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Show NEW YORK HARBOR LITIGATION 721 sleek fields"-and offensive odors near the place of discharge and upon the wharves and shores adjacent to the Bay. On the other hand witnesses of seemingly equal candor and learning, and with large practical experience, called by the defendants, testified that they were confidently of the opinion that the treatment of the sewage provided for in the stipulation with the United States would cause such purification of it that the results guaranteed therein would be fully realized. It is much to be regretted that any forecast as to what the effect would be of the treatment and deeply submerged discharge through multiple, outlets proposed for this large volume of sewage must depend almost jentirely upon the conflicting opinions of expert witnesses, for experience with such treatment and dispersion under even approxi- mately like conditions seems entirely wanting. It is, however, of much significance that the authorities of the City of New York, after many years of investigation of the subject of sewage disposal, in their latest plans propose to adopt a treatment of screening and sedimentation and dispersal in deep water very similar to, but not so extensive and thorough as, that provided for in the stipulation between the defend- ants and the United States. There is only one point upon which all the experts called for the opposing parties agree, viz. i that in the present state of learning upon the subject the amount of dissolved oxygen in water is the best index or measure of the degree to which it is polluted by organic substances, it seemingly being accepted by them all that upon the oxygen content in water depends its capacity for digesting sewage-that is for con- verting organic matter into inorganic and harmless substances by direct oxidation and by sustaining bacteria which assist in such conversion. The witnesses agree that so long as there is sufficient dissolved oxygen in the water the process of digestion of the sewage will go forward without producing offensive odors and that when it sinks below a required percentage of saturation such odors will appear, but, unfortunately, there is a wide divergence of opinion among them as to what the required lower percentage is. The opinions of seemingly well qualified experts vary in giving from 25% to 50% of saturation as the amount of oxygen necessary to prevent the appearance of such offensive odors from decomposition of organic matter. Measured by this dissolved oxygen standard, the evidence of the complainant is that as early as 1906 the water adjacent to New York City, especially in the Bronx and lower East River, was much polluted by sewage? but that the water in other parts of the Bay, especially near Robbms Reef Light was somewhat, but not greatly, contaminated. This condition, the evidence shows, continued with no very pronounced decrease in the oxygen content of the water until 1911 when the inves- tigations embodied in the first testimony taken were concluded. And the evidence taken under the order of the court in 1919 shows an irreconcilable conflict in the testimony as to the then condition of the water, especially near Rdbbins Reef Light, and as to the probable condition of it to be anticipated in the future. In the interval from 1906 to1910 the estimated growth of the population of New York City and its suburbs draining sewage into adjacent waters was in excess |
