The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1893-10-21
NO MORE POLLUTION
Water of White River Will Be
Freed of StrawbOard Refuse.
Judge Baker Grants the Water COM
pany Permanent Injunction Against
the NOblesville Company.

AT O'Clock yesterday afternoon Judge
Baker, in court of equity, granted decree
of permanent injunction against the Amer
lean Strawboard Company, of Noblesville
The suit of the Indianapolis Water-works
Company VS.. the American Strawboard
Company has for the past six months been
pending in the United States Court. The
bill of complaint was brought for injunc-
tive relief to prevent the pollution of the
water Of White river by the defendant TO
the damage of the complainant. In the re-
view of the cause the court, in substance,
says:
1T alleges that the complainant is the
owner of system of water works
conducted under statutory provisions
for the purpose of supplying water
for domestic use and the extinguishment
of fires in the city of indianapolis. In adj
dition to operating a system by which
sumers are supplied with water, the COM
plainants also control a certain portion of
the canal from which they derive yearly
the sum of $4,000 on the sale of ice. 1t is
charged that late in the year of 1891 the
defendants, without the compliments con-
sent, erected at Noblesville, on the bank
of White river, strawboard mill; that
since it has been in operation it has dis
charged daily from it's works three mill
ion gallons of water, eighty tons Of straw,
twenty-nine tons of lime and five gallons
Of muriatic acid, all of which are worked
upon by the water passing through the
factory, and by which means the water
passing into the river is charged with
sixty-seven tons OF refuse matter. 1t is
claimed that the river water is thereby
polluted so as to become discolored, Of
fensive to the smell and taste, unwhole-
fn T.
i've to the fish in the stream. In the spring
and fall of 1891 the defendants were noti-
Thereupon they agreed to the request and
promised that IL the complainant would
refrain for three weeks from judicial pro-
ccedngs it would provide such appliances
and devices as would remove the polluting
substances from the water flowing from
the works. This, it is charged, the defend
This cause was put at issue, and argued
orally and in printed briefs, but the tes-
timony is too voluminous to permit a re-
view by the court other than a statement
of the conclusions reached.
I'm the judgment of the court the testi-
mony shows that the defendant, in the
summer and fall of 1891, daily discharged
into White river from its factory at No
blesville large quantities of refuse and de-
composed matter which h. corrupted the the
and destructive to fish. This condition ex-
tended down the river to the dam and pond
tn these deieterions s substances was somewhat
less apparent at that point than in those
parts of the river in closer proximity to
the factory, the water in the canal which
is taken from the pond at Broad Ripple,
was so polluted that it made the ice unit
for use. While the pollution of the water
in the gallery was not great, the court
holds that at the time 1t was affected TO
that extent as TO materially and sensibly
impair it for drinking purposes. In 1871
were more observable than when the chan
nels carried larger volume or water.
When the defendant was re9uested s1 to
acres was dug, but the testimony shows
that it was never sufficient to remove
more n the conrts opinion the device was almost
wholly valueless for the purpose OF freeing
the water of it's pollution. In commenting
upon the case he has no doubt that wnen
the river again carries as small volum,e,
of water as it did in 1891 the pollution Will
be substantially as great as it was in that
year The testimony did not show that the
water mains during the year 1892 were SEN
sibly affected except for short period,
but an analysis of the water of 1889, COM
pared with like analysis made since the
| factory went into operation, shows that the
purity of the water has greatly changed ror
| the worse.
at has been settled that the complainant
owns the canal with its bed and banks il
| fee and is clothed with the right to sell ice
| therefrorn The complainant has become
vested by mesne conveyance and by iegis
lative acts with the authority TO maintain
system of water works and to supply the
city of Indianapolis with water for domes
| tic purposes. While il is private corpora
ton, it performs a most important public
service and by the wrong complained OF
| there is entailed a special pecuniary los:
| on the complainant alone and directly
| affects the health and comfort of the pub
| lie 1t has been claimed that the people
| living along the river pollute the water by
| draining filth and refuse into ii, but it /:
| no answer to a suit for creating and main
| tanning p nuisance that others are com
| hitting similar acts. Each one is liable t.
| q separate suit and may be restrained
| 1t is urged that the defendant is conducting
| business important, with improved ma
! chinery and employing many men, and i
! damage result it is no fault Of defendant
further. that in such cases the ancien
| rigor of the law has been modified il
| furtherance Of industrial progress and de
| velopment This contention finds no sup
| port either in principal or authority
| The court i'm the concluding paragraph o
| his finding says:
| 1.-The writ OF injunction is not only per
| Missile, but it affords the only adequat
| and complete remedy. In my opinion sucl
| q case has been made by the proof in thi
case There will be a writ of injunction
| awarded