New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1902-06-26
RITES REPLIES TO DOCGHERi1
HE GIVES THE WATER COMMISSIONER NO
ALTERNATIVE AGAINST USING SOFT
COAL-LEDERLE ASKED TO
AMEND CODE.
AMEND CODE

Corporation Counsel Rives yesterday told Water
Commissioner Dougherty. regarding the use or
soft coal. that IL was the Commissioners duty 10
supply the water and also his duty not 20 violate
rho provisions Of the Sanitary Code He pointed
out that the Sanitary Code made no mention OF the
use soft coal merely saying that smoke cinders
etc must not he offensive. He told Mr. Dougherty
To confer with the Health Commissioner. II a
smoke consumer could not be obtained. and try 10
have the provisions of the code modified The
opinion Is follows
In reply your communication have to say
that ! quite appreciate the difficulty OF the s5na
ton and also that you may be greatly ernoar-
raised by conflicting provisions of law on the one
TevYork water which is necessary, only for the
extinction of fires but for the protection OF PUBIC
health on the other hand your duty IS equally
clear violate the provisions OF the SANITARY
would call your attention. however. in the first
place the fact that there Is no prohloitlon IN
IS 9rnvsi3n in question is isecon 1870 that
person shall cause or allow any smoke cinder RS
discharged from any building, place or premises.
against The use Of any special kind of coal but is
positive regard to III" escape OF any smoke
which may he offensive or dangerous to the public
smoke is the almost necessary result OF the use OF
soft coal. unless efficient smoke consuming devices
fort P6 o Obtain supply CT coal which viii not give
forth smoke in violation of the Sanitary Code:
soft SC T' coa o to say that it is dcu obtain hard
coal To Justify you in cqnn s 10 , produce Is of
efficient smoke consumer cannot be procured or
that the purchase of hard coal is absolutely impos-
sible and not merely difficult.
Assuming that you buy no hard coal ana
find no means either by smoke consumers or other
methods of burning soft coal in manner which
does not violate the provisions of the Sanitary
Code then it is my opinion you should apply to the
Roa rd of Health a modifica ton of Section 13i
of the Sanitary Code In view of the present erner-
gencv The Board Health is charged with the
protection of the public health and safety, and 1t
IS NOT conceivable that 1t would compel you to dis
continue furnishing water to the entire Borough OF
Brooklyn and a portion Of the Borough OF Man
ha ttan. -, 49,. - ,
7 think it is perfectly possible to frame an amend
r,ent TO Section of the Sanitary Code which will
give the Board of Health power TO suspend or
| modify the provisions Of that section in cases of
snecial emergency. which suspension or modiflca-
ton can be guarded by the power of inspection
as to prevent abuse | would suggest. therefore
! an immediate conference with the Board of Health
upon this subject. which prompt action is ap-
parently necessary.
Commissioner Dougherty of the Department of
! Water Supply Gas and Electricity. has asked Com
missioner Ledere of the Department of Health 10
amend the Sanitary Code so as TO permit the use
of soft coal in emergencies such the present
one caused by the coal strike. Mr.. Dougherty has
been compelled soft coal in some OF the
pumping stations because the coal contractors have
| been unable furnish anthracite coal. according
| to their agreements with the city. Mr.. Dougherty
has threatened forfeit the sureties of the con-
! tractors but they declare that they helpless
| Mr. Dougherty believes that the Sanitary Code Is
| prepared by the Health Department. and that any
| of its provisions may be waived for time the
will of the Health Commissioner