2^2 Bulletin 254. 



State that such drainage constitutes a public use and that such section is not 

 in conflict with the Federal Constitution." 



Referring to the public character of drainage for economic purposes, Judge 

 Peckham said (164 U. S. 112, 158) : 



"The power to drain swamp land does not rest simply upon the ground 

 that the reclamation must be necessarily for the public health. That indeed 

 is one ground for interposition by the State, but not the only one. Statutes 

 authorizing the drainage of swamp lands have frequently been upheld inde- 

 pendently of any effect upon the public health, as reasonable regulations for 

 the general advantage of those who are treated for its purpose as owners 

 of a common property." 



On general considerations, drainage would seem as much entitled to recognition 

 as a public benefit as is irrigation, provisions for which have repeatedly been made 

 by Federal enactment. The most simple and most effective action would appear 

 to be to insert a clause in the State's Constitution, in connection with the above 

 quoted amendment, recognizing agricultural drainage, in terms, as a public benefit 

 in harmony with other states and the developing spirit in this state. This would 

 be a sufficiently clear expression of public opinion to claim the attention of the 

 courts and perhaps bring them up to the position taken in other states in the 

 application of the principle of eminent domain. If these principles are accepted 

 the law of 1895 would be valid and could be repassed in total as probably the 

 most simple and equitable enactment which can be made. 



I.TST OF DRAIN TILE DEALERS. 

 New York. 



Firm Name. Town. County. 



Jackson, John H Albany Albany. 



Genoa Brick and Tile Co Genoa Cayuga. 



Ryan & Hall Cortland Cortland. 



Lyth Tile Co Buffalo Erie. 



Peck & Wood East Bethany Genesee. 



Peirson, Edw. E Brooklyn Kings. 



Devendorf, Lanning & Co Chittenango Madison. 



New York State Sewer Pipe Co Rochester Alonroe. 



Rochester Brick and Tile Mfg. Co. . . . Rochester Monroe. 



Sangerfield Brick and Tile Co Sangerfield Oneida. 



Merrick, C. & L Syracuse Onondaga. 



Armstrong, F. P Warner Onondaga. 



Abby, B. G Aliens Hill Ontario. 



Hollis, Co., W. M Canandaigua Ontario. 



Childs, A. S Geneva Ontario. 



Johnson, T. W Stanley Ontario. 



Empire State Drain Tile Works Stillwater Saratoga. 



Cook Brick and Tile Co Ithaca Tompkins. 



Lyons Sewer Pipe Wall Plaster Works. Lyons Wayne. 



Hilfinger Bros Fort Edward Washington. 



.^kron Vitrified Clay Mfg. Co., Akron, Ohio. 



United Clay Companies, 39 Cortlandt St., New York City (Agent for Akron 

 Vitrified Clay Mfg. Co.). 



