The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1904-11-12

bonus to farmers below It's ore washer
to indemnify them for damage. There is
considerable doubt In the minds Of some
whether, With the present law, II Is pos
slble to prevent the pollution OF streams.
To one who will take the trouble to look.
into the matter 1t Will be found that In
The common law there is sufficient means
OF dealing with the matter An unbroken
limo OF decisions from the lowest TO the
highest courts OF the law In most OF the
States, awarding DANA ges or ordering the
cessation OF the nuisance, is evidence OF
the sufticiency of the present means OF
dealing with the matter. Almost every
conceivable aspect Of the case has been
called INTO review and contested and the
decisions Of the court have been with
singular uniformity against those who
cause the pollution of streams.
The method Of dealing with the inntter
Is simple and effective. Those who are
damaged by the pollution of waters on
which they live or do business should
unite In a petition for an Injunction from
tho proper court to prevent the nuisance.
a fund should be raised to secure the best
legal ability as counsel, and preparation
Should be made to- carry the matter up
to the highest court OF appeals II neees-
sary.
An instance OF tho effectiveness Of this
method Is seen Iii a, case in 1907 before
tile United States Circuit Court OF Ap-
peals In John l.. Thropp. appellant, VS..
Tho Harper's Ferry Paper Company, APP
pellee,in ali appeal from the decision OF
t,.e lower court. The Etst5 OF this decision
is as follows:
The Circuit Court Of the United States
for the Northern District of West Viz
gipia granted perpetual injunction re-
strainin; and inhibtins the defendants
from In any. wise polluting and contami-
mating the Potomac river by running into
lit waste water from defendants washers
and machinery at Virginia Ore Bank IN
Jefferson county w. Va. From that dc.
cree the defendant appealed. Inc appeal
twas; argued before the United States Clr-
cuff Court Of Appeals, Fourth Circuit,
by Morris, district Judge, sustained
tho Injunction. Tho Court advised the dc-
PENDANT 10 cndeavor to devise some
nrethod OF correcting the nuisance by
erecting settling ponds.
II This decision Is interesting and IN por-5
tant, since 1T involves the Identical Is
sues that are att stake in our own State.
IT shows that those who do business or
reside on Il stream have a. right 70 the
use of tho water uncontaminated by
previous pollution by other parties The
trouble being created entirely BY the me-
cbanical means adopted to cleanse the ore
the obligation rests upon those who cause
It to exhaust all reason able M cans 4 @
prevent injury to- those who are entitled
10 he. ;,se8of the river wa ter and II these
fail 70 desist., That the mlning and manu-
Featuring companies operating Y, our
State have not made an; attempt to solve
the problem OF dlsposing OF their refuse
and waste water without running IT into
our streams, is only too evident. And i
| Is hardly to be expected that they Will
do SO as long as no effort Is made 70
com pei them. @ 5s8 ts5lg#
All that is needed to procures5a release
| from all unnecessary and njurlous null
saace il thnt those Interested in abolish
Ing It act promptly, intelligently, and In
| unison. S9 5s vi 4 y. W.