The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1898-11-14
STOPPING POLLUTION
Newark Wins the First Suit
for the Protection Of
Her Watershed.
Especial to ..The Jersey city News."l

NEWARK, Nov. Il, 1SsS.-The local
Board of Health won its first suit to pre-
vent pollution of the Pequannock water
Shed Saturday. when Justice Howard
Little, of Newton, found John Forgerson,
of Stockholm. guilty of maintaining a
nuisance and source of pollution TO a
stream which empties into the Oak Ridge
reservoir. Forgerson was sentenced to
pay a $50 fine and costs with an addition
al fine of $40 for each day which the nuis-
ance may continue unabated.
The prosecution was conducted under
the act Of 1897 and Forserson was con-
victed on the testimony of Inspector
James Gibson, who, though an employe of
the local Board of Health, is paid by the
East Jersey Water Company. Joseph
Coult, who also represents the water
company, appeared for the Board of
Health. Joseph Swayze, of Newton, de-
Tended Mr.. Forgerson, and the case was
strongly contested. it being the first test
of the act. and many other cases in which
~neighbors of Mr.. Forgerson have been
complained about depended more or less
upor the result. The little court room
was crowded by farmers and property
owners from the country adjacent to the
watershed.
The complaint against Mr.. Forgerson
was that he kept a pig pen almost direct
ly over the raceway of a mill stream,
which ran to the Oak Ridge reservoir.
There is a pond and another stream on
Mr.. Forgerson's property. All of them
are nearer to the Canistear and Clinton
reservoirs than to Oak Ridge, but the
natural courses of the streams are toward
thelatter place. The streams join before
reaching the reservoir.
II the party which appeared for the
complainant yesterday were David D.
Chandler, Health Ofieer of this city;
Morris R. Sherrerd, engineer of the Board
of Works. and his assistant. Horace N.
Mitchell; DR.. John L. Leale, of Paterson,
special Inspector of the East Jersey Water
Company DIR. Richard N. Connolly, BAG
teriologist of the Board Of Health, and
Mr.. Coult and Mr.. Gibson.
Mr.. Swayze, when the case was opened,
asked for a non-suit on the ground that
the notice was not properly served. but it
was not allowed. Mr.. Gibson gave the
principal testimony. He had been over
the Forgerson place a score of times, he
said, and told of what he had seen there.
Tho offending pig pen is located within a
few feet of the raceway and pollutes the
stream. OF the pig pen. Mr.. Gibson said,
Mr.. Forgerson had told him that '''he'd be
hanged if he'd do anything about that be-
cause the mill wasn't used and the pollu-
ton did no HARM
Mr.. Gibson said tina he had asked Mr..
Forgerson several times TO abate the
nuisance. son one OCCASION" he said, Il
took dinner there and asked him if there
wasn't something that his wife or daugn-
ter would like to nave that would cost
about SIS, and asked him whether it
wouldn't be better to buy it for them
than to pay a lawyer that amount and
then lose the case. I coaxed and tried
to persuade him in every way, but he was
obstinate"
Engineer Sherrerd exhibited diagrams
of the situation of the streams and DR..
Leale ave testimony similar to that of
Mr.. Gibson.
For Mr.. Forgerson, Mr.. Swayze claimed
that the pigs in the pen complained of
We're not confined, but roamed over an
acre of ground, and were only fed in the
pen. AS a source of pollution, Mr.. Sway
re said, the pig pen was not to be con-
sidered.
you say the pigs are not confined in
the pen,' replied Mr.. Coult, but only eat
tnHre. But Wou.u you IuIau Telling me
where those pigs sleep?"
There isn't any use of discussing the
matter further" broke in Justice Little.
II don't want to be impartial, but ! can't
do otherwise than find the defendant
guilty. and fine hiEl according to law"
II don't see what business the Newark
Board of Health has to come up here
and try to tell US how to run our farms,
declared Mn. Swayze.
sit doesn't want to do that said Mr..
Coult. but It means to see that its water
supply is kept pure
II ask that no execution be issued fer
a time said Mr.. Swayze. reserve
the right to carry the case to a higher
court. We snail carry the case up high
er, or else abate the nuisance at once
"Yon have that right" said Mr.. e'oult.
ssYou can carry il to any court you
choose. If this act isn't strong enough
and isn't constitutional we lave got the
Legislature bach Of as to make a strong
er one"
None of The other cases of alleged pol
luton referred to in a recent report by
spector Gibson have been brought before
the court. 1t having been decided to wait
for the result OF the ForEerson ease be-
fore commencing suits. IT that case is
not Appealed suits will be commenced
against all other yioiators Of the act of
1897. Many OF the cases of violation have
been abated since the epo was made.
and the sources Of pollution are said to