MAY 24, 1923, 2 COMP. GEN. 776

MAY 24, 1923, 2 COMP. GEN. 776

PURCHASE OF DRINKING WATER WHERE A PURCHASE OF DRINKING WATER IS PREMISED UPON UNWHOLESOMENESS OF THE AVAILABLE SUPPLY OF WATER, EVIDENCE OF THAT FACT MUST BE EITHER A RELIABLE BACTERIOLOGICAL REPORT SHOWING POSITIVELY THE PRESENCE OF UNHEALTHY BACTERIA, OR SUCH AS INDICATES A POLLUTION BY AN INFECTIOUS MEDIUM, OR THE JUSTIFICATION MUST BE RESTED UPON THE UNEQUIVOCAL REPORT OF A LOCAL HEALTH OFFICER.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF AGRICULTURE, MAY 24, 1923:

I HAVE YOUR LETTER DATED MAY 4, 1923, REQUESTING REVIEW OF SO MUCH OF VOUCHER 31338, SETTLEMENT M.F.O. 12479, DATED MARCH 9, 1923, AS MADE PAYMENT OF $7 FOR 100 GALLONS DRINKING WATER FURNISHED BY THE GLENWOOD- INGLEWOOD CO. TO THE FEDERAL GRAIN SUPERVISION BRANCH, AT 404 FLOUR EXCHANGE BUILDING, MINNEAPOLIS, WHICH WAS DISALLOWED AS A CHARGE UPON THE PUBLIC FUNDS BECAUSE OF BEING IN THE NATURE OF A PERSONAL EXPENSE.

THE PURCHASE OF DRINKING WATER IS, ORDINARILY, A PERSONAL MATTER, AND THE EXPENSE MAY ONLY BE ALLOWED UPON THE GROUND OF NECESSITY.

IT HAS BEEN RECOGNIZED AS A DUTY UPON THE GOVERNMENT TO SUPPLY DRINKING WATER WHERE NONE IS AVAILABLE IN THE OFFICES OR OTHER PUBLIC QUARTERS OR WHERE THAT FURNISHED IS UNWHOLESOME OR NOT POTABLE.

IN THE PRESENT CASE IT IS DISCLOSED THAT WATER IS FURNISHED TO THE TENANTS OF THAT BUILDING FROM AN ARTESIAN WELL, BUT IT IS ALLEGED THAT THE WATER WAS UNFIT FOR HUMAN CONSUMPTION. REPORTS UPON THE WATER WERE FURNISHED BY THE HEALTH DEPARTMENT OF MINNEAPOLIS IN 1919, AND IN MAY AND JUNE, 1922, SUPPLEMENTED BY ANALYSIS OF THE BACTERIOLOGICAL LABORATORY OF THE BOARD OF HEALTH. ONE SANITARY ANALYSIS, DATED JULY 16, 1919, SHOWS "BACTERIA, 40 PER CUBIC CENTIMETER OF WATER, COLON PRESENT. REMARKS: CHLORINE, 68 PARTS PER MILLION; NOT SAFE FOR DRINKING PURPOSES.' COLON" IS EXPLAINED TO MEAN SEWERAGE CONTAMINATION OR CARELESSNESS IN COLLECTING SAMPLE. A REPORT DATED JUNE 20, 1922, SHOWS "COLONIES 6, GAS 20 PERCENT, 25 CUBIC CENTIMETERS WATER, DEXTROSE BROTH 15 PERCENT, METHYL RED X, SACCHAROSE, NEGATIVE.'

A REPORT DATED MAY 20, 1922, BY W. F. REASNER, ASSISTANT COMMISSIONER OF PUBLIC HEALTH, CITY OF MINNEAPOLIS, STATES:

THE SAMPLE OF TAP WATER TAKEN AT YOUR OFFICE MAY 16 HAS BEEN EXAMINED AND FOUND NOT TO COMPLY WITH THE CITY ORDINANCE. THE WELL WATER SHOWS AN ABUNDANCE OF CHLORINE AND NITRITES. THE RESULT OF THIS SAMPLE WOULD INDICATE THIS WATER TO BE UNSAFE FOR HUMAN CONSUMPTION.

CONDEMNATION OF THIS WATER IS PRESUMED TO BE PREDICATED UPON THE ANALYSES THROUGH INDICATING THE FOREIGN MATTER ISOLATED AS CONCLUSIVE OF UNHEALTHFULNESS. THERE IS A SHOWING OF BACTERIA, AND ALSO NITRITES, SO IT IS STATED, INDICATING DECOMPOSITION OF ORGANIC MATTER OF SOME KIND, AND IT IS ASSUMED THE CONVICTION OF AN UNSATISFACTORY CONDITION WAS INFLUENCED MORE OR LESS BY THESE REPORTS.

PROBABLY ALL WATER, OTHER THAN BOILED WATER, CONTAINS SOME BACTERIA, BUT WATER IS NOT BY THAT FACT ALONE NECESSARILY RENDERED UNHEALTHY FOR THE REASON THAT NOT ALL BACTERIA ARE NOXIOUS, AND THE NATURE OF THE BACTERIA FOUND IS NOT DEFINITELY INDICATED AS PERNICIOUS. IF "COLON" IN THE ONE REPORT MEANS THAT COLON BACILLUS IS FOUND, THEN SUCH A RESULT WOULD INDICATE SEWERAGE POLLUTION, AND THE DISCLOSURE IS IMPRESSIVE.

WHETHER OR NOT THE SANITARY ANALYSES ARE CLEARLY DECISIVE OF UNHEALTHY WATER, IT IS PROPER THAT THE RESPONSIBILITY FOR ANY CONCLUSIONS TO THAT EFFECT BE PLACED UPON THE REPORT OF THE ASSISTANT COMMISSIONER THAT THE WATER IS "UNSAFE FOR HUMAN CONSUMPTION.'

UPON THIS CONDITION, AND TO ALLOW THE BENEFIT OF A DOUBT AS TO THE HEALTHFULNESS OF THE ARTESIAN WATER, THE SUM OF $7 WILL ON REVIEW BE NOW ALLOWED; BUT THIS EXPOSITION OF THE CASE WILL EXHIBIT THE NECESSITY OF REQUIRING THAT WHERE A PURCHASE OF DRINKING WATER IS PREMISED UPON UNWHOLESOMENESS, THE EVIDENCE OF THAT FACT MUST BE EITHER A RELIABLE BACTERIOLOGICAL REPORT SHOWING POSITIVELY THE PRESENCE OF UNHEALTHY BACTERIA, OR SUCH AS INDICATES A POLLUTION BY AN INFECTIOUS MEDIUM, OR ELSE THE JUSTIFICATION BE RESTED UPON THE UNEQUIVOCAL REPORT OF A LOCAL HEALTH OFFICER.

VOUCHER 81197, SETTLEMENT 11932, FOR $4.20, ALSO THE SUBJECT OF APPEAL, APPEARS ONLY TO HAVE BEEN SUSPENDED; THEREFORE THE SUM INVOLVED WILL LIKEWISE BE ADMITTED IN A SUBSEQUENT SETTLEMENT IN ACCORDANCE WITH THE REASONS STATED HEREIN.