RIVER POLLUTION.

Dominion, Volume 5, Issue 1500, 24 July 1912, Page 6

RIVER POLLUTION.

A SERIOUS PROBLEM. IMPORTANT INDUSTRIES MENACED. PRIME MINISTER APPRO ACTED. Flaxmillers and dairy companies in the Msmuvahi district are in u state of agitatlcn over a recent judgment delivered by Sir Jiobert Stout, which indicates that nnyono can obtain an injunction to prevent ' factories discharging their drains into adjacent rivers or streams. A deputation, introduced by Mr. D. Buick, M.l',, and numbering about forty, interviewed the Hon. W. I'. Massoy Minister) on the subject, at I'almerston' Kort-li yesterday. Mr. Buick said that tlio deputation rcjawented flaxmillers and people engaged in the dairying industry. They were much.exercised in mind over a recent decision by the Chief Justice in reference to a question of river drainage. An impression obtained widely that unless sumo alteration could lxs made to the law the dairying nitd flaxmilling industries would 1m placed i'n a very serious position. Ho understood that injunctions had alrea-iv been applied for against a number of mills ok tho Oroua River.

The Flaxmillers' Case, Mr. E. L. Broad stated tho case for Hie flaxmillers.- Ho explained that an action had recently been taken by a farmer against four mills on tho Oroua River. In giving judgment, the Chief Justice hnd said that defendants could not put tho effluents from thoir mills into a river and so pollute it, although an important industry might suffer by the prohibition, nnd tho pollution of tho river might inflict only slight damage on the plaintiffs. Mr. Broad went on to state that injunctions would probably be issued against these millers. The injunctions had been applied lor, hut had not beon granted as yet. Ilaxmillers deemed it necessary to apply for some relief if their industry ..was »ocontinue. Under tho Mining Act of iIHiS tho Governor was empowered to make regulations from'timo to time, at his discretion setting apart any water-course, iu wh •!(> or part, as 0110 into which waste water might be discharged, ana upon the banks of which mining operations might be carried on. Similar regulations might meet the case of lluxmilling. If this could not be done, the Government might bring down special legislation that would enable flaxmillers to carry on their industry under Government regulations. The millers would be content to have a heavy penalty imposed for breach of such regulations as the Government considered necessary. They did not wish to oppose the riparian law of to in any way infringe it, but submitted that the industry. should be_ allowed to continue under Government inspection. In tho Mana.watu district, flaxmill employees ■ were''paid' i 512,500 a month in wages. From a thousand to twelve hundred men were employed at. the miils,. and there wero in-thß district 23,000 acres of flax, land - which would be.rpractically - waste land in 'the ■ absence of. this;" industry. Eiglity-iivo iwr . cent. of the whole flax output fot,.jiew .Zealand camefrom the Mrtnawatu district'. The industry was'a very'big-'thing 'indeed to the..North Island, and to the'Mnnawatu district in particular. This was'not'a political, Tmt a national .question, and he lioped that everybody on all sides would see it in that light.

Dairy Industry Threatened. Mr. 1\ J.'Nathan spoke on behalf of tho dairy companies. He said that when tho matter was first discussed, it had been proposed that every dairy company in.' the district should be represented at a deputation to wait upon tho Prime Minister at Wellington. The present deputation jiad been organised in a hurry, to meet the l'rime Minister at Palmorston, and some of the companies had not had time to send representatives. A number of these companies had forwarded telegrams expressing sympathy with tho request of the deputation. .There vero forty dairy factories in tho Immediate neighbourhood. .One and all were using drains discharging into rivors. That no exception had been taken to this until recently was probably due to tho fact that many of the Fsttlers affected were themselves directly ijiterestd in dairying. Either for this reason or 011 account of consideration for tlie bulk of their fellow-settlers, they had refrained hitherto from taking tho steps that tho law allowed them to take. Dairv companies did not wish to shirk their responsibilities in connection with drainage.' They recognised that under common law they wero not entitled to pollute rivers or streams, and so inflict a nuisance upon their neighbours. But the decision of the Chief Justice had made it common knowledge that an injunction could easily be obtained to restrain, dairy factories from discharging drainage into a river. _

A Critical Position. At any li'me now some cantankerous individual or . some person who thought that he was suffering a wrong," might obtain, an injunction from tlie courts, and so stop tho progress of the industry. The factories did not wish to be relieved of their responsibilities, but they asked that regulations should be framed to prevent dairy companies inflicting'a nuisance on their ueHibours and at the some time, leave them reasonable facilities for disposing of their drainage. Some other means of control should be provided than an injunction which would stop the industry altogether. It might be said that they should instal septic tanks to deal with tho drainage. A number of companies had tried .<£ptic tanks, but they had not proved a success. Nearly every officer of tho \gricultural Department in ><cw Zealand had been consulted in regard to this problem of drainage. His .own, company had expended something like ,£IOOO ill attempting to arrive at a satisfactory, solution of the problem, but so far without avail. Dairy companies therefore felt justified in asking that they should be allowed to deal with drainage under regulations laid down by the Health Department or the Agricultural Department. It would be, to their minds, a cruel thing to arrest the progress of the industry. Mr. A. Elliott, president of the Palmcrston Chamber of Commerce, said that while not taking tho part of one side or the other, ho thought this a case in I which the Government should have inquiries made with a view to doing something in the matter. No vexatious or impossible restriction should be placed on the flax-milling industry. On the other hand every possible means should bo adopted to prevent contamination of tho rivers. Kcprulntions should bo mode which would not press with too drastic effect on the industries conccnved and at tho samo timo would meet tho views of propertyowners. , ' , An Impossible Proposal.

Mr J Na«h, ,Mnvor of Pal mors ton, said , that the sinallne?s of. the fine inflicted b.v tho Chief Justice, together with the fact that, each party was ordered to nay its own costs, spemcd to indicate that tnoro ninst li'3-vp boon sonic doubt' )n liis Hon~ cur's mind. A Rood deal had been writtail in the press on the subject of tho effluent from the Palmerston North septic tanks, but anyone who visited tho outfall into the Mfaiawatu Itiver would bo satisfied that there was no cause for complaint. It would be disastrous to Palmerston North Mid to many parts o the Dominion, if such a tiling happened as was made possible by tho judgment of Sir Robert Stout. He did not think that tho Government could tolerate such a state of affairs as was threatened or allow it to exist. Flos-millers themsolves would bo prepared to admit time many tilings could be dono to anioud tho present stato of affairs, but to suggest stopping the hire of industry of which Palmerston North was tho centre, was to menace the district and the Dominion as a whole. Relief Must Be Afforded. Mr. K. S. Abraham, chairman of the Palinerston North Auctioneers' Association, said that some relief must be afforded to the industries which were menaced. It was incumbent on the Government to find soifie way of freeing them from their disabilities, doing, of course, as little harm to individuals as possible, and taking every possible care to safeguard the public health. Mr. Whittnker, secretary of the Kongotea and other dairy companies, said that none of tlie factories was desirous of polluting tlm stream, but Hie Government must." help lliem to put tho drainage tiuoslinn upon a. better footing than at present. ~ Jfr." R. Gardiner said that, he was the o'ldesi flasimllcr in the room, end had been rJuiirman of tlio Flax CommisaoiL

appointed porno roars ago to report upon tlio industry. Tho judgment of the Chief .Tustico had greatly surprised him. Jl« liiul often fattened stock upon the vegetable refuse which was complained uf, and it had done the animals no harm. In answer to a question by Mr. I'earce, the Prime Minister said that he would be. glad to receive a deputation from farmers or from any other class in the community on this or any other question.

Mil. MASSF.Y IX REPLY. INDUSTRIES WILT. BE PROTECTED. .Tlio Prime Minister, in replying, said that a very serious difficulty had occurred, and one that might cause serious injury to two of our most important industries. This had come upon him very suddenly, and he had not had lime to look up till legal side of tlio question. He was not for 0110 moment reflecting upon the decision of tho Chief Justice, because he believed—it might be presumptions of him to sav so—that the decision had Iteen perfectly right. On returning to Wellington, he would refer tho matter to the Attorney-General, with a view to finding a solution of tho difficulty which would enable land-holders .to enjoy riparian rights, and would at tho same time protect these two industries and many others which were likely to bo affected in the same way—from unnecessary interference which might cripple or possiblv kill them. He Wanted' them io understand that the Government would do their duty in- this connection. .One speaker had suggested that the matter was ono of uTgency. The Government would—by legislation or otherwise—give these two industries and the people connected with them the protection to which they were undoubtedly entitled, and that without delay. Mr. Buick thanked the Prime Minister for receiving the deputation.