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The lawsuit that put chlorine in America’s water

There is a good chance the glass of water on your kitchen counter owes something to a courtroom in New Jersey. In 1908 Jersey City began dosing its supply with chlorine; two years later the method went on trial for thirty-eight days, and what the court decided helped nearly erase typhoid from American life.

A chemical metering pump dosing chlorine from a white bucket of sodium hypochlorite into a blue flanged pipe, which pours clear water into a treatment basin. A water tower stands in the distance.
A chlorine feed at a treatment basin. Jersey City used powdered chloride of lime in 1908; most plants today meter in a liquid form, but the principle has not changed — a very small, very carefully measured dose. The photograph is an illustration rather than the original plant.

There is a good chance the glass of water on your kitchen counter owes something to a courtroom in New Jersey. Not a laboratory. A courtroom.

In 1908, the private company supplying Jersey City began adding a small, carefully measured dose of chlorine to water drawn from the Boonton Reservoir. No American city had done that as a routine, continuous practice before. Within two years the method had been put on trial, and the verdict helped change how nearly every town in the country treats its water.

I went back through the record. The real story is better than the half-remembered version from a high-school science class.

The problem they were actually solving

Around 1900, typhoid was an ordinary part of American life. The CDC puts the rate at roughly 100 cases for every 100,000 people. It is a disease that travels largely through water contaminated with sewage, and cities were growing faster than anyone’s plan for keeping the two apart.

Sand filtration was already spreading and it helped. But a filter is a physical screen. Engineers of the day were learning that filtered water could still carry enough bacteria to make people sick. Something had to finish the job.

Two men and a very small dose

The idea came from John L. Leal, a physician who advised the Jersey City Water Supply Company. He had been experimenting with chlorine compounds and concluded that only a fraction of a part per million was needed to kill the bacteria that cause disease. That is the detail I find most striking: the breakthrough was not a big chemical hammer. It was precision.

The plant itself was designed by George Warren Fuller, a sanitary engineer with the New York firm Hering & Fuller. It fed a dilute solution of chloride of lime, known today as calcium hypochlorite, at roughly 0.2 to 0.35 parts per million. By one account that worked out to about five pounds of bleaching powder for every million gallons of water. Five pounds into a million gallons is a vanishingly small amount, which was exactly the point.

Why it ended up in court

Jersey City and its water company were already locked in a dispute over whether the supply met the terms of their contract, and the new chlorine plant landed squarely in the middle of it. Was adding a chemical an acceptable way to deliver clean water? Somebody had to decide.

That somebody was William J. Magie, a veteran New Jersey jurist, who heard the case as a special master. The trial ran more than thirty-eight days. It produced testimony from dozens of witnesses, hundreds of exhibits and more than 3,000 pages of record. Leal and Fuller both testified in support of the system.

On 9 May 1910, Magie ruled that the chlorine device could make the water “pure and wholesome.” In plain terms, a court looked hard at the evidence and concluded the method worked. The sanitary engineer C.-E. A. Winslow predicted the case would become one of the landmark lawsuits in the history of water supply, and he was right.

What happened next

The ruling opened the door, and cities walked through it quickly. According to Michael J. McGuire, an engineer who wrote a book-length history of the episode, more than 21 million Americans were drinking chlorinated water by 1914 — about 53 per cent of the roughly 40 million people then served by municipal systems, only six years after Jersey City flipped the switch.

The numbers that followed are some of the best news in American public health. The CDC reports that typhoid fell from about 100 cases per 100,000 people in 1900 to 33.8 by 1920. By 2006 it was down to 0.1, or 353 cases nationwide. The agency counts drinking water treatment among the ten great public health achievements of the twentieth century.

The honest footnote

An investigative piece should check its own favourite statistics, so here is one worth checking. A widely cited 2005 study by the economists David Cutler and Grant Miller credited clean water with a large share of the drop in American death rates in the early 1900s. Years later a team led by D. Mark Anderson, Daniel Rees and Kerwin Kofi Charles re-examined the data. They found transcription errors in about a fifth of the infant mortality figures and much weaker evidence for the broad claim.

What survived their review is still remarkable: filtering city water sharply reduced deaths from typhoid. The researchers on both sides shared data and worked it out in the open. That is how good science is supposed to go, and the core finding held.

What I take from this

  • The best water work is invisible. Nobody notices typhoid that never shows up, and that quiet is the success.
  • Getting it right was about measurement, not muscle. Leal’s insight was how little was needed.
  • The method earned its place with evidence. It went through a thirty-eight-day trial before most of the country adopted it.

Every time you fill a glass at the tap, you are drinking the result of an argument that was settled with data more than a century ago. That is worth a toast, preferably with water.

Sources

  1. CDC — History of Drinking Water Treatment
  2. Tata & Howard — An Unlikely Connection to Safe Drinking Water
  3. Drexel University — Q&A with Michael McGuire on The Chlorine Revolution
  4. Cutler & Miller — The Role of Public Health Improvements in Health Advances (NBER Working Paper 10511)
  5. IZA — Revisiting the importance of replication studies in economics
  6. Wikipedia — Water chlorination
  7. Wikipedia — William J. Magie

Every figure in this article comes from the published sources listed above. This is general information, not advice about the water at any particular address.

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