the village of Arverne and from the Edgemere Hotel injures both the oyster interests and the fishing stations. Are the rights of the owners of the oyster beds and fishing stations superior to the rights of the village and hotel to use the bay as a place of sewage disposal? The common law as well as the statutory laws of the state appear to protect the riparian owners in the enjoyment of the natural functions and properties of the waters of the state as opposed to the enjoyment of the artificial functions. The claims. of oyster culture should, therefore, be paramount to sewage dis posal. Section 184 of chapter 974 of the Laws of 1895 prescribes: "Sludge, acid, and other refuse from any oil-works or sugar houses, or from buildings connected with the same, or any substance injurious to oyster culture shall not be placed or allowed to run into any waters within the jurisdiction of the state." The term "or any substance injurious to oyster culture," if not intended to be confined to substances from oil-works or sugar houses, would be applicable literally to the case in question; even if intended to be applied to substances from oil-works and sugar houses, the general and sweeping term employed would indicate clearly the spirit of the law in endeavoring to protect the oyster interests of the state. The powers given the State Board of Health to make rules and regulations for the protection of public water supplies, as given in section 70 of the Public health law, are intended to prevent the spread of just such diseases as are communicable through oysters grown or fattened in water polluted with infected sewage. A liberal interpretation of the powers of the Board, as indicated by this section, as well as their general powers, would appear to give them jurisdiction in such cases as the present one; but there appears another ground on which their right to act in this case can hardly be questioned. Section 1 of chapter 545 of the Laws of 1893, providing for the construction of sewers in unincorporated villages and hamlets, and section 3 of chapter 375 of the Laws of 1889, as amended by chapter 202 of the Laws of 1895, providing for the construction of sewers in incorporated vii lages, both of which laws were in force when the sewers of Arverne and Edgemere were constructed, and when the village of Arverne was incorporated, each provide for the approval of the plans for all sewers by the State Board of Health before any step is taken toward construction of the sewers. Neither the plans for the Arverne sewers nor for the Hotel Edgemere sewer were ever approved by the State Board of Health, nor, so far as I can learn, were they ever submitted to the Board. This violation of law on the part of the persons or officials responsible for the construction of these two sewer systems would appear at least to give the State Board of Health present jurisdiction as to the matter of disposal into Jamaica bay. Had the plans been submitted for the approval of the State Board of Health, the probability of the permission being given to dispose into Jamaica bay, as well as the prerogatives of the Board in protecting these waters, may be inferred from the fact that the village of Far Rockaway, in May, 1891, submitted plans for a sewer system having a proposed disposal into Norton's creek, joining Jamaica bay with Far Rockaway inlet at that time; these plans the State Board declined to approve. Again the village presented modified plans, proposing to dispose directly into Jamaica bay, which plans were also rejected, after careful study of the case, including float experiments made by Prof. Brown and others, to ascertain the movements of sewage so disposed; and the final approval of the Board was only secured on July 14, 1892, and again on a modified plan on August 23, 1895, in both of which plans disposal works were specified. The jurisdiction of the State Board of Health over the matter of disposal of sewage into the waters of the bay, except so far as it may possibly be modified by the extension of the limits of the city of New York to include this territory, and also the past policy of the State Board of Health regarding the safety of disposing sewage into the bay appears unquestioned. I beg to recommend, therefore, as a result of my examination into the matter: 1 That the disposal of crude sewage into the waters of Jamaica bay, or waters leading directly into the bay, from the village of Arverne and from Hotel Edgemere, be prohibited. 2 That the proper authorities be required or recommended to consider the extension of the Far Rockaway sewage collection system-already in operation and capable of extension to the locality-so as to collect and deliver the sewage from Arverne and Edgemere to the present disposal works in Far Rockaway. Accompanying this report, I beg to send the two maps referred to herein, and also to return the papers sent me, together with a certified copy of the original complaint filed with the town clerk of Hempstead, containing the signatures of all complainants; also an amended or "supplemental complaint" furnished me by Mr. Davison. I am, dear sir, very truly yours, OLIN H. LANDRETH, Consulting engineer ALBANY, April 14, 1898 GEORGE W. DAVISON, Court House, Long Island City, N. Y.: Dear Sir-I enclose herewith for your information, a copy of the report made by Prof. Olin H. Landreth, upon his investigation of a complaint made by you concerning the pollution of the waters of Jamaica bay, caused by the emptying of sewage therein, from the village of Arverne, also the Edgemere hotel. As both places are now in the borough of Queens, city of New York, the attention of the health department of that city has been called to the matter and a copy of Prof. Landreth's report furnished. Very respectfully, BAXTER T. SMELZER, Secretary LONG ISLAND CITY, April 15, 1898 Hon. BAXTER T. SMELZER, Secretary State Board of Health, Albany, N. Y.: Dear Sir-Your letter of the 14th inst. enclosing report of Prof. Landreth was this day received by me. I wish to thank you for your kindness in sending me this report, and will endeavor to follow the matter up with the city board of health. Yours very truly, GEORGE W. DAVISON The Edgemere Hotel, Edgemere, N. Y.: ALBANY, April 14, 1898 Dear Sir-I enclose herewith for your information, copy of a report made by Prof. Olin H. Landreth, upon his investigation of a complaint made to this Board concerning the pollution of the waters of Jamaica bay, by the emptying of sewage therein by the village of Arverne, also by the Edgemere hotel. The report of Prof. Landreth having been adopted at a meeting of the State Board of Health, held April 1, 1898, your attention is called to the recommendations made therein so far as they relate to the disposition of sewage by the Edgemere hotel. Very respectfully, BAXTER T. SMELZER, Secretary ALBANY, April 14, 1898 WM. T. JENKINS, M. D., Commissioner of Health, New York City, N. Y.: Dear Sir-I have the honor to transmit herewith, copy of a report made by Prof. Olin H. Landreth, upon his investigation of a nuisance caused by sewage from the village of Arverne and the Edgemere hotel, emptying into Jamaica bay. The report of Prof. Landreth was adopted at a meeting of this board, held April 1, 1898, and as the village of Arverne now constitutes a part of the borough of Queens of the city of New York, it is requested that you call the attention of the health department of your city to the recommendations made by Prof. Landreth looking to an abatement of the nuisance. A copy of Prof. Landreth's report has also been sent to the proprietor of the Edgemere hotel. Very respectfully, BAXTER T. SMELZER, Secretary VILLAGE OF DEPEW DEPEW, N. Y., April 8, 1897 State Board of Health, Albany, N. Y.: Sirs-The conditions existing here, on which this board asked that your inspector be sent here to view the conditions and enlighten us as to our powers in regard to remedies for same, are principally a real estate company owning about 900 acres in the village, particularly two streets connecting two sections of the village which at times are hardly passable. The lots adjoining these streets are now owned almost entirely by Polanders, whose property is lower than the streets. There being no sewers there is at all times of the year water standing on these lots in which ducks and geese increase the filth. In hot weather the stench is hardly endurable. As a board we have repeatedly asked that these streets and property be put in better condition. We have had fair promises, yet those promises have not been fulfilled. We do not care, to have work done and be in a position where we cannot collect payment for it. We need advice, but feel that the conditions cannot be realized without being seen. If the inspector, when in this part of the state, will let us know on what date he would be here, the members of this board would meet him and this board would feel that he had rendered them invaluable assistance. Respectfully yours, N. MCDONALD, Secretary ALBANY, N. Y., April 12, 1897 N. MCDONALD, Secretary Board of Health, Depew, N. Y.: Dear Sir-Your communication of the 8th inst., in explanation of reason for requesting an inspector of this department sent to Depew, has been received. |