New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-03-23
TT WILL NOT PROTECT TIE W1TERSHED.

THE ACADEMY OF MfhICiNE POINTS OUT De
FECTs ~ THE PROPOSED LAW.
The following telegram forwarded 10y Charles
stewart DAWSON on lchal! Of The New York Academy
Of Medicine. 10 the Governor yesterday morning. sup
Elementary 10 the memorial presented on Tuesday IN
Albany on the subject Of the CroiOn Watershed bill
now before ile Governor for approval return, the
Governor having requested that an examination he
made OF the bill about 10 be enacted on the general
subject Of health known the Public Health Law. y
being senate bill new No. AGO. and 10 constitute
chapter - Of the General Laws under the new re-
vision now In progress with view 70 seeing whether
the legislation deemed necessary might no, BE- covered
by 1t:
Pursuant to your suggestion that the public health Law
now enacted constituting chapter -. General Law,
Senate BIZ new 40. 42o be examined in connection
with the Legislation recommended by tn" Academy Of
Medicine necessary for the immediate sanitation Of the
Croton watershed during the coming sumner. ] would
say that have carefully examined The II docs
meet requirements Of the present situation Section
Din Article H. rnng nuisan l. inopr atvc upon
the que .ons involved since the major portion OF the
present sources Of contamination not strictly speaking
common law public nusances. Nor would this
section when tested BE- Judic1y construed In d"io'a ioh
Of the common law constitute anything nuisance not
20 under ordinary legal ul"e. The power Of the state
Board Of Health certify any matter TO b" nuisance
would be- subject supervision by the courts and tempo
rary inunctlOns ~ this question In particular Ia
stances would oItainabe In sufficient numbers "
prevent relief the Immediate SITUATION demands
Sections 20 10 n I'm Article D., concerning potiblc
waters provide a method too cumbersome and detailed
for the present emergency They require preliminary
six weeks publication Of rules followed by an ln-Pc-
;n and the service of copy Of the regulation violated
on noncompliance a notification 10 the state Board
and an examination by It, with thereafter ten days
notice 10 comply with rule violated taen merely
action I'm record De rci the local county
for an Injunction are the ultimate remedy Also where
d matter Is a public nui-anrr, no action Is main
i,sclf constructed new changed existing system
Of sewerage or provided methods Of publication
moved the buildings All this Is far too cumbersome
for the present situation.
Meanwhile, the provision, Of these sections, l. g..
Section dn Article J.. lines and ana in Sections
20 TO "a On Article b. demon-trac thu improperly Of
the bill now In your hands signature making the
same special legislation a subject t. BE- covered
BY a general enactment. Two conflicting methods Of
complishng the same thing In the particular localities
would arise one special. general. II also put, In
the hands OF single ind Nidull Official, sly
fitted exercise the special discretion inyolvei that
for the at large l. properly ntru-ted To
body of experts Existence Of these actions titles the
scope purport original amendment proposed by
the Academy Of Medicine. which sought the sub,ution
Of proper commission for the nd dual Official naIncl
committee. This deliberate expression by the rcvscrs
Of the General Laws demonstrates the improperly
the project OF substituting individual for the board