Putnam patriot., 1924-07-04

Health, issued some time ago, prohih. ting bathing in Roseland Lake. It is the opinion of the attorney general that the no-bathing order does not in volve property rights. but that the public policy of the state in protecting the public health has by statute so re- stricted the use of the property as Co justify the order.
 The Patriot communicated with Herbert W. Bowen of Woodstock, at. torney for the trustees of Roseland Park, and was informed of the decls- ion of the attorney general. Mir. Bowen expressed surprise that the at torney general could have reached any such decision from the facts of the case. and stated that in all probability the controversy will be taken into the Superior court. The trustees, he stat ed, will probably file suit. that the court may review the evidence in the case and hand down decision.
 Dr. Osborn Issues Order
 X few weeks ago notices were post ed at Roseland Lake at the instance of Dr. Stanley II. Osborn, commission CT of the State Board of Health, pro- hibiting bathing in the lake. His ac ton, he said, was based on the fact that the city of Putnam obtains its water supply from this lake and he found his authority for his action in Section 2545 of the general statutes, which says. Every person who shall bathe in any reservoir from which the inhabitants of any town, city or borough are supplied with water shall be fined not more than Sl00 or im- prisoned not more than six months or both"
 Mir. Bowen questioned the right and authority of the Health Commissioner to issue any such order. He forward ed lengthy argument to Dr. Osborn against his action. 1t was at this point in the controversy that Dr. Os= born referred the question to the At torney General and asked him to give his legal opinion as to whether or not the Commission acted legally in issu= ing the no-bathing order.
 Attorney Generals Opinion
 Attorney General Healy writes aa follows in hts official opinion on this question:
 The facts in this case can be stat ed briefly. The Putnam Water Com pany is authorized to furnish water for public and domestic purposes iii Putnam, Woodstock and Pomfret, was chartered with power to con struct, maintain and repair such reser- voir, or reservoirs as they may deem expedient and necessary, and to take and use the water of any spring or springs. stream or streams, or other waters to such extent as may be deem ed necessary and expcdient in carry ing into effect the objects of its in- corporation.
 To use the language of the brief on behalf of ROseland Park ''the rights of the Putnam Water Company to any water flowing from Roseland Lake are exclusively rights to the overflow at the dam at Har- risviile, somewhat over a mile from Roseland Lake. The Putnam Water Company bought the mill property and rights to the overflow of water there more than ten years after Rose land Park came into existence"
 The Putnam Water Company has not raised any of the questions inyoly- ed in this controversy, although its charter expressly gives it authority to preserve it's water supply free from all contamination.
 There is no evidence before me that the reservoir of the Putnam Water Company is within one hal mile of any cemetery and thus re quiring action by the court that itl location is of public convenience ane necessity and will not be detrimental to public health.
 Roseland Lake is natural pond oi lake, and has several small trlbu. taries flowing into 1t. and its overflow becomes part of the water supply which the Putnam Water Company furnishes for public consumption.
 The question to be decided here does not involve any property rights as between the Putnam Water Com pany and the abutting owners of land on Roseland Lake or it's tributaries, but is rather whether the public policy of the state in protecting it's public health has by statute so re- stricted the use of this property as to justify the order which the State Department of Health has already issued prohibiting bathing therein.
 The statute which forms the basis of your order reads as follows; tSec- tion 252s).
 '.The State Department of Health shall have supervision over all matters concerning the purity of any source of ice or water supply used by any municipality, public institution or water or ice company for obtaining ice or water. The term source of water or ice supply shall include all springs, streams, water courses brooks, rivers. lakes, ponds, wells ol underground waters from whief water or ice Is taken, and all springs streams. water courses. brooks, rivers lakes. ponds. wells or underground waters tributary thereto and all land drained thereby"
 Section 2544 makes it a crimina offense to bathe in or psilute a watel supply and the language of the statute reads:
 Every person who shall bathe h any reservoir, from which the inhabi tants of any town. city or borough arr supplied with water. or ia any lake pond or stream tributary to suel taaatvofr nv trhn nhall eaat anv filth,