Every evening, Wilmington daily commercial., 1906-05-26

Eliza b. Howell has won her suit
against the borough Of West Chester,
Pa, a Chester county jury, after an
hours deliberation, having awarded
her damages 10 the amount of sGs7. 80.
She sued for $40, 600 and may take an
appeal on the ground that the award
is not adequate.
The action grew out Of the alleged
pollution, by the borough OF West
Chester, Of a stream flowing through
the plaintiffs farm, which, Incl
dentally, empties into the Brandy
wine. Because Of this incidental feat
ure, the Water Commissioners Of Viii
mington have taken great interest in
the case. The result in the opinion of
Chief Engineer Leisen and Bacteriolo-
gist kobin viii probably be instru-
mental IN causing West Chester 70
install q sewage publication plant.
which will take care Of some pollu-
tion which now finds its way into the
Brandywine. DIR. Robin and City So
licitor Townsend we're called as wit
nesses at the trial, the former giving
expert testimony.
francis Brinton who spent about six
and half years on farm adjoining
the Howell farm, testifies as follows /:
In 1904 ! was asked by the man to
whom / sold milk to remove the COWS
from the meadow for fear that their
drinking the water might affect the
milk. That was at a time when there
was considerable typhoid fever in West
Chester. We kept the COWS away from
the smeadow all that summer and put
them back afterwards. Z"
Prof. Z. b. Cochran, who had testi
fled for the plaintiff on the results Of
bis analysis of the water Of the stream,
gave many details Of INVESTIGATIONS
on the subject under consideration.
He stated that he had had some knowl.
edge Of this and other streams about
West Chester since 1881. He was
asked concerning the effect on milk of
COWS that drink water impregnated
with sewage and said: Il have said
before that did not regard it as good
for stock to drink such water, but
there is really very little evidence Of a
direct nature upon the subject.
have been to some trouble to look the
matter up and have found very little
of conclusive character. -
II am a member Of the Board OF
Health Of West Chester, 4" be said,
THE attention Of the board was called
to the condition existing. The soil of
all the central portion OF West Ches ter
is so impregnated with the discharge
from wells as to cause it TO percolate
into the springs and underground pas
sages. The sewage is added to this
and so the streams become polluted. -
The witness was shown by Charles H.
Pennypacker a copy of a resolution
adopted by the Borough Council in
1904 referring the question Of the pol
luted streams 10 the Board Of Health
for action. He stated that he remem-
bered having seen the resolution.
When asked what action was taken, he
said: "We held several meetings, per-
haps a dozen, consulted several ex-
perts and endeavored to find some ade-
quate remedy. II was thought that
some kind OF a sewage disposal plant
was necessary. and as the Board of
Health had no authority for spending
any of the borough's money the matter
went back to Council without recon-
mendation TO action. The Borough
Council has Investigated and employed
an expert 10 devise a plan. Council
further had a Typographical map of
the borough prepared and have them
selves visited other towns and in
spected disposal plants there. They
have purchased a farm into which II
is proposed to convey the sew &c and
there dispose Of it in a natural way.
David 4. Sharpless, a member Of the
Borough Council, was called and gave
the details OF the movement on foot
for the publication of the town and
the disposal of the sewage in a manner
that will not pollute the streams how-
ing out of the borough.
Some of the officials Of West Chester
are in favor of q disposal plant.
You have heard the argument of
some citizens Of West Chester, have
you notG' remarked Councilman
David T. Sharpless, yesterday that
IL would be cheaper TO pay the farmers
along the stream for pollution Of the
water than TO establish a disposal
plantY / suppose you have also heard
what the Court said in relation TO
punitive damagesY In these circum-
stances, don't you think that it is
cheaper to establish a disposal plant
than TO pay each farmer along these
creeks?"
lie then went on 10 say; 60 do not
know of a single we'll in West Chester
which is at present connected with a
sewer. Council has endeavored TO find
them, and those found have been cut
out. Yet we are mulcted in damages.
/ have 1t, on good authority, which
do not care to quote, that the city Of
Wilmington, Del, will take legal
action soon against West Chester.
can not say whether that will be in
the form of an injunction or tor dam.
ages caused by alleged pollution Of the
Brahdywine. It may be an injunction
and then what will we aofn
This question must be met. We
have endeavored 10 lind solution, and
the people will have 20 Dc eide whether
they want 10 make this loan 10 estab-
lish a disposal plant or not.