The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1896-11-12
Rayine Road Sewer Injunc-
tion Heard Today in
Court of Chancery
STATE HEALTH BOARDS COMPLAINT
Jersey City Says Hoboken is to
Blame and Hoboken Puts the
Blame on Jersey City.

boken, the Morris and Essex Railroad,
Edlow w. Harrison Theophflus Butts
and Michael t. Connolly, Commissioners
of the Ravine Road Sewer, to restrain
them from discharging sewage or pei
luted water upon lots and streets adja-
cent to the Sewer, came up before Vice
Chancellor Pitney this morning in Chan
Gerry Chambers.
The State Boards complaint says that
the Mayor and Aldermen of Jersey City
have under their charge as part of the
drainage system of the city a main sewer
called the Ravine road sewer which is
the outlet for the drainage and sewerage
of a large section, about 300 acres of the
old city of Hudson. This main sewer
was constructed in 1870 in ravine which
was the channel of a stream called Show
hank Brook. This stream led by very
steep descent from Jersey City Heights to
the meadow lands in the westerly part
of Hoboken and the sewer carries not only
the sewage of q large territory of Jersey
City connected with it by lateral sewers.
but also the waters from the drainage
area of the brook partly in Jersey City
and partly in the town Of West Hoboken-
The Rayine road sewer, says tho State
Board, when first built discharged close
to the Hoboken city line and created a
nuisance in the Hoboken meadows and
because at some time Jersey City would
connect with it by lateral sewers a dam
gerous and growing nuisance would be
created to both cities Of Jersey City and
Hoboken.
In April, 1875 the Legislature passed an
act providing for the continuation of the
sewer and Commissioners were appoint
ed for that purpose. Pursuant to that
act the sewer was constructed from the
original terminus southerly across lands
in Hoboken to Jersey avenue, along Jer-
! sey avenue TO connect with two sewers in
Fourteenth street and Thirteenth street,
which sewers had their outlet In the Hud-
son River.
This remedy proved inadequate, says
the State Board. The extension was near
ly level, and whenever there was a heavy
rain the water could not escape through
the extension as fast as it came down
the hill and the pressure caused the
sewer to break and the sewage was dis
tributed on the Hoboken meadows in
greal quantities, where 1t remains stag
The nuisance thus created has long
been of notorious character, and has
been recognized as a constant and grow
ing injury to the health Of the people of
rioooheh and Jersey city, and has given
rise 10 frequent acts of legislation with
view to remedy the evil
by another act passed March 30 1888,
the authorities of Jersey City were given
authority to enlarge and rebuild the sewer
ana enter on the streets of Hoboken for
tnat purpose. Under another act passed
March, 1880. Edlow w. Harrison,
Theophilus Butts and Michael r. Con-
molly were appointed commissioners to re-
build the sewer but although the Com
mission has met and adopted plans 1t
mas done nothing, says the complaint,
toward carrying away the sewage or
abating the nuisance, and the State Board
goes further and says that the act under
Wh-ch It was appointed is of doubt
The State Board complains that the
authorities of Hoboken have refused to
take any action 10 drain the territory af-
fected by the nuisance, and have permitted
the streets and lots ad djacent to the sewer
to remain low and undrafned. They have
also obstructed the natural water course
50 that stagnant pools of water are col
lected and retained, breeding disease and
health
Against the Morris and Essex Railroad
Company the State Board complains that
1T, the company, has constructed its rail-
road. now the Delaware, Lackawanna
waterway to the sewer filed up around
1t, and has neglected to keep a sfuice way
or drain for the low lands in accordance
with its contract with the Mayor and
sl.216.25.
Summing up its complaint the State
Board says that the parties responsible
for the injurious state of things are the
Mayor and Aldermen of Jersey City, who
have collected sewage at the foot of the
ravlne, the Morris and Essex Railroad.
VINO hlled up an ancient water COURSE:
the Mayor and Council of Hoboken for
permitting the obstruction of the outlet.
and Messrs. Harrison, Butts and Con-
molly for doing nothing. By an injunc-
prays that the cities and Commissioners
shall be made to do their duty.
are you ready to proceed2" asked
the Vice Chancellor of Mr.. Charles L.
Corbin representing the State Board; ex-
Judge Blair and Spencer Weart, for Jer-
sey City; Mr.. James F. Minturn, for
L. & w. Railroad.
The trouble is" replied Mr.. Corbin.
the delaware and Lackawanna people
haven't answered. They had twenty davs
in which to answer, and they have not
done so. We are ready to go ahead and
we don't think we should be delayed. II
is a serious matter"
For the railroad, said Mr.. McGee
! have only to say we have filed a de-
murrer and that by decree, being over
ruled and an appeal taken there
Corbin
/ have grave doubts If you go ahead -
said Vice Chancellor Pitney, whether
the evidence used against the railroad
will bind them. am not going to rule
on that now. But you can go ahead
since the cities have answered Mr. Cor
bin both parties proceed at their peril,
Then ! will Withdraw from this case
on the ground that there is no issue
here as against the Delaware, Lackawan-
ma and Western Railroad. since we have
filed demurrer and appeal from the
overruling of that demurrer said Mr.
McGee.
BY order of the vice Chancellor this
objection was entered on the record and
the case proceeded.
Corporation Attorney James T. Minturn
handed in Hoboken's answer to the
charge. 1t was very simple Eoboken
= says that it's all Jersey Citys fault, and
that the sewer really drains Jersey city
land not Hoboken Hoboken has protested
5and appealed to Jersey City, held indig-
$nation meetings and made as much fuss
and kick she could. but Jersey City
was lazy and she was entirely to blame
Jersey Cityss answer was equally direct.
The fault belonged to the railroad and to
a wicked Hoboken, who mad the commits
son appointed. jersey City was ready to
do her duty.
DIR. Henry Mitchell, secretary Of the
State Beard, was the Grs- witness called,
and he described the condition OF the
meadows at the mouth Of the broken sew
The sewage was pouring out of
PIE IN the pipe, he said, and flooded the
fjaesnt lots. The presence of a large
sdy Of sewage In that locality he said,