The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1898-08-26
The Pollution Of Streams Of Clear Run ming
Water.
Communicated. ]


| The sense of Justice implanted In tn
human heart always revolts against sucl
dissertation Of our fresh, clear wate
| streams. Laws are the exponents Of thes'
sins Of justice, and allusion has already
been made to our own statutes. In every
State In the Union there Is to be fount
some statutela beginning substantially
With TT shall be unlawful for any per.
son or corporation to cast into any spring
brook, river or pond, filth, refuse, deat
animals, sewage, etc, etc.
Court and judicial Interpretations OF law
are not less pointed. Wemake room for 9
fow illustrations.
Lewis, on Eminent Domain pages CT
and So, has the following: "The general
right to tho flow of stream In its natural
purity Is fully established by the decisions.
A company supplying city with water
cannot take the water from stream and
return an equal amount of Inferior equal
ity to the damage Of the lower proprietors.
Again: "There is no principle which al
lows q city to conduct into strcam by
means of sewers, the water and filth which
comes from dense population
Again: There ia no riparian right, even
to cities on its banks to cast filth into o
stream
Again: zone proprietor upon small
stream would not be permitted TO place
his privy over stream. or turn into 1t the
refuse from his kitchen and stable; no
moro can hundred proprietors of a large
stream, or the corporate authorities OF o
city through which it runs"
Angel on "Water Courses" paragraph
$40, says: "A municipality has no more
right at common law to pollute streams
with sewage than a private person, and its
duty to prevent public nuisances by TAX.
ing care of the sewage gives 1t no right to
create another nuisance by the pollution of
stream"
Addison on Forts, paragraph l0i9,edi.
tian 1875, says: Boards have no powor to
collect sewage and pour 1t into stream
which was previously pure, so as to create
q nuisance, or deterlorate the value of the
land adjoining the stream. Cities are not
entitled to foul rivers with tho contents of
water closets and convert stream into
sinking sewer.
The above is the common law upon the
subject OF streams. fthe people OF town
or any person residing on the Brandywine
In Ia pollutes the stream, such persons
cGn be prosecuted under he common law
by the eauUhoritIes in the State Of Delaware
* of the people residing on the banks Of
the Brandywine pollute the stream with
the refuse from the kitchen, stables, pig
pens, out houses, ect. Water will not
run up hill, hence oil the refuse Is washed
by rain storms into the stream.
These people are all liable to- prosecution
under the common law. White Clay
creek, the upper Chrlstians, Mill Greek,
Pike Creek and other smal! streams in
this county are being polluted daily by
those residing near such streams. A II such
persons ale liable to be prosecuted under
the common law. The streams and rivers
in Kent and Sussex counties are all clear,
puro, running water, and they are being
constantly polluted by the people OF the
towns situated on said streams by run
ming and carrying their .refu'e Into these
pure, clcnr streams; al! NGe liable to be
prosecuted Aninspector Of stream would !
be good Office.
The pollution of streams in our State is
going on every day, Now, Mr.. Editor, l !
think 1t prudent to warn our people |
against the violation Of Law In polutlns |
streams. Yours, |
Il. b. FRAZER.