POLLUTION OF THE WATER SUPPLY.

Otago Daily Times, Issue 13250, 5 April 1905, Page 7

POLLUTION OF THE WATER SUPPLY.

The case brought by Inspector Donaldson against James Booth, a dairy farmer e.t Wakan, charging him with unlawfully allowing stable and byre drainage to fail into tile watershed of Doss Creek, was resumed in Hie City Police Court yesterday. Mr "W. C. MacCregor appeared for the City Corporation, and llr Hanloii for defendant, who pleaded " Not guilty." Dr Opston. medical officer for tliu district of Otogo, f.nid he had inspected Booth's farm, in the neighbourhood of the northern-reservoir, 011 January -S, mid frmml the place insanitary and tho floor of the milking shed unpaved, covered with mud. and reeking with filth. The drainage was finding its way into'Ross's Creek, and was a nuisance and danger to public health, as it wa.s liable to pollute the water supply of the city. Qiu-stioned by Mr Hanlon: DrOgston said there wero oiher occupiers of land on tho watershed, and that horse; and cattle- were constantly grazing in tho neighbourhood, which was much frequented by picnic parties.

Mr Hanlon said that to hail ink-iulcd to call evidence for the defence, but, as his "Worship had been good enough to visit the spot in question, such evidence was not necessary. He would, however, point out that Booth's frara was surrounded by others, that lie carried on his dairy in a reasonable and proper manner, anil it had been inspected from, tmio to time. They had the evidence of Dr Ogston to tho effpet that Booth's farm hsd been in tho present condition for ye?r, and that the public health had r.ot suffered. It was of course certain that all dairies must be carried 011 with n reasonable complianco with the Public Health Act, but "if the City Corporation wished to prevent Booth from carrying on his dairy in the place 'where it had been carried on for 30 years thoV should refuse his license and showsome geed reason why ho should not bo allowed to carry On his dairy any jongcr. They had taken ihtf defendant's money, but had not spent a. peuny on tho land. To justify the corporation's'posiliou they must talsc,Booth's land and keep the area freo from occupation.

The SfSgisliato suggested thai the Maori drains and swamps in the neighbourhood might be fenced' in, for cattle got into them and caused pollution. •Mr Hauioil said the corporation complained that Booth had tliti' manuro from Lis dairy on the high land.' If Booth fenced off tho lowlying part'of his land there would be very little left to him. The li&gistlato said the defendant appeared to have ddne what he could to pave his dairy, and had done what ha could to,keep it in a sanitciy condition.

Mr MacGrogor said Booth ccmo to his farm

long after the reEorvoir waß there, and consequently, conditions under which lio would be allowed to carry 011 liis dairy. I' was not correct to say that Boojh alone had been interfered with, and lie would remind tho court that he vras fined 10s and coats for an offence similar to tho one new before the court in 1001. nnd made the same defence. Tho Magistrato asked what the corporation intended doing, with tho defendant. Mr MacGregor said that Booth was seen by the corporation oEcers about two yows ago, and made certain promises as to tho manner in.which 110 would conduct his dairy. These had not been kept. ■Jf Booth showed any honest desire to remove the nuisances complained of he would not be proceeded against. The corporation had allowed' him every latiludo in tho past, but Booth went on in 1113 own course, and did nothing, but set tho law at defiance. . They had to protect tho public health, for water pollution had been the rauso of typhoid m other places, and carried off thousands of lives. The Magistrate thought some sort of arrangement could be come to between the parties. . Mr MacGrogof said if Booth showed f.OlllO evidence of good faith, and kept Lis plaxft clean, the corporation might bo prepared to show him some consideration. His W'ofjhip said that perhaps an adjournment would give Booth an opportunity of taking mile steps in fhe desired direction. Tho only question wai that of time. He thought 14 days would be sufficient. After further consideration a. conviction was recorded, and sentence deferred.