New-York tribune., 1907-08-15
A S44,OOO,OOO PENALTY.
CITY SAID TO OWE 1T.
Merchants Association Wants State
TO Collect ,Sezcer Fines.

A petition alleging that New York City owes the
state over s4scoeo penalties for wholesale vio-
lations Of che laws OF 1 and asking that the
Attorney General ascertain TO what extent the city
is liable. presented 20 Governor Hughes at
Albany yesterday by Eward Hatch. jr., chairman
special committee Of the Merchants Associa-
ton
Before going Albany. Mr. Hatch wrote a letter
20 the Governor telling him of the mission that
would bring him TO the executive Office 1t has
taken Nr Hatch three morths to prepare his data.
and he has counsel to the liability of
the city before taking this step.
The petition is based Section IS. Chapter 46S.
Of the Laws OF 1903, which reads
NO municipality shall discharge or
cause TO be discharged into any OF the waters Of
this state, unless the shall have been per-
rnitted by the State ComrDissioner Of Health any
sewage any substance containing the
same in quantities injurious TO the public health
unless express permission 10 do so shall
have been first given in writing by the State Com
missioner OF Health provided in this article.
except as hereinafter provided But this act shall
not prevent the discharge Of sewage from any pub
lie sewer system owned and maintained by mt
rscfpality provided such sewer system
in operation and discharging reinse
matter into any of the waters OF
this state at prior 10 the time OF the passage OF
this act but this exception shall not per
mi. anv increase in the discharge of such sewage
nor shall permit the discharge from sewer svs-
TEN which shall be extended, modified or recon-
st-uc;ed subsequent 20 the passage or TINS act
In Section 1sD the penalty for failure 10 OBTAIN
,,cb hermit 20 discharge sewage from any public
sewer system of the state is $50, with further
penalty Of $50 for each day the offence is main
tasned The penalty for failure 70 make a report
IN the case of sewers existing at the time OF the
act Is $50 The petition states:
..ex hundred ard twenty-four sewers have been
constructed, extended modified or reconstructed by
greater New York subsequent to the passage OF
this act.
n
--;ca-iors should have heen made by the authorf-
ties having charge OF the sewer system to the
State Commissioner of Health for permit Ihis
not done
.sTr the State Commissioner q Health grants
hermit as the statute authorizes him 70 do. III
,,,st he recorded In the Office ct the county clerk
of the county where the outlet Of the sewer Is
located and copy OF such permit Is to be trans
,ns.te5 10 the board o. health Of same municipality
This not done
Two hundred and sixty-eight sewers were in
eris,ca eft the time Of and prior to the passage Of
-pss ac.. vet a report within sixty days by the
sewer authorities the Beard of Health OF the
municipality was iuperatively required
This and other provisions OF the act were dis
regarded according the petition II continues;
.sTaat the health OF the Inhabitants OF greater
New York is rnenaced by sewage polluted waters
Sc maintained by many experts Il2iided TO speak
r,no, the subject at state of the tioe Iecai
-,et.e- and 9th CT the worst description can De
sesn Boating about She piers and along the water
frart The stencil IS unbea-able and the nuisance
srtcls-ahle
charts compiled by DR.. Jackson. Of the Mer-
chants Association committee on pollution. ex-
tending from lsn 1907. indicate the prevalence
Of intestinal diseases the borders OF the NV
srs On either side Of and around Manhattan Island.
which diseases decrease IN intensity as the COM
mon centre OF Manhattan is approached and as
one recedes from the infectious influence OF the
seper-burdened water
enforcement OF the law would not It seems,
prevent the city from discharging its sewage into
adjacent waters. but would open the way for mod
sec,tsons and bettermen.s Of the situation. such
as installation OF screens ST tie sewer outlets and
the adoption OF method OF sewage disposal
or publication treatment
In closing TIE petition states: According 20 the
ir.orrnatior furnished by the authorities having
charge OF the systems in the different bor-
ousis .here are GA sewers which have been
constructed. modified extended since the
massage II this act. ard ALL it appears. in di-
rect violation Of the provisions OF the public health
law This law applicable TO the city Of greater
New York II there is any validity in the law.
According TO one Interpretation Of the law.
which does not seem TO be an unreasonable one
rhe civ Of greater New York would appear TO
he liable for penalties and fines for the violation
said law 10 the amount of s441ss.735 divided
anong the boroughs as follows: Manhattan. sl5.-
l5sico; Brooklyn, sis.os95lo; Queens, A5is.s5o;
Bronx s777l. SIS. Richmond, s6l2. 400
Il therefore respectfully ask that you exercise
che power in you vested TO compel the enforce
rnent Of this law that you direct the Attor-
neg General (or other proper authority TO ascer
tain whether the city OF greater New York has
not rendered itself liable for penalties and fines.
In speaking ot the petition. MI Hatch said:
The possible en0rmty Of the fine may stagger
the taxpayers Of greater New York but there
Should be no question about the collection of the
penalty. II a person expectorates the floor OF
a ferryboat cabin other public conveyance an
officer OF the sanitary squad hales him 10 police
court. where he is fined. An offence against the
health law by a corporation or municipality should
be deal, with quite severely an offence by
an Individual, and with Governor Hughess distin-
guished ability 10 apprelend the violators Of the
law as he in the insurance cases. the pollutors
of rivers and harbor may find themselves con-
fronted by & serious proposition
That there methods FOR the disposal OF
sewage and wastes is well established and many
OF the advanced centres OF population of the
Old Wcrld have abandoned the unsanitary prac-
tioe of using the streams and lakes common
ecavengers and adopted some method OF purifca-
lion treatment"
Extensive experiments were made TO prove that
the sewage going into the East and North rivers
was a source of disease. Flytraps placed at
intervals the piers each side of the city.
the trapped insects were then taken to a labora-
Tory subjected 10 examinations. and IL is said
that IN each instance it was found that matter
deleterious health found the feet or
antenae. This experimentation has been in prog
ress for several months. and Mr. Hatch said yes
zerday that there doubt in the minds of the
hac.eriologsts that che prevalence OF disease in
the poorer sections near the rivers, where flies
pest, entirely. or at least TO great
extent, due q the pollution Of the rivers by the
sewers. aIr Hatch said that the experiments would
continue and would prove convincing argument
in favor os devistns a modern method OF sewage
cisoosal.