The Jersey City news., 1898-04-20

ON this queslqloH ot tAt rtS y " VI ~ @ LIZ
face wash, Mr.. Stevenson cited famous
English cases IN suppoft oi ms PROPOSE
tion. He insisted thht y ala not appear ppesdr
nuisance. Paterson had 2oQ miles q
streets and the wash from these streets.
found its way into the Passaioe River,
and no one can enJoin the CITY from
posxng that wash into the stream. A
city had right to wash It's face and los
body and the city OF Paterson Is ENJOY
the river.
There are other ways toltest this priv
LEGGED right to use the stream" said Mr..
Stevenson. Why doesn't the State IN
diet the cities of Paterson and Newark
for this state of affairs? That would
sharply define our position, but the state
dare not There is no proof of public
nuisance above tide water, and the COM
plants of Simmonds. who says his ice
business is ruined. are ineffectual He
says ne started In business IN 1876 with
fuil knowledge of the coming growth Of
the city Of Paterson. For nearly q. de-
cade he AMI his fellow complainants pave
allowed the city of Paterson to expend
thousands of dollars in developing its
sewerage system. and didn't do a thing
most audacious claim for a preliminary
that ever heard OF.
Now, your Honor, in conclusion, can
this court convict the city of Paterson or
polluting the river at Belleville intake of
Jersey City? Just think of it! Newark
pours S4,00Uo00 gallons Of sewage into the
river within a short, distance Of Belle
Vile and the tide washes 1t up. Oranges
union sewer pours into the stream
million gallons daily near the same poln{--
Passaic CITY pouTs ainother mliiioh ~ ga,
Ions into It, and forsooth. poor paterson y
is to be. stopped using us Ilgnts, anu y
responsible for the nastiness IN tne RIVER, M
ihere ls no puphc nulsatcS s9w,, s,,eraiss
III the aIudVitS " tle Ar.vtisy ag.
case that cam be lald at PATERSON uoor'
salu MT. o1eVSnson r,,..., ,s.,,, ~ tba
as,,neei said the nS,tai9jiify Of the
water Water at tidal waters could not be sus
ssi,lee saa ,,d no one wants to drink sea wa
ser IRE e Stste he sssid merely gave to
1arsav 1ity fhe right 10 divert from the
whoesnme water for its inhabitants. and
the exfenf Of this decision IS limited by
its use. Newarlk's case is identica~
Jersey (,itv therefore, had no interest TO
Claim in the non-potability Of the water,
and by the act of 1852 she had no right
to Interfere with the rights Of Others in
the stream.
Iarsev ,s,a civ did not use the water at
Relleyille any more, and even if the city
of Paterson was at fault. as claimed. by
the applicants for the injunction, the for
mer city had no case. He then claimed
that Jersey City and the other coanplafn-
ants were guilty of laches and had toler-
they were not now entitled to relief
George McEwan, for Willard Fisk, Cor
poration Attorney, presented Mr.. FISK s
arguments in behalf OF Jersey City. He
quoted from Governor Grlggs last mes
sage on the pollution of the Passaic, il
which the Ex-Governor said that the rive
from Little Falls to Newark Bay wa.
a nuisance, a danger to public heaitl
and a menace to the value of property.
do you think your affidavits come Vi
to all the Governor says in his message
asked the Chancellor.
Mr. McEwan replied that he thought ]
was. and went on to argue on the lint
laid down in the Governors message
when the Chancellor Interrupted hin
again with. SIN this case we are deal
ing with the data before us The Gov.
ernor was speaking from different infor-
mn fion.,
Mr McEvan still maintained that the
affiiax-its suhnifted hv his side maintain
cd ail tbat the f3avernor said.
.J, a. nasa If fhis si1nnortance asked
tha rbanceIIor "aho,,ld This court on ex
r',S af4;ds,.tts star, in and ston the sew
p,seo pa. eo ss,.sqa austs,o "a AZ nncea,,
M SicEvlar ~ tholaht that # should He
clai1,,ad +bat tba obiscf If the Complain
clailieu ,ilsss .nS ooJess = etc, 81 far
! ans ans WIS Us a,os ss1yaoa Int
sba sbn, dy,5 want patersen made
~ gisasa af ;t sa,,ya e In !. ,9roner maj
.o a1,d not ~ enntv its i,np,lrffies into
e tea' az 10 ~ tte ~ 6atI;,ant f he ieaIt1, ~
thoS aInne 20 Ire hanks and the enreciafion
olfo Of nronarty -
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