The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1891-12-21
PASSAIC CITY SEWAGE.
Resumption of the Fight
to Keep'it Out of
the River.
NEWARK REBBKED FOR DELAY.
Chancellor McGiIl Intimates That
There is no Added Danger
He Will Read the Evil
dence.
dence.

Another battle in the war VIII ich New
Passaic City for the non-pullution
of the Passaic River was fought in the
Court of Chancery this morning. Mr..
McCarter, representing the city of New
ark, applied to the Chancellor for an in
junction to restrain Passaic from con-
tinuingIemptying sewage into the rive
until the final hearing of the cause.
Ex-senator Griggs opposed:the motion.
He went over the case from the begin
ming and showed that the Court once de-
clined to grant rule to show cause
why preliminary injunction should not
be issued. About two years ago the ap-
lication was fled aud the complainants
began to take testimony which dragged
along until January, '9l, after which
November when Vice Chancellor
Van Fleet made an order substituting
the Mayor and Common Council for the
Aqueduct Board, from which order the
city of Passaic had appealed.
The Senator claimed that this was not
with preliminary injunction under the
practice. The Court only steps
in with such an injunction
when something has arisen to correct
such action since the filing of the bill.
In this case he coutended that no such
emergency had arisen. After the COM
plainants had been two years taking
testimony they come into court ana ask
for final hearing without giving the de-
PENDANTS an opportunity to rebIt the
testimony.
MR. M'cARTER's REPLY.
Mr.. McCarter, in reply, contended that
the complainants had shown in the testl-
mony taken which they wished to sub.
NIT to the Court that such a
state of affairs existed which
would warrant the Chancellor in
granting the injunction. He said that
planned of by Senator Griggs was due to
the abolishment OF the Aqueduct Board
by the Legislature. That was done
against tine wishes of majority
of the citizens of Newark and suit was
brought to test the constitutlonality of
the act anu the complainants were abid-
ing the result of that suit.
The Court said that Newark had not
pushed the case with that ardor she
should have If there was danger to her
citizens from the polluted water. 1t was
the duty of the city to hire every
counsel in the city if necessary and ap.
ply to the chancellor to have the matter
referred to Vice Chancellor to be dis
posed of as speedily as possible. If
the city had been drinking that
water for two years and had not been
injured. he did not think.it would do any
harm to have her drink 1t thirty days
more while the defendants were taking
their proofs. He was of the opinion that no
emergency had arisen which would war
rant him in granting the motion.
Mr.. McCarter. in reply, contended
that such an emergency had arisen.
The city of Passaic was now
emptying number of sewers
. il, to the river and was preparing to empty
more as soon as possible. The
cold weather was coming on,
which the testimony of the
eminent experts declared was more
dangerous time tor the water than sum-
mer, as the ice prevented oxydation.
After some further arguments, in
which Mr.. Edwards. of this city,
took part, the Chancellor said he
would take the testimony and read 1T
over, but he would not take any action
unless he saw n great emergency which
demanded his interference.