The evening times., 1899-03-01
CANNOT ABANDON
THE PROSECUTION
States Attorney Pearre OH Po-
t0mac Pollution Cases.
Without Power to Interfere in the
Matter.
Petitioners Advised to Present Their
Request to Gov. Lloyd
Lowndes.

Cumberland Md, March 1.-State's At
torney George A. Pearre yesterday ad-
dressed letter to E. W. Whitworth and
others of the committee which presented
a petition signed by over 4,S0O residents
of Aliegany county asking that the prose-
cution of the West Virginia Pulp and Pa
per Company for Potomac River pollution
be abandoned. He says that so unusual
was the request that at first he though, it
might be improper for him to receive and
entertain it, but after informal discussion
with members of the committee it appear
ed proper as States attorney to consider
it. Mr.. Pearre does not believe the law
contemplates giving the States attorney
power to dismiss criminal cases of great
public moment and interest" upon mere
unsworn petitions containing no state
ments that the defendants are not guilty
OF polluting the stream, that the po.iu-
ton has been stopped or will be stopped
if the cases are dismissed.
Colonel Pearre discusses the other al
legged pollutions of the Potomac, includ-
ing Georges Creek, and says that such
poiluuons, If they exist are not based
on the same legal grounds as the po iu-
tion attributed 10 the pup mill. The
mining corporations, he contends, could
not be indicted under the law for any
such poilutions should there be any from
Georges Creek. He refers TO the fact that
Georges Creek, into which the mine wa
ter flows, discharged its waters into the
Potomac before the pulp mill was built
yet no serious complaint was made by the
citizens OF Cumberland as to the quality
of the water. although Cumberland had
been getting its water supply from the
Potomac River for many years before the
pulp mill was constructed.
Colonel Pearre cites many authorities in
his reply, which covers twenty-nine pages
of typewriter legal cap. He refers TO an
Indiana case where pulp mill above In
dianapois was obliged 10 cease polluting
the stream. and in order 10 avoid moving
constructed a forty acre settling basin for
their refuse. He therefore does not be-
lieve, as is cOntended, that 10 compel
stoppage of the pollution would oblige re-
location of the works now at Luke.
He concludes as follows: Permit me to
suggest that a petition such you have
handed 10 me would legally and with pro-
priety be presented 10 the governor OF the
State. He is citizen OF Allegheny county
deeply interested in its welfare and ma
terial interests. and is perhaps better
qualified 10 judge OF the wisdom and pro-
priety OF abandoning these prosecutions
than anyone else. His power under the
constitution and laws. is ample, and he
acts solely upon the petition OF his fellow
citizens.
telegram received from Hagerstown
today stated that the court had decided to
appoint Robert r. Henderson as States at
torney 10 fill the unexpired term of Colonel
Pearre, who resigned to take his seat in
Congress. Mr.. Henderson is regarded as
one of the most capable men at the bar.
The court il is said considering the num-
Der of aspirants decided to select a dark
horse and thus the case of no candidate
for the Republican nomination in the fall
would be hampered or prejudiced.
Colonel Pearre. it is believed. will likely
assist the State in the prosecution OF the
pulp mill case at Hagerstown.