The Birmingham age-herald., 1924-07-20
POWER COMP E FIGHTS CLOSING \ OF RESERVOIR < Claims Andalusia And !. Other Towns Would ! Be Denied Power HEALTH NUISANCE
 CLAIMED BY STATE Judge Parks Takes Case
 Under Adyisement Fol-,
 "a. lowing Hearing
. tstaae Capital Bureau

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 MONTGOMERY, Alas, July 19,- The petition of the, state board of health seeking an injunction against maintenance of the reservoir of the River Falls Power company at Can't on the Conecuh river in violation of regulations of the state board of health, was argued and submitted before Judge w L. Parks of the twelfth judicial circuit today. Hearing was held in the supreme court chamber at the cap 3tol> Judge Parks took, the case under advisement. s1
 The state is seeking an injunction to compel the releasing of the impounded waters at Can't until the utility has compiled with the regulations of the health board. It is claimed that through failure of the Power company to cut trees and brush below the sur face and to clear the shore line, float age has collected in the basin and 1t has become a breeding place for ma laria mosquitoes
 Argues For State
 Attorney General Harweu c.. Davis delivered the opening argument for the state board of health He declared that the board has authority to pre- scribe rules and regulations governing surrounding waters, citing the law to that effect, and that the reservoir at Can't has become a public nuisance and a menace to the health of the com mrnity-
 Judge J. J. Mayfield, who also argued the case for the board of health, declared that the regulations prescrib- ed by the board have the force and eff feet of law, He declared that to have the advisabihty of applying health reg ulations decided in each individual case by the courts or jnries would be to take away the power which the legislature had vested in the health board. An in teresting feature of his argument vas the statement that the United States authorities have given assurance that they will comply with. health regula- icns of the state board of health in the great development of Muscle Shoals.
 Would Mean Loss
 The injunction was fought by the power company on Nbe ground that the release of the impoHnded waters will create stagnant pools all over the 1n- undated area, creating thousands Of breeding places for mosquitoes; will cause a loss to the company of more than S75,O0O; will deprive Andalusia and surrounding towns of electrical current for a period of from eight to 10 months. will seriously impair the health of the community. Ray and Marion Rushton of Montgomery and A. B. Powell of Andalusia, represented the, Power company.
 The attorneys for the power com pany presented evidence to show that fhe lay giving the power to the board of health had been passed after work on the dam began; that the board of health. through Dr. Welch had desig~ mated Dr. Smiley, county health officer for Covington county, as supervisor Of fhe work and that all his requirements had been met, that after the work had been completed the authority invested in the doctor was withdrawn by the board of health and that new regula~ lions had been laid down, that these requirements would be effectually met when the water was raised five more feet and that this would be done when the public bridge, now above the dam. Nvas removed to point below the dam, a piece of work which has been agreed upon by all parties concerned.
 Say Health Better
 The defense also brought affidav1ts from many doctors in Covington coun- fy to the effect that the health was bet ter in that section than ever before. It was shown that there were Il cases of malaria in the district in 1922 before the waters were impounded; seven in 1923 during a part of which year the waters were impoundedy four in 1924 so far,
 They presented affidavits from reli- able citizens living within mile and half of the impOunded waters to the effect that the mosquitoes were less numerous now than before the inn bounding of the water. It was argued that the flight of a malaria-carrying mosquito is but one mile and a quarter,
 They declared that all Andalusia would be deprived of lights and ice for 12 months,
 They also declared that the order of the board of health was not minor but major regulation and contrary to the spirit of the law. It was, in effect, they said, legislation by a body having no authority to legislate.
 No project constructed under the laws of the land can become nuisance they declared and only individual cit izens have caused suit if their property is damaged.