1910] FOREST, GAME AND FISH WARDEN. 51 



nection therewith, that I have been doing all possible to prosecute these 

 people for this offense. 



During last Fall, we took several samples of this water and made a test 

 with them, and it developed that each sample killed fish in a comparatively 

 short time. All of this information was given to the last Grand Jury, at 

 Elkins, but the jury only found one indictment, which indicated to me that 

 some influence might have been brought to bear to prevent the jury from in- 

 dicting them in all of these cases. I have never been able to ascertain why 

 it was that one indictment would be found against the company, where several 

 similar offenses were presented, each of them certainly violations of the law. 



As to trying theSe cases before a Justice of the Peace, it would certainly be 

 more than foolish ,as the company would promptly appeal them to the Cir- 

 cuit Court, in case they were found guilty. I find the same conditions existing in 

 another county, where I have attempted to make prosecutions for polluting 

 tsreams. You are certain to get up againht the local influence, and, as a rule, 

 find men on the jury who believe that the industry is worth a great deal 

 more to the locality than the fish, and, consequently, it is very difficult to even 

 procure an indictment for this offense, much less a conviction. 



There might be a chance of securing an injunction against an industry of 

 this character, under the Forest, Game and Fish laws, and enjoin them from 

 operating, but I consider it at least, a very hazardous risk, and besides, there 

 has been no appropriation whatever for suits of this character, and, in fact, I 

 am paying rny own expenses and will be compelled to do so from now until 

 the first day of October, on account of the appropriation being insufficient to 

 take care of my general expenses. 



I think it far better for the corporations of Belington and Philippi to 

 join together and enjoin this industry, if it is considered best to do so, on 

 account of them polluting the water and making it unfit for domestic use, as 

 this would be a much broader ground and safer to go into court on, than the 

 mere fact that the water is killing fish. 



As to the people getting up a petition to the Governor and Attorney General. 

 I do not object to that in the least, and if it can be of any service in purifying 

 the stream, it should be done. I have had several talks with Governor Glass- 

 cock about theee pollution cases, and he understands fully the difficult problems 

 that we are facing in all of these matters. 



I am willing, anxious and ready to do anything in my power to correct this, 

 and think I will again, present the evidence I have before the Grand Jury 

 next week at Elkins, and see if we cannot secure some more indictments 

 against this company, and, if possible, will try to have the case tried, on which 

 we made an indictment during last court. I feel certain, however, that we 

 must get this on a broader plain, than the mere killing of fish, before we 

 could hope to be successful in making these prosecutions in counties where 

 the local interests are opposed to prosecuting their own industries. 



I am inclined to think that the town authorities of Belington, would be 

 willing to join the Philippi people in making this fight if it is deemed best 

 to do so. Tharking you very much .for your letter, I am, 



Yours very truly, 



J. A. VIQUESNEY, 



Warden. 



