The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1891-11-16
NEWARK'S new BOARD.
Important Point Raised in
the Chancery
Court.
LOOKS LIKE A MIDDLE.
tan Street and Water Commissioners
Carry on an Aqueduct Suit?
Referred to Errors
and Appeals.

The act of last winter creating the
Board Of Street and Water Commissions
ers seems to have gotten Newark into an
other pretty muddle, and the question
has arisen whether under that act any
one has the power to continue suits be-
gun by the Board for the preservation or
protection of Passaic drinking water.
The question came up before Vice
Chancellor Van Fleet this morning. In
July last Mr.. McCarter, counsel for the
Aqueduct Board in it's suit to restrain
the city of Passaic from emptying its
sewers into the Psssaic River. obtained
an order from the Vice Chancellor substi-
tuting the Board of Street and Water
Commissioners for the Aqueduct Board.
Ex-senator Griggs applied to have the
order set aside, claiming that although
the order was granted in July it was not
served until November.
A MATTER OF vEEACITY.
veracity between the acute Colonel
Price . and phlegmatic Mr.. Rush.
Solicitor, of Passaic. Colonel. Price,
Mr.. McCarter said, was ready TO make an
affidavit that he mailed the order to Mr.
Rns Rns nssfsd sGon as i w5s aapteo but M
AsNoS Al4oASoOtA LhaOf AV 0At hOt ACtCit 2
it Nevertheless, he acknowledged
notice for taking testimony under
which evidence was given by experts, but
upon considering the matter, counsel for
the Aqueduct Board concluded that they
had better serve the order over again and
that was the reason it was not served this
month.
Mr.. Griggs, in insisting upon his app1 j.
cation, said that section of the ACT Of
1891, under which the Street and Waite
Board claimed the powers Of the AQpeduft
Board. did not give the Commissioners
the right to be substituted for the Aq ue-
duct Board in any suit.
That section said that Street and Water
Commissioners should have power to
carry out contracts and carry on suits
commenced by or against any Board or
municipal power of the city.
NOT OF THE GOVERNMENT.
The Aqueduct Board. he claimed. was
not part of che municipal COR
poration of Newark. 1t was
a private enterprise. incorporated
by the city, and all the acts and supple
ments applicable to the city did not APP
ply to the Aqueduct Board
In that case bhe suit should
stand either in the name Of the Aqusduct
Board or to be abatsd,. #, as the com.
| the Aqueduct Board, then there was no
| one to continue the suit, and 1t should BE-
stopped.
NEW BOARDS POWERS.
Mr.. McCarter. in replying, claimed that
| the act of 1891 gave the Street and Water
| Commissioners all the powers of the
| Aqueducu Board. 1t was true. no said,
that the Aqueduct Board was created as
| q special corporation for the undoubted
purpose of making money, But when it
was purchased by the oity In 1867 the
| city acquired all its rights, powers and
| privileges. The Aqueduct Board was not
| abolished by the act In so many words,
Mr.. McCarter said. because then the act
| would probably have been unconstftu-
| tional and special. The act made
| the Street and Water Board the agents
| SCISSOR of all the rights and privileges OF
the Aqueduct Board. it was proper that
| the suit should be continued in the name
| of those agents. the Street and Water
| Commissioners.
| Mr. Griggs reiterated his claim that II
| the act of 1891 abolished the AQueduct
Board the case could not go, and said he
| did not think that as the law stood now
| Newark could maintain suit to recover
| a penalty for Dolluting the Passaic.
THE DECISION.
| In dispoSing of the matter, Vice Chan
cellor Van Fleet said that it had been
| suggested that he read the act of 1891. He
| had read that act three times, and
| after the third time he understood
| it less than after the first. The question
raised was one of the utmost Importance,
and Should be decided at once.
| He would therefore deny Mr..
the appeal be argued at the term of the
Court OF Errors and Appeals W hich opens
| tomorrow Both sides oonse nted and
| such an order was made.