The Bridgeport evening farmer. [volume] (Bridgeport, Conn.) 1866-1917, 1916-01-15
TOWNS MUST KEEP
DRAINAGE BITCHES
OPEN TO TIDEWATER
Attorney General Human
Advises DR.. jenkins on
Mosquito Question.

Attorney-Genera1 George E. Hin
man has advised DR.. E. H. Jenkins,
director of the Connecticut Agricu1-
turaI Experimental Station, regarding
the elimination of mosquito breeding
places and areas. he opinion is as
follows:
Section 1 of Chapter 264 Of the
Public Acts of 1915 entitled An Act
providing for the elimination of mos
quito breeding places and areas"
reads as follows:
"The director of the Connecticut
Agricultural Experiment Station may
make rules and orders concerning the
elimination Of mosquitoes and mos
quito breeding places or areas, and he
OF. his agents or employees may enter
upon any swamp, marsh, or land to
ascertain if mosquitoes breed there
on, or to survey, drain, fill, or other
wise eliminate any huch mosquito
breeding places.
Sec. of said chapter provides
that:
whenever suff1cien funds have
been raised for the purpose by the
state, or by any city; borough or town
in which such swamp, marsh. or land
is located, or by voluntary contr1bu-
tions, said director shall drain, fiji, or
otherwise treat such place or area or
cause any such place or area to be
drained. filled, or mosquito breeding
therein otherwise eIirninated.i
Said section further provides for
notice by publication of orders made
under Section I, and appeal there
from by any person aggrieved."
In your favor of the 5th inst, you
state that in connection with said
statutory provisions:
1.-The question arises, must the df-
rector himself make a contract with
the party who will do thew ork of
drainage and must he be responsible
for payments, or may he cause the
drainage to be done by formally au-
thorozing the local voluntary or in
corporated organization. or an indf-7
vfduel to carry out thew ork according
to the directors plan and under his
supervision, but leaving such organi-
cation or Individual responsible for
making and fulfilling its or his part of
the contract?"
The provisions of the two sections
above referred to apparently contem-
plate the following procedure for the
elimination of mosquito breeding in
a specific place or area: First. an
a specific order by the director, under
Section 1 for such elimination in such
place or area together With a plan
for such elimination either formulat-
ed or adopted by said, director; second
notice of such order end plan by
DuDAcaL1On as pIzOV10Oo III zHoOSSAOAA q
third, if said order IS not appealed
from, or after the modification OF
such order upon appeal, the actual
work of elimination may be proceed
ed with, by the director and his en-
ployes acting under his personal
direction or he may ttcause" the work
to be done through agents, either in
dividuai or corporate, formally con
stituted and authorized. and under the
general supervision and control of the
director Such agent may, as such,
enter into contracts for performance
of the work of elimination in accord
ance with the approved plan. and
make the necessary payments there
under.
If the work Of elimination is con-
Quoted by the director without the in
PREVENTION of an agent, the funds, rails
ed or available for the purpose should
be turned over to said director and
payments made by him. Where the
funds have been raised by a muni-
cipaI corporation or similar organiza-
ton a logical and permissible course
would seem to be that the proper Of
fcers of such Corporation or organ
fzation be appointed by the director
as his agents to carry out the work OF
elimination under his supervision, to
enter into contracts therefor, subject
to his approval and to disburse said
funds In the dual capacity as ageni
for the director and officer of the
corporations
AS to the erect of the provisions
of Section 8 Of said chapter, it is man
datory upon the city, borough or town
wherein a. place or area has beer
| drained, to keep the bitches, canals
or drains connected therewith in re-
pair and, upon order of the director
| to construct and maintain suitable
tide gates. The provision permit
| ting the appropriation of funds en-
| ables the municipality to pay. the ex-
1 pense of the duty placed uponrit BY
| the preceding provisions of said sec.
| ton, and to raise funds. if desired
for the general purpose of elimination
under the act
Respectfully submitted
GEORGE E. HINMArJ,s
Attorney General.
| G1rroT.d9aad n All cr71+ on