The Birmingham age-herald., 1924-07-29
BOARD OF HEALTH
 LOSES FIRST TILT IN CAN'T FIGHT.
State Denied injunction Restraining Maintenace
 Of Reservoir
tstate Capital Bureau.) /

MONTGOMERY, Ala, July 2S.- The state board>of health lost the first phase of its fight Nto restrain the River Falls Power company from maintaining it's reservoir at Can't, on the iConecuh river in Covington county, until health regulations have been compiled with, when Judge W. l.. Parks of the Twelfth judicial circuit, denied the petition of the board for a mandatory injunction in the case. Attorney General liar well G. Davis, who represents the state in the case, was notified today of the decision of Judge Parks in deny ing the petition for temporary lnJunc- ton to compel release of the waters im- pounded at Can't. There will be further hearing before Judge Parks be- fore a final decision is handed down in the case.
 The state board of health sought to compel the release of the impOunded wa ters at Can't on the ground that the River Falls Power company had dis regarded regulations of the board reia- tive to clearing the reservoir of the trees and brush. It was claimed that, as result of this failure, the reservoir had become a public nuisance and a menace to health through breeding of malarial mosquitoes. An injunction against maintenance of the reservoir was sought, until the power company has complied with the state boards regulations governing impounding of waters.
 Would Cost $75,OOO
 The power company contended that granting of the injunction would cost it about $75, 600 and deprive Andalusia of power for eight to F months, it was also claimed that the company in its development had carried out health measures suggested by Dr. w. c. Smile, county health officer of Govington county, who, it was claimed, had been given supervision of the project.
 Judge Parks in his opinion referred to the affidavit made by c. A. O'Neal, representing the power company to the effect that he had conferred with Dr. s. w.. Welch. state health officer, and had been informed by Dr. Welch that he was leaving the supervision and direction of the precautionary meas ures at the Can't project to Dr. Smile, the COvington county health officer.
 Proper And Legal
 This statement is not denied, either by Dr. Smile or Dr. Welch." Judge Parks opinion stated. If the inter- pretatiOns of the regulations and the direction of their enforcement. as hp- piled to the particular case in ques- tlon, was referred to Dr. Smile by Dr. Welch, it was proper and legal under Section 7O6 of the code as amended by acts of 1919. and would relieve the respondent of the imputatiOn of the violation of said regulations.
 "The evidence favOrs the contention of the respondent that the impounding of the waters has not brought about such change in conditions as to en- danger the health of those who live within a distance of one and a auar- ter miles of same.
 "A discussion of the facts is mt necessary. It is enough to say. that being mindful of the importance of the eas@ l have given it careful consider atlon and do not believe should grant the order for mandatory injunction. An order denying the injunction will be lndOrsed on the bill"