nor
may he, as a riparian owner, sell the water to some city near by which
might take out all the water of the stream.
The quality of a stream, likewise, may only to a certain extent be
interfered with. If a stream flows through a meadow, cows pastured in
the meadow have a natural right to wade in the brook, and if, in so
doing, a certain amount of pollution is added to the waters of the
brook, no one downstream can justly complain.
If, however, a sewer is carried from barns or houses into a brook which
is later used for drinking purposes, the quality of the water is
affected, and such a discharge is so revolting to the senses that
complaint to the courts would result in an order to find some other
method of disposing of such wastes.
In New York State, the legislature has delegated to the Department of
Health certain rights in the matter of the protection from pollution of
the waters of the state, particularly when those waters are used for
drinking purposes. Upon application from the water company, this
department, having carefully inspected the watershed, will prepare a
complete and elaborate series of rules, giving in detail just what an
individual may or may not do on the watershed, and, when enacted, these
rules have all the force of law. They are, however, like all laws,
subject to the constitutional limitations, and particularly to the
clause of the constitution which provides that "no state shall make or
enforce any law which shall deprive any person of property without due
process of law." This means that if any law prevents an individual
enjoying reasonable use of his own property, or if the deprivation of
such use is for the special benefit of some special community or
company, then that special body must be prepared to make compensation
for that deprivation, although if it were for the general good of the
community of which the individual was a member, no compensation might be
required.
REGULATIONS GOVERNING FOODS
Laws covering the sale of adulterated foods are of two kinds, namely,
those enacted by the national government at Washington, and those
enacted by the local authorities, either state or municipal. The laws
enacted by the national government, which are comprehended in the
recently enacted National Pure Food Law, deal particularly with the
adulteration and misbranding, not only of foods, but of all sorts of
medicines and liquor. Their effect, however, is limited entirely to such
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