The New York herald., 1921-11-27
OIL BURNER FINED
! FOR POLLUTING BAY
TI. s. Ends First Prosecution
Against Vessels for Dis
charging Petroleum.
GRAVE FIRE MENACE
Practice Hurts Bathing Re-
sorts and Drives Fish Far
Out to Sea.

What Is said to be the first prosecu-
tion by the Government against vessels
which pollute the waters of New York
harbor by d!scharging oil was completed
yesterday when Judge Learned Hand
in the United States District Court i'm
posed a fine of $3.50 against the steam
ship Santa Tecla, an oil burning vessel
Of the w. r. Grace Steamship Company.
This was the minimum fine called FOR
by the statute, the maximum OF which
s 1880.
The Santa Tecla, while doclled at
Pier SO, South Brooklyn, In February,
1920. was being supplied with oil for
fuel when the tank overflowed through
the carelessness of an attendant. and
considerable amount of oil was spilled
into the water of the ilarbor. Captain
Campbell, Supervisor OF the Haroor.
made the complaint on which the suit
was brought and Assistant United States
Attorney Mary r. Towle prosecuted the
case for the Government.
The question of the waste oil which Is
discharged from vessels in the harbor
has long been discussed by fire preven-
tion men, and at various times has re-
ceived considerable attention. Com
plants from resorts all along the Long
Island and New Jersey coast have been
registered each year and various plans
have been advanced to remedy the con-
dtion. This is the first case which the
Government has prosecuted in the matter
of harbor pollution by oil burning and
cargo vessels. Fire Chief John Kenlon
recently declared the amount of oil float
ing on the waters of the harbor consti-
tuted grave fire menace to New York,
Brooklyn and New Jersey.
Action TO effect Congressional legisla-
ton of a more stringent nature to pre-
vent the discharge Of oil into the waters
of the harbor was taken by an associa-
tion last summer and was headed by
Health Commissioner Royal $. Copeland.
An inspection of the waters about the
city showed that the quantity Of oil
floating on the surface of the rivers and
harbor was considerable and not only
constituted fire menace but was doing
damage along the coast resorts. In
some resorts bathers emerged from the
surf covered with black tarlike surfaces
OF oil. which had been washed in from
oil burning and oil carrying ships.
In writing his opinion on the case
Judge Hand held that the petroleum
was inflammable. and consequently
within the meaning of the Government
statute which prohibits the dumping OF
Constructive or injurious substances"
into the harbor waters. In his opinion
Judge Hand wrote In part: Petroleum
floating on top of the water Is highly
3nflamma BILE and there have been seri-
Gus fires in this harbor caused by It's
presence alone. hold that petroleum
is within the meaning OF the Govern
ment statute"
In imposing the minimum Nne Judge
Hand said he did so because this was
the first case of it's kind and that the
amount of oil discharged by the Santa
Tecia had been slight, and therefore
the minimum fine was sufficient. Ex-
perts have declared that the consider
able amount of oil which was being
dumped into the waters Of the harbor
and ocean was responsible for the poor
catches of fish at the fishing grounds,
the fish being driven to sea by the
floating oil.