The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1873-07-31
Procr.dings OF board OF Health.
OFFICE BOARD OF HEALTH,
CoLU.IDIA. July 90. !!

special meeting OF the board OF
Health was held this afternoon. at e
o'clock. Present-Drs. Gibbes, Silves-
ter and Sloan and Messrs. Walker, Nixon,
Williams, Daniels. Scott, Avery and Ire
vett.
The Chairman stated to the Board,
that the meeting had been called for the
purpose Of hearing the report OF the. spe
ciul committee appointed ut a late mect-
ing OF the Board to request OF the City
Attorney his written opinion in reply to
o resolution OF the Board las to the
most summary mode Of abating the nui-
sauce OF impure water with which our
community is afflicted"
Mr. Nixon, on behalf OF the commit
tee, submitted the following opinion Of
the City Attorney, furnished the COM
mittee for the information of the Board:
COLUMBIA, S c.. July 90, 1873.
To tNsSsrs. Niron, NciMi12In onl VII
H0ms. Committee Of the Board Of Heath
GENTLEMEN: [ have considered tho
subject Of the "most summary mode OF
uba.ing the nuisance of impure water,
with which our community is afflicted. !"
to which, on the part of the Board OF
Health, You have called my attention
aud asked my advice, ns City Attorney;
and respectfully state that, III LILY OPT
nlrn, the existing ordinances OF the city
on the subject ot nnisances do not reach
the difficulty and furnish no adequate
remedy for the evil complained Of I,
therefore, cannot advise that any steps
be taken nnder them to obtain the relief
80 mach desired by our citizens. The
only course which PROMISES to result in
the redress uf this wrong is the institu-
ton OF prosecution for public nui-
sance against Col. Samuel a. Pesrce, Jr. :,
WHO furnishes the impure wntor, in the
defective purform ance Of his contract
with the city to supply It's citizens with
pure water. But there are serious 90.
stacles impeding the successful pur-
suit OF such Il course as au Indictment
II Col Pearce is guilty of All offence at
all, 1t Is that Of creating public COM
mon nuisance. in this, that he supplies
the citizens with impure water. the use
OF which iplnres the public health. The
hrst answer to this allegation, on his
part, ~, that no one is at all compelled
to use the water, and that its use is vo.
lnntary. The next answer is, that the
allegation is untrue in point Of fact; that
the wuter is pure, and the use of it does
not iujuriously affect the public health
Now. In order to sustain an Indictment,
both OF these facts must be established
by proof, and must be sworn to by some
responsible person, in solemn atlilavit,
before Trial Justice would issue war
raut against Col. Pearce, the party
charged with creating the alleged nui-
sauce. Ii such IN affidavit be made, the
Trial Justice would issue his warrant,
and the prosecution be commenced. And
if the facts dcposed to be proved OIL tho
trial, 1 do not see how conviction could
be avoided; for, although Col. Pearce
has the right to throw river water into
the distributing reservoir in certnin
contingency, uudcr his water supply
contract, he has no right to place 1t
there IN such al impure condition as to
affect the pnblic health deleteriously
He cannot SO exercise private right as
to work public wrong; aud If he does,
be becomes amenable to the law for it in
ali Its consequences.
Whilst repeat, that. in my opinion, ii
prosecution against Col. Pearce, for
creating common nuisance, in impos-
ing upon the public water 80 impure us
to affect the public health ipjariously, is
the ouly remedy likely to prove elfectSal,
i'll view OF the difficulties to be encouu.
tered and the expenses. do not advise
that such q course bo adopted, but leave
the question to be decided by the Con.
mittee or the Board of Health, according
to their best discretion. I am, gentle-
men, most respectfully, your obedieut
servant,
JAMES d. TRADEWELL,
City Attorney.
Ga motion of DR.. Sloan, the opinion
was received as information, and the
committee discharged.
Air. Scott offered the following pre-.
amble and resolution, which we're unnni-
mously adopted:
Whereas this Board, after all due dill
gencs, having exhausted all means in
their power to abate the nuisance of
furnishing impure water to the citizsns
of our city by the Columbia Water
Power Company. and after hearing the
able opinion Of tho City Attorney on the
subject:
Resoired; That the Chairman OF this
Board be requested to call mass meet.
ing Of the citizens, on Friday evening
next. to devise ways and means for the
abolition Of said nuisance; and that he
be requested to furnish to said meeting
the proceedings heretofore had in regard
to said nuisance.
The Board then adjourned.
THOS. p. WALKER.