Mott. I did not visit any portion of the Kayaderosseras creek above the sewer outfall, but collected information from numerous parties conversant with the upper portions of the creek.

My instructions to investigate the complaints referred to me, which complaints attempt to specify the causes of the unsanitary conditions, naturally call for two quite distinct determinations: 1, An examination as to the reality or actual existence of any ground for complaint, and 2, an investigation as to the cause of the unsanitary conditions, in order to intelligently reach the question of remedy.

Concerning the first of those two determinations, I am fully prepared to report that although at the present season of the year the conditions complained of are at least evident, still from all evidence collected I am convinced that there is ample ground for complaint and that a grievance actually exists similar in character to that complained of in the paper sent me. Ordinarily my report would also cover the second portion of the investigation, but in this case, it appears to me very evident from the facts ascertained by me, that a very considerable portion of the evidence which will have to be secured in order fully to locate the cause or causes of the conditions complained of, will have to be looked for from persons who may not be willing voluntarily to give all the information needed. To begin such an investigation and find it limited in extent by the willingness or unwillingness of important witnesses would either result in an incomplete and useless undertaking, or would delay the proper investigation. I am, therefore, of the opinion that no proper investigation of the causes of the conditions complained of, nor in fact of the true extent of the conditions without waiting for a recurrence of the summer months, can be made without a judicial investigation or inquiry made with due authority to call for persons and papers. From the evidence secured I am of the opinion that a public nuisance exists and that the rights of the public are seriously impaired; these rights in this particular case are represented by numerous individuals whose interests are extensive; and these interests are not only being injured by the public nuisance in proportion to the severity of the conditions. and the duration of their existence, but are actually in danger of destruction or serious permanent impairment, from the nature of

112 ANNUAL REPORT OF THE STATE BOARD OF HEALTH

these interests which principally depend on the maintenance of sanitary and agreeable conditions in the streams and lake concerned and to which the complainants and others stand in the position of riparian owners. The public, as represented by these complainants and others, is clearly entitled to a reasonable degree of promptness in the abatement of the conditions found to exist. Under these circumstances I do not think it desirable nor necessary to wait for a return of warm weather before making the investigation into the causes of the detrimental conditions.

I, therefore, respectfully request that you instruct me whether to continue the investigation to cover the causes of the conditions complained of, as I may be able to perform it; to wait for a judicial investigation by the State Board of Health, or a committee thereof, having power to subpoena witnesses and thereby make the investigation an exhaustive one, as the conditions and circumstances attending the results will probably require that it should be. Such an investigation while being judicial will necessarily be largely technical and hence if entered upon, it should be carefully worked up in advance.

I beg to recommend strongly the latter option.
I am, dear sir,

Very truly yours,

OLIN H. LANDRETH,

Consulting engineer

ALBANY, December 22, 1898

Hon. FRANK S. BLACK, Governor of the State of New York, Albany, N. Y.:

Dear Sir-I have the honor to transmit herewith, a copy of the report made by Prof. Olin H. Landreth, upon his investigation as to the alleged pollution of the waters of Saratoga lake, complaint of which was referred by you to this board October 6, 1898. Very respectfully,

BAXTER T. SMELZER,
Secretary

Special Investigations and

Reports

8

GLEN COVE

GLEN COVE, L. I., May 17, 1898 Dr. BAXTER T. SMELZER, Secretary New York State Board of Health, Albany N. Y.:

Dear Sir-Agreeable to the request contained in your letter to us of September 7, 1897, to keep you informed regarding the sanitary improvements to be made at our works at Glen Cove, we would respectfully submit the following:—

The cypress tank, spoken of by Prof. Bradley, has been completed, and is now in operation; we have had it in use for about six weeks; in our opinion it is doing all that we expected of it. The filling in, which we told Prof. Bradley would be done, has also been completed; these are the improvements contemplated at the time of his visit here, but we are now supplementing this work by building a conduit outside of the gates to a point near the end of the dock, where the waste waters will be discharged into a more rapid current; this work we expect to complete in about a week or ten days. We are quite confident that the improvements made will remove any cause of complaint in future, but it would be a satisfaction to us if your board should see fit to send an inspector here to see what work has been done. Very respectfully yours,

P. H. GRIMM,

Supt. National Starch Mfg. Co.

ALBANY, May 18, 1898

P. H. GRIMM, Supt. National Starch Mfg. Co., Glen Cove, L. I.:

Dear Sir-Your letter of the 17th instant, reporting that the sanitary improvements in connection with your works at Glen Cove which this department ordered made have been completed, and stating that you would like to have this Board send an inspector to see what work has been done, has been received.