New-York tribune., 1905-08-01
THE BAYS DEFILENENT.
Water Parks of City Should Not
Be Polluted By Smoke.


To lile Editor OF The Tribune.
Sir; Your editorial in The Tribune OF July "a IN
AN Evil of the Waters" referring 10 the increas-
Ing dishgnrenent of the atmosphere of New-York
Haroor and adjacent waters by the discharging OF
oiacA smoke from steamers and tugs, is timely and
pertinent The case is which admits OF neither
denial nor excuse and possesses valid claim for
toIeratlon The same reasons which warrant tha
New-i ork City Board OF Health in abatinp the
smoke nuisance on land equally warrant the proper
authorities in similar measures on the waters OF
the Bay and neighboring waters
After referring the Importance of s,,ppress,nr
the evil. you say:
The partition of authority among two States and
c1II- re- d government may make the matter diff
with In some way. and the air Of The bapbor en he
hepi at ieast as crystalline that OF the city
Aithough the matter of smoke regulation on the
.t' na. por ihVoives legal questions which lay
opiiloh is haole TO error. II would seem that the
question OF jurisdiction is perhans loss co-,rIax
'Hah the above quotation would lead one TO CON
e' Ne4ther NeW-fork nor New-Jersey has ever
siaileo sa 10 the federal government. nor has the
Aeusi"I government ever assumed sanitary control
OF NeW-York Harbor and adjacent vpaters -h,.l
CoHsIess old in 1899 pass an act prohibiting tho
ulscnaFse into navigabe waters of certain classes
- pou1ihg materials. As between the TWO States
attention may be called the fact that rbe ra+ter
- ~ 'iie sanitary control of the waters of tho North
hiFei ana New-York Bay was long ago rnutroUv
- e Gu ana adjusted between the two States
-. - -NN d treaty or agreement. was entered into
e'~eeh tN New-fork and New-Jersey relating 10 the
DouNuaIy line separating these States which toun-
"-S' the agreement stipulates should from the
usI degree Of north latitude to the sea be the
80 t o1 % the hudson River of the New-York Bay
Oh Ihe Kills and Raritan Bay tc = sea, except
- "eteinaIter otherwise particu4 ,-y mentioned"
IN, @ VI the exceptions TO the ar We IS the follow
Ne "hlch forms part of Article of the said
treaty. agreement:
=, The State OF New-York shall have and orto-- -.
the Bay5 ns N OF and over all the waters Of
Setta5 Of the Hudson River lying west of Nfa
sPuyten D Creek and S99'a Of ana Of o [he mouth mo Of
western 9g or sla Ta1sEs to s low water on the
the stats a g9fs Of property and of jurisdiction Of
sat- - H OF property and jurisdiction OF the
state OF New-Jersey" above mentioned aro 49,
enumerated. and include the right - ~ 10 10 'iieH
uei water west OF the centre of the straar, ~
~!U--su4o'ioh ~ over all wharves. docks and iunrova
oI 'I 'le New-Jersey shore. well as over
vessels aground on the Jersey shore ar fastened
10 any dock or wharf thereon. excen+ +b.+ 80
vessels shall be subject TO the quarantine o. 49,
Jaws and laws in relation to passengers NJ +ba
state OF New-York. which now exist or vrbtob 49,
iieieNAtef Dc passed Attorney General John Cun
neen In a report made TO the Nev-Yorl Pav poI
tu'ion commission of the State Cf Nev-York on
OCTOBER L. 1904. referring TO the above interstate
treaty or agreement and to two court decisions on
the respective rights Of the two States under this
treaty, says:
thai Iotb peTusai OF these two it will be seen
hS 70 az The ahe waters Of the Hudson River and
Iof sanitary and quarantine purposes.
Also. in one Of the above decisions that NJ The
People of the State OF New-York against the Cen
tral Railroad Company OF New-Jersey, reported in
II N y, page 2s5, the following rule was estab-
hshed as to the Jurisdiction Of the State of New
York over the entire waters OF the river and bay:
tn ba
vessels, ships, boats or craft of every kind that
did or might float upon the surface of said waters
ana over ali the elements and agents of commerce
while the same We're ahoat in or upon the waters
purposes and TO secure the observance Of ali the
rules and regulations for the protection of passe
Sroi designed to secure the interests Of rade G a9d
commerce In said port Of New-York and TO pre-
serve therein the public peace.
The above would seem clearly to give to the
State of New-York the right TO re yuate the pro-
duction of smoke a sanitary measure at all
points on the waters Of the river and bay This
State jurisdiction, however, must be exercised by
the city Of New-York which covers the territory
in question. Section L16S of the Charter OF the
City Of New-York. defining the powers of the De-
partment of Health reads:
The authority. duty and powers OF the Depart
YORK ana the waters adjacent thereto within the
jurisdiction of said city, and over the waters of
lished by law. but shall not be held 10 interfere
with the powers and duties OF the Commissioners
AS the quarantine limits, under the treaty above
referred TO- extend to the New-Jersey shore, in
Guiding vessels lying at wharves or docks on the
New-Jersey side, and the powers and duties of
the Commissioners of Quarantine and the Health
Officer OF the Port confined TO quarantine mat
ters. Il follows apparently that the Department
of Health of the city of New-York already has
full powers and authority deal with sanitary
and health matters, except quarantine, at ali
points the waters of the river and bay; and as
the have recognized the regula ton smoke
production and prevention land one Of the
functions of the Department of Health there would
appear escape from the conclusion that the city
Department Of Health now has full ard exclusive
jurisdiction over smoke regulation the river
bounds of the city of NewYork. and also the
New-Jersey shore.
If this supposition is correct the suppression of
smoke from the river and bay should present
great difficulty. The matter of bringing about the
abatement of smoke produced on the New-Jersey
shore is of course, different and a more difficult
matter, unless interstate comfy here be in
"oked. is being done in several places in this
State in the matter of the sanitary protection Of
interstate streams forming the sources of potable
water supplies.
The greater New-York public will me day come
TO appreciate better the priceless value of their
Incompatible urban waterways and water parks.
and better appreciatiug, will better protect them
from every avoidablc form of defilement, in the
air above as we'll in the waters beneath
OLIN II. LANDRETH.
New-York Bay Pollution COMMISSIONS.
Union College Engineering School, Schenectady.