by citizens, 205, 210, 245, 310, 317, 368, 384, 337 to 445. Picture Exhibits R. I. Smith, showing soil erosion, and United States Governmental report ‘Southern Appalachian Region’’ and plates therein. Sulphur dioxid, definition and description, 105. Cost per ton to produce for precipitation into acid, 111 to 119. Precipitation of into sulphuric acid, 15, 103, 104. Sulphuric acid : Uses of, 105, 106. Partial consumption of, 106 to 184. In fertilizers, 111 to 134. Price per ton, 135. Gross possible production by defendants, 136. Taxes paid by defendants’ witnesses, alleged citizens of Georgia, 406, 407, 416, 417, 420, 421, 838, 834, 835. ———— IV INDEX. United States, Departmental Bulletins: “Injury to Vegetation by Smelter Fumes,” Bulletin 89 Department of Agriculture, Bureau of Chemistry, 13. ‘‘Forest Influences,” Bulletin 7, Department of Agriculture, 76. “Water Supply and Irrigation,” papers 62 and 80, Geological Sur- vey, 82, 83. “Washed Soils,” Farmers’ Bulletin No. 20, Department of “Agricul- turh, 84, 85. 86. “Southern Appalachian Region,” joint report of Bureau of Forestry and Geological Survey, being Senate Document 84, 57th Congress, Ist session, 86 to 91. “Qopper,” for years 1900-1905, Geological Survey, 98 to 101. ‘Production of Phosphate Rock,” 1905, Geological Survey, 119, 120. Water Supply, effect of destruction of forest and vegetation upon, 76 to 91. Valleys, farm lands in outlying, ruined by floods, erosion and debris where vegetation destroyed, 78, 79, 80, 81, 82, 85, 87, 88, 89, 90 91; see also plates, I, IXb, XX, XXIII, XXIV, XXXIV, XXXV, XXXVI, Exhibit “‘Southern Appalachian Region.” TESTIMONY and EXHIBITS COMPLAINANT No. 5 ORIGINAL. be In the Supreme Court of the United States. OCTOBER TERM, 1906. THE STATE OF GEORGIA, BY ITS ATTORNEY- GENERAL, JoHN C. Hart, Plaintiff, US. : In Equity. —~_-—— . THE TENNESSEE CoppER CoMPANY AND THE DUCKTOWN SULPHUR, CopPpER AND IRON CoMPANY (LIMITED), De/endants. TESTIMONY AND EXHIBITS OF THE COMPLAIN- ANT, THE STATE OF GEORGIA, UPON FINAL HEARING. LETTER OF DEFENDANTS PROPOSING TO ABAN- DON OLD METHOD FOR ONE CLAIMED TO REMEDY THE NUISANCE. February 9, 1904. Gov. Jos. M. Terrell, Atlanta, Ga. Dear Sir: Referring to the proceeding instituted by the State of Georgia v. The State of Tennessee et al., I beg to ad- vise you that as President of the Tennessee Copper Co., one of the co-defendants in this suit, that we are now preparing to make such changes in our smelting operations that I am of the opinion, and in fact can guarantee to you, that by the 1st of August, 1904, we will have ceased producing smoke from our 2 roast yards. At the present time the Ducktown Sulphur, Cop- per and Iron Co. has entirely ceased roasting any ore and the roast yards are abandoned. The Tennessee Copper Company is awaiting the installation of a third blowing engine, and when this is erected, so that the third furnace may be put in operation, they also intend to cease putting any more green ore upon the roast yards. This date we presume will be about the "st Jf April. I desire to call your attention to the fact that it takes from three to four months to roast ore after it has once been lighted, and, therefore, it is physically impossible to stop the roasting when it is once under way. To be concise, our proposed method of smelting, which is now in successful use by the Ducktown Company, is to smelt the green ore directly in blast furnaces without preliminary roasting. The result is that, instead of producing smoke, only a gas is produced, which being heated and concentrated, immediately rises to a great elevation and becomes so diluted with air as to be practically dissipated. I call your attention to our intentions in this matter, so that you may postpone any action against us until such times as we have demonstrated the practical success of this new method, and which, as I say, we have every reason to believe will be in full operation in August or September of this year. Yours very truly, (Signed) J. PARK CHANNING, Pres. Tennessee Copper Co. On behalf of the Ducktown Sulphur, Copper and Iron Com- pany (Ltd.) I beg to state the discovery of a new process has enabled this company to abolish the former practice of roasting its ore, that the new process is now in actual and successful operation, and that the roasting of ore will not again be re- sumed. (Signed) W. H. FREELAND, Gen. Mgr. Ducktown &., C. & I. C. (Ltd.). AGREEMENT TO ABANDON OLD PROCESS AND TO DISMISS CAUSE. In the Supreme Court of the United States. OCTOBER TERM, 1903. THE STATE OF GEORGIA, | ) vs. THE DuCKTOWN SULPHUR, COPPER AND IRON Company, THE TENNESSEE Cop- > In Equity. PER COMPANY, AND THE PITTSBURG AND TENNESSEE CoppER Co., Defendants. J Wuereas, The State of Georgia filed its bill in equity against the above-named defendants on the day of 1904, in the Supreme Court of the United States, which suit is now pending, in which bill of complaint it is alleged hy the State of Georgia that her public domain is injured by the defendant copper companies above named by the certain sul- phurous smoke, fumes, and gases originated by the defendants in the operation of their open roast-heaps for treating copper and sulphur ores; and WuHereas, At the time said suit was filed the Ducktown Sulphur, Copper and Iron Company (Limited) and the Pitts- burg and Tennessee Copper Company was no longer roasting their ores in the open beds or roast-heaps, producing the alleged dense smoke and attendant fumes and gases complained of; and Wuenreas, The Tennessee Copper Company, since the filing of the bill in this cause, has abandoned the roasting process, and has lighted its last roast-heap, and that each and all of said companies have heretofore and hy this agreement declared 7 Re. that after the present ignited heaps have burned out neithe- of them will again return to said method of roasting their ores, of which method the State of Georgia especially complained : It is therefore agreed between the State of Georgia and tlie defendants, in consideration of this stipulation on the part of said companies not to return to said method of roasting their said ores, that an order shall be entered specifying that sa:! bill shall be dismissed. It is further agreed that this stipulation and agreement shal! be made a part of and filed in said case, and an order of dis- missal issued in accordance therewith. ‘t is further stipulated that the dismissal of said suit shall in nowise be construed as an adjudication of any of the ques- tions involved therein, and that it shall not operate to tlic prejudice of the rights of either or any of the parties beyon:! the terms of this agreement. The Tennessee Copper Company. By HOWARD CORNICK, of counsel. The Pittsburg and Tennessee Copper Co. ; By HOWARD CORNICK, of counsel. The Ducktown Sulphur, Copper and Iron Co. (Ltd.). By W. H. FREELAND, General Manager. The State of Georgia. By JOHN C. HART, Atorney-General of Georgia. LIGON JOHNSON, Special Attorney. AFFIDAVIT OF J. K. HAYWOOD, U. S. CHEMIST. No. 5 ORTGANAT.. In the Supreme Court of the United States. OCTOBER TERM, 1996 THE STATE OF GEORGIA, BY ITS ATTORNEY- \ 1 GENERAL, JOHN C. Harr, ' 7arnttf!, | | . VS. \ z ) In Equity. THE TENNESSEE Coprper Covpayy anp Tue | DUCKTOWN SULPHUR, COPPER AND [IRON COMPANY (LiMIrED), De enrants. ! UNITED STATES OF AMERICA, District of Columbia. Personally appeared, J. K. Haywood, who, being duly sworn in the above styled and numbered cause, deposes and says: Deponent is a chemist by profession, and is now Chief of the Miscellaneous Laboratory, Bureau of Chemistry, United States Department of Agriculture. Deponent, in his official capacity, and under the direction of the Bureau of Chemistry, made for said Bureau at the request of the Bureau of Forestry, an investigation of the territory ia and around the locality of Ducktown, Tennessee, for the pur- pose of determining whether or not the fumes of the copper plants in that vicinity were injurious to vegetation and the ex- tent of same. These copper plants are located in a depression in the mountains of southeastern Tennessee, southwestern ens Sone pesgee 6 North Carolina and northern Georgia, the depression being greatest in length in the southeasterly and northwesterly direc- tion, and shortest toward the west and eastward. In the process of reducing ore and extracting copper, used by said copper plants, the sulphur originally present in said ore is burned and given off in the air principally as sulphur dioxid, but to some extent as sulphur trioxid. For each pound of sul- phur burned, two pounds of sulphur dioxid are formed and given off into the atmosphere, a part of which acts directly on the foliage of the trees and plant life generally. Sooner or later, however, all of the sulphur dioxid is changed by action of the oxygen of the air into sulphur trioxid. The moisture present in the air unites with this sulphur trioxid to form the highly corrosive compound sulphuric acid, which, in its turn acts upon the delicate foliage. Prior to the investigation at Ducktown, and in connection with the investigation made by the United States Bureau of Chemistry as to the injuries to vegetation from fumes arising from the copper smelting works of the Mountain Copper Com- pany near Redding, Shasta county, California, deponent made full experiments in said Bureau of Chemistry in order that he might verify from his individual experience the effect of the sulphur dioxid upon plant life, and from said experiments, as well as experiments made by others, it was conclusively demon- strated that sulphur dioxid was destructive to plant life, and that when present, even in very small quantities in the air, kills vegetation. Under the processes now in vogue in the Ducktown locality, the fumes are liberated from smokestacks or chimneys, and, consequently, are much stronger at their point of exit from the chimney by reason of their concentration and liberation from these necessarily narrow and circumscribed localities, than those generated and given off from open roast heaps and yards of equal capacity. Owing to the fact that the stacks or chimneys through which the fumes are liberated are quite low as compared with the surrounding country, the plants being located in the valleys or depressions, as heretofore stated, the gases do not havea very good chance to diffuse into the circuim- ambient atmosphere before they are swept by the wind cur- Rae sa -— 7 rents down the valleys, along the water-courses, and over the higher wooded ridges and hills of the surrounding regions. The injuries done to surrounding vegetation, within the radius of the harmful influence of the sulphur dioxid is very great. In the immediate vicinity of the plants nearly all vegeta- tion has been destroyed, and for a distance varying from about two to five miles from said plants the earth is practically desti- tute of vegetable growth, other than resistant species of grasses. Beyond this zone there is much injury, the damage, however, in most instances decreasing as the distance increases, but is greater, as before stated, towards the southeast and northwest, and in those directions where the vegetation is not protected by the barriers of high hills or mountain ranges. The territory affected in the Ducktown vicinity seems to be somewhat greater and the damage more extensive than that caused by similar fumes in the Shasta county, California, territory. The Shasta county smelter is situated in a narrow valley, or what might also be termed a cut between the mountains ; its highest chimneys are below the level of the surrounding land. In a northerly and westerly direction other narrow gulches branch off from the main one in which the smelter is located, through which gulches the fumes drift. Much more territory is included in the main basin and valleys subject to the Duck- town fumes. In relation to the production of sulphur dioxid by the Ten- nessee copper companies, estimated upon the production of twenty-five million pounds of copper per annum, and assuming the works will produce their full capacity of copper when the furnaces are opened, the following results are given: The ore of said copper mines carries 3 per cent. or a little less of copper, and it seems safe to estimate that at least 2 per cent. is extracted; therefore, the original ore from which the 25,000,000 pounds per annum of copper was extracted amounts to 1,250,000,000 pounds of ore per annum. The ore is said to contain on an average 19 per cent. sulphur, so that the amount of sulphur dioxid that could be obtained from this ore would amount to 475,000,000 pounds per annum. All of the sulphur, however, does not form sulphur dioxid, but part is retained in the slag. However, it seems safe to assume that 8 go per cent. of the sulphur is given off into the atmosphere «s sulphur dioxid. On this basis 427,500,000 pounds of sulphur dioxid would be given off annually. This would be enough to contaminate 42,750,000,000,000 pounds of air with one part of SO, to 100,000 parts of air, or enough to contan- inate 529,000,000,000,000 cubic feet of air with one part of SO, to 100,000 parts of air. This contaminated air would cover an area of 189,752 square miles, to a depth of 100 feet. For a period of one day the atmosphere for a thickness of 100 feet would be contaminated for 520 square miles, or in a circle with the furnace in the center the contaminated atmos- phere would extend nearly thirteen miles in every direction. Sulphur dioxid in the atmosphere of the strength of 1 to 100,- 000 is injurious to vegetation and.as little as one pound tuo 1,000.000 has been proven to be also injurious. The witness is also of the opinion that the maximum of injuries from the sulphur dioxid produced by said copper com- panies, operating at their present capacity, has not been reached, but will increase both in volume and in the scope of territory covered with the continued production and liberation of said fumes. If the production is doubled, the injuries will be mul- tiplied. With each zone of timber killed it would appear that the carrying power of said fumes is increased, inasmuch as the destruction of timber and vegetation permits the fumes to travel further before being absorbed. Deponent can not see why chimneys, even higher than those now used, can possibly relieve the situation. As heretofore stated, the smelters are within a depression’in the mountains practically surrounded at varying distances by mountain ranges considerably higher than said chimneys, and the increase in height of said chimneys by one or two hundred feet even, would merely result in giving said fumes a greater carrying power and a consequent ability to damage vegetation at greater distances. J. K. HAYWOOD. Sworn to and subscribed before me, this 27th day of No- vember, 1905. A. ZAPHONE, Notary Public District of Columbia. — SECOND AFFIDAVIT OF J. K. HAYWOOD, EM- BRACING EXAMINATION SEPTEMBER, 1906. No. 5 ORIGINAL. In the Supreme Court of the United States. OCTOBER TERM, 1906. GENERAL, JOHN C. HART, Plainttf/, VS. e In Equity. Tur TENNESSEE COPPER COMPANY AND THE DvuCKTOWN SULPHUR, COPPER AND IRON Tur STATE OF GEORGIA, BY ITS ATTORNEY- | CoMPANY (LIMITED), Detfenaants. Unrrep States oF AMERICA—District of Columbia. Personally appeared J. K. Haywood who, being duly sworn in the above-styled and numbered cause, deposes and says: Deponet is a chemist by profession, and is now Chief of the Miscellaneous Laboratory, Bureau of Chemistry, of the United States Department of Agriculture. Deponent, in his official capacity, and under the direction of the Bureau of Chemistry, made, in the summer of 1905, for said Bureau, at the request of the Bureau of Forestry, an in- vestigation of the territory in and around Ducktown, Tennes- see, for the purpose of determining for said departments whether or not the fumes of the copper plants in that vicinity were injurious to timber and vegetation, and if so, the extent of same. The result of this investigation deponent has here- tofore incorporated in an affidavit in the above-styled cause. 10 Deponent, in his said official capacity, and at the instance of said Bureau, was again, to wit, in September, 1906, ordered to investigate said territory, with special reference to that within the State of Georgia and contiguous to the Ducktown region, to determine whether or not the injury to timber and vegeta- tion caused by the Ducktown smelter fumes was greater or less in extent than it was when deponent made his examination about one year ago, when deponent was making a study of said question as heretofore stated. Not only upon deponent’s previous inspection of the terri- tory adjoining the Ducktown region, and the various tests and examinations made thereunder, but also by deponent’s exami- nation of the effects of sulphur fumes liberated by copper com- panies in Northern California and through numerous experi- ments personally conducted by deponent, has this deponent familiarized himself with the effects of sulphur dioxid upoa vegetation and timber generally, the quantity and volume nec- essary to produce injury or death, and the appearance of tim- ber, foliage and vegetation subjected to the hurtful influence of said fumes. Deponent’s second examination of said territory in Septem- ber, 1906, was confined to the counties of Fannin and Gilmer, in the State of Georgia, and was partly over territory pre- viously examined in 1905, which at said time disclosed either, but unconspicuous or no damage from sulphur fumes. Beginning at Ellijay, Georgia, about twenty-three miles airline south of the plants of the copper companies, deponent made an examination to the westward about two miles, and upon another trip to the southwest from three to four miles. From about one mile to the westward of Ellijay, as far as this deponent examined in a westerly and a northwesterly direction, there was grave damage to timber. The damage was especially to be noted in the case of blackjacks, and to somewhat less ex- tent of black, red and Spanish oaks. The greater part of the damage had all the indications and appearance of injury by sulphur fumes, the other injury to timber being only that usu- ally incident to forests and timber growth under practically normal healthy conditions; that is to say, occasional and in- significant injury by lightning, insects and the like, and depo- 11 nent is of the opinion that practically all the damage over and above the usual conditions in said locality is attributable to the smelter fumes given off by the copper companies in the opera- tion of their plants. The region herein referred to, and subject to said harmful influence of said smelter fumes lies from about twenty-one to twenty-five miles south by west of Ducktown in an airline. Another trip was made from said first-named locality in Gilmer county to Santa Luca, thence across Boardtown creek to the southern part of Fannin county ; thence to the Louisville & Nashville Railroad, where it intersects the Gilmer and Fan- nin county lines; thence to the hamlets of Cherry Log and Whitepath, and from said points back to Ellijay, Georgia. These examinations carried deponent as far north as the south- ern line of conspicuous injury as disclosed by deponent’s said investigation of 1905. Practically all the territory included in the localities heretofore specified lay to the southward and beyond the zone of conspicuous injury as shown by deponent’s said first examination. The examination of 1906 disclosed that the zone on con- spicuous injury had greatly increased. From about a mile north of Ellijay to Santa Luca considerable damage to the forest was to be noted, especially to the blackjacks, black, red and Spanish oaks. From about one mile north of Santa Luca on across Boardtown creek, and on into the southern part of Fannin county, to the point where the county-line crosses the railroad, very severe damage to the forest was to be noted. Here not only were the blackjack oak, black, red and Spanish oaks injured and discolored, but short-leaf and scrub pines, which are fairly resistent to fumes, were also injured and dis- colored. Throughout this whole region just named, the white pines were very badly damaged. From the point mentioned in the previous paragraph on down to Whitepath, the damage was just about as severe, and the same classes of trees were damaged as described in the preceding paragraph. From Whitepath on to Turniptown creek there is still damage to the foliage, but not so great as was observed north of Whitepath. South of Turniptown creek the damage is not so great or so continuous as in the other 12 localities heretofore noted, but occasional damage is observed in this direction on down to Ellijay. The damage is, of course, not equally distributed in all directions at equal dis- tances from the furnaces. The topography of the country has considerable bearing upon the injury, as a locality sheltered hy mountain barriers may be practically immune, when another neighborhood at a greater distance not so sheltered, or adjoin- ing to a stream or valley lands opening into the Ducktown ba- sin may suffer severely. Deponent is of the opinion that the severe damage that is to be noted this summer (1906) down to Whitepath on one han‘! and a mile north of Santa Luca on the other hand, is just as severe as the damage noted one year ago, about one mile north of Blue Ridge, Georgia, which points are from about eight to eleven miles farther south. Deponent is also of the opinion that the damage noted this summer (1906) west and southwest of Ellijay is almost as great as the damage noted one year ago in the region almost southwest of Blue Ridge in the southern portion of -Fannin county, Georgia, from fifteen to eighteen miles further north. From deponent’s investigations and examinations, deponent is of the opinion that the far greater portion of the damage hereinbefore noted is attributable solely to the sulphur fumes of the copper companies near Ducktown; that is to say, that practically all the damage is attributable to said fumes, other than the usual and normal injury to be found in average healthy forests similarly situated from occasional and com- paratively insignificant insect injury, lightning and the like. Deponent is further of the opinion that the area of the sme!- ter fumes has greatly increased during the present summer over what is was one year ago. J. K. Haywoop. Sworn to and subscribed before me, this 17th day of Sep- tember, 1906. Leon M. EsraBrook, Notary Public, District of Columbia. ——______f — 13 EXTRACTS FROM BULLETIN 89, U. S. DEPART- MENT OF AGRICULTURE, BUREAU OF CHEM- ISTRY—TOPIC: “INJURY TO VEG- ETATION BY SMELTER FUMES.” Nov. 15th, ‘04. Beinc Reports OF EXAMINATIONS BY THE DEPARTMENT OF CHEMISTRY OF THE EFFECT OF SULPHUR D1oxip Upon PLANT LIFE AND THE INSPECTION OF IN- JURIES OCCASIONED BY A SINGLE CoprER PLANT IN SHASTA County, CALIFORNIA. “The investigation described in this bulletin was undertaken at the request of the United States Department of Justice in consequence of a suit brought by the United States against the Mountain Copper Company (Limited), a corporation oper- ating a large copper-smelting plant situated near Redding, Shasta County, Cal. The investigation was made to show whether or not the fumes from this plant are injurious to veg- etation, and, if such injury exists, over how large an area it extends. While the company is willing to acknowledge dam- age over a certain limited area surrounding the plant it was thought by the plaintiff in the case that this damage extended over a much larger area than was acknowledged by the de- fendant. “The writer was detailed to inspect the disputed area and take such samples for chemical analysis as might appear to be necessary. It was constantly borne in mind during this inves- tigation that for a certain distance injury to vegetation was acknowledged, so that the taking of samples in this area was unnecessary. Consequently all samples of vegetation were taken either on the extreme edge or outside of the area of ac- knowledged damage, which, when plotted on the map, shows itself in the form of an irregular ellipse surrounding the smel- ter and extending about 3 miles north, 2!%4 miles south, 1 mile east and 3 1miles west. 14 “The smelter is situated in a narrow valley, or what might almost be termed a cut between the mountains. Its highest chimneys are far below the level of the surrounding land. In ~ anortherly and westerly direction other narrow gulches branch off from this main one, so that the fumes have a tendency to keep togetlier and drift for long distances in these natura] chimneys. In a southerly direction the fumes, after drifting over one high hill, have an uninterrupted sweep down the valley of the Sacramento. In an easterly direction the fumes pass, in the main, down the valley of a small stream and finally find outlet at the river, where they have a nearly uninterrupted sweep in both a southerly and an easterly direction. “Immediately surrounding the smelting works practically all vegetation was entirely dead. Nothing was left of the trees but the barkless trunks, and no green grass was to be seen. In a northerly direction, as far as Copley (about 3% miles), it was noted that large numbers of trees were either dead or dying, this being especially true of pines. Even for a mile and more beyond Copley numbers of the trees were dead, and others though living did not appear to be strong and healthy. In an easterly direction and beyond the river the damage was not so great, yet even here for 2%4 to 3 miles and more the leaves of nearly all oak trees were turning brown and dying. “In a southerly direction great damage was observed to all classes of trees for about 3 miles, or to the southern road run- ning between Redding and Shasta. Still farther south, in Happy Valley (about 9 or 10 miles distant from the smelter), it was observed that large numbers of fruit trees, especially the peaches, which are very sensitive to injurious substar aac ameae Rah ae dal fo 1343 o 36 I IO ooo caccaecsantinaan asdaddcatass 6696 1.78 UM MEI iu cinsas cdenacd ésgennsyenaces se 0761 .20 ME Sak cnads CectnAdes SERAPH nc pde adden deatce Abs 1454 .38 NTL POs pad Amat isan Kemas wad cweda wit t's fees .3300 88 Credit to ore in process in roast yards. ................. 0442 At I icds cance tan ak beau wat eeee oa eeeeees 1.1437 3 o4 Engineering and i laboratory 0324 09 o_O i a rea . . 1443 38. GUE ins pata dso ds Hehe os rep re bas wena . 2692 72 eNO oso ics ce cceaddnccasnsar coves 2 y892) 7.95 ES Flic Ee dh as hates tenes wed oe cease a - 0971, 25 Cost of fine copper as ingot Pe ES ery OT 3 0863) 8 20 Notxe.—The price of copper for 1905 exceeds 19c. “The treasurer, Mr. J. H. Susmann, reports that sales weve made of 3.023.544 pounds of pig copper, at an average selling price of 12.17 cents, the approximate cost being 7.95 cents at works, 0.66 cent for freights, insurance and selling expenses, and 0.30 cent for taxes, legal, and administrative expenses, 1 total of 8.91 cents. The sales of refined copper were 9.655.545 pounds, at an average price of 12.98 cents, the approximate -— 101 costs being 8.20 cents at works and 0.96 cent as above for other costs, a total of 9.16 cents. There were inventoried at the beginning of the year 2,450,077 pounds of copper, and at the end the stock at works and on dock was 912,354 pounds. The profit and loss account shows profits aggregating $500,- 419.52, which includes $74,326.57 for royalties on iron ore mined, tolls on converting outside copper matte, and on mer- chandise, while the expenditures include $7,500 to bond-issue account, $25,000 interest on $500,000 bonds, and $50,354.52 for depreciation. The sum of $61,785.74 was expended on construction. Two dividends aggregating $437,500 were paid. The capital stock is $5,000,000, of which $625,000 is in the treasury.” “The second producer in Tennessee is the Ducktown Sul- phur, Copper and Iron Company (Limited), with a production of about 3,000,000 pounds.” (Bulletin Copper, Mineral Re- sources of U. S. for 1904, p. 217.) “The Tennessee Copper Company produced in 1905 7,977,- 9&2 pounds of copper, the enlarged smelting plant having been practically completed toward the close of the year. The com- pany is now in a position to handle 500,000 tons of ore per an- num, equivalent to a production of 18,000,000 pounds of pig copper, which it is expected will cost about 7.5 cents per pound free on board New York. During the year 1905 the cost of producing and marketing was 9.28 cents per pound. The profit for the year was $452,106, after charging $62,042 for depreciation. Out of surplus and profits, $584,103 was ex- pended for new construction, about $500,000 of this amount being devoted to the smelting plant. The ore reserves during the year were increased to 4,000,000 tons.” (Bulletin Copper, page 17, Mineral Resources of U. S. for 1905.) 102 MAP OF DUCKTOWN REGION. NF ASIN YA © | 4 isAbella MMneaNS : SS y . YY) eS | AN O.- asia slthee ks Monticello, Ga. NS oes oe Ua) Sean wa ae eRe Braselton, Ga. NN Oy. Wie A NG lg SS. cee ke Moreland, Ga. I a ita ce Coe pa re tee ee Devereaux,, Ga. PONENT SNe 5s cs 18d ich v6 ne ee ee Jackson, Ga. meeenes; Teeth GTN. ck vs kk wesc ccewscen Camilla, Ga. ge ae eee ee me errr F Albany Ga. CI ROR ac i hw eaey Washington, Ga. Chickamauga Fertilizer Works.... .... 2.2.24: Atlanta, Ga. Carmichael, J. R...... ehh Vibe MoReoe Jackson, Ga. Cop Ba Ea ik. kak, Kc ncn Swedes Newnan, Ga. REN Th, WE hi hechneas wentcase ees Flowery Branch, Ga. Canon Oil & Fertilizer Co... ccc ccc cccwncss Canon, Ga. SE er ois a cake Dados Oe eee Me Flint, Ga. “ oe ee, er x Sees ee se f % ! - =y ox Ie 3 NE a PYLE DO PENTA Ee 126 Central Oil & Fertilizer Co.... 0... cc ceceeen Cordele, Ga. NE ote. ED ae ee rey arr Owe ry Urry fer Sparta, Ga. Camp, We We se Kai besa eee ereens Moreland, Ga. aden CO Sr ks sake. Keanegwenans Shellman, Ga. is, We. Te ae WO a:5.0 0s hod aeRO Cee Buena Vista, Ga. Cartersville Fertilizer Co.... 1... ...... Cartersville, Ga. Cumberland Fertilizer Co.... .... ........ Cartersville, Ga. hk By gS ee ee er ne Millen, Ga. EE, RR ERED SOT Sy RE reser ere hot, Toccoa, Ga. Davisboro Cotton Oil & Fertilizer Co........ Davisboro, Ga. ne OS Oe MM Sse i ee ae oad etna eae Macon, Ga. EOS ie ae OS an Egan nr Eh meat? Millen, Ga. Toehtin Fertiliser VFOPKS. 0600. cs wacteweuns Dublin, Ga. APR kn “pe bacnk’ Sed kak s 24 800% Augusta, Ga. Devig Wareote GO. ou kc. wectenceeses Columbus, Ga. St ce se da pw a eae nie Macon, Ga. Pispritic Werte Gee oc ccc ccc tuess Danville, Ga. Eastman Oil & Fertilizer Co.... 2... ........ Eastman, Ga. De SOE oc enh an ve Vawneeuens Elberton, Ga. rent DA CR Ss os ee asa Seana ness Pelham, Ga. Empire State Chemacal Co...... 2.62 ce cesvecd Athens, Ga. Electric Fertilizer Works.... .... .... .... Savannah, Ga. NN SCE ged rib Wla'e eh cee 6 oe Toccoa, Ga. MR TR se sega el Eatonton, Ga. Nn I ORB sie we wkned xa vcwads Hartwell, Ga. Furman Farm Improvement Co.. .... .......04 Atlanta, Ga. Farmers’ Oil & Fertilizer Co.... ............ Lavonia, Ga. Farmers’ Oil & Guano Co.... .. ........ Sandersville, Ga. Farmers’ Cotton Oil & Fertilizer Co.... ...... Toccoa, Ga. Fairburn Oil & Fertilizer Co.... .......... Fairburn, Ga. Flowery Branch Gin & Oil Co.... .... Flowery Branch, Ga. Fort Gaines Fertilizer Co.... .... ...... Fort Gaines, Ga. Field, J. E. & Son.. chine #hka deen Bae Cartersville, Ga. Farmers’ Oil & Fertilizer Co. SPS Oe ....Dawson, Ga. papette Fertilieme Gp. oo. oe v0 oes dase as Fayetteville, Ga. Georgia Chemical Works.. .... 2. ...ececeecd Augusta, Ga. Grovania Oil & Fertilizer Co.... 2... 0.0... Grovania, Ga. IE SO aa gr he rk a Griffin, Ga. Union Point, Ga. Say aprints ~“ i 126 : Georgia Fertilizer & Oil Co.... 2.2... 2.0... Valdosta, Ga. ; ed > Columbus, Ga. : SE a a ae Bowman, Ga. ; eat ahaa we. pined we ae 660 ad Albany, Ga. ; Home Mixture Guano Co...... 6.2... 0... Columbus, Ga. : ee ee ee Covington, Ga. | SS ee err ee Pelham, Ga. i PU I sg cn as own sen vene as cece Dewey Rose, Ga : Hammock, Rish & Sons.... .... .......... Coleman, Ga. i es pats SWikee esse Hampton, Ga. ; Heard County Oil & Fertilizer Co............ Franklin, Ga. ; RE ee Middleton, Ga. a PE One on. ns 0600 Ceeeeee’ Bethlehem, Ga. 3 EE SOS OES OS ae Newborn, Ga. : PE oe ee ae Hawkinsville, Ga. 7 I Me Ciccnc ance «es Ss aedwen ss Elberton, Ga. P NE, 6 er Waynesboro, Ga. Jones & Roberts Fertilizer Works... .... ...... Macon, Ga. 3 Johnson, Brown & Co... erage sae Albany, Ga. 3 Mca winks 44d4 aces wen nt Baconton, Ga. ; Ee SEE eee Gainesville, Ga. 4 EE ee Mitchell, Ga. q a a Ee aterin sie Ratna 909 sr ns Mitchell, Ga. Killingsworth, E. Ww Peet adates ea eeC aus ws Fort Gaines, Ga. F LaGrange Mills.... I ae ea dws Hawkinsville, Ga. j Louisville Manufacturing Co Ree eek. wa aees Louisville, Ga. 5 ee a dce Kavudu danse a Mableton, Ga. ; EE Dawson, Ga. I a ee er ee Powder Springs. Ga. 4 6 ae ee Atlanta, Ga. ’ ER ea Cun ee u vabannde ves Jackson, Ga. Mitchell County Fertilizer Co.... 2... ...... Camilla, Ga. Montezuma Manufacturing Co........ 2... Montezuma, Ga. IER ne aw pa lave cucu Savannah, Ga. } ed oi Vaan wai Carrollton, Ga. I nad Geka 6 44 sacaeseaean Wrens, Ga. ice oe A ery eee ee Avalon, Ga. TO ee: aa hess ca ee Seen e eas annt Wrens, Ga. The following mills and factories outside the State of Geor- gia are registered in this department for season 1905-'06: Pe TP kk once 50as ddan xine canes Jasper, Ga. American Agricultural Chemical Co.... .... Baltimore, Md. PE SI Gian dics wee oe eaneens Norfolk, Va. Ashepoo Fertilizer Co.... 2... 2.25 ceeeee Charleston, S. C. Anderson Phosphate & Oil Co............ Anderson, S. C. LOTR LEE BE POLLS NER cae EMT A | 129 American Gaatio Co, 06. 6c ccc ce ceccen Nashville, Tenn. Alabanm Chemucal Co..:. 2... 2.00055. Montgomery, Ala. American Agricultural Chemical Co... ... New York, N. Y. WE Te EG svn. 5 seacas Skeeeeas Baltimore, Md. Birmingham Fertilizer Co.... 2.2.0.2... Birmingham, Ala. Bradley Fertilizer Co... 20650 cece cess: Charleston, S. C. PUI SI Se elk cikde eeaneewnayes Inglis, Fla. Re a se ono ooh ce br dw ek was Memphis, Tenn. Continental Fertilizer Co.... 2... ........ Nashville, Tenn. Cumberland Bone Phosphate Co.... ...... Charleston, S. C. CD Sita ae oihcke bd kav enaes Norfolk, Va. Combahee Fertilizer Co..... pois ....Charleston, S. C. Pe I Ns 2 cs cc anes 4 eda eee es Dothan, Ala. Etiwan Fertilizer Co... 2.55 cccc cease Charleston, S. C. eS, a Nashville, Tenn. Pederal Chematent Co... 6... pce ce nvaces Louisville, Ky. Florida Manufacturing Co.... 2... 2... ....Madison, Fla. Farmers’ Fertiliser Co.... .... 0.45.0. Montgomery, Ala. Gadsden Fertilizer Co.... 2... 0... ccc cceee Gadsden, Ala. Goulding Werte? Ce... ccc cck cedccuen Pensacola, Fla. Grasselli Chemical Co.... 2... 0.... 0... . Birmingham, Ala. Home Fertilizer Chemical Works. GS an ans wares Baltimore, Md. PON AN ass bac esas baba eeenn Dothan, Ala. Johnson, W. B., & Co...... ek waa eee Memphis, Tenn. Louisville Fertilizer Co.... 2... .... ....Nashville, Tenn. National Fertilizer Co.... 2... 2... 2.2... Nashville, Tenn. Nashvitie Ganmo CO... ccc cee ace neel Nashville, Tenn. ee i a a nr an Me Norfolk, Va. Ober, G., Sons & Co.... .... rea ar Pe ee Baltimore, Md. POP SNE Oe a i'd ss wa aed ohana ekus Charleston, S. C. Painter, E. O., Fertilizer Works.... ....Jacksonville, Fla. Powhattan Chemical Co.... 2... 0... 0.2... Richmond, Va. Royster, F. S., Guano Co...... Macon, Ga., and Norfolk, Va. aad PMNS CO. sik kee ce ccxeon Nashville, Tenn. Richmond Guano Co.... 2... 0... cece ee ee Richmond, Va. bk Shee Nid Rea Troy, Ala. Sree New Orleans, La. .. Jacksonville, Fla. Chattanooga, Tenn. 130 Tennessee Chemical Co...... seen wees vs Nashville, Ten Tennessee Fertilizer Co... ... ee eae Montgomery, Ala. Tennessee Fiber Co..9. .... .. .. ....,...Memphis, Tenn, Tindall, C. A. & Co.... .... .... ........Memphis, Tenn, Williams & Clark Fertilizer Co.......... Charleston, S. ¢. Wilson & Toomer Fertilizer Co...) ..... Jacksonville, Fla, es a Mae he aa os kon “se shan Memphis, ‘Tenn. T. G. Hupsoy, Commissioner of Agriculture. Swern to and subscribed before me, this ..... day of Sep- tember, 1906. W. H. Harrison, Notary Public, Fulton county, Georgia. DEPARTMENT OF COMMERCE AND Lapor, BUREAU OF THE CENSUS. WASHINGTON. June 12, 1906. CENSUS MANUFACTURES. FERTILIZERS. (Preliminary Summary. ) The director of the census announced to-day the result of the tabulation of the statistics of fertilizers for the calendar year 1904, forming a part of the census of manutactures of 1905, taken in conformity with the Act of Congress of March 6, “. 1902. The figures indicate that there has been a substantial **» inerease in the manufacture of fertilizers, as compared with the statistics of 1900, which covered the fiscal year ending May gist. Comparative figures for 1905 and 1g00 are shown in the following summary : | PER CENT. 1905 1900 | oF | INCREASE Number of Establishments...... .. 400 422] 5.2 (1) ere roe eee ,023,26 60,68 Salaried Officials, Clerks, Etc., p Saeegenee te “ard — RwRROGRRTESI SMA SES Ase 1,618 1,712, 5 (1) EER ore eee COREE SS 1,940,712 : Wage Earners, tomate: iain 972 87 (3) ROE TNO 5.5.5 oi Siines 35 taa'we 14,201 11,581 22.6 seeathenatin Expenses. Petree he if pp "3241 ig ea oe ee era, | 19,52 9734 ‘ Materials Used, ; ey gre ili Total Cost ..... eke lexcens Eas). ,343,91 28,958 R.A, $ 39,343,914 $ 28,95 0473, 35.9 Aggregate Value.......... ....(3)|$ 56,632,8 6 3 Agerceete (3) $ 56,632,853 $ 44,657, 385, 26.8 _ Total Value. eres $ 50,506,291 $ 40,51 5,66". 135 No. 5 ORIGINAL. In the Supreme Court of the United States. ; OCTOBER TERM, 1906. THE STATE OF GEORGIA, BY ITS ATTORNEY- GENERAL, JOHN C. Hart, Plaintifs, VS. . In Equity. THE TENNESSEE COPPER COMPANY AND THE DuCKTOWN SULPHUR, COPPER AND IRON CoMPANY (LIMITED), Derenaants. Stare or GEorGiA—County of Fulton. Personally appeared A. A. Smith who, being duly sworn in the above-entitled cause, deposes and says: Deponent is a resident of said State and county, and is en- gaged in business in the city of Atlanta therein as a dealer in fertilizer supplies and materials, including sulphuric acid, and is familiar with the market value of the same. That the most recent quotations fixing the market value of sulphuric acid in tank cars at not less than carload lots, f. 0. b. cars in the city of Atlanta is $10.40, and that said sum of $10.40 per ton is the approximate market value of said sul- phuric acid. x A. A. SMITH, Sworn to and subscribed before me, this 25th day of Sep- tember, 1906. Harvey Hi, Notary Public, Fulton county, Georgia. eres Sailnet errr 136 No. 5 ORIGINAL. In the Supreme Court of the United States. OCTOBER TERM, 1906. THE STATE OF GEORGIA, BY ITS ATTORNEY- GENERAL, JOHN C. HART, Plaintt/t, vs. ha i In Equity. THE TENNESSEE COPPER COMPANY AND THE DUCKTOWN SULPHUR, COPPER AND IRON CoMPANY (LIMITED), Defendants. STATE oF GeorGIA—County of Fulton. Personally appeared before the undersigned authority John M. McCandless who, being duly sworn, deposes and says: Deponent is a chemist by profession and has been for the past twenty years, and is now Chemist for the State of Geor- gia, which office deponent has held for eight years. Deponent has read the supplemental affidavit of J. Parke Channing, president of the Tennessee Copper Company, in which the maximum capacity of the present furnaces of said Tennessee Copper Company is declared to be 1,800 tons of ore per day, and that such ore will not carry in excess of 30 per cent. of sulphur. jased upon the maximum capacity of said plant and upon the entire sulphur contents of said ore being converted into sulphur dioxid and also upon the whole of said sulphur dioxid being converted into sulphuric acid, the maximum ca- pacity of the plant for the production of sulphuric acid would be, theoretically, 603,618.75 tons of chemically pure (H, 5O,) sulphuric acid per annum. These figures converted into weak POOPIE REL IL 137 acid, usually produced in chambers, would be equal to 965,687 tons of what is known as 50° Beaume acid, or chamber acid. These figures, however, represent the theoretical production and presuppose that every ounce of sulphur is burned and con- verted without loss into H, SO, or monohydrated sulphuric acid or its equivalent in 50° sulphuric acid. In practice, as a matter of fact, this production would not be attained; Lunge (page 759) gives as a result of the best practice of a number of the best French and German works a yield of 270 of pure sulphuric acid on 100 of sulphur charged. On this basis, in practice, using 1,800 tons of 30 per cent. ore daily the annual production would be 532,170 tons of chemically pure sulphuric acid, or 851,206 tons of 50° or chamber acid. Jno. M. McCANpDLeEss. Sworn to and subseribed before me, this 7th day of Sep- tember, 1go6. Gro. A. T. STEVENS, Notary Public, Fulton county, Georgia. 138 AFFIDAVIT OF J. W. ABERCROMBIE. No. 5 ORIGINAL. In the Supreme Court of the United States, OCTOBER TERM, 1906. THE STATE OF GEORGIA, BY ITS ATTORNEY- GENERAL, Joun C. Hart, Plaintiff, VS. P In Equity. THE TENNESSEE CoppeR COMPANY AND THE DUCKTOWN SuLPHUR, CopPpER AND IRON Company (LiMiTED), Desenaants. STATE OF GEORGIA, Fannin County. Personally appeared, J. W. Abercrombie, who, being duly sworn in the above-styled and numbered cause, deposes and says: Deponent is a resident citizen and land owner in said State and county, and farmer, residing two miles N. Morganton. During the past two or three years great quantities of tim- ber have been killed within the locality in which deponent re- sides, crops and orchards have failed, notwithstanding weather conditions have been favorable, and gardens have been greatly injured and frequently ruined. The sulphur fumes generated by the copper plants at and near Ducktown, Tennessee, are frequently noticeable in said vicinity. Not only is the presence of said fumes distinguishable by their unpleasant odor, but often to the eye, the smoke and fumes having the appearance of a haze or vapor. 77 The death of the timber and the general ruin of the crops, orchards and gardens have occurred only since the fumes from the copper works made their appearance in the locality wherein deponent resides. Deponent’s crop of cabbage was a failure, tomatoes and po- tatoes were very sorry, fodder was badly damaged—searcely a fourth crop raised. Deponent does not grow small grain, the same will not mature, but is light and chaffy. Timber in my swection is badly damaged, worse this year than ever before. De- ponent’ s orchard was almost a failure, and was also almost a total failure all over this section of the country. J. W. ABERCROMBIE. Sworn to and subseribed before me, this 17th day of Novem- ber, 1905. J. W. ALLEN, J. P. Fannin County, Ga. PLOT NY OEE OT AERO AT he er SERIE ARSE Vere 78 AFFIDAVIT OF J. W. ALLEN, No. 18. ORIGINAL. In the Supreme Court of the United States, OCTOBER TERM, 1905. Tue State or Groraia, BY ITS ATTORNEY- GENERAL, JouHN C. Hart, Plaintiff. vs. In Equity. THE TeNNessEE Copper CoMPANY AND THE Ducktuwn Sutpuur, CoprpeER AND Iron Company (LimiTeb), Defendants. Srate or Grorata, Fannin County. Personally appeared, J. W. Allen, who, being duly sworn in the abowe-styled cause, deposes and says: Dejonent is a resident of Fannin County, Georgia, near the town of Morganton, and has a farm upon Star Creek, in said county. Deponent has often noticed sulphur fumes during the past two years in said locality, and since said sulphur fumes became noticeable a great amount of timber has died, erops have been very peor and orchards and gardens a failure. During the past sprin g and summer tomatoes and cabbage could not be erown by deponent upon his said place. On one occasion, immediately after deponent had uncovered a bed of young cabbage sprouts, the sulphur fumes were quite noticeable and upon the following day deponent discovered that. his cabbage plants had turned White as though they had experienced a severe frost. The plants were all destroyed. q te — 14 79 | If the injury from the fumes continues to progress in the future as rapidly as in the past, it will be but a short time before the section of country surrounding deponent’s property will be wholly devastated and property values destroyed. J. W. ALLEN. Sworn to and subscribed before me, this 18th day of Novem- ber, 1905. G. D. NIXON, N. P. and J. P., Notary Public Fannin County, Georgia. AFFIDAVIT OF J. L. ANDERSON. . No. 18. ORIGINAL. In the Supreme Court of the United States, OCTOBER TERM, 1905. Tue State oF GeorGIA, BY ITS ATTORNEY- GENERAL, JoHN C. Hart, Plaintiff. vs, a hem In Equity. Tue TeNNeEsSEE Copper CoMPANY AND THE Ducktown SuLpuur, Copper AND Iron Company (LiMiTED), Defendants. STate OF GEORGIA, Fannin County. Personally appeared, J. L. Anderson, who, being duly sworn in the above-styled cause, deposes and says: 80 The deponent is a resident, citizen and property owner of Fannin County, Georgia, and has a farm in said couty about one mile from Hot House post-office, at which place deponent has resided for the past eight years. The sulphur fumes gener- ated by the copper plants just across the Tennessee line from Fannin county are frequently in evidence in said locality, and since said fumes have made their appearance, great quantities of timber have died, and crops,orehards and gardens have failed. A large percentage of the inhabitants of said region are farm- ers, depending upon the products of their farms for sustenance, and if said fumes continue, the farmers in said locality can no longer earn their livelihood from their farms. The injury is growing each year, that of the past season being much greater than the injury of the preceding year. J. L. ANDERSON. Sworn to and subscribed before me, this 18th day of Novem- ber, 1905. FRED FORRESTER, Notary Public Fannin County, Ga. 81 AFFIDAVIT OF JOHN W. ANDERSON. No. 18. ORIGINAL. In the Supreme Court of the United States, OCTOBER TERM, 1905. THE STATE OF GEORGIA, BY ITS ATTORNEY- GENERAL, Joun C. Hart, Plaintiff. vs. In Equity. THe TENNESSEE CopPpER CoMPANY AND THE DucktowN SvuLpHur, CopPpER AND IRON Company (LIMITED), Defendants, , Srate or GEORGIA, Fannin County. Personally appeared, John W. Anderson, who, being duly” sworn in the above-stvled cause, deposes and savs: Deponent is a citizen, resident and property-owner of Fannin county, Georgia, in which county he has lived for the past fifty vears. Deponent is a farmer, and has a farm about four miles distant from the town of Mineral Bluff. Up to the time the Tennessee and Ducktown Copper Com- panies began operating extensively and producing large quanti- ties of sulphur gases, the locality in which deponent resides was good farming country and the soil was quite productive. Two crops a year were raised, that growing through the winter being of course of the small grain variety. Sinee the sulphur fumes, however, have become prevalent, not only have enormous quan- tities of timber been killed, but orchards have been injured and destroved, fruit crops ruined, gardens become unproductive, and erops generally have failed to some extent. The fumes in said 6br ude * 2 Shawne 4 SiR ates aiat eis, Tadic Me Bisco seaeag > te. > 82 locality are often strong enough to be disagreeable. Many trees are destroyed along the roadside, thereby rendering passage over the roads not only dangerous, but frequently very dithcult by reason of the roadways being blocked or interfered with. JOHN W. ANDERSON. Interlined before signing. J.B. M’NELLY, N. P. Sworn to and subseribed before me this 18th day of Novem- ber, 1905. J. ¥. M’NELLY, Notary Publie Fannin County, Ga. Pv 7? AFFIDAVIT OF B. C. ARP. No. 13. ORIGINAL. In the Supreme Court of the United States, OCTOBER TERM, 1905. Tue Strate or GeorGia, BY ITS ATTORNEY- GENERAL, JouN C, Hart, Plaintiff. vs. In Equity. THe TENNESSEK CopPpER COMPANY AND THE Duckxtouwn SuLpHur, CopPpER AND IRON Company (LIMITED), Defendants. Srate oF GEorGIA, Fannin County. Personally appeared B. C. Arp, who being duly sworn in et 83 che above styled and numbered cause, deposes and says: Deponent is a resident citizen and land owner in said State and county, and his occupation is that of a farmer, his farm is located three miles north of Blue Ridge, Ga. During the past two or three years great quantities of tim- ber have been killed within the locality in which deponent resides, crops and orchards have failed, notwithstanding weather conditions have been favorable, and gardens have been greatly injured and frequently ruined, The sulphur fumes generated by the copper plants at and near Ducktown, Tennessee, are frequently noticeable in said vicinity. Not only is the presence of said fumes distinguish- able by their unpleasant odor, but often to the eye, the smoke and fumes having the appearance of a haze or vapor. The death of the timber and the general ruin of the crops, orchards and gardens have occurred only since the fumes from the copper works made their appearance in the locality wherein deponent. resides. Garden was killed by said fumes in a single night during the month of August, 1905. Deponent’s garden and pea crop was in a flourishing condition, but after the night in which the smoke settled down in said locality was noticeably strong. Said garden and pea crop were whitened and withered, and had the appearance of having suffered a very heavy frost and in conse- quence of such injury were utterly ruined. B. C. ARP. Sworn to and subseribed before me, this 18th day of Novem- ber, 1905. WILLIAM BUTT, Notary Public Fannin County, Georgia. _ As Sug Per | a te ED. ets BAL a 8 CP he Sa soak alia, aN ae Heanor tesa Da yt be 84 AFFIDAVIT OF J. R. BALLOU. No. 13. ORIGINAL. In the Supreme Court of the United States, OCTOBER TERM, 1905. THE StaTe oF GEORGIA, BY ITS ATTORNEY- GENERAL, JOHN C. Hart, Plaintiff. v8. In Equity. THE TENNESSEE CoprpER COMPANY AND THE Ducktown SuLpHur, CoppeER AND [RON Company (LiMiTED), Defendants. STATE OF GEORGIA, Fannin County. Personally appeared, J. R. Ballou, who, being duly sworn in the above-styled cause, deposes and says: Deponent is a citizen, resident and land owner of Fannin county, Georgia, in which county deponent has lived for the past forty-three years. Deponent is a farmer, his farm being loeated on ILfothouse Creek, about one mile south of Hothouse post-office. The fumes produced by the copper companies at and near Duektown, Tennessee, are often present in deponent’s locality, and frequently are strong enough toe unpleasantly affect many persons, such fumes producing a dittculty in breathing, an irri- tation in the throat, and sometimes severe coughing spells. Since said fumes became noticeable in said loeality, great amounts of timber have died; crops have utterly failed, and orchards and gardens have been rendered well-nigh worthless. This is true not only with corn, peas and melons, but also of winter-growing erops, such as wheat, rve and barley. 85 The injury in the past season has been very great. Depo nent’s property is fitted for nothing else than farming, and de ponent is depentent upon said farm for his livelihood. Depo- ent, for a winter-growing crop, has sowed rye upon said farm, bmt same is already injured by the sulphur fumes, and if said crop is subjected to the fumes throughout the winter, said crop will be greatly injured, if not wholly destroyed. J. R. BALLOU. Sworn to and subseribed before me, this 18th day of Novem- ber, 1905. FRED FORRESTER, Notary Public Fannin County, Ga. AFFIDAVIT OF D. R. BALLEW. No. 18. ORIGINAL. In the Supreme Court of the United States, OCTOBER TERM, 1905. Tue StaTE oF GEORGIA, BY ITS ATTORNEY- GENERAL, JoHN C. Hart, Plaintiff. v8. In Equity. THE TENNESSEE CopPpER CoMPANY AND THE DuckTtuwn SuLpHur, CoPPER AND Iron Company (LiMiTED), Defendanis. Srate or GrEoreia, Fannin County. Personally appeared D. R. Ballew, who being duly sworn in - o Pate oo atest = | Bie opines MOS COS b * we) | oe ‘Siete 86 the above-styled and numbered cause, deposes and says: Deponent is a resident citizen and land owner in said State and county, and is a farmer by occupation, his farm being located three miles north of Blue Ridge, Ga. During the past two or three years great quantities of tim- ber have been killed within the locality in which deponent resides, crops and orchards have failed, notwithstanding weather conditions have been favorable, and gardens have been greatly ingured and fhequently ruined, The sulphur fumes generated by the copper plants at and near Ducktown, Tennessee, are frequently noticeable in said vicinity. Not only is the presence of said fumes distinguish- able by their unpleasant odor, but often to the eye, the smoke and fumes having the appearance of a haze or vapor. The death of the timber and the general ruin of the crops, orchards and gardens have occurred only since the fumes from the copper works miade their appearance in the locality wherein deponent resides. Deponent is a road commissioner of said county, whose duty it is as such to see to the safety and well keeping of the public roads within his territory. The timber destroyed, as heretofore set forth, often stands along the roadside and menaces the safety of and free passage over said roads, and it is necessary to have road hands or rather persons continually wateh for and eut out such dead and dying timber to keep the roads open and prevent injury to persons passing thereon. D. R. BALLEW. Sworn to and subscribed before me, this 18th day of Novem- ber, 1905. J. R. CHASTAIN, United States Commissioner. 87 AFFIDAVIT OF W. C. BALLEW. No. 18. ORIGINAL. In the Supreme Court of the United States, OCTOBER TERM, 3905. Tue STATE OF GEORGIA, BY ITS ATTORNEY- GENERAL, Joun C. Hart, Plaintiff. vs. In Equity. THe TENNESSEE CoppER COMPANY AND THE DucktuwN SunpHur, CopPpER AND Iron CoMPANY (LIMITED), Defendants. Srarr oF GEORGIA, Fannin County. Personally appeared, W. C. Ballew, who, being duly sworn in the above-styled and numbered cause, deposes and says: Deponent is a resident citizen and land owner in said State and county. During the past two or three years great quantities of tim- ber have been killed within the locality in which deponent re- sides, crops and orchards have failed, notwithstanding weather caulitions have been favorable, and gardens have been greatly injured and frequently ruined. The sulphur fumes generated by the copper plants at and near Ducktown, Tennessee, are frequently noticeable in said vicinity. Not only is the presence of said fumes distinguish- able by their unpleasant odor, but often to the eye, the smoke and fumes having the appearance of a haze or vapor. The death of the timber and the general ruin of the crops, 150 | 88 orchards and gardens have occurred only since the fumes from the copper works made their appearance in the loeality wherein deponent resides. W. C. BALLEW. Sworn to and subscribed before me, this 20th day of Novem- ber, 1905. J. F. WNELLEY, Notary Public Fannin County, Ga. AFFIDAVIT OF J. N. BURNS. No. 18. ORIGINAL. In the Supreme Court of the United States, OCTOBER TERM, 1905. THE Strate oF GEORGIA, BY ITS ATTORNEY- GENERAL, JOHN C. Hart, Plaintiff. v8. In Equity. THe TENNESSEE CoprpER CoMPANY AND THE DuckTtouwn SutpHur, CopPpER AND Iron Company (LiMiTED), Defendants. SratTe or GEorGIA, Fannin County. Personally appeared, J. N. Burns, who, being duly sworn in the above-styled and numbered cause, deposes and says: _=~7" 89 Deponent is a resident citizen and land owner in said State and county. During the past two or three years great quantities of tim- ber have been killed within the locality in which deponent re- sides, erops and orchards have failed, notwithstanding weather conditions have been favorable, and gardens have been greatly injured and frequently ruined. The sulphur fumes generated by the copper plants at and near Ducktown, Tennessee, are frequently noticeable in said vicinity. Not only is the presence of said fumes distinguish- able by their unpleasant odor, but often to the eye, the smoke and fumes having the appearance of a haze or vapor. The death of the timber and the general ruin of the crops, orchards and gardens have occurred only since the fumes from the copper works made their appearance in the locality wherein deponent resides. J. N. BURNS. Sworn to and subseribed before me, this 20th day of Novem- ber, 1905. J. F. M’NELLEY, Notary Public Fannin County, Ga. ; * % I * ‘ 4 P piss reside a ee eT ee ay SMa bea IR te Secs Been: \ seated g° AFFIDAVIT OF A. J. BELL. No. 18. ORIGINAL. In the Supreme Court of the United States, OCTOBER TERM, 1905. Tue State or GEorGIA, BY ITS ATTORNEY- GENERAL, Joun C. Hart, Plaintiff. v8. In Equity. Tue TeNNesSEE Copper CoMPANY AND TH Ducktown SuLpHur, CoPpPER AND Iron Company (LiMiTED), Defendants. Strate or Georaia, Fannin County. Personally appeared, A. J. Bell, who, being duly sworn in the above-styled cause, deposes and says: Deponent is a resident of North Carolina near the boundary line, between the said State and the State of Georgia, and is the owner of a farm in Georgia on Hothouse Creek, as well as prop- erty in North Carolina, in the neighborhood of Wolfe Creek. The sulphur fumes generated by the copper companies at and near Ducktown and McCays, Tennessee, are often in evidence both upon deponent’s place in North Carolina and that in Geor- gia, and much timber upon both places have been killed, and the crops badly injured since said fumes became noticeable in said localities. Practically no small grain, or winter-growing crops can be raised, and oats, wheat, corn, barley and rye have been practically non-productive since said fumes became prevalent. Up to the time said fumes were diffused over said territory 9: , the farms were fertile, producing two crops a year ; that is, such: crops a3 corn, melons, peas, sorghum cane, and the like, for the summer season, and oats, wheat, rye and other winter-growing crops for the other season. Both crops are severely in jured and have been failures since said fumes became noticeable. The dead and dying trees along the roadside throughout portions of Fannin county and, as a matter of fact, in North Carolina, often menace the safety of the travelers upon such reads, and in addition frequently block or interfere with passage over said roadways by falling across or upon the same. A. J. BELL. Sworn to and subseribed before me, this 18th day of Novem- ber, 1905. FRED FORRESTER, Notary Public Fannin County, Ga. be Ne’ f Binion: RAPE ASIST iinet AFFIDAVIT OF JAS. A. BRUCE. No. 138. ORIGINAL. In the Supreme Court of the United States, OCTOBER TERM, 1905. ‘THE Strate or GEORGIA, BY ITS ATTORNEY- GENERAL, JOHN C, Hart, Plaintiff. v8. In Equity. THE TENNESSEE CopPpeR COMPANY AND THE Ducktuwn SuL_pHur, Copper AND Iron CoMPANY (LIMITED), Defendants. SratTE oF GeEorGia, Fannin County. Personally appeared James A. Bruce, who being duly sworn in the above-styled and numbered cause, deposes and says: Deponent is a resident citizen and land owner in said State and county, and I am a farmer living on the waters of Hemp- town, in the eastern part of county. During the past two or three years great quantities of tim- ber have been killed within the locality in which deponent resides, crops and orchards have failed, notwithstanding weather conditions have been favorable, and gardens have been greatly injured and frequently ruined. The sulphur fumes generated by the copper plants at and near Ducktown, Tennessee, are frequently noticeable in said vicinity. Not only is the presence of said fumes distinguish- able by their unpleasant odor, but often to the eye, the smoke and fumes having the appearance of a haze or vapor. The death of the timber and the general ruin of the crops, wa “ge w— 93 occurred only sinee the fumes from pearance in the locality wherein: from the northwest any is damaged orchards and gardens have the copper works made their ap deponent resides, and when the air is ‘ndividual who suffers from catarrh, in my opinion, to some extent. JAS. A. BRUCE. Sworn to and subscribed before me, this day of Novem- ber, 1905. G. D. NIXON, N. P., J. P., Fannin County, Georgia. : AFFIDAVIT OF J. M. CARTER. No. 13. ORIGINAL. In the Supreme Court of the United States, OCTOBER TERM, 1905. THe STATE OF GEORGIA, BY ITS ATTORNEY- GENERAL, Joun C. Harr, Plaintiff. v8. In Equity. Ture TENNESSEE CoppER CoMPANY AND THE DuckrowN SuLpHuR, CoprpER AND Iron Company (LIMITED), Defendants. Spare oF GEORGIA, Fannin County. Personally appeared, J the above-styled and numbered cause, deposes and says: M. Carter, who, being duly sworn in . fuss fet let nda ees Lain SA ait a RR Met an vont Biittisicctsrniine Bias sitet, 94 Deponent is a resident citizen and land owner in said State and county, and is a farmer, Star Creek, one and a half miles east of Morganton. During the past two or three years great quantities of tim- ber have been killed within the loeality in which deponent re- sides, crops and orchards have failed, notwithstanding weather conditions have been favorable, and gardens have been greatly injured and frequently ruined. The sulphur fumes generated by the copper plants at and near Ducktown, Tennessee, are frequently noticeable in said vicinity. Not only is the presence of said fumes distinguish- able by their unpleasant odor, but often to the eve, the smoke and fumes having the appearance of a haze or vapor. The death of the timber and the general ruin of the crops, orchards and gardens have oeeurred only since the fumes from the copper works made their appearance in the locality wherein deponent resides. Deponent has often noticed sulphur fumes during the past two years in said locality, and since said sulphur fumes became noticeable a great amount of timber has died, crops have been very poor, and orchards and gardens a failure. During the past spring and summer tomatoes and cabbage could not be grown by deponent upon his said place. If the injuries from the fumes continue to progress in the future as rapidly as in the past, it will be but a short time before the section of country will le wholly devastated and property values destroyed. J. M. CARTER. Sworn to and subseribed before me, this 17th day of Novem- ber, 1905. J. W. ALLEN, J. P. Fannin County, Ga. 95 AFFIDAVIT OF A. J. CAYLOR. No. 18. ORIGINAL. In the Supreme Court of the United States, OCTOBER TERM, 1905. Tue STATE OF GEORGIA, BY ITS ATTORNEY- GENERAL, Joun C. Hart, Plaintiff. vs. In Equity. Tue TENNESSEE Copper COMPANY AND THE DucktowN SuLpHuR, CopPpER AND IRON Company (LiMiTED), Defendants. Srate OF GEORGIA, Fannin County. Personally appeared, A. J. Caylor, who, being duly sworn in the abovestyled and numbered cause, deposes and says: Deponent is a resident citizen and land owner in said State and county, and has a farm loeated about five miles from Min- eral Bluff. During the past two or three years great quantities of tim- ber hiave been killed within the locality in which deponent re sides, crops and orchards have failed, notwithstanding weather conditions have been favorable, and gardens have been greatly injured and frequently ruined. The sulphur fumes generated by the copper plants at and near Ducktown, Tennessee, are frequently noticeable in said vicinity. Not only is the presence of said fumes dist inguish- able by their unpleasant. odor, but often to the eye, the smoke and fumes having the appearance of a haze or vapor. The death of the timber and the general ruin of the crops, oaks aaa | ee eee aes aeee Sibir iris NAR PRES CE Cate A ane SR RRL ORR tats Sea bse PR CA PR ne ea oe a Sheeny Lah e REEMA PRD Bieeesivcctcon ats ee ‘ee | a al aw 96 orchards and gardens have occurred only since the fumes from the copper works made their appearance in the locality wherein deponent resides. his A. J. X CAYLOR. mark. Sworn to and subscribed before me, this 18th day of Novem- ber, 1905. FRED FORRESTER, Notary Public Fannin County, Ga. AFFIDAVIT OF D. J. CHANCE. No. 18. ORIGINAL. In the Supreme Court of the United States, OCTOBER TERM, 1905. THE Strate oF GEORGIA, BY ITS ATTORNEY- GENERAL, Joun C. Hart, Plaintiff. v8. In Equity. Tue TENNESSEE CopPpeER CoMPANY AND THE Ducktown SvuLpHur, CopPpER AND [Ron Company (LIMITED), Defendants. Stare or Gerona, Fannin County. ' . Personally appeared, D. J. Chanee, who, being duly sworn in the above-styled and mumbered cause, deposes and says: 139 97 Deponent is a resident citizen and land owner in said State and county, and is a farmer, being located on Hemptown Creek, ten miles east of Blue Ridge, and twenty miles southeast of Isabella, Tenn. During the past two or three years great quantities of tim- ber have been killed within the locality in which deponent re- sides, crops and orchards have failed, notwithstanding weather conditions have been favorable, and gardens have been greatly injured and frequently ruined. The sulphur fumes generated by the copper plants at and near Ducktown, Tennessee, are frequently noticeable in said vicinity. Not only is the presence of said fumes distinguish- able by their unpleasant odor, but often to the eye, the smoke and fumes having the appearance of a haze or vapor. The death of the timber and the general ruin of the crope, orchards and gardens have occurred only since the fumes from the copper works made their appearance in the locality wherein deponent resides. ' The smoke is injurious to the vegetation generally; fodder was practically rotten three weeks before ripe. Fruit crops are almost a failure and the timber is greatly damaged, already a large portion is dead. Wheat crop was damaged. I have seen the bean and pea vines killed by said fumes. Also, I believe said fumes does injury to the health of the people. D. J. CHANCE, Sworn to and subseribed before me, this 20th day of Novem- ber, 1905. JAS. A. BRUCE, J. P. Fannin County, Ga. Tbr re od ¢ | oO Le 98 AFFIDAVIT OF E. J. CHASTAIN, TAX-COLLECTOR GILMER COUNTY. No. 18. ORIGINAL. i ; 4 In the Supreme Court of the United States, OCTOBER TERM, 1905. Tue StaTeE oF GEORGIA, BY ITS ATTORNEY- GENERAL, JoHN C. Hart, Plaintiff. vs. kW NLP ae De SG. ta SLR Ne AIS AEN In Equity. THe TENNESSEE CoprpER CoMPANY AND THE DucktowN SvuLtpHur, CopPpER AND [RON Company (LiMiTED), Defendants. State oF Groreta, County of Gilmer. Personally appeared, E. J. Chastain, who, being duly sworn in the above styled cause, deposes and says: Deponent is a resident of Gilmer county, Georgia, and has been for the past thirty-two vears, and is at present Tax-Col- lector of said county, which office he has held for two terms. Deponent is now serving his third year in said eapacity. The duties and rules of the office of Tax-Collector require that he travel throughout the entire county, through its sev- eral precincts three times a year, the taxes being paid to depo nent upon said trips, and not as is customary in more populous counties, merely at the office of the Tax-collector at the county seat. , 5g Be Sh in cB gO DAA eh A NIE ENEMIES PEATE TED LD Mie adh EIRCLE 1 grnad 2 Deponent has notieed during the said trips the great destrue- : tion of timber. This is especially true of such trees as hickory, : chestnut oak and chestnut, but the entire forest appears to be 4 3 “ig BS wv, 99 more or less injured. The destruction of this timber has un- doubtedly resulted in a considerable property loss to Gilmer euunty and her citizens. The roads in many sections are to a degree rendered unsafe by the dead timber, and often the roads are blocked by fallen dead trees. In fact, in some localities the safety over and free passage upon the roads are preserved only by cutting away the dead trees along the roadside, of which there are at times large numbers. On the last trip of deponent, a major portion of the present week, the same being through the Ducktown section, or eastern portion of Gilmer county, the dead timber along some of the roads was being cut out, of which there was quite a large amount. A portion of one of the main roads in particular, where the dead trees were most in evidence, was quite steep and rendered dangerous not only by the possibility of fallen trees, but also by the fact that should said trees fall across said road- way, they would, in addition, afford dangerous barriers, par- ticularly to those travelers who might use the road at night. This danger was removed only by cutting and destroying such dead trees. FE. J. CHASTAIN. Sworn to and subseribed before me this 10th day of Novem- ber, 1905. E. BUFFINGTON, Notary Publie of Gilmer County, Georgia. Sy Feel ab Rae RE Nr IE ween Per ne ane 4 : 3 i ~ 4 $ 3 100 AFFIDAVIT OF J. D. CHASTAIN. No. 18. ORIGINAL. In the Supreme Court of the United States, OCTOBER TERM, 1905. THE State OF GEORGIA, BY ITS ATTORNEY- GENERAL, Joun C. Hart, Plaintiff. vs. In Equity. THE TENNESSEE CoppeR CoMPANY AND THE Ducktown SuLpHur, CoprpER AND Iron Company (LiMiTED), Defendants. SraTE oF GEORGIA, Fannin County. Personally appeared J. D. Chastain, who being duly sworn in the above-styled and numbered cause, deposes and says: Deponent is a resident citizen and land owner in said State and county, and is a farmer, and has a farm located three miles from Blue Ridge. During the past two or three years great quantities of tim- ber have been killed within the loeality in which deponent resides, crops and orchards have failed, notwithstanding weather conditions have been favorable, and gardens have been greatly injured and frequently ruined. The sulphur fumes generated by the copper plants at and near Ducktown, Tennessee, are frequently noticeable in said vicinity. Not only is the presence of said fumes distinguish- able by their unpleasant odor, but often to the eve, the smoke and fumes having the appearance of a haze or vapor. _— Iol The death of the timber and the general injury to the crops, orchards and gardens have occurred only since the fumes from the copper works made their appearance in the locality wherein deponent resides. J. D. CHASTAIN. Sworn to and subscribed before me, this 18th day of Novem- ber, 1905. FRED FORRESTER, Notary Public Fannin County, Georgia. AFFIDAVIT OF J. R. CHASTINE. No. 18. ORIGINAL. In the Supreme Court of the United States, OCTOBER TERM, 1905. THE SraTe oF GEORGIA, BY ITS ATTORNEY- GENERAL, JOHN C, Hart, Plaintiff. vs. In Equity. THE TENNESSEE CopPpER COMPANY AND THE DucktuwnN SuLPHUR, CoPPER AND Iron Company (LIMITED), Defendants, State or Grorara, Fannin County. Personally appeared, J. R. Chastine, who, being duly sworn in the above-styled cause, desposes and says: Piteaitccecnsstainesee inves. alae Fa) 102 Deponent is a resident of Fannin county, Georgia, and lives about five miles to the east of the town of Blue Ridge. Depo- nent is United States Conunissioner, but is also engaged in farming, and was a member of the legislative committee ap- pointed to investigate the damage, if any, being wrought by the fumes generated by the copper companies near Ducktown and Isabella, Tennessee. Deponent has recently gone over a considerable portion of Fannin county, and practically throughout the entire county damage has been done by said fumes. This injury is greatest along the valley and lower lying lands upon the Toccoa river and its tributaries, and other valleys and hillsides within, or opening into the depression within which the Duektown works are situated. Great quantities of timber have been killed, crops have been injured, fruit destroyed and gardens made worthless. At deponent’s residence the smoke and sulphur fumes are frequently to be found. The fumes are discernable not only through their unpleasant odor, but also to the eye, they being often thick enough to produce a haze. The fumes have already destroyed beyond hope of recovery thousands of dollars’ worth of property in Fannin county, and if allowed to continue will practically devastate a considerable portion of said county and totally destroy the value of hundreds of thousands of dollars’ worth of property in the State of Geor- gia. J. R. CHASTINE. Sworn to and subscribed before me this 17th day of Novem- ber, 1905. WILLIAM BUTT, Notary Public Fannin County, Ga. 103 AFFIDAVIT OF O. F. CHASTINE. No. 18. ORIGINAL. In the Supreme Court of the United States, OCTOBER TERM, 1905. Tue STATE OF GEORGIA, BY ITS ATTORNEY- GENERAL, Joun C. Hart, Plaintiff. vs. In Equity. Tue TENNESSEE CoprpER CoMPANY AND THE DucktowN SuLpHur, CoppeER AND Iron Company (LiMiTED), Defendants. Srare oF GEORGIA, Fannin County. te Personally appeared, O. F. Chastine, who, being duly sworn in the above-styled cause, deposes and says: Deponent is a citizen of Fannin County, Georgia, and has been for a number of years living in the town of Morganton. In the locality of deponent’s residence the fumes are often in evidence, and are strong enough to be extremely disagreeable in odor. Said fumes have not only killed deponent’s garden, but even his wife’s flowers in the yard, such flowers as sweet peas and others growing upon fragile stalks are particularly suscep- tible to the fumes. Deponent is an agent for farming implements and also for life insurance; and by reason of such agencies travels constantly throughout Fannin and the surrounding counties, and the inju- ry by said fumes is apparent over a & asiderable portion of the ee Dee a | ee ee i ee 104 territory which deponent traverses. The injury to timber js exceedingly great, and crops, orchards and gardens generally suffer exceedingly from said fumes. Small grain, such as rve, oats, wheat and the like suffer particular injury. Deponent during the past year had planted upon his place, among other things, cow-peas, sorghum cane and corn, all of which were killed or injured by the sulphur fumes. After the presence of the strong fumes deponent’s peas and sorghum cane looked as though they had experienced a severe frostbite. In consequence of the injuries from said sulphur fumes the peas and sorghum cane were wholly destroyed. Deponent’s fodder was also utter- ly ruined. The injuries from said fumes were much greater during thic past year than ever before, and if said fumes continue it will be impossible to raise farm products, not only throughout the see- tion where deponent resides, but over a considerable portion of said county. This is especially true if the fumes are to be in creased by the opening of additional smelters. Deponent further swears that he had the best stands of grass he ever saw (that he had been in the grass business for sev- eral years); that some time in June of this year, 1905, one evening deponent noticed that the sulphur fumes were partic ularly strong. The next morning deponent’s grass was burned and withered and had the appearance of having suffered a severe frost. Deponent’s grass died and was not cut at all. O. F. CHASTINE. Sworn to and subseribed before me, November 17, 1905. J. M. ALLEN, J. P., Notary Public Fannin County, Ga. 105 AFFIDAVIT OF W. K. CHASTAIN. No. 13. ORIGINAL. In the Supreme Court of the United States, OCTOBER TERM, 1905. Tue State or Georota, BY ITs ATTORNEY- GENERAL, Joun C. Hart, Plaintiff. v8. I ity. Tue Tennessee Copper Company anp Tu er Ducktown SvuutpHur, Copper anp Inon Company (Limite), Defendants. State or Groreta, Fannin County. Personally appeared W. K. Chastain, who being duly sworn in the above-styled and numbered cause, deposes and says: Deponent is a resident citizen and land owner in said State and county, and is a farmer and ‘has a farm located 512 miles from Blue Ridge. During the past two or three years great quantities of tim- ber have been killed within the locality in which deponent resides, crops and orchards have failed, notwithstanding weather conditions have been favorable, and gardens have been greatly injured and f.evvently ruined. The sulphur fumes generated by the copper plants at and near Ducktown, Tennessee, are frequently noticeable in said vicinity. Not only is the presence of said fumes distinguish- able ty their unpleasant odor, but often to the eye, the smoke and fumes having the appearance of a haze or vapor. Fn at, a bhi be POE RDI NPR DO ae TF CANE SALI ENE A ETE Biisiteticorccers EGO htetn ant 18) " 106 is The death of the timber and the general ruin of the crops, orchards and gardens have occurred only since the fumes from the copper works made their appearance in the locality wherein deponent resides. W. K. CHASTAIN. Sworn to and subseribed before me, this 18th day of Novem- ber, 1905. FRED FORRESTER, Notary Publie Fannin County, Georgia. AFFIDAVIT OF M. S. CLAYTON, COUNTY SUR- VEYOR, GILMER COUNTY. No. 18. ORIGINAL. In the Supreme Court of the United States, OCTOBER TERM, 3905. THE STATE OF GEORGIA, BY ITS ATTORNEY- GENERAL, JouN C. Hart, Plaintiff. v8. In Equity. Tue TENNESSEE CopPpER CoMPANY AND THE DucktuwN SvuLpHurR, CopPpER AND IRON Company (LIMITED), Defendants. SratTe oF GEORGIA, County of Gilmer. Personally appeared, M. S. Clayton, who, being duly sworn in the above-styled cause, deposes and says: 2 Re =_7" 107 Deponent is a resident of Gilmer county, Georgia, and is County Surveyor of said county, the duties of which office de- ponent has performed for about ten years preceding the pres- ent tame. The deponent has not only surveyed in Gilmer county, but also in the adjoining counties, the greater portion of which surveying has been for the purpose of locating land and lot lines in the timber districts in North Georgia. Deponent is fortynine years of age and has always lived in said section, and for a long time past has constantly traversed the territory embraced by Gilmer, Fannin and Murray counties. It was deponent’s custom in surveying to pay particular attention and in fact to closely observe the timber along the lines surveyed by him, and as a rule he reported the condition of such timber to the parties for whom he was making such surveys. As a matter of fact, considerable observation of the timber was ab- solutely necessary in making a survey as lot lines and boundary demarkations are effected throughout said counties as a rule by blazing, and specially marking trees, figures indicating the location of the line and number of the lot being cut in station trees. In fact, practically the only marking throughout the timbered country is by blazed and station trees, Until about three years ago the forest throughout the terri- tory surveyed by deponent appeared to be in a gene rally healthy condition, but during the latter part of 1902 many of the trees began apparently to sicken and since that time vast numbers have died. This is especially true of the hickory, chestnut oak and chestnut trees. Forest, generally, however, have been badly injured, in fact, the injury has been so great and the destrue- tion of the trees so widespread that it is almost the exception rather than a rule, when blazed or station trees are to be found. Throughout the territory heretofore specified, that is in Gil- mer, Fannin and in the northeastern portion of Murray county, sulphur fumes generated by the copper plants in the neighbor- hood of Ducktown, Tennessee, are very noticeable. This is especially true when the wind is in the north. Deponent has also observed during the past three yerrs, and WORN eer | Eerie Crue SR Haier gd taste enue ald Mae a are stir. ables 17'1) 108 especially during 1904 and 1905, that the fruit throughout the territory subject to said copper fumes has failed and through a considerable part of said country the fodder has rotted and the crops are poor. Deponent is not sufficiently familiar with the exact value of the different timber or of the full scope of the damage to fruit and farm products to state accurately the amount of proper: that has been destroyed, but it is certain from the destruction witnessed by deponent that many thousand dollars’ worth of property have been lost to the State of Georgia and her citizens in the counties of Murray, Gilmer and Fannin. M. S. CLAYTON. Sworn to and subscribed before me this ber, 1905. J. I. WEAVER, Notary Public Gilmer County, Georgia. day of Novem- ‘ —7"" 109 AFFIDAVIT OF J. E. COCHRAN. No. 138. ORIGINAL. In the Supreme Court of the United States, OCTOBER TERM, 1905. THE STATE OF GEORGIA, BY ITS ATTORNEY- GENERAL, JoHN C. Hart, Plaintiff. vs. In Equity. THE TENNESSEE CopPpER CoMPANY AND THE % P DuckTtowN SuLpHur, CoprpeER AND Iron Company (LiMiTED), Defendants. SraTe oF GEORGIA, County of Fannin. Personally appeared, J. E. Cochran, who, being duly sworn in the above-styled and numbered cause, deposes and savs: Deponent is a resident citizen and land owner in said State and county, and deponent is a farmer, his farm is about three miles from Blue Ridge, on the waters of Sugar Creek, and about eight miles from the mines. During the past two or threu years great quantities of timber have been killed within the loeality in which deponent resides. crops and orchards have failed, notwithstanding weather eon- ditions have been favorable, and gardens have been greatly in- jured and frequently ruined. The sulphur fumes generated by the copper plants at and near Ducktown, Tennessee, are frequently noticeable in said vicinity. Not only is the presence of said fumes distinguish- Ti eet FF eso) apie uk ns aR ents na } 12 s 1$ % 1 od ¥ % i ‘4 110 able by their unpleasant odor, but often to the eye, the smoke and fumes having the appearance of a haze or vapor. The death of the timber and the general ruin of the crops, orchards and gardens have oceurred only since the fumes from the copper works made their appearance in the locality wherein deponent resides. Gardens are killed in a single day or night; that during the month of July, don’t recollect the day, in this year, the smoke came to my farm and soon after it left garden vegetables and melon vines looked as though there had been a killing frost on them, and you could see the effects of it on all farm products, and in two or three days after the smoke had been there the leaves on the trees would die and in a short time fall to the ground like it was in late fall of the year. J. E. COCHRAN. Sworn to and subseribed before me, this 20th day of Novem- ber, 1905. W. J. MATTHEWS, J. V. Fannin County, Ga. Il! AFFIDAVIT OF W. R. COLE. No. 13. ORIGINAL. In the Supreme Court of the United States, OCTOBER TERM, 1905. Tue STATE OF GEORGIA, BY ITS ATTORNEY- GENERAL, Joun C. Hart, Plaintiff. v8. In Equity. Tue TENNESSEE CoppER COMPANY AND THE DucktowN SuLpHur, CopPpER AND IRON Company (LIMITED), Defendants. Strate oF GEorGIA, Fannin County. Personally appeared before me W. R. Cole, who, being duly sworn herein, deposes and says: Deponent isa liveryman by occupation, and has been for many yeors, and spends a considerable portion of his time driv- ing his customers throughout the different parts of Fannin and Gilmer counties, Georgia. Deponent is a resident of Blue Ridge, Fannin County, Ga. Deponent. during the past two or three years, while driving through said counties as aforesaid has observed the great de- struction of timber, vegetation and crops within the zone of the sulphur fumes generated by the Ducktown copper companies. The character of the injury to timber first attracted deponent’s attention, that is, the browning and burning of the leaves at times, and the falling of same long before the autumn season, and the fact that the trees began dying at the top and that the injury gradually descended. Prior to the notice of such inju- ries, however, deponent had often observed the presence of said SS OTE RYT Gea AT: (asdf uct — eS A 7 te) Shia be eta 112 sulphur fumes throughout a considerable portion of the coun- ties Such fumes were not only noticeable through their un- pleasant odor, but frequently were so thick that they formed in effect a haze in the atmosphere. The trees killed, as aforesaid, were often a menace to the safety of and passage over the roads throughout said counties, Deponent has frequently found that dead trees had fallen across and blocked the roadways through the timbered country. The dead and dying trees constituted a frequent menace to the trav- elers using such roads, not only by the danger of the injury to the driver as well as animals and vehicles from the falling trees or limbs, but also as an unexpected obstruction upon the road. Deponent has had the good fortune not to have driven into such an obstacle, but he attributes such good fortune largely to the fact that the dead trees are usually ent by road hands, or other persons, so as to prevent their blocking or falling wpon the roadways. If such trees were not constantly cut and removed, the danger upon said roads, as well as the inconvenience, would be infinitely greater than it is. Deponent has often noticed the sulphur fumes in various portions of Fannin and Gilmer counties. The smoke and fumes are often thick enough to produce a haze, and deponent has seen such fumes so dense in the northern part of Fannin county, par- ticularly late in the afternoon, that they resembled a heavy mist or fog, and objects only a few yards distant were barely discern- ible. The fumes are often strong enough to produce a severe smarting sensation in the throat and nostrils and produce con- siderable coughing. This is particularly true in the case of customers of deponent who are not accustomed to said fumes, as more than once deponent has had a passenger to temporarily suffer severely from the unpleasant effects of said sulphur smoke, his W.R. A COLE mark. Sworn to and subscribed before me, this — day of November, 1905. W. A. WILSON, J. P., Notary Public Fannin County, Ga. =>7"" 113 AFFFIDAVIT OF ROBERT M. COLE. No. 13. ORIGINAL. In the Supreme Court of the United States, OCTOBER TERM, 1905. Tue STATE OF GEORGIA, BY ITS ATTORNEY- GENERAL, Joun C. Harr, Plaintiff. vs. In Equity. Tue TENNESSEE CoppER CoMPANY AND THE DuckTtouwn SuLpHurR, CopPpER AND IRON Company (LimiTED), Dejendants. State oF GEORGIA, County of Fannin. Personally appeared, Robert M. Cole, who, being duly sworn in the above-styled and numbered cause, deposes and says: Deponent is a resident citizen and land owner in said State and county, and is a farmer, lives on Fighting Town Creek, nine miles west of Blue Ridge, and four miles south of the Ten- nessee Copper Company furnaces. During the past two or three years great quantities of timber have been killed within the loeality in which deponent resides. crops and orchards have failed, notwithstanding weather con- ditions have been favorable, and gardens have been greatly in- jured and frequently ruined. The sulphur fmnes generated by the copper plants at and near Ducktown, Tennessee, are frequently noticeable in said vicinity. Not only is the presence of said fumes distinguish- able by their unpleasant odor, but often to the eye, the smoke and fumes having the appearance of a haze or vapor. The death of the timber and the general ruin of the erops, sbr ERE iE REND AN. SaaS ak iy kag aA Reh - 114 orchards and gardens have occurred only since the fumes from the copper works made their appearance in the locality wherein deponent resides. That the damage has been greater this year than heretofore, that the smoke came up this summer and deponent’s garden was almost ruined, and it killed his Irish potatoes, and we did not get anything from them. ROBERT M. COLF. Sworn to and subseribed before me, this 21st day of Novem- ber, 1905. . W. J. MATTHEWS, J. P. Fannin County, Ga. AFFIDAVIT OF W. B. COLE. No. 13. ORIGINAL. In the Supreme Court of the United States, OCTOBER TERM, 1905. THE STaTE oF GEORGIA, BY ITS ATTORNEY- GENERAL, JouN C. Hart, Plaintiff. vs. In Equity. THe TENNESSEE CoprpER COMPANY AND THE Ducktuwn SvuLpHurR, CopPpER AND [Ron Company (LIMITED), Defendants. Srate oF GEORGIA, Fannin County. Personally appeared, W. B. Cole, who, being duly sworn in the above-styled and numbered cause, deposes and says: _— qa ae, 115 ! Deponent is a resident citizen and land owner in said State and county, and is a farmer, and has a farm four miles from Mineral Bluff. During the past two or three years great quantities of tim- ber have been killed within the locality in which deponent re- sides, crops and orchards have failed, notwithstanding weather conditions have been favorable, and gardens have been greatly injured and frequently ruined. The sulphur fumes generated by the copper plants at and near Ducktown, Tennessee, are frequently noticeable in said vicinity. Not only is the presence of said fumes distinguish- able by their unpleasant odor, but often to the eye, the smoke and fumes having the appearance of a haze or vapor. The death of the timber and the general ruin of the crops, orchards and gardens have occurred only since the fumes from the copper works made their appearance in the locality wherein deponent resides. W. B. COLE. Sworn to and subscribed before me, this 20th day of Novem- ber, 1905. FRED FORRESTER, Notary Public Fannin County, Ga. Rats Nei SN tern ae — = Se laine Di a Lek ae i ene eee alt TTY eer CASAL YY Mn eY NEI a ie ren + 116 AFFIDAVIT OF J. E. COOK. No. 138. ORIGINAL. In the Supreme Court of the United States, OCTOBER TERM, 1905. Tue State oF Georaia, BY ITS ATTORNEY- GENERAL, JoHN C. Hart, Plaintiff. vs. In Equity. Tue TENNESSEE CoppER COMPANY AND THE DucktowN Su.LpHur, CoPPER AND IRON Company (LIMITED), Defendants. STaTE or GEorGIA, County of Fannin. Personally appeared J. E. Cook, who, being duly sworn in the above-styled cause, deposes and says: Deponent is a farmer residing near Hemp P. O., Fannin County, Georgia, in which county deponent has lived for the past thirty-one years. Deponent’s farm is located upon Hlemptown Creek, a tribu- tary of the Toceoa river, some little distance to the southward of Mineral Bluff, Ga., and up to a very recent date has been both fertile and productive. During the past year or so, how- ever, conditions have greatly changed. The smoke and sulphur fumes generated by the copper works, just over the Tennes see line and near Ducktown and Isabella, Tennessee, have , almost. wholly destroved the value of his property as a farm; often, in fact, whenever the wind is from the northward, the fumes envelope the neighborhood, are disagreeable in odor and Bisescs Sate fens E } M9 117 settle upon the earth like a cloud or mist, and the growing crops are stunted, injured, and frequently killed. The damage dur- ing 1905 was much greater than in 1904—each year it is in- ereasing. A greater portion of the timber has already been destroyed; orchards are much damaged and non-productive. Notwithstanding the fact that the past season was excellent as far as rain and weather was concerned, the crops were woeful failures. The corn and fodder at least six weeks before the | first frost looked blighted and as though frost-bitten. The fod- der rotted on the stalk before it was ripe for gathering. The small grain erops are also injured. These conditions are attributable to no other source than the sulphur fumes. If the fumes continue in the future as they have in the past, deponent’s farm will be of no value, as prac- tically nothing can be raised thereon. Only broomsage seems able to stand the sulphur fumes. The conditions related by deponent do not apply to depo- nent’s farm alone, but also to those in his neighborhood not pro- tected by hills or mountain barriers from said smoke and fumes. The conditions set forth and the damage related are general. Continued operation of said copper works will in effect work nothing short of a confiscation of deponent’s property, as it will be rendered worthless to him as a farm and valueless in the market. JOHN E. COOK. Sworn to and subscribed before me, this 20th day of Novem- ber, 1905. JOS. A. BRUCE, J. P. Fannin County, Ga. wie 118 AFFIDAVIT OF JOE COOK. No. 18. ORIGINAL. In the Supreme Court of the United States, OCTOBER TERM, 1905. THE State or GeorGia, BY ITs ATTORNEY- GENERAL, Joun C. Hart, Plaintiff. v8. In Equity. THe Tennessee Copper ComPANY AND THE Ducktuwn Sutpuur, Copper AND Iron Company (LimiTep), Defendants. State oF Georeia, Fannin County. Personally appeared, Joe Cook, who, being duly sworn in the above-styled and numbered cause, deposes and says: Deponent is a resident citizen and land owner in said State and county, and farmer, residing near Hurst, five miles south of Morganton, Ga. During the past two or three years great quantities of tim- ber have been killed within the locality in which deponent re- sides, crops and orchards have failed, notwithstanding weather conditions have been favorable, and gardens have been greatly injured and frequently ruined. The sulphur fumes generated by the copper plants at and near Ducktown, Tennessee, are frequently noticeable in said vicinity. Not only is the presence of said fumes distinguish- able by their unpleasant odor, but often to the eve, the smoke and fumes having the appearance of a haze or vapor. ee 119 The death of the timber and the general ruin of the crops, orchards and gardens have occurred only since the fumes from the copper works made their appearance in the locality wherein deponent resides. Deponent’s corn crop was badly damaged, the fodder burnt up and rotted long before the corn matured. Gardens were almost a failure. Timber died considerably this year, worse than ever before. Small grain was badly damaged and did not more than half mature. The small grain was generally very light and chaffy. Smoke can be easily seen and smelt frequently at my house. I live about 18 to 20 miles from the Ducktown furnaces. JOE COOK. Sworn to and subseribed before me, this 17th day of Novem- ber, 1905. J. W. ALLEN, J. P. Fannin County, Ga. Ghee. ——— . ms ERASE eRe cr sense Fe ae ee eee yew uEee — oo Bason Pe ee Ee EE ee a 120 AFFIDAVIT OF JOSEPH M. COOK. No. 18. ORIGINAL. In the Supreme Court of the United States, OCTOBER TERM, 3905. THE STaTE oF GEORGIA, BY ITS ATTORNEY- GENERAL, JouN C. Hart, Plaintiff. vs. : In Equity. THe TENNESSEE CopPpER COMPANY AND THE DucktowN SvuLpHuR, CoPPER AND [RON Company (LiMiTED), Defendants. Strate oF GeoretA, Fannin County. Personally appeared, Joseph M. Cook, who, being duly sworn in the abovestyled and numbered cause, deposes and says: Deponent is a resident citizen and land owner in said State and county, and is a farmer, being located on Hemptown Creek, ten miles east of Blue Ridge, and twenty miles southeast of Isabella, Tenn. During the past two or three years great quantities of tim- ber have been killed within the locality in which deponent re sides, crops and orchards have failed, notwithstanding weather conditions hiave been favorable, and gardens have been greatly injured and frequently ruined. The sulphur fumes generated by the copper plants at and near Ducktown, Tennessee, are frequently noticeable in said vicinity. Not only is the presence of said fumes distinguish- able by their unpleasant odor, but often to the eye, the smoke and fumes having the appearance of a haze or vapor. Prats —7_—" 121 The death of the timber and the general ruin of the crops, orchards and gardens have occurred only since the fumes from the copper works made their appearance in the locality wherein deponent resides. Fruit crop almost a failure, fodder was only worth half price ; timber is dying, a large portion already dead. So far as rain and good weather was concerned, we had an excellent season for farming. J. M. COOK. Sworn to and subseribed before me, this 20th day of Novem- ber, 1905. ’ Notary Public County, Ga. miles — Sate? 4 Bates OTN? 2 ~ T 122 AFFIDAVIT OF JOHN C. CORDELL. No. 13. ORIGINAL. In the Supreme Court of the United States, OCTOBER TERM, 1905. THE State or GrorGia, BY ITS ATTORNEY- GENERAL, Joun C, Hart, Plaintiff. vs. ; In Equity. Tue Tennessee Copper Company AND THE Ducktown Svuipuur, CoprerR AND IRon Company (Limirep), Defendants. Strate oF Georata, Fannin County. Personally appeared, John C. Cordell, who, being duly sworn in the above-styled cause, deposes and says: Deponent is a resident, citizen and property owner of Fannin County, Georgia, in which county he has lived the past 43 years. Deponent is a farmer, located about four miles from the town of Mineral Bluff, and in deponent’s locality the fumes produced by the sulphur plants in Tennessee, just beyond the line of Fan- nin county, are frequently present. Since the appearance of said sulphur fumes in deponent’s neighborhood, quantities of timber have been killed, and crops, gardens and orchards prac- tically ruined. The land in said locality is suitable only for farming and forestry purposes, and with the crops destroyed and the timber killed by said fumes, the land is rapidly becoming valueless. The winter-growing crops, such as oats, barley and es 123 the like, are greatly injured by the fumes. Each and all of the injuries are constantly on the incrase. JOHN C. CORDELL. Sworn to and subscribed before me, this 18th day of Novem- ber, 1905. F. M. HARPER, J. P., Notary Public Fannin County, Ga. AFFIDAVIT OF J. L. CULBERSON. No. 18. ORIGINAL. In the Supreme Court of the United States, OCTOBER TERM, 1905. THE State OF GEORGIA, BY ITS ATTORNEY- GENERAL, JoHN C. Hart, Plaintiff. 2a In Equity. THE TENNESSEE CoppER CoMPANY AND THE DucktuwN SuLpHur, CopPpER AND [Ron Company (LiMiTED), Defendants. SratE oF GEORGIA, Fannin County. Personally appeared, J. L. Culbérson, who, being duly sworn in the abovestyled and numbered cause, deposes and says: Deponent is a resident citizen and land owner in said State ys. aie ee ie | isteiis oncccisens Beta tients A fg? 4 124 and county, and has a farm located six miles from Mineral Bluff. During the past two or three years great quantities of tim- ber have been killed within the loeality in which deponent re- sides, crops and orchards have failed, notwithstanding weather conditions have been favorable, and gardens have been greatly injured and frequently ruined. The sulphur fumes generated by the copper plants at and near Ducktown, Tennessee, are frequently noticeable in said vicinity. Not only is the presence of said fumes distinguish- able by their unpleasant odor, but often to the eye, the smoke and fumes having the appearance of a haze or vapor. The death of the timber and the general ruin of the crops, orchards and gardens have occurred only since the fumes from the copper works made their appearance in the locality wherein -deponent resides. J. L. CULBERSON. Sworn to and subscribed before me, this 18th day of Novem- ber, 1905. FRED FORRESTER, Notary Publie Fannin County, Ga. 125 AFFIDAVIT OF J. Y. CURTIS. No. 18. ORIGINAL. In the Supreme Court of the United States, OCTOBER TERM, 1905. THE STATE OF GEORGIA, BY ITS ATTORNEY- GENERAL, JouN C. Hart, Plaintif,. vs. In Equity.. THE TENNESSEE CopPpER CoMPANY AND TH DuckTtuwn SuLpHur, CopPpeR AND IRON Company (LIMITED), De/endants. Srate OF GEORGIA, Fannin County. Personally appeared J. Y. Curtis, who being duly sworn in the above styled and numbered cause, deposes and says: Deponent is a resident citizen and land owner in said State and eounty, and his occupation is that of a farmer; his farm is located one mile north of Blue Ridge, Ga., on the waters of Toccoa. During the past two or three years great quantities of tim- her have been killed within the locality in which deponent resides, crops and orchards have failed, notwithstanding weather conditions have been favorable, and gardens have been greatly injured and frequently ruined. The sulphur fumes generated by the copper plants at and near Ducktown, Tennessee, are frequently noticeable in said vieinity. Not only is the presence of said fumes distinguish- ag E 4 a> i {C3 126 5 able by their unpleasant odor, but often to the eye, the smoke ; and fumes having the appearance of a haze or vapor. : The death of the timber and the general ruin of the crops, ; orchards and gardens have occurred only since the fumes from : ihe copper works made their appearance in the locality wherein deponent resides. Crop of corn was killed by said fumes:in a single night. Mba During the month of August, 1905, deponent’s crop of corn : was in a flourishing condition, but a night in which the smoke : settled down in said locality, and was noticeably strong, the : crop of corn was whitened and withered, and had the appear- ance of a heavy frost. In consequence of such injuries said j crop of corn was almost ruined. ; J. Y. CURTIS. ‘ Sworn to and subseribed before me, this 17th day of Novem- ber, 1905. ; WILLIAM BUTT, Notary Public Fannin County, Georgia. { en ee ae Pisa Aiah nel te Tamed SORA SAN a — 127 AFFIDAVIT OF A. B. DAVIS. No. 13. ORIGINAL. In the Supreme Court of the United States, OCTOBER TERM, 1905. Tue State or Georara, BY ITS ATTORNEY- GENERAL, Joun C. Hart, Plaintiff. v8. In Equity. THe TENNESSEE Copper CoMPANY AND THE sie DucktowN SuLpuur, Copper anp Iron Company (Limitep), Defendants. Strate or Georaia, Fannin County. Personally appeared, A. B. Davis, who, being duly sworn in the above-styled amd numbered cause, deposes and says: Deponent is a resident citizen and land owner in said State and county, and is a farmer, and has a farm located one-half mile from Mineral Bluff. During the past two or three years great quantities of tim- ber have been killed within the loeality in which deponent re- sides, crops and orchards have failed, notwithstanding weather conditions have been favorable, and gardens have been greatly injured and frequently ruined. The sulphur fumes generated by the copper plants at and near Ducktown, Tennessee, are frequently noticeable in said vicinity. Not only is the presence of said fumes distinguish- able by their unpleasant odor, but often to the eve, the smoke and fumes having the appearance of a haze or vapor. ; rs EI 8 12a} 128 The death of the timber and the general ruin of the crops, orchards and gardens have occurred only since the fumes from the copper works made their appearance in the locality wherein deponent resides. A. B. DAVIS. Sworn to and subscribed before me, this 18th day of Novem- ber, 1905. FRED FORRESTER, Notary Public Fannin County, Ga. AFFIDAVIT OF JOHN E. DAVIS. No. 18. ORIGINAL. In the Supreme Court of the United States, OCTOBER TERM, 31905. Tue STATE OF GEORGIA, BY ITS ATTORNEY- GENERAL, Joun C. Hart, Plaintiff. vs. , In Equity. THe TENNESSEE CopPpER COMPANY AND Tue! Ducktuwnx SuLPHuR, CopPpPER AND IRON Company (LiMiTED), | 4 “ Defendants. Cee ee SraTe OF GEORGIA, Fannin County. Personally appeared, Rev. John E. Davis, who, being duly sworn in the above styled and numbered cause, deposes and says: —, 129 Deponent is a resident citizen and land owner in said State and County, and resident of Morganton, Georgia, and farmer, whose farm is located five miles southeast of Morganton. During the past two or three years great quantities of timber have been killed within the locality in which deponent resides, crops and orchards have failed, notwithstanding weather condi- tions have been favorable, and gardens have been greatly in- jured and frequently ruined. The sulphur fumes generated by the copper plants at and near Ducktown, Tennessee, are frequently noticeable in said vicinity. Not only is the presence of said fumes distinguish- able by their unpleasant odor, but often to the eye, the smoke and fumes having the appearance of a haze or vapor. The death of the timber and the general ruin of the crops, orchards and gardens have occurred only since the fumes from the copper works made their appearance in the locality wherein deponent resides. Deponent’s crop was damaged considerably and his timber is dying. Fodder was almost a total failure, notwithstanding the season was good. Deponent has noticed other crops and they also were damaged as deponent’s. Fodder would die while the shuck was green. Corn is chaffy and light. Crops have suffered more this year than ever before. If the fumes con- tinue farming in this county will have to be abandoned. JOHN E. DAVIS. Sworn to and subseribed before me, this 17th day of Novem- ber, 1905. J. W. ALLEN, J. P., Fannin County, Gorgia. gbr ites wsierx aii cease cients ea eSsaes Bt 130 AFFIDAVIT OF W. A. DAVES. No. 18. ORIGINAL. In the Supreme Court of the United States, OCTOBER TERM, 3905. Tue Strate or GEORGIA, BY ITS ATTORNEY- GENERAL, Joun C, Hart, Plaintiff. vs. In Equity. Tue TENNESSEE Copper CoMPANY AND THE DvucktuwN SuLpHur, CopPpER AND IRON Company (LIMITED), Defendants. STaTE OF GEORGIA, Fannin County. Personally appeared W. A. Daves, ordinary of Fannin county, Georgia, who being duly sworn in the above-stvled and numbered cause, deposes and says: Deponent is a resident citizen and land owner in said State and county, and farmer and resident of said county, five miles east of Morganton, Ga. During the past two or three years great quantities of tim- ber have been killed within the locality in which deponent resides, crops and orchards have failed, notavithstanding weather conditions have been favorable, and gardens have been greatly injured and frequently ruined. The sulphur fumes generated by the copper plants at and near Ducktown, Tennessee, are frequently noticeable in said vicinity. Not only is the presence of said fumes distinguish- 131 able by their unpleasant odor, but often to the eye, the smoke and fumes having the appearance of a haze or vapor. "he death of the timber and the general ruin of the crops, orchards and gardens have occurred only since the fumes from the copper works made their appearance in the locality wherein deponent resides. Deponent further swears that the crops of general character, that is, corn, rye, oats, ete., the fodder crops, especially, began to rot before and about the time corn was tasseling and silking. Notwithstanding the season was good, better than usual, so long as the fumes are generated, deponent’s corn will be almost a total failure. The damage this present year was greater than ever before, and deponent verily believes his farm will ulti- mately be wholly ruined if said furnaces continue. Deponent had not been in his timber lands for quite awhile. On yester- day, November 16th, I went out to get some square timber and was very much surprised to find that his timber was largely dead and balance dying. The timber was very fine. W. A. DAVES. Sworn to and subscribed before me, this 17th day of Novem- ber, 1905. J. W. ALLEN, J. P. Fannin County, Georgia. a Ei att Br NS a Saban IR OR COS SA AIO A 132 AFFIDAVIT OF S. A. DEAN. No. 13. ORIGINAL. In the Supreme Court of the United States, OCTOBER TERM, 1905. Tue Strate or Georaia, BY ITS ATTORNEY- GENERAL, Joun C. Hart, Plaintiff. v8. In Equity. Tue Tennessee Coprer Company AND THE Ducktuws Scipuur, Copper AND Iron Company (Limited), Defendants. Srate oF GEorGIA, Fannin County. Personally appeared, 8S. A. Dean, who, being duly sworn in the above-styled and numbered cause, deposes and says: Deponent is a resident citizen and land owner in said State and county. During the past two or three years great quantities of tim- ber have been killed within the locality in which deponent re- sides, crops and orchards have failed, notavithstanding weather conditions have been favorable, and gardens have been greatly injured and frequently ruined. The sulphur fumes generated by the copper plants at and near Ducktown, Tennessee, are frequently noticeable in said vicinity. Not only is the presence of said fumes distinguish- able by their unpleasant odor, but often to the eye, the smoke and fumes having the appearance of a haze or vapor. The death of the timber and the general ruin of the crops, Pe a" \o8- 133 orchards and gardens have occurred only since the fumes from the copper works made their appearance in the locality wherein deponent resides. S. A. DEAN. Sworn to and subscribed before me, this 20th day of Novem- ber, 1905. J. F. MNELLEY, Notary Public Fannin County, Ga. AFFIDAVIT OF W. H. DAVENPORT. No. 18. ORIGINAL. In the Supreme Court of the United States, OCTOBER TERM, 1905. Tue Srate or Georcia, BY ITS ATTORNEY- GENERAL, Joun C. Hart, Plaintiff. v8. In Equity. Tue Tennessee Copper ComMPANY AND TH Ducktows SvuipHur, Coprper anv Iron Company (Limitep), Defendants. Strate or Georeia, Fannin County. Personally appeared W. H. Davenport, who being duly sworn in the above styled and numbered cause, deposes and says: Deponent is a resident citizen of State and county, and is a farmer. ee —_ thm ery ene ae eae ELSIE LONGI EIR C4 « Deeeiciwee PR Sec Saat * Wie Se iat Pee EASTER EL atin aT Ki aA i) Sa ele FOR 195 134 During the past two or three years great quantities of tim- ber have been killed within the locality in which deponent resides, crops and orchards have failed, notwithstanding weather conditions have been favorable, and gardens have been great!y injured and frequently ruined. The sulphur fumes generated by the copper plants at and near Ducktown, Tennessee, are frequently noticeable in said vicinity. Not only is the presence of said fumes distinguish- able by their unpleasant odor, but often to the eye, the smoke and fumes having the appearance of a haze or vapor. The death of the timber and the general ruin of the crops, orchards and gardens have occurred only since the fumes from ihe copper works made their appearance in the locality wherein deponent resides. My Irish potatoes, tomatoes and bunch beans were ruined on account of smoke and stubble such as rag weeds, cockle-burs and other stubble was killed just as if there had been a big frost on it. W. H. DAVENPORT. Sworn to and subscribed before me, this 18th day of Novem- ber, 1905. FRED FORRESTER, Notary Public Fannin County, Georgia. 135 AFFIDAVIT OF A. B. DICKEY. No. 13. ORIGINAL. In the Supreme Court of the United States, OCTOBER TERM, 1905. Tue STATE OF GEORGIA, BY ITS ATTORNEY- GENERAL, JOHN C. Hart, Plaintiff. v8. In Equity. Ture TENNESSEE CoppER CoMPANY AND THE DucktuwN SuntpHur, CoprpER AND Iron Co [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386020_0250%3A22. Public record. Not legal advice.