The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1898-02-04
THE PASSAIC SUIT
Jersey City's Name in the
Papers on the Faith of
An Aldermanic
Resolution.
WON'T TRY no MIKE US PAY.
Dundee Dam Nuisance-Riparlan
Residents the Real
Plaintiffs.

Considerable surprise was created
throughout the city yesterday when i
was announced that Jersey City had
through Attorney General Samuel II
Grey, begun in the Court of Chancery {
suit to restrain the city of Paterson IRON
polluting the Passaic River, depositing ol
discharging or permitting to be dls
charged or deposited into the river any
sewage The general impression made pN
the reports received from Trenton yester
day was that the suit had been begun by
Jersey City; that Jersey City was wholly
responsible for the suit and would DE res
ponsible for the costs should the suit bt
decided in favor of Paterson.
People began to wonder and ask ques
tions. They want to know by what au
thority the suit had been begun in the
name of Jersey City. They were OF the
opinion that the Board of Finance had tt
concur in any resolution ordering a law
case or anything else which involved the
expenditure of money. No one could cal
to mind any such concurrent resolution
Iialthough some did remember that at the
meeting of the Aldermen held in the City
Hall on Tuesday evening, December 29
Alderman Heavey introduced this resolu'
tom
Whereas. The Board of Aldermen of
the city of Jersey City has been in
formed that certain persons VINO are
injuriously affected by reason OF the
pollution of the Passaic River have
retained counsel and intend to bring
suit to enjoin the continued polluuioh
thereof; and
Whereas, The said Board has been
reo,lested to give it's consent to the
city of Jersey City to join as one u
cornplainants in the suit; and
Whereas The city of Jersey CITY mas
suffered and until remedy thereIor
is provided and enforced by law, must
continue to suffer incalculable damage
from said pollution; be it therefore
l Resolved, That the Board of Alder
men of Jersey City hereby gives lts
consent to the inclusion of the Mayor
and Aldermen as party to said suit;
be it further -
Resolved, That the Honorable the
Mayor of Jersey City be and is herepy~
requested and empowered to take sucn
steps in the name of the corporation
of Jersey City as he may deem pest,
or as counsel may advise, TO proteei
the interests of the city IN such legal
proceedings as may be had IN the
premises. and to designate counsel 70
represent the city in such proceed
ings.
The resolution was adopted without
comment and without loss OF time. A A.
long as this had not been concurred II
most people thought that ended the mat
ter. and the city would not begin any suci
suit Consequently when 1t was ssid yes
terday that the case was on and nau Del
wondered. 1o,
City's any more than it is tnat OF any on
of the twenty-three other relators WI WI
are named in the bill OF compliant; ~
suit was really begun by the Passalc Sai
ley Mutual Protective Association, whlci
is composed of the residents and proper
ty owners along the banks of the Rive
in the neighborhood of Dundee Lake
This famous lake of which so mueh /
a big pond. 1t is formed by big dan
, which was built across the rivers Just be
low the city of Paterson for the purpos'
of storing the water wnlcn ,r Igrn,snei Isl ,si
from Paterson to below PaSsalc I'M
dam, which has stood for many years, ma
caused large expanSe OF wafer 10 &c
cumuate at that point which in its earhe
days formed very pretty place ana wa
given the name of Dundee Lake.
AS the city of Paterson grew and th'
amount of the sewage Whlch u discnars3s s3s,
into the river increased this Dundee Lax
became pest hole. Foul 1ll-smelllns
matter stuck to the shores, and Wnen TN
water was low in warm weather the ooor'
which it emitted were very nauseatlnt
and menacing to public health. The legit
innate result followed. A section OF TN
State which could not be surpassed To-
beauty and adaptability for residentla
purposes came to be a waste, ana amos
i Wilderness Magnificent residences wer'
closed up and permitted to fall into de
cay, while the beautiful grounds sur
rounding them were oyergroWn VIII
weeds and rank grasses. Valuable estates
were sacrificed or became drug on thu
real estate market.
There were a large number OF resident
of that vicinity who could either not al
ford to sell their holdings at Sacrl1lc'
DR. find a purchaser for them even at
J price much below their true value. s.
they remained, and as the nuisance of th'
/ lake and river continued they joined 10
I gether for the purpose of doing away, i
g possible, with the menace to their live
4 and property.
) They formed the Passaic Valley Mutua
Protective Association, and as far back a
three years ago the association consulte'
Former Attorney General John +. stock
ton for the purpose OF resorting TO tn
courts. Delays interviewed and the, sui
was not commenced. The association, how
ever. got down to business last fall an
counsel was instructed to prepare for tn
bill for the Injunction The bill was abo'l
ready to be filed when the assoclatlonire re
ceived from Jersey City copy of the res
olution passed by the Aldermen on De
cenaber Is, and duly signed as approved b
Mayor Hoos. The association 10 under tnos
ton was authorized, and that 1t had com
to it in the regular channels, and they in
structed their counsel to include the May
Or and Aldermen of Jersey City in the lis
of the complainants. which was done as
view of the bill shows that Jersey City
the last complainant named.
The fact that the suit is brought by tn
Attorney General indicates that 1t is
public matter and is brought to abate
nuisance which is a menace to the publ
oealth and is for the benefit of all in an
way interested in the matter, as the bi
lied in ehancery distinctly states.
Jersey City has a large interest in tn
liver through the rights granted it by tn
LEGISLATURE when it first resorted to tn
stream for a supply of a potable water
Among these was the right to have tn
wafer kept clear of all contamination an
mpurity. So when the association re
seived fhe resolution of the Alderme
signed by the Mayor the members though
fhat Jersey City wished to protect its in
terests and made her party complainant
10 the suit.
An officer of the association said toda
thar the association did not understan
shaf Jersey City's presence in the isl Q
aonpIainaits does not bind her 10 pa
eosts in case of the matter being 1ecrle
against the association, and that the cit
lad NOT been asked to contribute anythn
toward the cost of the suit.