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heat for a certain length of time until the brick shows a decrease in size or what we call shrinkage. The fire is then taken off and the kilns allowed to cool.

The average daily output is about 105,000 bricks, and about 80 tons of soft coal are consumed, and whatever gas, smoke and soot are generated pass out through the chimneys and smoke stacks. A large volume of soot, smoke and coal gas is given off and swept by gusts of air over the lawns, through the windows and into the homes of many people living on the north and east of the works.

From the investigation made by your committee and the testimony taken which is herewith submitted and made a part of this report, we make the following findings of fact:

1 That by the operation of said machinery great and unnecessary noise is made and created, and that said kilns when in operation constantly give out great quantities of heavy black smoke, coal gas, noisome and foul smells and odors, which said. smoke, gas and odors, owing to the location, construction and methods of operating said kilns, are carried directly into the houses and living and sleeping rooms of a large number of people residing in said village both day and night, making it necessary for them to keep doors and windows closed and causing much sickness and ill health and constituting a nuisance injurious to life and health.

2 That the manufacturing of paving brick by said corporation as at present operated and constructed, constitutes a nuisance injurious not alone to the enjoyment of the property rights of the people but to the public health.

The State Board of Health would therefore recommend that said corporation be required to construct a single water tower or smoke stack of sufficient height to carry off the smoke, soot and gases given off in the manufacture of brick, and that the 240 separate chimneys through which the smoke, soot and gas are now emitted, be connected with said water tower or smoke stack so as to discharge all smoke, soot and gases through the same at a sufficient height above the residence portion of said village as not to interfere with the health and comfort of home.

Your committee would further recommend that the operation of said plant be declared a nuisance and that the same be suspended on or before April 1, 1899, unless said water tower or smoke stack be sooner constructed and the operation of said plant be so carried on and conducted as not to interfere with the health and comfort of the residents of said village.

All of which is respectfully submitted,

DANIEL LEWIS,

OWEN CASSIDY

SARATOGA LAKE

ALBANY, October 5, 1898

Honorable State Board of Health, Albany, N. Y.:

Sirs-I am directed by the Governor to enclose herewith one petition and one letter regarding nuisances in different localities of the state.

Will you kindly take the matters up?

Very truly yours,

WM. M. GRIFFITH,

Private secretary

To His Excellency HON. FRANK S. BLACK, Governor of the State of New York, Albany, N. Y.:

The petition of the undersigned residents of the county of Saratoga respectfully shows as follows:

That Saratoga lake in said county is about five miles long and about two miles wide, and is about four miles from the village of Ballston Spa and Saratoga Springs, and that Saratoga Springs is a summer resort, visited by thousands of tourists every summer, and to Saratoga lake is the chief drive and resort; that said lake has been for a great many years a prominent and attractive resort for fishing, hunting and boating, and for the past few years offensive odors have arisen from the waters in the said lake near the shores, causing annoyance and breeding disease; that large numbers of fish have been picked up dead along the

shores of the lake, and the shores thereof in certain portions are covered with filthy and noxious material, offensive to the eye and giving out offensive odors: that in the opinion of your petitioners, unless measures are taken to prevent the defilement of said lake, and its condition continues to grow worse, all the fish in the lake will be killed and people will cease to occupy cottages on the shores, and it will cease to be attractive as a summer resort.

That the causes of defilment of the waters of the lake are various; that they proceed from the discharge of the sewerage of the village of Saratoga Springs and Ballston Spa into said lake, and from the discharge into said lake of chemicals and refuse from certain manufacturing establishments located in or near the village of Ballston Spa.

That it would be impracticable to apply to the local boards of health for relief as Saratoga lake is situated in several towns. Your petitioners therefore pray that you will exercise the powers conferred upon you by the Revised Statutes and order the State Board of Health to make the necessary examination, with the view of having the nuisance complained of abated or removed, and your petitioners will ever pray.

Dated, October 1, 1898.

Thomas C. Luther,
Mary C. Luther,
Nathaniel B. Arnold,
Benj. F. Freeman,
P. A. Post,

Benj'n T. Fisher,
Joseph Smith,
George White,

Charles Kirkpatrick,
Joseph Gilmore,
Archie Paul,

A. J. Whitehouse,

Geo. C. Lauson,
Mrs. Sarah Hall,

Abram Deuel,

Vernon E. Arnold,
Melvin Elkenburgh,
Austin A. Yates,

James Doughty, jr.,
Willard S. Near,

Henry A. Near,
F. J. Riley,
Benj. C. Riley,
W. V. Riley,
Robert E. Morey,
Horace Phillips,
Jas. M. Holsapple,
Geo. Abel,

James H. Barrett,
H. J. Newman,

Geo. E. Rogers.

1

ALBANY, October 6, 1898

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

Dear Sir I have the honor, in the absence of the secretary, to acknowledge the receipt of your communication of the 5th inst. enclosing communications. regarding certain alleged nuisances, as follows: Petition from citizens of Saratoga, referring to the alleged pollution of the waters of Saratoga lake; complaint of Mr. John Hayden concerning an alleged nuisance at Port Byron, N. Y., caused by sewage from the city of Auburn being discharged into Owasco creek.

In reply you are informed that both subjects will receive the prompt consideration of this board.

Very respectfully,

T. A. STUART,

Assistant secretary

ALBANY, November 28, 1898

PROF. OLIN H. LANDRETH, Consulting Engineer, State Board of Health, Schenectady, N. Y.:

Dear Sir-In compliance with a resolution adopted at a meeting of this board, held November 16, 1898, you are directed to visit Saratoga Springs for the purpose of investigating a complaint made concerning the alleged pollution of the waters of Saratoga lake, as shown by the enclosed petition to the Governor. In compliance with a request made by Mr. T. F. Hamilton of Saratoga Springs, it is recommended that you arrange to visit Saratoga on December 8th next for the purpose of making the desired investigation.

In submitting your report to this board, please return the enclosed papers.

Your services and expenses in connection with the investigation are to be paid by the municipality of Saratoga Springs.

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SCHENECTADY. N. Y., December 15, 1898 Dr. BAXTER T. SMELZER, Secretary State Board of Health, Albany, N. Y.:

Dear Sir-Agreeable to verbal understanding with you at the December meeting of the State Board of Health yesterday, I beg to enclose herewith my written report on the Saratoga lake pollution matter, referred by you to me on November 28th. This written report being in substance the same as my verbal report at the meeting, may be substituted therefor if you think proper. I also beg to enclose all the papers in the case which were referred to me, including one pinned to the complaint, which concerns another matter, but which came so attached to the complaint. I shall be glad to be informed as soon as practicable, concerning future action decided on.

I am, dear sir,

Very truly yours,

OLIN H. LANDRETH,

Consulting engineer

SCHENECTADY, N. Y., December 14, 1898

Dr. BAXTER T. SMELZER, Secretary State Board of Health, Albany, N. Y.:

Dear Sir-In the matter of the complaints as to the unsanitary condition of Saratoga lake, which you referred to me with instructions to investigate the same by communication of November 28th. I beg to submit the following report on the same:

On the 8th inst. I met Mr. T. F. Hamilton by appointment and with him went to Saratoga lake, visiting the westerly and northerly shores of the same as well as the valley of the Kayaderosseras creek up to the point where the Saratoga Springs outlet sewer enters it; also the territory between the village of Saratoga Springs and the lake and creek, as well as the point on the outlet sewer where the storm-water overflow is allowed to escape from the sewer into Village creek, which empties into Lonely lake, a tributary of Saratoga lake through Kayaderosseras creek. I also met and made inquiries of numerous citizens in the localities covered by the cursory examination, as well as the village engineer, Mr.

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