The Birmingham age-herald., 1924-07-16
BOARD OF HEALTH WOULD RESTRAIN POWER COMP ANY
Injunction Sought To
 Prevent Menace In Reservoir At Can't,
State Capital Bureau


 MONTGOMERY, July 15.-A peti- tion for injunction against the River Falls Power company, charging that its reservoir at the power company's de- velopment at Can't, on the Conecuh river in Covington county, is so con- structed as to constitute a menace to public health, was presented today to Judge W. l.. Parks of the twelfth ju- dicial circuit by Attorney General Harwell G. Davis on behalf of the state board of health: The petition seeks an injunction to restrain the power com pany from maintaining the reservoir erected by it's dam at Can't until the company has complied with. regulations of the state board of health governing the impounding of waters in this state. The health board is represented by Attorney General Davis and Judge j.. J. Mayfield.
 Judge Parks set the case for hearing in the supreme court room at the capi- toI Saturday morning at 10 o'clock. Menace Claimed.
 The case is pronounced one of first importance as involving the powers and authorities of the state board of health Ito prescribe rules and regulations gov 4erning the impouRding of waters, to lsafeguard the pulslic health. It IS claimed that the fSSsfvoir of the River Falls Power compaAy at Can't has not been built in compliance with the reg- sulations of the state board of health and that as result of the improper i'm. pounding of waters there has been ere. ated a nuisance and a menace to the life and health of the people in the vicinity of the project.
 An acreage of approximately 1,OOO acres is covered by the reservoir at Can't, it is stated. In order for the power company to comply with regula- tions of the state board of health. 1t will not be necessary for the company to destroy it's present dam, but to open the gates and reconstruct the reservoir in a manner to meet the health re- quifements.
 It is claimed that as a result of the present condition of the reservoir 1t has become breeding place for malaria mosquitoes.
 Action of the state board of health was taken to safeguard the public health under authority vested in the board to prescribe rules governing the impounding of waters. The case IS therefore regarded as of great impor- tance as involving not only the au- thority of the board in this particular case, but the boards power to require all utilities to take proper precautions to protect the public health, in their water developments in this state.
 Nature Of Complaints
 The petition of the state board of health seeking to enjoin maintenance of the reservoir at Can't declared that the River Falls Power company had failed to comply with rules of the state board of health requiring that treesS brush and undergrowth in the reservoir should be cut off at least one foot below low water level in order to the surface of the impounded waters and had failed also to clear the shore line of such growth. It was stated that the power company proceeded with the erection of it's dam without obtain ing final permit from the state board of health.
 
 a clean basin where waters are im- pounded is absolutely essential in order to combat mosquitoes. Where logs, brush and other floatage is allowed to collect on the waters, it is stated that fish cannot get at the mosquitoes, and oil and paris green used to control them is not effective. It has been demonstrated in Alabama, it is stated, that where a clear basin is provided mosquitoes can be controlled, while without it control methods are worth less. Much malaria has occurred in the vicinity of the reservoir at Can't. it is stated. It was also alleged that the power company had not applied for a permit for the development to the probate office of Covington county.
 The petition prayed that the River Falls Power company be ordered to release the impounded waters at the Can't project and be restrained from impounding waters there until com pliance. has been made with the regula- tions of the state board of health to safeguard the public health.
 The complaint against the power company was brought under the style, the state of Alabama ex rel S. W. Welch, state health officer"