committee, for it was certain that in a short time a nuisance would be created in the pond;1
but finding that it must choose between the two plans, it chose what it considered the lesser evil —to discharge into the pond, the view of the Legislative committee being that the public health of Charlestown
and other places, users of the water, far outbalanced the fears of Medford
in regard to the creating of a nuisance in Mystic river
A bill was reported, authorizing the city of Boston
to construct a sewer to discharge into the lower pond, with a section designed to protect the interest of the towns of Arlington
Chapter 202, of the Acts of 1875.
Act to authorize the city of Boston to construct a sewer in the Mystic Valley
The City of Boston is hereby authorized for the purpose of protecting the purity and remedying the pollution of water supplied from Mystic Pond, so called, by virtue of Acts of 1861 and acts additional and of amendment thereof, to construct for that purpose a main sewer. . . and branches. . . on the easterly side of the ponds and streams which discharge into them.
Commencing in the town of Woburn. . . through Winchester into the town of Medford and emptying into the lower Mystic pond at some convenient point near the upper end thereof said city is authorized to extend or divert into said sewer any streams or water-courses, whether natural or artificial, flowing directly or indirectly into Mystic Pond or its headwaters, or into any stream or pond connecting with or discharging into said Mystic Pond, which contains any source of pollution.
The other sections of the act are of no interest to this paper, except Section 12, which is as follows, viz.:
This Act shall not be construed to grant an interminable right to discharge sewage into Mystic lower Pond, but the Legislature may, from time to time, by law, regulate and determine the disposition to be made of such sewage for the purpose of protecting the public health, and especially that of the inhabitants of Arlington