The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1898-04-19
PASSAIC POLLUTION
Proceedings Before Chan
oel1or McGill Today for
an injunction.
JERSEY cIFY's COMPLAINT
Paterson Claims She Has a Right
TO Dsise The River With Sew
age-Arguments Of Counsel.

The first engagement in what promises
TO be a long fight to prevent the East
Jersey Water Company n the Mayor
and Aldermen of the city of Paterson
from polluting and diverting the Passaic
River, TO the injury of a number OF III
parIan owners along the river below Fat
erson, began this morning in Chancery
Chambers before Chancellor A. 1. McGlli.
The suit for injunction is technically that
OF Attorney General Samuel H. Grey on
behalf of the State at the relation OF
Henry P. Simmons, Catherine
John n. Terhune, John II. Merseles, Cor
nellus Caalnus. Edw. Van Ripper, stephen
Merseies. Henry kipp, Richard 4. hlpp'
David Kent, 7. Brigham Bishop, Scott Z.
Nash Richard Van Riper. Frederick
{ Whitehead, Cornelius Alderman, Mar
kgaret kipp, Peter Kipp, Ralph Garrison,
zsamuel Phillips, Martha A. Phillips and
<he Mayor and Aldermen of Jersey City.
al being interested in the Passaic River
and its purification and unpoiluted flow
and condition.
Representing the complainants were ex-
Attorney General John P. Stockton,
James B. vredenburgh and George ]. Nc
EVAN. For the Mayor and Aldermen of
Paterson was ex-Judge Eugene Stephen
son. Mr.. Lebbeus B. Ward sat beside the
latter lawyer
rs Jersey City a party to this suit2
asked the Chancellor when the lawyers
were ready to proceed.
Yes, replied Mr.. ~vredenburgh-
ssThe Jersey City intake is about twelve
miles below the a3west sewer in Paterson,
is it not?' said <he Chancellor.
about that rhe Jersey City intake is
t-hree-auarte1e of a mile from Newark and
saxxld3les below the Dundee Dam and APP
proximately from the lowest sewer about
twelve miles, replied ex-Judge Stephen
son.
Mr.. v-redenbyrgh then opened the case
for an injunction by explaining the COM
plant of Henry P He is the
owner of a tract of land, about six acres,
in the township of Acquackanock III Pas
sale county, on which he has erected a
house costing Sc, co., an ice house for the
storing of that commodity. engines and
MACHINERY at an outlay OF s2e, co.,
burgh, 'by an act of the Legislature
passed 1s52, acquired the right to purchase
riparian lands on the Passaic River and
convey into Jersey City for the benefit OF
its inhabitants Prior to the nuisances
of polluting the stream, Jersey City, a
supplied the city of Bayonne and the
townships of BayoDne and Kearny with
water to the 1nnaD1lanLS Oh these pldceS
and to many Industries, and the income
to Jersey City was very valuable. The
amount of pure water 50 taken by the
Mayor and Aldermen Of Jersey City in
creased with the growth of the city until
the year 1895 there were taken from the
Passalc River by Jersey City over 1000
COO gallons daily, for which water the city
paid over $1,00 per day.
Since 1885, continued Mr.. vreden-
burgh. .sthe Passaic River. from the city
of Jersey City at Belleville, has been rem
dered foul, polluted and corTupt, impure,
offensive, filthy and wholly unit for use
as a source of public water supply 1t is
wholly unfit for Jersey City's use for
drinking, bathing, fishing. watering of
stock gathering and use Tor ICE or Tor
even domestic purposes.
Mr.. V~redenburgh dealt at length upon
the sewerage system of the city Of Pater-
son. and showed that the total number of
sewer outlets in that city emptying into
the Passaic River was TWENTY-FIVE. en-
the left bank. and fourteen on the right,
sewers, and the total sewage discharge
into the river from both banks was over
17.e00. 900 gallons per day.
These Discharges. ara the iawyer,
character as to discolor and lmpIegnaIe
the whole of the Passaic River, me wa
ter now is of a dark COLOR ana q an eN-
tren1ely offensive smell. 1t Is most I'M
portaff to remember, Your Honor, tnat
the discharge of this sewage and NTH
from Paterson's sewers constitutes a pup-
lie nuisance. djQ lS q 0ttA 49,
ace TO public health and is CONTINUOUS
and considerably Increasing each year IN
quantity" -
Mr.. y~redenburgl1 read a large number
of afidavits from riparian owners COM
planning OF the filthy state OF the river;
One affidavit by Henry 7: sac
that his cattle even wouldn't drink the
water. He also owned q seine IN Inc
river and had often caught as many as
twenty shad of an evening. but the snau
have been so Disguised with the water
that they have left the PassaIe Ior otnsr
places. Bass and pickeTel, too formeri
frequent in the river, have d1sappearea
Fxen eels had gradually grown slnsiiieF,
ails as the sewage increased in quantity
5susessy disappeared. Mr.. simmons SWoreS
thst sickness in the Passaic Valley below
the city Of Paterson had increased very
considerably within the last rev Years
and this increase was due 70 the sewage
INQUIRED into the river by Patersohs
keWers. ,
kAnd this deponent and his fanny are
mig auinine all the time, and ne i1eafs
believes that his ~neighbors are COM
also TO continually dose themselves
kai11ine. said the Affidavit:
redenbuTgh finally read ap a53l-
m A1phonse Eteley. Ch1ef Eli
the Aqueduct Commissioners sek
That eminent authority. sa1o
engaged by Rassaac