requisite to control this insane project a peremptory order prohibiting such connection would be eminently proper. Find, also, report of action of Michigan City Board of Health. All of which is respectfully submitted.

R. O. CRANDALL, M. D.,

Secretary Laporte County Board of Health.

We believe that the above reports contain a true statement of facts, but at the same time they expect, or rather demanded, too much of this Board. The law does not give it authority to bring action against the State nor an incorporated city for maintaining a nuisance, and especially against a city which has a regularly organized health board. It is questionable whether the State Board has the right even to bring a similar suit against a private citizen, as it is held by good authority that in such matters its functions are only advisory. However, there is no doubt but that it has the right to direct local boards to bring such action. Under the law this Board has the undoubted right to place its seal of condemnation upon the sanitary surroundings, and internal arrangement of all public institutions, when the same are found to be detrimental to the public health. Upon receipt of the reports we transmitted them to the Governor, as he is the proper authority to whom all matters affecting State Institutions, should be referred.

On August 4, 1887, the Governor called the attention of the Board of Prison Directors to the matter complained of, by forwarding to the President of that Board copies of the reports. Upon the same day the State Board of Health was in session, and after considering the health officers reports, condemned Fish Lake Creek as a nuisance, and directed the Secretary to notify the prison authorities of its action. The Secretary was also instructed to request the Water Works Board to forward to the State Board of Health a diagram of their water system, which would show the contemplated connection between the main and the harbor, and that leading from the wells from which the potable water supply of. the city is taken, and also to call their attention to the reports of the health officers, and ask them to give this Board a statement of facts. Upon August 16, 1887, the Prison Directors met in Michigan City, and considered the Governor's letter and the reports which had been

4-BD. OF HEALTH.

transmitted to them, and assumed the position that the State was not liable, which will be seen by the following order which they passed:

WHEREAS, The Legislature of the State of Indiana, did in the fifty-fourth regular session of the General Assembly of said State pass an act entitled "An act for making a contract with the city of Michigan City for constructing a sewer from the Northern Indiana State Prison, and emptying into the harbor on the east side of said city." Approved February 27, 1883, which said act is in the following form and words, to-wit:

SECTION 1. Be it enacted by the General Assembly of the State of Indiana, That the State of Indiana will pay the cost of the construction of a sewer along and over the route above described, of the dimensions and character recited, the amount so to be paid not to exceed, however, the sum of thirty-three thousand two hundred and forty dollars to the city of Michigan City: Provided, Said city by its ordinance shall first accept the terms and provisions of this act, and agree to construct such sewer within the period of twelve months from the passage of this act, and further agrees that said State shall have the free use of said sewer and Fish Lake Creek, running through said city of Michigan City, to the harbor for sewage and drainage from said State Prison, and further agree to maintain and keep said described sewer and its connections in Fish Lake Creek and into said harbor in good condition ever hereafter; a copy of which ordinance shall be filed with the Auditor of State.

SEC. 2. From time to time, as the work progresses, the Civil Engineer of said city may make estimates of the amount of work completed at such time, and upon such estimates being verified under oath by such Engineer and filed with the Auditor of State, he shall draw his warrant upon the Treasurer of State in favor of said city, for the amount of such estimates: Provided, That of the gross amount appropriated by this act, twenty per cent. of the same shall not be paid until the work shall be fully completed, and shall be so certified to be by said Engineer under oath and his certificate filed as aforesaid.

SEC. 3. There is hereby appropriated the sum of thirty-three thousand two hundred and forty ($33,240) dollars, or so much thereof as may be necessary, out of any money in the Treasury not otherwise appropriated, for the purpose of carrying out the provisions of this act; and,

WHEREAS, The said city of Michigan City, by its Common Council, did accept and agree to the terms and conditions of said act, and did-for the purpose of interpreting and more fully explaining the true and actual intent and meaning of said act, and in consideration of the appropriations made thereinpass and adopt an ordinance and cause the same to be spread upon the record of said city, and Council fully accepting and agreeing to all and every stipulation and condition of the act aforesaid, which said ordinance contains the following section, to-wit:

SEC. 2. And be it further ordained by the common council of the city of Michigan City, that the true intent and meaning of the act of February 27, 1883, under which this ordinance is passed, and a copy of which is hereto attached, is, and is hereby declared on the part of said city to be as follows, towit: That said city is bound thereby and hereby agrees and obligates itself, as soon and as fast as moneys sufficient for such purposes may come into its treasury, to build and thereafter to maintain, at its own charges, all that portion of said sewer in said act provided for, extending from the place where the line of said sewer, as designated in said act, is now intersected by the line and track of the Louisville, New Albany & Chicago Railroad Company, near Fourth street, in this city, to the point where the State Prison sewer, upon the lands of the State Prison North, now intersects Fish Lake Creek; said section of said sewer to be built along the line of said creek, as near as practicable; and to be of sufficient depth and capacity, fall and flowage, to carry away and discharge the sewage therein deposited from said prison. And in the meantime until the completion by said city of said portion of said sewer, as above described, the said city hereby agrees, and is and shall be hereby bound, under the interpretation of the true intent and meaning of said act, now herein made and placed by said city thereon, to keep and maintain the portion of said Fish Lake Creek, between the points of intersection above herein named, now used as a sewer, free, clear, clean and available for such use; and to save and keep the State of Indiana, and all officers of said State and prison, harmless from all prosecutions, suits, or actions or injunctions, for any nuisance, trespass, damages or claims for compensation of any kind upon account of the use of said portion of said creek as a sewer, or upon account

of the future construction of a sewer therein, whether said suits be now pending or are to be hereafter brought herein. And,

WHEREAS, On the 4th day of August, 1887, the Governor of the State of Indiana transmitted to this Board of Prison Directors the following communication and documents, to wit: Henry Monning, Esq., Director State Prison North, Ft. Wayne:

DEAR SIR-I have the honor to enclose herein a report of the health officers in relation to the condition of the surface sewer of the Prison North, and respectfully call your attention to the same. Very respectfully, ISAAC P. GRAY.

[The reports mentioned in the Governor's letter are published above.J

Now, therefore, be it

Resolved by the Board of Directors of the Indiana State Prison North, That the city of Michigan City, its Common Council and officers are hereby called upon, requested and required to take such action as will speedily and effectually remove and abate the nuisance complained of by the several boards of health above set forth, and to do and perform all other acts and things required of said city in the act of Legislature aforesaid and promised and agreed to by said city in the ordinance above set forth; and be it further

Resolved, That a complete copy of this preamble and resolution be transmitted to the Mayor of said city of Michigan City by the Warden of said prison.

SANITARY SURVEY OF COUNTY POOR ASYLUMS.

The following is a table showing the number of inmates, male and female, insane and idiotic, together with the sanitary condition of eighty-seven of the ninety-two county asylums in the State. The total number of inmates is 3,252. Of this number 507 are insane and 325 idiotic. The sanitary condition is not what it should be, as the ventilation in seventeen is reported bad, the heating in ten is insufficient, the water closets in sixteen are bad, and thirty-nine of them in need of improvements. The effect of these surveys and inspections, however, has been to call the attention of the authorities to the condition in which these asylums are found, and in some cases we are assured that the necessary improvements will be made in the near future.