The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1897-09-22
DISPUTE OVER A PIPE LINE.
East Jersey Attacked BY q MontcIafr

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Especial to 1.-THE jersey City News."]
NEWARK, Sept. %, 1s97.-A rule to show
cause why an injunction should not be
issued against the East Jersey Water
Company in a case in which one of
Newark's pipe line plays an important
part was granted by vice-Chancellor
Stevens yesterday.
The application was made by James M
Trimble on behalf of Rev. Joseph F.
Mendl, rector of the Church of the I'M
maculate Conception in Montclair. The
contention is based on the ~company's
right to cross land claimed to be owned
in fee by the church corporation.
Some nice legal points are involved. one
of which is said to have never been set
tied in this State.
In the bill filed by Mr.. Tremble it is as
serted that he Church of the Immaculate
Conception owned a tract of land lying
partly in Montclair Township and partly
in Passaic Township, Pasaic county.
Through this land runs a public highway
known as Telegraph road, which cuts off
about two acres from the main tract OF
fifteen acres or SO.
Through the smaller plot the pastor
claims the water company laid a pipe
line without having acquired an easement
or obtained permission to cross the land.
1t is claimed by the clergyman that
when he learned that the pine line was
headed toward the church property he
ave formal notice on or about July Is
last, protesting against the conduit being
carried through.
Father Mendl says that he believed his
objection would be respected, but he adds
that he was surprised to learn early in
August that the pipe had been laid despite
his protest.
Since then, Mr.. Trimble told the Vice
Chancellor, the church trustees nave been
negotiating with the East Jersey Water
Company to effect an amicable settle
ment.
But Charles H. Corbin, for the COM
pany, has maintained that the corpora
ton had a right to go where it did with
its pipes, as the section traversed was
not private property.
The Vice Chancellor asked Mr.. Trim
BILE it the pipes had been laid within the
legal limits of the road, stating that the
statutes provide a legal width of four
rods for country roads whose widths are
not otherwise specified.
To this the lawyer answered that the
pipes had not been daid within the linn
its of the road as it is used by the pub
lie, but that they had been put down
within the lines given for the church
property.
Whether the pipes were within the
legal limits of the road or not, Mr.. Trim
BILE could not say.
THAT leaves the case in doubt as to
he legal right to claim an Injunction, "
said the Vice Chancellor.
1T also brings up the point whether or
not the carrying of a pipe line by a pri-
waite corporation to supply an adjoining
municipality with water can be consid-
cred as one of the burdens of a coun-
try road.
THE question has never been decided
in our State, at least it had not been up
to a recent date"
Under the law, the Vice Chancellor
went on to say, he could not grant a pre-
liminary injunction, but he signed the
order to show cause and made it return
able before Vice Chancellor Emery next
Tuesday.
The Montclair Water Company was
made a co-defendant in the action, as
Mr.. Trimble claimed that it was interest
ed in the pipe line and was a corporation
associated with or controlled by the East
Jersey Water Company.