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into rivers; that from the discharge of sewage into rivers there is some danger of contamination, providing they use the water; the danger may come from seepage from the river into wells; it would be worse if the water overflowed into where the wells were; the typhoid germ is most feared, but other bacilli are carried by water, not necessarily harmful, but yet they might produce dysentery and things of that character; that the city could find no dumping ground for its night soil without going five or six miles into the country; that they chose the river as the lesser of the two evils; that the ideal plan of caring for sewage is to purify it in septic tanks; that takes away as many of the dangers as possible before the discharge; that his answer as to the cost of the sewage disposal plant was merely an off-hand opinion; that he was not capable of passing upon that; that Mr. Pierson's opinion would be better than his; that witness' idea of a $300,000 to $500,000 plant was one that would take care of the city for 20 years to come; that there would be no difference in the contaminating character of night soil collected from outside privies and ordinary sewage; disintegration aids purification, releasing the gases more quickly; that they discovered evidences of fecal matter a mile down the river, that was the last place witness left the boat; that it was not impossible for sewage to collect around the dredges outside of Grandville; it is possible for it to be carried that far; so long as it is present in visible particles, decomposition is not complete and there would be an odor; scientifically, the process of decomposition is not complete in a stream for a distance of 30 or 40 miles, depending upon the local conditions; it always depends upon the proportion of sewage to water; it would be inadvisable to use river ice opposite Grandville; the bacteria in the ice might continue alive for months. Witness' judgment is that the sewage spread out at Grandville in an overflow would be so attenuated as to practically eliminate the odors; as the water seeps away, foreign substances would become more concentrated. He would not say that if a slime were left upon the ground part of it would not come from the sewage; he would not say it was impossible to get a distinct odor from sewage from the overflowed area at Grandville, if witnesses testified to it; slime may be produced from a number of things aside from sewage; the presence of sewage odor would depend upon many conditions; you could not say positively whether it would produce an odor until you examined every condition; he could only say that it might be possible, but not probable; he did not think that any odor there might be sufficient to produce a nuisance. Some odors from decomposing vegetation are very distinct; a man accustomed to it would be apt to recognize a pronounced sewage odor, and would not confuse it with vegetation; if one odor dominated you would be able to say what it was. The day witness went down the river was cool; the river would not be so apt to smell on a cold day. Witness' knowledge of the river for six or seven years, except his trip down, has been meager; his opinion is that they get no odors from the sewage at Grandville; at least he detected none the day he was there; that he was never in Grandville at or immediately after an overflow; and that the presence or absence of typhoid fever in Grandville does not indicate that there are no typhoid germs in the refuse matter, or that there is no danger from it.
Thomas Ainge, a witness for defendant, testified that he resided in Lansing, and had been a sanitary engineer upwards of 25 years, and was at the time sanitary engineer and acting State medical inspector of the State board of health, having acted in that capacity since October, 1895; that he attended to the sanitary features of public buildings, the office correspondence about sanitary engineering work, and assisted and gave advice to local boards of health, and any one looking for advice along sanitary engineering lines; that from 1884 to 1888 he was engaged in public sanitary work for London, Bristol, and Liverpool, England; that from the latter date to 1895 he was doing private work on recommendation of the secretary of the Michigan State board of health. He testified that he was familiar with Grand river; that Lansing, with a population of 30,000, turns its sewage into Grand river, which is much less in volume than at Grand Rapids; that several rivers flow into Grand river before it reaches Grand Rapids (naming them); that the State Board of health was consulted with regard to the disposal of night soil of Grand Rapids at the Prescott street sewer; that the secretary of the board approved the plan conditionally, permitting it until the method of disposing of sewage could be changed; under the circumstances they considered it a proper method of disposing of the night soil; that witness came to Grand Rapids in May, 1909, and met Dr. De Lano, and went down the east side of the river to Grandville to observe the river, the village, and the lay of the country; that the volume of water and dilution of the sewage was great there, and he did not notice anything that would be considered a source of nuisance, and did not see that it would be produced by what night soil would be put into the Prescott street sewer; the plan was to empty night soil under a powerful stream of water which would pulverize and disintegrate it; that he had knowledge of the effect of running water upon sewage, and would not expect to find anything in the river at Grandville of a solid nature that would be perceptible as excreta; it would be liable to be so diluted as to be invisible; that he took a sample of water from the river, which was submitted with a sample taken from above the city, to the State bacteriologist for analysis; that he saw nothing in the river that indicated sewage substances; he would not expect to with such a volume of water as was then flowing in the river.
On cross-examination the witness testified that he had not the result of the analysis of those samples; that they were sent to Grand Rapids in the form of an affidavit; that the present tendency is to purify streams and relieve them from sewage effects as much as possible; that has been the object of all State boards of health in recent years, and was the purpose of the commission known as the Lake Michigan water commission; that the tendency of purification and relief of streams grows from the noticeable pollution of many streams; that they would not recommend the use of streams for sewage discharge where odors were created; that they stated that this plan might be used by Grand Rapids as a temporary expedient; the indorsement was made conditionally that the proposition was presented to them from the standpoint of the city of Grand Rapids as a necessity to the city; the night soil had to be taken care of. The reservation was made that the city of Grand Rapids might extend its sewer system into other localities; that, when witness talked with Dr. Shumway about the expedient of.. dumping night soil into the sewer, he knew nothing of the conditions lower down, nor whether the volume or flow of sewage was sufficient to create a nuisance there or not; that upon later examination he took into account the lower water. The witness did not know how low the river gets normally at Grand Rapids or Grandville; he imagined you could walk across the river at some places in Grand Rapids during low water without much more than getting the shoe tops wet; he could not say as to Grandville; whether it was one foot or three would have considerable bearing on whether the river could carry the sewage without creating a nuisance there; you must know the condition in summer to be able to state positively whether the river could carry the sewage without creating a nuisance; it is generally understood that if the relation is ten parts of water to one of sewage it is a safe mixture. Hazen makes that statement. They take a minimum basis of one to ten in the carrying capacity of rivers in their department; that they would not anticipate a very considerable nuisance from sewage covered with water; that if left on the bank at Grandville it might create an odor, and probably would; that disintegration of sewage in water does not cause it to disappear; it is still there; there is still disintegrated sewage in the water at Grandville; the process of purification would be about begun; there would not be extensive purification at Grandville; if you ran the water through a filter, witness would not expect to find anything more than a fine deposit, a portion of which would be of an organic character; and, if it were allowed to remain away from the water for any length of time, it would give off an odor. Witness further testified that he did not apprehend any danger from the finely divided sewage at Grandville; that his conclusions were based upon the assumption that nothing but this finely divided sewage would go as far as Grandville; that his opinion would not have been different if perceptible solids were to go that far. He limited his answer to the water confined in the stream; that his opinion would not go to the effect of an overflow where the water was permitted to seep away; that is a different proposition; in cases of that kind even finely divided sewage might leave an odor if there was enough of it; if the sewage were in sufficient quantities, he would apprehend a nuisance from it; that the ratio of one to ten would not apply there, if it was permitted to seep away through the soil; there would be nothing to prevent it from becoming a nuisance if left high and dry on the ground. Witness would not want to say that that would be so of a ratio of 1 to 150, because sewage is