Shore and Buffalo Railway Company, to acquire title to certain portions of the canal lands for railroad purposes. The State was represented in opposition to said application by the AttorneyGeneral. The following decision was rendered by Judge Church

ill:

"First. The canals of this State, mentioned in section 6, article 7 of the Constitution, as amended by vote of the people, November 3, 1874, include all lands within the blue line, so called, as indicated upon the official maps.

"Second. The Constitution, article 7, section 6, does not prohibit the constraction by a railroad company of its road across, along and upon such lands, when intersected or touched by the route of its road.

"Third. The right to such construction is limited, however, by the Constitution to such extent, as that the free and perfect use of the canal for all its purposes as a canal shall not be interfered with.

"Fourth. Such construction can only be had upon the written permission of the Superintendent of Public Works, whose duty it is to grant such permission only upon such conditions and with such restrictions and limitations as shall, in his judgment, make secure such free and perfect use of such canal, and with such right of reentry and re-occupancy reserved on the part of the State, as such free and perfect use of such canal at any future time may require. "Fifth. The value of the permission so given, subject to the conditions, instructions and limitations of the Superintendent of Public Works attached to it, is a proper subject of appraisal, and may be appraised by persons appointed by the court for that purpose in pursuance of the statutes for the appraisal of lands taken by railroad companies for the construction of their road."

In view of the importance of the decision and the great responsibility devolving on this department under the same, the AttorneyGeneral was requested to give the matter further consideration with a view to an appeal. He regarded the decision as in strict accord with the Constitution and laws, and advised compliance with the

same.

In accordance with this decision, permits to occupy several small parcels of land which their proposed route intersects and touches have been granted to said railway company under certain conditions, restrictions and limitations, with the right of re-entry and re-occupancy of such lands reserved to the State as the free and

perfect use of the canal at any future time may require, or as may be necessary for making any repairs, improvements or alterations in the same, and, in addition, requiring said company to make certain improvements in the way of widening the canal and strengthening the banks, and constructing such retaining walls as will be of value to the State.

Although under the decision of the court the power was vested in this department, yet it was regarded as a matter of so much importance that all important permits were submitted to the Canal Board for their consideration, and received their approval.

Several applications from both the New York, West Shore and Buffalo, and the Boston, Hoosac Tunnel and Western are now under consideration.

SEWERAGE.

From the completion of the canals to the present time, the tendency of many of the cities and villages through which they pass has been to construct and maintain their sewers so as to empty the same into the canals.

This is not surprising, as passing through the central portion of the cities, they furnish an easy and inexpensive mode of drainage. To such an extent has this practice prevailed that it has at last not only become a great public nuisance, but a heavy burden upon our already over-taxed canal revenues. The canals are not only used as an outlet for sewage matter, but are regarded by the adjacent owners as a common receptacle for all the garbage and debris from the streets. The health of the people is a matter of such importance that it should receive our first consideration. The present condition of the Erie canal cannot be regarded in any other light than as a channel for the distribution of disease and pestilence the entire length of the State, and especially so on the western division.

For this condition of things the people residing in its immediate vicinity are alone responsible. The cases of Buffalo and Lockport need only be cited to confirm this charge, and illustrate the importance of enacting such statutes and inaugurating such measures as will relieve the citizens residing in those cities, or adjoining the Erie canal between the same, and those engaged in its navigation, from this health and life-destroying nuisance.

A large portion of the sewage of the city of Buffalo, conveying the offal and refuse from many of their slaughter-houses and dis

14

ANNUAL REPORT OF THE SUPERINTENDENT.

tilleries, is emptied into the Main and Hamburgh canal, and is thus conveyed to the Erie canal, where mingling with its waters it is moved forward and its baneful effects are visible nearly or quite as far eastward as Rochester. For many miles the stench during the heated term is almost unbearable and results in sickness and death not only of those engaged in navigating the canal, but to those residing adjacent thereto, to an alarming extent. Men not only invest their money in the necessary equipment of the canals, but the boatmen take their wives and children on their boats the boat is their home the home of many of them during the whole year. The State should protect them against such unnecessary exposure to disease and death.

The complaints from Lockport to this department during the past season have been frequent, and petitions for relief to its citizens from the Buffalo sewerage have been strongly urged by those having the health and prosperity of their people at heart. Yet in the face of these complaints and at the same time, nearly the entire sewage of the upper town of Lockport was discharged into the Erie canal, and no efforts were being made by the proper authorities to find other channels for the same. An engineer of large experience estimates that more than 200,000 cubic yards of the sediment deposited along the bottom of the canal on the western division is chargeable to this cause alone, of which more than three-fourths is justly chargeable to the Buffalo sewers and manufactories.

From these evils the present statutes afford no relief, and the subject is presented as one imperatively demanding immediate legislation. Cities and villages along the line should be required to find other outlets for their sewers, and individuals and corporations prohibited from making the canals a depository for refuse or debris of any description.

Testimony is cheerfully borne to the cordial co-operation and assistance of the engineer department and the faithful and efficient services of the assistant and repair superintendents.

S. B. DUTCHER,

Sup't of Public Works.

EXPENDITURES.

ORDINARY REPAIRS.

Detailed report of payments and drafts made by the Superintendent of Public Works, chargeable to ordinary repair fund, for the fiscal year ending September 30, 1881.

Albany Office Expenditures.

Clerk and messenger hire...

$5, 041 66

Telegraphing

208 15

Expressage

18 95

Telephone service

40 94

Postage....

209 66

Washing towels and cleaning office..

13 60

Stationery

Furniture

27 50

Miscellaneous

70 97

$5, 709 62

Erie Canal, General.

Salary and expenses special agents.

$3, 141 16

Diving apparatus.

238 20

Printing

83 26

Stationery..

135 00

Miscellaneous.

39 49

3, 637 11

16,734 80

$26, 081 53