The Providence news. (Providence [R.I.]) 1891-1906, 1892-02-17
THEPAWTUXET HEARING
Col. Van SIyck States the Position
of Prov dence.
THE ARGUMENT IN REBUTTAL,
The Riparian Owners Have No Right to
Poilute the Water to the Detriment of
Others-Is the Water at Present Unfit
for Use?

"A public hearing was given in the House
chamber this noon on the act presented in
the House last week Ito prevent corrup-
tion of the sources Of supply of water used
for domestic purposes" The act was
drawn by City Solicitor Van Slyck at the
request of the Board of Aldermen of the
city of Providence. and in scope and effect
it is intended so to purify the Pawtuxet
river that the citizens of Providence may
be protected from disease and saved from
drinking sewerage, cess-pool drainages
and the wastes from the dye houses and
mills along the stream.
Inspector H. Butterworth presented for
the inspection of the committee thirty
bottles containing samples OF water taken
from various portions of the stream above
the pumping station at Sockanosset.
The liquid was of various colors, rang
ing from yellow white to murky black
ness, with all the intermediary tones and
colors of the rainbow. But one bottle of
water was transparent Dye stuff, waste
and filth OF the most shocking character
was thus disclosed in solution in the
water, and SO impregnated was the water,
so complete were the solutions so
thoroughly were the solids held in sus-
pense, that but few of the exhibits dis
closed any deposits on the bottom of the
bottles.
There was an unusually large attend
ance Of interested people, some represent
ing mill corporations, some appearing for
firms conducting bleacheries and dye
houses, while others came in behalf of the
towns along the PawtuXet that had been
for years, aud are now using the river as
common sewer-and tnat propose TO
continue that practice indefinitely if the
legislature and the courts do not interfere.
Col. Nicholas Van Slyck, for the city of
Providence, rehearsed the history of the
grant from the General Assembly TO the
city of Providence 10 take water from the
PawtuXet river without any objections
from any body. Some have said Provi-
dence made "A mistake in the place il takes
its water from. but il we had taken il
from farther up the stream, a great hue
and cry would have arisen by the mill
owners if such large quantity of water
had been taken from their water privi-
leges. Ii has been stated that the Paw
tuXet river IS sewer, and that the mills
have right to use il ~ such.
| lThere IL no such right that can be con-
ferred by the Legislature. Col Van Slyck
read quotations from an important decision
of the late Judge Potter, in which he says
that the riparian owners have no right TO
pollute the water OF any stream To the
detriment of others. But it is claimed
that this does not apply TO the circumstan-
ceS of to-day, as the uses OF the river are
different from those when the decision
was given. But the law is there and no
riparian owner has the right To pollnte
the water 20 the detriment Of another ri
parian owner whether it be the city of
Providence or any other. There are over
10000 people depending on the water of
the PawtuXot River for domestic purposes
and the city of Providence needs pure
water and intends to have it. The poorer
classes are the sufferers as they cannot
(st.
for their tables as can the more wealthy
classes.
There Is penalty attached TO the wilful
pollution of the water. but the grand jury
must needs sign an indictment before the
penalty can be enforced so that the clause
might just rs we'll be left out.
Col. Van Slyck read the proposed act
and OF the clause which makes directors
of corporations liable for violation by such
corporation, said IL was merely to iiX the
responsibility on some one in the event OF
such violation of the law The owners of
the mills on the stream are nearly all citi-
zens OF Providence 80 that il can be no
feeling that prompts this request.
Coz. Van .,lyck said that the reason the
proposed fines were less than those in the
existing law was that there was found
an impvssihility To procure indictments.
1 For instance, iu Kent county the city had
been heiore the grand juTy with evidences
NNIiINAtl4l 10 nave NttNlNh lhAitlnltNAS III
almost any criminal procedure; but the
locpl pressure bad been so great, or there
had heen such strong local feeling. that all
I efforts to secure conviction had been
| futile;
The city did not wish to deal harshly; it
did not use u club or intend to. The city
had thus TAR paid out el6.3i5 10 people i'm
Pawtuxct Valley toinduce them To abate
nuisances which could have been stopped
10y recourse % law; but the city preferred
to move ln an amicable way 10 reach the
cause of pollution and prevent a continua-
tiun of IT,.
Inspector Buttcrworth was called for by
the committee and explained where, when
and how he took the samples Of filth and
dirty water. some samples were taken In
the mill watts TO show what IL consisted of
before IL went through the water gates.
and sorr 'rnm the river to show how