(4) There will be practical absence on the surface of the Hudson River at the dispersion area or elsewhere, of any grease or color due to the discharge of said sewage.

(5) There will be no public or private nuisance occasioned by the discharge from the said sewer.

(6) The effluent from said sewer shall not injuriously affect property of the United States in the Hudson River.

(7) There shall be excluded from the sewer all refuse matters of the classes forbidden by law to be discharged into the navigable waters of the United States.

Third. At any time subsequent to January 1st, 1917, or to the date when there shall be 50,000 persons contributing sewage to said sewer whichever date first arrives the Secretary of War of the United States may designate a board of three men, which shall make inquiry into the pollution of the Hudson River by the presence therein of sewage, filth and refuse matter, and upon a view of the facts and circumstances thought to deserve consideration, this board shall determine and thereafter report to him what, if any, purification of the effluent of the Bronx Valley sewer, in addition to that specified in the foregoing sections of this stipulation and irrespective of what others in fact may be doing towards bringing about the end desired, ought to be required in order to impose upon said sewer, its managers and the territory served by it, the performance of their just, fair and equitable part of whatever may be necessary for the restoration and maintenance of the waters of the Hudson River to and in such degree of purity as will render them adequate for the support of shad and other major fish life.

After receiving the report of this board, the Secretary of War may, from time to time, direct such further degree of purification of the effluent of the Bronx Sewer not in excess of the findings of the board as he may think proper; and within two years after receiving such directions, the Bronx Sewer Commissioners or their successors in control shall cause the same to be brought up to the required standard.

The board of three appointed by the Secretary of War shall include one member designated by the Bronx Valley Sewer Commissioners or their successors, provided he be named within thirty days after request therefor, and provided further that all expenses incident to his services shall be borne by those in whose behalf he is designated. A majority of the board may act and a report concurred in by two members shall be the report of the board.

Fourth. At all times thereafter, through such representatives as may be designated, the Secretary of War of the United States shall have full opportunity to inspect the construction of the proposed purification plant and the condition and working of the entire sewer system, in order to determine whether the terms and the provisions hereof are being observed in all respects; and to this end the Commissioners will render such expert or other assistance as he may request. Said Secretary at all times shall have the right to decide whether such terms and provisions are being complied with; and upon notice from him that they are not, the Commissioners or their successors shall forthwith do whatever may be necessary in order to effect compliance therewith.

Fifth. Full compliance at all times with the terms and requirements of this stipulation shall be and remain the express conditions of any permits issued by or on the part of the United States for the construction and future maintenance and operation of the Bronx Valley sewer or any part thereof.

Sixth. This stipulation shall not become effective unless and until all such permits as may be requisite under the statutes of the United States for the construction, maintenance and operation of said sewer, according to the plans and specifications heretofore prepared, are actually obtained or unless or until such permits are made conditional upon compliance at all times with all the terms thereof.

Seventh. As soon as the permits contemplated in the section immediately preceding have been issued and this agreement, properly executed, has been filed in the office of the Clerk of the Supreme Court as a stipulation between the parties in the above entitled cause, the United States will cause the bill of complaint to be dismissed, but without prejudice.

Eighth. Nothing herein contained shall hinder or interfere with the assertion or execution by the United States of their rights and powers granted by the Constitution or Statutes.

In witness whereof, this instrument has been duly executed in triplicate, being signed in the name and on behalf of the United States by the Attorney-General and by all the members of the Bronx Valley Sewer Commission and being sealed also on behalf

of said Bronx Valley Sewer Commission with its seal attested by its Secretary-all on the 17th day of July, 1912.

THE UNITED STATES OF AMERICA.

By George W. Wickersham,

Attorney-General.

THE BRONX VALLEY SEWER COMMISSION.
By Frank Jerome Hoyle.

John L. Hayes.

Henry C. Merritt.

(Seal) Attest.

JAMES J. SHAW,

Secretary.

STORM KING MOUNTAIN HIGHWAY.

Storm King Mountain is the western pillar of the northern gateway of the Highlands of the Hudson River. It lies close to the river, about 31⁄2 miles in an air line north of the West Point Military Academy, and about 4 miles in a direct line south of the City of Newburgh. The mountain is 1,389 feet high. Around its eastern base on the shore of the river runs the West Shore railroad. Immediately north of the mountain is the village of Cornwall. The State of New York is building a State road on the west side of the river, and the important link between Cornwall and West Point, including Storm King Mountain, is now under consideration. Three plans for the Storm King portion of the road have been proposed:

One proposition contemplates carrying the highway through the base of the mountain by means of a tunnel, approximately near the level of the railroad track, with the ultimate view of exchanging the tunnel-highway for the railroad right-of-way that is to say, letting the railroad use the tunnel and carrying the highway around the mountain on the present railroad bed. This would be chiefly advantageous to the railroad by eliminating a portion of its curve at that point, and the danger of falling rocks.

The second plan is to carry the highway through a tunnel 1,300 feet long at the elevation of 180 feet above the river. This plan

was adopted by the State Highway Commission, and a contract let for its construction, but work was stopped by a taxpayer's suit. The third plan is to carry the road around the outside of the mountain on the river side at an elevation of 400 feet. This is recommended by the engineers of the Palisades Interstate Park Commission and is now under consideration by the Highway Commissioners.

At a meeting of the Trustees of this Society held February 24, 1913, the Board adopted resolutions recommending the latter route and protesting against carrying the highway through a tunnel. In support of this position, we respectfully communicated to Governor Sulzer and to Hon. C. Gordon Reel, State Superintendent of Highways, the following objections to the tunnel plan:

1st, a tunnel will interfere with the continuous use of the highway at all seasons of the year to which the taxpayers are entitled. In winter time, when there is sleighing on the open air highways, there will be no snow in the tunnel and this important connecting link will be useless. At all seasons, traffic through the tunnel is liable to interruption owing to the danger of the electric light service giving out, as frequently happens on a country circuit. Under these conditions, the favored beneficiaries in the summer time would be automobiles from afar. This discrimination is as unjust as it is needless.

2d. The tunnel will serve as a lurking place for highway robbers and promote their evil designs.

3d. The tunnel will be unsanitary not only on account of the use by horses and the exclusion of sunlight, but also because it will invite the committing of various nuisances.

4th. The tunnel is objectionable because it deprives the users of the natural scenic advantages of the superb mountain.

The reasons for an exterior route, situated well up the mountain, are mainly the converse of the objections to the tunnel. Storm King is one of the noblest mountain outlooks on the Hudson River picturesque to be looked at, and when looked from, commanding a superb natural panorama of mountain and valley, field and stream. There is no scenic highway in the eastern part

of the United States to be compared with the route selected by the engineers of the Palisade Interstate Park Commission, upon an elevated shelf with a full view of the scenery. We are assured that the survey of the Engineers of the Palisade Interstate Park to which falls chiefly the "condemnation" costs shows conclusively the practicability of an outside route, without tunnel, with good grade and safe construction.

We are firmly persuaded that an opportunity is here presented for a distinguished work which in fairness to the taxpayers ought not to be neglected; and the consummation of which will be a lasting credit to the State.

KNOX'S HEADQUARTERS AT WINDSOR, N. Y.

On January 6, 1913, the Hon. Caleb II. Baumes of Newburgh, N. Y., introduced in the Assembly, and on January 14, 1913, the Hon. John D. Stevers of Middletown, N. Y., introduced in the Senate, the following bill:

An act to provide for the acquisition and preservation of Knox's headquarters in the town of New Windsor, Orange County, and making an appropriation therefor.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. The Commissioners of the Land Office shall, if able to agree with the owner or owners for the purchase thereof within the amount hereby appropriated, acquire title, on behalf and in the name of the people of the state, to the premises known as Knox's headquarters, in the town of New Windsor, Orange County. The title to such premises shall be approved by the Attorney-General.

2. After title to such premises shall have been acquired, as aforesaid, the Trustees of Scenic and Historic Places shall have control and jurisdiction thereof for the purpose of preserving the same for the benefit of the people of the State of New York, as a historic landmark and for educational and patriotic purposes.

3. Upon the requisition of such Commissioners of the Land Office and upon a voucher or vouchers certified by such Commissioner, or by such officer or officers thereof as they may designate for the purpose, in form to be approved by the Comptroller, the Comptroller shall pay the sum or sums that may be necessary to pay for the lands authorized to be acquired by the authority of