The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1909-10-28
PROBLEM OF SEWER
IS S|MPL|F|EO
OPINION FROM ATTORNEY GEN.
ERALS OFFICE suSTAINs THE
mIssoULA CONTENTION.

That MissouIa will be ahis t, use
the river for the disposal o: its sew
age seems very probable in the light
Of the opinion of the attorney gen.
erals office as conveyed in a letter to
DR.. futile. secretary OF the state hoard
of health The opinion sustaius the
contention Of Mayor Logaa and City
Attorney Woody and Their appears TO
he nothing in the way OF the adjust
ment of the disagreement which has
existed between the city ajninistra-
ton and the state board III health.
The letter from the attorney gen.
erals office was written 20 DR.. Tu,tla
in response to the doctors rcques:
for legal advice. after an extended
conference with Mayor Logan and. En-
eincer Swsaringon. who has the task
Of preparing the plans TOT Missoula's
new sewer system. \ copy of this let
ter was received yesterday ny Mayor
Logan: the text Of the communication
Is as follows:
Helena. Mont, October -. 1909.
Dr Thomas d. futile. Secretary State
Board of Health. Helena. Mont.
Dear Sir: am in receipt Of YOU;
letter Of october : asking my official
opinion as to the construction /" be
placed upon chapter III. session laws
of 1907
The question contained in your let
ter rcvolvcs itself into . construction
of section 1864. revised codes. This
section prohibits the dumping OF sew
age. drainage. refuse or pNiiatins mat
ter Of any kind into any spring pond,
lake or stream used as a source CT
water or ice supply by city. town
ar public institution, or water or ice
company for domestic use. and also
contains clause restricting the in
PRODUCTION Of human cxcremcnt into
any such stream. spring. LAKE or pond,
or upon the banks thereof, or into any
feeders thereto.
IL is my opinion that the sewage of
the city of Missoula may not be intro
/ duced into the Missoula river if ii
| shall appear that such stream is used
TOR domestic purposes, or for making
! ice which may he applied to domestic
/ use. However, II. as the officers OF
I the city of Missoula say. the water is
not used for domestic purposes, then
| the inhibition contained in section 1864
! does not apply thereto.
| advise you that your board has
! power under this section to consider
the future use that this stream may
/ afford to residents along its banks, and
{ al. hat 81, In
/ dealing with this question. the fact
+ that the stream Is polluted by the in
! PRODUCTION OF poisonous substances
! above the city Of Missoula. as til,
/ statute especially includes pollutinl
matter which. either of itself or i'm con
ncction with other matter. may rendel
! the stream impure.
The burden Of proof as to whether
or not the stream is used at all foi
| domestic purposes should rest upon
the municipality. and in the event tina
! any order Is made by your board i
should take notice of. and give warn
| ing to. the city OF Mlssoula that II
the event that the stream is hereafter
used. If not at present, for domestic
purposes. that in that event proper
| disposition Of the sewage must b'
found by the city. Yours very truly
| ALBERT J. GALES.
Attorney General.
This is just what We have contend
ed" said Mayor Logan yesterday. Il
places the burden of proof upon Il:
and we shall have to show that tn
river is not used for a domestic waite
, supply below here. We can also shoy
that the river is polluted before i
reaches us. All the drainage from TIN
Butte mines, all that from the Ana
canda smelterS. the refuse from Dee
/ Lodge. Garrison, Gold Creek. Bear
. mouth. Bonita and Bonner enters TIL
! river. directly or indirectly. before tn
stream gets to MissOula. How gu
drainage can hurt 1t Is something tina
| cannot understand. | am confiden
! that We shall have no trouble in max
ing out IA ease and believe that TIL
stale board of health will be goserne
by the attorney generals opinion