Tag Archives: Sanitary and Ship Canal

January 17, 1896: Drought Cartoon; 1994: Northridge Earthquake Damages Los Angeles Infrastructure; 1900: Missouri v Illinois over Chicago Sewage; 1856: Charles V. Chapin Born; 1859: Death of Lemuel Shattuck

January 17, 1896:  Drought Cartoon. The Los Angeles Times has published cartoons over more than 100 years that depict the many droughts that California has suffered and the reactions to them. Here is one that I think you will enjoy.

January 17, 1994:  Northridge earthquake does significant damage to water infrastructure in Los Angeles.“The Northridge earthquake was an earthquake that occurred on January 17, 1994, at 04:31 Pacific Standard Time and was centered in the north-central San Fernando Valley region of Los Angeles, California. It had a duration of approximately 10–20 seconds….In addition, earthquake-caused property damage was estimated to be more than $20 billion, making it one of the costliest natural disasters in U.S. history….Numerous fires were also caused by broken gas lines from houses shifting off their foundations or unsecured water heaters tumbling. In the San Fernando Valley, several underground gas and water lines were severed, resulting in some streets experiencing simultaneous fires and floods. Damage to the system resulted in water pressure dropping to zero in some areas; this predictably affected success in fighting subsequent fires. Five days after the earthquake it was estimated that between 40,000 and 60,000 customers were still without public water service.”

Commentary:  One of the most memorable sights from the earthquake aftermath was the massive natural gas fire occurring while water was spewing from a huge water main break (http://www.youtube.com/watch?v=WA1m3UgJ8nU).

Breaking the Dam on the Canal

January 17, 1900:Fifteen days after Chicago opened the Sanitary and Ship Canal and reversed the course of the Chicago River to discharge sewage into the Mississippi River, Missouri sued Illinois, “…praying for an injunction against the defendants from draining into Mississippi River the sewage and drainage of said sanitary district by way of the Chicago drainage canal and the channels of Desplaines and Illinois river.”

The Bill of Complaint alleged in part:

“That if such plan is carried out it will cause such sewage matter to flow into Mississippi River past the homes and waterworks systems of the inhabitants of the complainant…

That the amount of such undefecated [huh?] sewage matter would be about 1,500 tons daily, and that it will poison the waters of the Mississippi and render them unfit for domestic use, amounting to a direct and continuing nuisance that will endanger the health and lives and irreparably injure the business interests of inhabitants of the complainant…

That the water of the canal had destroyed the value of the water of the Mississippi for drinking and domestic purposes, and had caused much sickness to persons living along the banks of said river in the State of Missouri.”

The opinion in the case was written by Supreme Court Justice, Oliver Wendell Holmes and read in part:

“The data upon which an increase in the deaths from typhoid fever in St. Louis is alleged are disputed. The elimination of other causes is denied. The experts differ as to the time and distance within which a stream would purify itself. No case of an epidemic caused by infection at so remote a source is brought forward and the cases which are produced are controverted. The plaintiff obviously must be cautious upon this point, for if this suit should succeed many others would follow, and it not improbably would find itself a defendant to a bill by one or more of the States lower down upon the Mississippi.The distance which the sewage has to travel (357 miles) is not open to debate, but the time of transit to he inferred from experiments with floats is estimated at varying from eight to eighteen and a half days, with forty-eight hours more from intake to distribution, and when corrected by observations of bacteria is greatly prolonged by the defendants. The experiments of the defendants’ experts lead them to the opinion that a typhoid bacillus could not survive the journey, while those on the other side maintain that it might live and keep its power for twenty-five days or more, and arrive at St. Louis. Upon the question at issue, whether the new discharge from Chicago hurts St. Louis, there is a categorical contradiction between the experts on the two sides.”

Commentary:  In effect, Justice Holmes ruled in favor of Chicago. The experts for St. Louis had failed to prove their case.

Reference:  Leighton, Marshall O. 1907. “Pollution of Illinois and Mississippi Rivers by Chicago Sewage: A Digest of the Testimony Taken in the Case of the State of Missouri v. the State of Illinois and the Sanitary District of Chicago.” U.S. Geological Survey, Water Supply and Irrigation Paper No. 194, Series L, Quality of Water, 20, Department of the Interior, Washington, D.C.: U.S. Government Printing Office.

Charles V. Chapin

January 17, 1856:  Charles V. Chapin was born.“Charles Value Chapin (January 17, 1856 – January 31, 1941 in Providence) was a pioneer in public-health practice, serving as one of the Health Officers for Providence, Rhode Island between 1884 and 1932. He also served as President of the American Public Health Association in 1927. His observations on the nature of the spread of infectious disease were dismissed at first, but eventually gained widespread support. His book, The Sources and Modes of Infection, was frequently read in the United States and Europe. The Providence City Hospital was renamed the Charles V. Chapin Hospital in 1931 to recognize his substantial contributions to improving the sanitary condition of the city of Providence.”

Commentary:  Chapin defined the new public health movement at the beginning of the 20thcentury. His career expressed the advances in public health that we all now take for granted.

January 17, 1859:  Lemuel Shattuck died in Boston.“Lemuel Shattuck was born on October 15, 1793 in Ashby, Massachusetts… He is remembered as a public health innovator, and for his work with vital statistics. Shattuck was one of the early prime-movers of public hygiene in the United States. With his report to the Massachusetts Sanitary Commission in 1850, he accomplished for New England what such men as Chadwick, Rarr, and Simon had done for England. There had been in the United States few advances in public health aside from a few stray smallpox regulations until this report. Shattuck’s report pointed out that much of the ill health and debility in the American cities at that time could be traced to unsanitary conditions, and stressed the need for local investigations and control of defects.

Shattuck was a prime mover in the adoption and expansion of public health measures at local and state levels. In 1850, he published a Sanitation Report that established a model for state boards of health in Massachusetts (1869) and other parts of the United States….”

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January 2, 1900: Chicago Sanitary and Ship Canal Opening

Breaking the dam and turning water into the Canal on January 2, 1900

January 2, 1900: On January 2, 1900, the City of Chicago opened up an earthen damthat isolated the Chicago Drainage Canal and forced the Chicago River to reverse its course and discharge into the Mississippi River 43 miles above the intake for the water supply of St. Louis, Missouri.(Hill 2000) The total travel distance for the sewage from its generation to St. Louis intake was about 357 miles.  Missouri sued Illinois to plug the connection to the Mississippi River, also called the Sanitary and Ship Canal, which they claimed was contaminating the St. Louis water supply and increasing the incidence of typhoid fever in that community.

The U.S. Supreme Court asserted primary jurisdiction in the case.  Testimony of witnesses was held before Frank S. Bright who was Commissioner of the US Supreme Court.  In the first sentence of a report on the trial, the author of the report, which summarized the testimony in the case gave his opinion on the importance and the content of the trial.

Digging the Chicago Drainage Canal

“The testimony taken in the suit of the, State of Missouri against the State of Illinois and the sanitary district of Chicago comprises the best symposium on river pollution, its biological and chemical aspects, and its general and special sanitary significance that has ever been assembled.”(Leighton 1907)

The case was more well-known than the lawsuit associated with the first use of chlorine to disinfect a U.S. water supply—Jersey City, New Jersey. The outcome of the Chicago case rested on the testimony of renowned water quality experts on both sides.  Of particular interest, some of the same expert witnesses in the Chicago Drainage case testified in the Jersey City trials.  The sanitary experts in common were, for the plaintiff:  George C. Whipple, Allen Hazen, William T. Sedgwick and George W. Fuller.  For the defendant, the experts in common were:  Rudolph Hering (business partner with George W. Fuller, but on the opposite side of the case), William P. Mason and Leonard P. Kinnicutt.(Leighton 1907) It was not uncommon for the leading sanitary engineers, chemists and bacteriologists to find themselves on one side of a lawsuit or another from their brethren and then the next trial would result in a new mix of experts and their clients.

The final verdict in the trial came from the U.S. Supreme Court. The Justices read the transcript and briefs submitted to it and rendered an opinion written by Justice Oliver Wendell Holmes.  Based on his opinion, it was clear that the Justices relied on the clarity, truthfulness and logic of the experts on both sides and the chemical and bacteriological data presented during trial.  Differences of opinion between the experts were evaluated and resolved by the Court.  In one example, Justice Holmes noted that while St. Louis was blaming sewage from Chicago for increasing the typhoid fever death rate in their city, experts for the defendants showed convincingly that there was no evidence that contamination from Chicago was causing the problem and that sewage discharges from other cities above the intake in Missouri and Illinois including St. Louiswere more likely responsible for the degraded quality of their water supply.  The Court found on all points for the defendants and the Court obviously believed that the weight of expert opinion testimony favored the defendants’ position.(Leighton 1907)

What the trial did not do was establish a precedent or make a ruling that revolutionized the conduct of cities with regard to sewage discharges and water supply.  Unlike the impact of the Jersey City case, which is presented in full in the book, The Chlorine Revolution:  Water Disinfection and the Fight to Save Lives, the result of the Chicago Drainage Canal case was that contamination of a water supply by an upstream sewage discharge had to be proven with real data and not based on the speculation and unproven opinions of expert witnesses.  Contamination had to be proven as actually coming from the upstream party being sued.  As Justice Holmes stated in his opinion:  “The plaintiff obviously must be cautious upon this point, for if this suit should succeed many others would follow, and it not improbably would find itself a defendant to a bill by one or more of the States lower down upon the Mississippi.”(Leighton 1907) In effect, St. Louis and the state of Missouri reached too far (about 357 miles) and the U.S. Supreme Court did not agree with their claims.

Dredging the river for the Sanitary and Ship Canal

In the history of sanitary engineering in the U.S., the Chicago Drainage Canal case has been far better known than the Jersey City case.  The only logical reason is that an excellent summary of the Chicago case was published in a U.S. Geological Survey report that was widely available.  The Jersey City trial transcripts were contained in a limited printing of 12 volumes covering over 6,800 pages that no one had summarized and very few people had ever read.

The well-known attorney, Alan M. Dershowitz, published a book in 2004 summarizing the major trials in the U.S. over the past 300 years that “transformed our nation.”  The trials that he summarized extended all the way back to the 17thcentury and the Salem Witch Trials.  Important trials that are covered in the book included the Boston Massacre Trials, the Trial of Aaron Burr, the Dred Scott Case, the Scopes “Monkey” Trial, the trial of the Chicago Seven, the O.J. Simpson Trial, the Clinton Impeachment Trial, and Bush v. Gore.  Neither the Chicago Drainage Canal case nor the two Jersey City trials were mentioned in Dershowitz’s book despite their importance to water quality improvements and major advances in public health.(Dershowitz 2004)

References:

Dershowitz, Alan M. America on Trial:  Inside the Legal Battles that Transformed our Nation. New York:Warner Books, 2004.

Hill, Libby. The Chicago River:  A Natural and Unnatural History. Chicago:Lake Claremont Press, 2000.

Leighton, Marshall O. “Pollution of Illinois and Mississippi Rivers by Chicago Sewage:  A Digest of the Testimony Taken in the Case of the State of Missouri v. the State of Illinois and the Sanitary District of Chicago.” U.S. Geological Survey, Water Supply and Irrigation Paper No. 194, Series L, Quality of Water, 20, Department of the Interior, Washington, DC:U.S. Government Printing Office, 1907.

#TDIWH—January 17, 1896: Drought Cartoon; 1994: Northridge Earthquake Damages Los Angeles Infrastructure; 1900: Missouri v Illinois over Chicago Sewage; 1856: Charles V. Chapin Born; 1859: Death of Lemuel Shattuck

January 17, 1896:  Drought Cartoon. The Los Angeles Times has published cartoons over more than 100 years that depict the many droughts that California has suffered and the reactions to them. Here is one that I think you will enjoy.

January 17, 1994:  Northridge earthquake does significant damage to water infrastructure in Los Angeles. “The Northridge earthquake was an earthquake that occurred on January 17, 1994, at 04:31 Pacific Standard Time and was centered in the north-central San Fernando Valley region of Los Angeles, California. It had a duration of approximately 10–20 seconds….In addition, earthquake-caused property damage was estimated to be more than $20 billion, making it one of the costliest natural disasters in U.S. history….Numerous fires were also caused by broken gas lines from houses shifting off their foundations or unsecured water heaters tumbling. In the San Fernando Valley, several underground gas and water lines were severed, resulting in some streets experiencing simultaneous fires and floods. Damage to the system resulted in water pressure dropping to zero in some areas; this predictably affected success in fighting subsequent fires. Five days after the earthquake it was estimated that between 40,000 and 60,000 customers were still without public water service.”

Commentary:  One of the most memorable sights from the earthquake aftermath was the massive natural gas fire occurring while water was spewing from a huge water main break (http://www.youtube.com/watch?v=WA1m3UgJ8nU).

Breaking the Dam on the Canal

January 17, 1900: Fifteen days after Chicago opened the Sanitary and Ship Canal and reversed the course of the Chicago River to discharge sewage into the Mississippi River, Missouri sued Illinois, “…praying for an injunction against the defendants from draining into Mississippi River the sewage and drainage of said sanitary district by way of the Chicago drainage canal and the channels of Desplaines and Illinois river.”

The Bill of Complaint alleged in part:

“That if such plan is carried out it will cause such sewage matter to flow into Mississippi River past the homes and waterworks systems of the inhabitants of the complainant…

That the amount of such undefecated [huh?] sewage matter would be about 1,500 tons daily, and that it will poison the waters of the Mississippi and render them unfit for domestic use, amounting to a direct and continuing nuisance that will endanger the health and lives and irreparably injure the business interests of inhabitants of the complainant…

That the water of the canal had destroyed the value of the water of the Mississippi for drinking and domestic purposes, and had caused much sickness to persons living along the banks of said river in the State of Missouri.”

The opinion in the case was written by Supreme Court Justice, Oliver Wendell Holmes and read in part:

“The data upon which an increase in the deaths from typhoid fever in St. Louis is alleged are disputed. The elimination of other causes is denied. The experts differ as to the time and distance within which a stream would purify itself. No case of an epidemic caused by infection at so remote a source is brought forward and the cases which are produced are controverted. The plaintiff obviously must be cautious upon this point, for if this suit should succeed many others would follow, and it not improbably would find itself a defendant to a bill by one or more of the States lower down upon the Mississippi. The distance which the sewage has to travel (357 miles) is not open to debate, but the time of transit to he inferred from experiments with floats is estimated at varying from eight to eighteen and a half days, with forty-eight hours more from intake to distribution, and when corrected by observations of bacteria is greatly prolonged by the defendants. The experiments of the defendants’ experts lead them to the opinion that a typhoid bacillus could not survive the journey, while those on the other side maintain that it might live and keep its power for twenty-five days or more, and arrive at St. Louis. Upon the question at issue, whether the new discharge from Chicago hurts St. Louis, there is a categorical contradiction between the experts on the two sides.”

Commentary:  In effect, Justice Holmes ruled in favor of Chicago. The experts for St. Louis had failed to prove their case.

Reference:  Leighton, Marshall O. 1907. “Pollution of Illinois and Mississippi Rivers by Chicago Sewage: A Digest of the Testimony Taken in the Case of the State of Missouri v. the State of Illinois and the Sanitary District of Chicago.” U.S. Geological Survey, Water Supply and Irrigation Paper No. 194, Series L, Quality of Water, 20, Department of the Interior, Washington, D.C.: U.S. Government Printing Office.

Charles V. Chapin

January 17, 1856:  Charles V. Chapin was born. “Charles Value Chapin (January 17, 1856 – January 31, 1941 in Providence) was a pioneer in public-health practice, serving as one of the Health Officers for Providence, Rhode Island between 1884 and 1932. He also served as President of the American Public Health Association in 1927. His observations on the nature of the spread of infectious disease were dismissed at first, but eventually gained widespread support. His book, The Sources and Modes of Infection, was frequently read in the United States and Europe. The Providence City Hospital was renamed the Charles V. Chapin Hospital in 1931 to recognize his substantial contributions to improving the sanitary condition of the city of Providence.”

Commentary:  Chapin defined the new public health movement at the beginning of the 20th century. His career expressed the advances in public health that we all now take for granted.

January 17, 1859:  Lemuel Shattuck died in Boston. “Lemuel Shattuck was born on October 15, 1793 in Ashby, Massachusetts… He is remembered as a public health innovator, and for his work with vital statistics. Shattuck was one of the early prime-movers of public hygiene in the United States. With his report to the Massachusetts Sanitary Commission in 1850, he accomplished for New England what such men as Chadwick, Rarr, and Simon had done for England. There had been in the United States few advances in public health aside from a few stray smallpox regulations until this report. Shattuck’s report pointed out that much of the ill health and debility in the American cities at that time could be traced to unsanitary conditions, and stressed the need for local investigations and control of defects.

Shattuck was a prime mover in the adoption and expansion of public health measures at local and state levels. In 1850, he published a Sanitation Report that established a model for state boards of health in Massachusetts (1869) and other parts of the United States….”

January 2, 1900: Chicago Sanitary and Ship Canal Opening

Breaking the dam and turning water into the Canal on January 2, 1900

January 2, 1900:  On January 2, 1900, the City of Chicago opened up an earthen dam that isolated the Chicago Drainage Canal and forced the Chicago River to reverse its course and discharge into the Mississippi River 43 miles above the intake for the water supply of St. Louis, Missouri.(Hill 2000) The total travel distance for the sewage from its generation to St. Louis intake was about 357 miles.  Missouri sued Illinois to plug the connection to the Mississippi River, also called the Sanitary and Ship Canal, which they claimed was contaminating the St. Louis water supply and increasing the incidence of typhoid fever in that community.

The U.S. Supreme Court asserted primary jurisdiction in the case.  Testimony of witnesses was held before Frank S. Bright who was Commissioner of the US Supreme Court.  In the first sentence of a report on the trial, the author of the report, which summarized the testimony in the case gave his opinion on the importance and the content of the trial.

“The testimony taken in the suit of the, State of Missouri against the State of Illinois and the sanitary district of Chicago comprises the best symposium on river pollution, its biological and chemical aspects, and its general and special sanitary significance that has ever been assembled.”(Leighton 1907)

Digging the Chicago Drainage Canal

The case was more well-known than the lawsuit associated with the first use of chlorine to disinfect a U.S. water supply—Jersey City, New Jersey. The outcome of the Chicago case rested on the testimony of renowned water quality experts on both sides.  Of particular interest, some of the same expert witnesses in the Chicago Drainage case testified in the Jersey City trials.  The sanitary experts in common were, for the plaintiff:  George C. Whipple, Allen Hazen, William T. Sedgwick and George W. Fuller.  For the defendant, the experts in common were:  Rudolph Hering (business partner with George W. Fuller, but on the opposite side of the case), William P. Mason and Leonard P. Kinnicutt.(Leighton 1907) It was not uncommon for the leading sanitary engineers, chemists and bacteriologists to find themselves on one side of a lawsuit or another from their brethren and then the next trial would result in a new mix of experts and their clients.

The final verdict in the trial came from the U.S. Supreme Court. The Justices read the transcript and briefs submitted to it and rendered an opinion written by Justice Oliver Wendell Holmes.  Based on his opinion, it was clear that the Justices relied on the clarity, truthfulness and logic of the experts on both sides and the chemical and bacteriological data presented during trial.  Differences of opinion between the experts were evaluated and resolved by the Court.  In one example, Justice Holmes noted that while St. Louis was blaming sewage from Chicago for increasing the typhoid fever death rate in their city, experts for the defendants showed convincingly that there was no evidence that contamination from Chicago was causing the problem and that sewage discharges from other cities above the intake in Missouri and Illinois including St. Louis were more likely responsible for the degraded quality of their water supply.  The Court found on all points for the defendants and the Court obviously believed that the weight of expert opinion testimony favored the defendants’ position.(Leighton 1907)

What the trial did not do was establish a precedent or make a ruling that revolutionized the conduct of cities with regard to sewage discharges and water supply.  Unlike the impact of the Jersey City case, which is presented in full in the book, The Chlorine Revolution:  Water Disinfection and the Fight to Save Lives, the result of the Chicago Drainage Canal case was that contamination of a water supply by an upstream sewage discharge had to be proven with real data and not based on the speculation and unproven opinions of expert witnesses.  Contamination had to be proven as actually coming from the upstream party being sued.  As Justice Holmes stated in his opinion:  “The plaintiff obviously must be cautious upon this point, for if this suit should succeed many others would follow, and it not improbably would find itself a defendant to a bill by one or more of the States lower down upon the Mississippi.”(Leighton 1907) In effect, St. Louis and the state of Missouri reached too far (about 357 miles) and the U.S. Supreme Court did not agree with their claims.

Dredging the river for the Sanitary and Ship Canal

In the history of sanitary engineering in the U.S., the Chicago Drainage Canal case has been far better known than the Jersey City case.  The only logical reason is that an excellent summary of the Chicago case was published in a U.S. Geological Survey report that was widely available.  The Jersey City trial transcripts were contained in a limited printing of 12 volumes covering over 6,800 pages that no one had summarized and very few people had ever read.

The well-known attorney, Alan M. Dershowitz, published a book in 2004 summarizing the major trials in the U.S. over the past 300 years that “transformed our nation.”  The trials that he summarized extended all the way back to the 17th century and the Salem Witch Trials.  Important trials that are covered in the book included the Boston Massacre Trials, the Trial of Aaron Burr, the Dred Scott Case, the Scopes “Monkey” Trial, the trial of the Chicago Seven, the O.J. Simpson Trial, the Clinton Impeachment Trial, and Bush v. Gore.  Neither the Chicago Drainage Canal case nor the two Jersey City trials were mentioned in Dershowitz’s book despite their importance to water quality improvements and major advances in public health.(Dershowitz 2004)

References:

Dershowitz, Alan M. America on Trial:  Inside the Legal Battles that Transformed our Nation. New York:Warner Books, 2004.

Hill, Libby. The Chicago River:  A Natural and Unnatural History. Chicago:Lake Claremont Press, 2000.

Leighton, Marshall O. “Pollution of Illinois and Mississippi Rivers by Chicago Sewage:  A Digest of the Testimony Taken in the Case of the State of Missouri v. the State of Illinois and the Sanitary District of Chicago.” U.S. Geological Survey, Water Supply and Irrigation Paper No. 194, Series L, Quality of Water, 20, Department of the Interior, Washington, DC:U.S. Government Printing Office, 1907.

#TDIWH—January 17, 1896: Drought Cartoon; 1994: Northridge Earthquake Damages Los Angeles Infrastructure; 1900: Missouri v Illinois over Chicago Sewage; 1856: Charles V. Chapin Born; 1859: Death of Lemuel Shattuck

0117 Drought CartoonJanuary 17, 1896: Drought Cartoon. The Los Angeles Times has published cartoons over more than 100 years that depict the many droughts that California has suffered and the reactions to them. Here is one that I think you will enjoy.

January 17, 1994: Northridge earthquake does significant damage to water infrastructure in Los Angeles. “The Northridge earthquake was an earthquake that occurred on January 17, 1994, at 04:31 Pacific Standard Time and was centered in the north-central San Fernando Valley region of Los Angeles, California. It had a duration of approximately 10–20 seconds….In addition, earthquake-caused property damage was estimated to be more than $20 billion, making it one of the costliest natural disasters in U.S. history….Numerous fires were also caused by broken gas lines from houses shifting off their foundations or unsecured water heaters tumbling. In the San Fernando Valley, several underground gas and water lines were severed, resulting in some streets experiencing simultaneous fires and floods. Damage to the system resulted in water pressure dropping to zero in some areas; this predictably affected success in fighting subsequent fires. Five days after the earthquake it was estimated that between 40,000 and 60,000 customers were still without public water service.”

Commentary: One of the most memorable sights from the earthquake aftermath was the massive natural gas fire occurring while water was spewing from a huge water main break (http://www.youtube.com/watch?v=WA1m3UgJ8nU).

0117 Breaking the DamJanuary 17, 1900: Fifteen days after Chicago opened the Sanitary and Ship Canal and reversed the course of the Chicago River to discharge sewage into the Mississippi River, Missouri sued Illinois, “…praying for an injunction against the defendants from draining into Mississippi River the sewage and drainage of said sanitary district by way of the Chicago drainage canal and the channels of Desplaines and Illinois river.”

The Bill of Complaint alleged in part:

“That if such plan is carried out it will cause such sewage matter to flow into Mississippi River past the homes and waterworks systems of the inhabitants of the complainant…

That the amount of such undefecated [huh?] sewage matter would be about 1,500 tons daily, and that it will poison the waters of the Mississippi and render them unfit for domestic use, amounting to a direct and continuing nuisance that will endanger the health and lives and irreparably injure the business interests of inhabitants of the complainant…

That the water of the canal had destroyed the value of the water of the Mississippi for drinking and domestic purposes, and had caused much sickness to persons living along the banks of said river in the State of Missouri.”

The opinion in the case was written by Supreme Court Justice, Oliver Wendell Holmes and read in part:

“The data upon which an increase in the deaths from typhoid fever in St. Louis is alleged are disputed. The elimination of other causes is denied. The experts differ as to the time and distance within which a stream would purify itself. No case of an epidemic caused by infection at so remote a source is brought forward and the cases which are produced are controverted. The plaintiff obviously must be cautious upon this point, for if this suit should succeed many others would follow, and it not improbably would find itself a defendant to a bill by one or more of the States lower down upon the Mississippi. The distance which the sewage has to travel (357 miles) is not open to debate, but the time of transit to he inferred from experiments with floats is estimated at varying from eight to eighteen and a half days, with forty-eight hours more from intake to distribution, and when corrected by observations of bacteria is greatly prolonged by the defendants. The experiments of the defendants’ experts lead them to the opinion that a typhoid bacillus could not survive the journey, while those on the other side maintain that it might live and keep its power for twenty-five days or more, and arrive at St. Louis. Upon the question at issue, whether the new discharge from Chicago hurts St. Louis, there is a categorical contradiction between the experts on the two sides.”

Commentary: In effect, Justice Holmes ruled in favor of Chicago. The experts for St. Louis had failed to prove their case.

Reference: Leighton, Marshall O. 1907. “Pollution of Illinois and Mississippi Rivers by Chicago Sewage: A Digest of the Testimony Taken in the Case of the State of Missouri v. the State of Illinois and the Sanitary District of Chicago.” U.S. Geological Survey, Water Supply and Irrigation Paper No. 194, Series L, Quality of Water, 20, Department of the Interior, Washington, D.C.: U.S. Government Printing Office.

Charles V. Chapin

Charles V. Chapin

January 17, 1856: Charles V. Chapin was born. “Charles Value Chapin (January 17, 1856 – January 31, 1941 in Providence) was a pioneer in public-health practice, serving as one of the Health Officers for Providence, Rhode Island between 1884 and 1932. He also served as President of the American Public Health Association in 1927. His observations on the nature of the spread of infectious disease were dismissed at first, but eventually gained widespread support. His book, The Sources and Modes of Infection, was frequently read in the United States and Europe. The Providence City Hospital was renamed the Charles V. Chapin Hospital in 1931 to recognize his substantial contributions to improving the sanitary condition of the city of Providence.”

Commentary: Chapin defined the new public health movement at the beginning of the 20th century. His career expressed the advances in public health that we all now take for granted.

0117 Lemuel ShattuckJanuary 17, 1859: Lemuel Shattuck died in Boston. “Lemuel Shattuck was born on October 15, 1793 in Ashby, Massachusetts… He is remembered as a public health innovator, and for his work with vital statistics. Shattuck was one of the early prime-movers of public hygiene in the United States. With his report to the Massachusetts Sanitary Commission in 1850, he accomplished for New England what such men as Chadwick, Rarr, and Simon had done for England. There had been in the United States few advances in public health aside from a few stray smallpox regulations until this report. Shattuck’s report pointed out that much of the ill health and debility in the American cities at that time could be traced to unsanitary conditions, and stressed the need for local investigations and control of defects.

Shattuck was a prime mover in the adoption and expansion of public health measures at local and state levels. In 1850, he published a Sanitation Report that established a model for state boards of health in Massachusetts (1869) and other parts of the United States….”

January 2, 1900: Chicago Sanitary and Ship Canal Opening

Breaking the dam and turning water into the Canal on January 2, 1900

Breaking the dam and turning water into the Canal on January 2, 1900

January 2, 1900: On January 2, 1900, the City of Chicago opened up an earthen dam that isolated the Chicago Drainage Canal and forced the Chicago River to reverse its course and discharge into the Mississippi River 43 miles above the intake for the water supply of St. Louis, Missouri.(Hill 2000) The total travel distance for the sewage from its generation to St. Louis intake was about 357 miles. Missouri sued Illinois to plug the connection to the Mississippi River, also called the Sanitary and Ship Canal, which they claimed was contaminating the St. Louis water supply and increasing the incidence of typhoid fever in that community.

The U.S. Supreme Court asserted primary jurisdiction in the case. Testimony of witnesses was held before Frank S. Bright who was Commissioner of the US Supreme Court. In the first sentence of a report on the trial, the author of the report, which summarized the testimony in the case gave his opinion on the importance and the content of the trial.

“The testimony taken in the suit of the, State of Missouri against the State of Illinois and the sanitary district of Chicago comprises the best symposium on river pollution, its biological and chemical aspects, and its general and special sanitary significance that has ever been assembled.”(Leighton 1907)

Digging the Chicago Drainage Canal

Digging the Chicago Drainage Canal

The case was more well-known than the lawsuit associated with the first use of chlorine to disinfect a U.S. water supply—Jersey City, New Jersey. The outcome of the Chicago case rested on the testimony of renowned water quality experts on both sides. Of particular interest, some of the same expert witnesses in the Chicago Drainage case testified in the Jersey City trials. The sanitary experts in common were, for the plaintiff: George C. Whipple, Allen Hazen, William T. Sedgwick and George W. Fuller. For the defendant, the experts in common were: Rudolph Hering (business partner with George W. Fuller, but on the opposite side of the case), William P. Mason and Leonard P. Kinnicutt.(Leighton 1907) It was not uncommon for the leading sanitary engineers, chemists and bacteriologists to find themselves on one side of a lawsuit or another from their brethren and then the next trial would result in a new mix of experts and their clients.

The final verdict in the trial came from the U.S. Supreme Court. The Justices read the transcript and briefs submitted to it and rendered an opinion written by Justice Oliver Wendell Holmes. Based on his opinion, it was clear that the Justices relied on the clarity, truthfulness and logic of the experts on both sides and the chemical and bacteriological data presented during trial. Differences of opinion between the experts were evaluated and resolved by the Court. In one example, Justice Holmes noted that while St. Louis was blaming sewage from Chicago for increasing the typhoid fever death rate in their city, experts for the defendants showed convincingly that there was no evidence that contamination from Chicago was causing the problem and that sewage discharges from other cities above the intake in Missouri and Illinois including St. Louis were more likely responsible for the degraded quality of their water supply. The Court found on all points for the defendants and the Court obviously believed that the weight of expert opinion testimony favored the defendants’ position.(Leighton 1907)

Dredging the river for the Sanitary and Ship Canal

Dredging the river for the Sanitary and Ship Canal

What the trial did not do was establish a precedent or make a ruling that revolutionized the conduct of cities with regard to sewage discharges and water supply. Unlike the impact of the Jersey City case, which is presented in full in the book, The Chlorine Revolution: Water Disinfection and the Fight to Save Lives, the result of the Chicago Drainage Canal case was that contamination of a water supply by an upstream sewage discharge had to be proven with real data and not based on the speculation and unproven opinions of expert witnesses. Contamination had to be proven as actually coming from the upstream party being sued. As Justice Holmes stated in his opinion: “The plaintiff obviously must be cautious upon this point, for if this suit should succeed many others would follow, and it not improbably would find itself a defendant to a bill by one or more of the States lower down upon the Mississippi.”(Leighton 1907) In effect, St. Louis and the state of Missouri reached too far (about 357 miles) and the U.S. Supreme Court did not agree with their claims.

In the history of sanitary engineering in the U.S., the Chicago Drainage Canal case has been far better known than the Jersey City case. The only logical reason is that an excellent summary of the Chicago case was published in a U.S. Geological Survey report that was widely available. The Jersey City trial transcripts were contained in a limited printing of 12 volumes covering over 6,800 pages that no one had summarized and very few people had ever read.

The well-known attorney, Alan M. Dershowitz, published a book in 2004 summarizing the major trials in the U.S. over the past 300 years that “transformed our nation.” The trials that he summarized extended all the way back to the 17th century and the Salem Witch Trials. Important trials that are covered in the book included the Boston Massacre Trials, the Trial of Aaron Burr, the Dred Scott Case, the Scopes “Monkey” Trial, the trial of the Chicago Seven, the O.J. Simpson Trial, the Clinton Impeachment Trial, and Bush v. Gore. Neither the Chicago Drainage Canal case nor the two Jersey City trials were mentioned in Dershowitz’s book despite their importance to water quality improvements and major advances in public health.(Dershowitz 2004)

References:

Dershowitz, Alan M. America on Trial: Inside the Legal Battles that Transformed our Nation. New York:Warner Books, 2004.

Hill, Libby. The Chicago River: A Natural and Unnatural History. Chicago:Lake Claremont Press, 2000.

Leighton, Marshall O. “Pollution of Illinois and Mississippi Rivers by Chicago Sewage: A Digest of the Testimony Taken in the Case of the State of Missouri v. the State of Illinois and the Sanitary District of Chicago.” U.S. Geological Survey, Water Supply and Irrigation Paper No. 194, Series L, Quality of Water, 20, Department of the Interior, Washington, DC:U.S. Government Printing Office, 1907.

#TDIWH—January 17, 1896: Drought Cartoon; 1994: Northridge Earthquake Damages Los Angeles Infrastructure; 1900: Missouri v Illinois over Chicago Sewage; 1856: Charles V. Chapin Born; 1859: Death of Lemuel Shattuck

0117 Drought CartoonJanuary 17, 1896: Drought Cartoon. The Los Angeles Times has published cartoons over more than 100 years that depict the many droughts that California has suffered and the reactions to them. Here is one that I think you will enjoy.

Fire and water engulf the street.

Fire and water engulf the street.

January 17, 1994: Northridge earthquake does significant damage to water infrastructure in Los Angeles. “The Northridge earthquake was an earthquake that occurred on January 17, 1994, at 04:31 Pacific Standard Time and was centered in the north-central San Fernando Valley region of Los Angeles, California. It had a duration of approximately 10–20 seconds….In addition, earthquake-caused property damage was estimated to be more than $20 billion, making it one of the costliest natural disasters in U.S. history….Numerous fires were also caused by broken gas lines from houses shifting off their foundations or unsecured water heaters tumbling. In the San Fernando Valley, several underground gas and water lines were severed, resulting in some streets experiencing simultaneous fires and floods. Damage to the system resulted in water pressure dropping to zero in some areas; this predictably affected success in fighting subsequent fires. Five days after the earthquake it was estimated that between 40,000 and 60,000 customers were still without public water service.”

Commentary: One of the most memorable sights from the earthquake aftermath was the massive natural gas fire occurring while water was spewing from a huge water main break (http://www.youtube.com/watch?v=WA1m3UgJ8nU).

0117 Breaking the DamJanuary 17, 1900: Fifteen days after Chicago opened the Sanitary and Ship Canal and reversed the course of the Chicago River to discharge sewage into the Mississippi River, Missouri sued Illinois, “…praying for an injunction against the defendants from draining into Mississippi River the sewage and drainage of said sanitary district by way of the Chicago drainage canal and the channels of Desplaines and Illinois river.”

The Bill of Complaint alleged in part:

“That if such plan is carried out it will cause such sewage matter to flow into Mississippi River past the homes and waterworks systems of the inhabitants of the complainant…

That the amount of such undefecated [huh?] sewage matter would be about 1,500 tons daily, and that it will poison the waters of the Mississippi and render them unfit for domestic use, amounting to a direct and continuing nuisance that will endanger the health and lives and irreparably injure the business interests of inhabitants of the complainant…

That the water of the canal had destroyed the value of the water of the Mississippi for drinking and domestic purposes, and had caused much sickness to persons living along the banks of said river in the State of Missouri.”

The opinion in the case was written by Supreme Court Justice, Oliver Wendell Holmes and read in part:

“The data upon which an increase in the deaths from typhoid fever in St. Louis is alleged are disputed. The elimination of other causes is denied. The experts differ as to the time and distance within which a stream would purify itself. No case of an epidemic caused by infection at so remote a source is brought forward and the cases which are produced are controverted. The plaintiff obviously must be cautious upon this point, for if this suit should succeed many others would follow, and it not improbably would find itself a defendant to a bill by one or more of the States lower down upon the Mississippi. The distance which the sewage has to travel (357 miles) is not open to debate, but the time of transit to he inferred from experiments with floats is estimated at varying from eight to eighteen and a half days, with forty-eight hours more from intake to distribution, and when corrected by observations of bacteria is greatly prolonged by the defendants. The experiments of the defendants’ experts lead them to the opinion that a typhoid bacillus could not survive the journey, while those on the other side maintain that it might live and keep its power for twenty-five days or more, and arrive at St. Louis. Upon the question at issue, whether the new discharge from Chicago hurts St. Louis, there is a categorical contradiction between the experts on the two sides.”

Commentary: In effect, Justice Holmes ruled in favor of Chicago. The experts for St. Louis had failed to prove their case.

Reference: Leighton, Marshall O. 1907. “Pollution of Illinois and Mississippi Rivers by Chicago Sewage: A Digest of the Testimony Taken in the Case of the State of Missouri v. the State of Illinois and the Sanitary District of Chicago.” U.S. Geological Survey, Water Supply and Irrigation Paper No. 194, Series L, Quality of Water, 20, Department of the Interior, Washington, D.C.: U.S. Government Printing Office.

Charles V. Chapin

Charles V. Chapin

January 17, 1856: Charles V. Chapin was born. “Charles Value Chapin (January 17, 1856 – January 31, 1941 in Providence) was a pioneer in public-health practice, serving as one of the Health Officers for Providence, Rhode Island between 1884 and 1932. He also served as President of the American Public Health Association in 1927. His observations on the nature of the spread of infectious disease were dismissed at first, but eventually gained widespread support. His book, The Sources and Modes of Infection, was frequently read in the United States and Europe. The Providence City Hospital was renamed the Charles V. Chapin Hospital in 1931 to recognize his substantial contributions to improving the sanitary condition of the city of Providence.”

Commentary: Chapin defined the new public health movement at the beginning of the 20th century. His career expressed the advances in public health that we all now take for granted.

0117 Lemuel ShattuckJanuary 17, 1859: Lemuel Shattuck died in Boston. “Lemuel Shattuck was born on October 15, 1793 in Ashby, Massachusetts… He is remembered as a public health innovator, and for his work with vital statistics. Shattuck was one of the early prime-movers of public hygiene in the United States. With his report to the Massachusetts Sanitary Commission in 1850, he accomplished for New England what such men as Chadwick, Rarr, and Simon had done for England. There had been in the United States few advances in public health aside from a few stray smallpox regulations until this report. Shattuck’s report pointed out that much of the ill health and debility in the American cities at that time could be traced to unsanitary conditions, and stressed the need for local investigations and control of defects.

Shattuck was a prime mover in the adoption and expansion of public health measures at local and state levels. In 1850, he published a Sanitation Report that established a model for state boards of health in Massachusetts (1869) and other parts of the United States….”