Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-12-03
REMEDY LIES IN COURT
Opinion as to How to Stop
Pollution of Potomac.
VIEWS OF GEN. DAVIS
United States Would Be Originator
of Legal Action.
DISTRICT NOT PARTY TO SUIT
Washington Aqueduct Instrument
of General Government-No Ac-
ton Now Contemplated.

That courts of the United States may
be invoked - the general government
for the discontinuance or abatement of
any nuisance which may be found to ex-
ist due to the pollution of the waters of
the Potomac river Is the opinion of Gen.
Davis, judge advocate of the army. The
opinion is approved by Secretary Wright.
The question was presented by Maj
Spencer Cosby. Corps of Engineers, in
charge Of the District water supply sys-
tenn. who inquired as to what proceed
ings. II any, can be taken. under section
1908. Revised Statutes, to prevent persons,
communities. corporations, etc, from pol
luting the waters of the Potomac river
above the intake of the Washington aque-
duct at Great Falls, Md"
Maj. Cosby represented that while there
are but few severed towns on the Poto-
mac watershed above Great Falls at the
present time, it Is considered important
that no material increase in such pollu-
ton be allowed.
Gen. Davis Views.
Judge Advocate General Davis reviews
all the laws bearing on the subject and
gives his conclusions as follows:
Although, in 1he case of the Washing
ton aqueduct, two states of the Union
are not parties to the action. it will not
be denied hat wo sovereign states-the
United States and the state of Mary.
land representing one of it's Incorporated
instrumentalitieS-d stand in the rela-
tion of parties in respect to this matter;
the United States acting as the sovereign
of the District of Columbia In virtue of
the grant of power in the Constitution,
which vests in Congress authority to
exercise exclusive legislation in all cases
whatsoever over such District mot exceed
ing ten miles square as may by cessioD
of particular states. and the acceptance OF
Congress. become the seat of the govern
ment of the United States
1T has been seen that the Washington
aqueduct Is an instrumentality, not of the
District of Columbia as a political entity,
but of the government of the United
States, which is necessary to the existence
and operation of the general government
In the place set apart for its exercise of
governmental functions in the federal
District: and that, upon proper showing,
such extraordinary remedies as the Cir
cumstances seem to demand may be ap-
piled by the proper courts of the United
States, on the application of the general
government. and with a view to the dis
continuance or abatement of conditions
which are calculated to render the water
supply OF the governmental agencies es-
tablished In the District of Columbia i'm
pure or otherwise unfit for the use for
which, in pursuance of appropriate acts
the said federal District.
No Present Necessity.
1T is conceded that no present necessity
exists for the application of an extraor-
binary remedy to the existing conditions
in the upper waters of the Potomac river.
When those conditions become such, how
ever. as to constitute a menace to the
operation of the auueduct Ii Is the view
OF an q
may be, invoked in its behalf with view
to the diScontinuance or abatement OF
any nuisance which may be found to
exist due to the pollution of the waters
of the Potomac river.
1t is therefore the opinion of this Of
flee that section 1896. Revised Statutes
does not provide remedy for the con-
termination of the waters of the Potomac
river by sewer systems and other sources
Of pollution installed by municipal corpo-
rations and incorporated towns upon the
upper waters of that river. 1t is also
the opinion of this office that the proper
remedy for that state of affairs. when It
is found to exist, is by writ of injunction
1.-THE form of remedy however. will de-
pend to some degree upon the extent of
the pollution and It's source. So soon as
those incidents can be reasonably deter
mined, and having regard to the extern
sve powers which are vested in the Con-
Iress in respect to the government of the
District of Columbia. 1t is suggested that
the matter be brought to the attention OF
the legislative department of the govern
ment with view to the application OF
such a remedy may be demanded by
the conditions of pollution which may
be found to exist
Secretary Wright forwarded the opinion
OF the judge advocate general to Chief of
Engineers Marshall. expressing his con-
currence in the views expressed by the
law officer of the army. That opinion will
hereafter govern the action OF the engi-
neer officer in charge of the District
water supply system in all cases of poll
luton of the Potomac river above Great
Falls.