New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-03-06
M'GILL'S BELATED DECISION.
PATTERSON SEWAGE A NUISANCE WHICH
MUST BE STOPPED.


Chancellor McGln has overruled the demurrer in
the Passaic River pollution case and granted an
Injunction against the city Of Paterson TO restrain
that city from emptying i,s sewage into the Pas
sale River. Every safeguard IL thrown about the
city by tho Chancellor In HIS decision so That no
hardship can be imposed "a consequence or the
issue OF the restraining order. but until nnaI
hearing be had in the case the city OF Pater-
must not take any action that will Increase
the volume OF sewage that now flows into the
river
The decision is OF tho utmost importance. IT IS
the first declaration BY the courts IN this state
against the wholesale pollution Of the large streams
OF water from sewage empted into the rivers oy
cities along the banks OF such streams.
DEPRIVED OF THEIR LAWFUL RIGHTS.
After making a statement OF the case as pre-
sented to the court the Chancellor says. in part;
Assuming that all the complainant REALTORS ex-
cept the Mayor and Aldermen OF Jersey city are
owners OF portions Of the banks OF the river above
the point 10 which the tide goes. their ownership
entitled to have the water how to them GnpoIuted:
purposes and, within reasonable limits, for bush
ness other purposes. Their common injury, De-
the noxious and offensive odors arising from the
water is in the pollution and consequent ufp.sss
HIGHT Gf OF the uses Of the wafer 70 WHO" r''' 49,
The Mayor and Aldermen o. Jersey City, merely
right in the waters OF the stream distinct from
the rights Of the general public therein elm, to take
pure and wholesome water" from the river az me
inha banis Jersey City suffers special njury frOH,
the pollution OF the stream. That INJURY lies not
erected for the purpose Of utilizing the right given
by the statute, but also IN the depriv2ton or tne
Of the Passaic River. for whose benefit the grant
made, and whom the corporate reator ana
Thus It appears that the pollution OF the Passaic
River affects injuriously all the REALTORS ana COM
-Ia in fheFn al
ful uses Of the water.
ENTITLED TO PURE WATER.
Each complainant has tho right 20 have tho
Identical water reach him in its pure natural con-
dltion, except as the proper domestic and reason
able uses OF the riparian owners above him may
affect ii. Above them all a riparian owner. for It's
own advantage, deliberately dehles. pollutes an
corrupts that water so that when II passes 4
those below II Is burdened with nosome stenches
and is utterly corrupted and unit for the uses
they each had the right TO make OF II; Can they
air dehled by the smells OF a saughter-house, 10
appeal to this court not TO award each his dam
/ perceive no reason. founded either upon danger
OF confusion or danger Of injustice, which should
induce me TO hold that the compliments or re-
lators are misjoined In this case. The injury 70
them is the common injury to the common rlgn, 10
from the injury TO others according TO the uses
made OF the right
SEWAGE NOT NATURAL DRAINAGE.
1t is objected. also. that the defendant has the
right to empty It's sewers into the Passaic River.
whatever the consequences may be. This conten-
ton rests in part upon the ground that It is
natural and reasonable use OF the river ana IN
part upon the nsistence that legislative authority
templated their discharge into the Passaic ana In
pedly authorized #.
charged into a stream above tide and where the
stream is not nayigable II does not naturally now now
cesspools. culverts and drains. over a large area
grades is gravitated TO and discharged into the
river 1t is vastly more than the mere natural
drainage OF riparian owners. / cannot conceive CT
any tenabe ground upon which such drainage can
be classed as either natural or reasonable use OF
do not find that either Of these laws authorizing
the building Of sewers makes reference 10 the
ultimate disposition OF the sewage. or 10 the use OF
the Passaic River for that purpose The authority
sewers in accordance with the maps. II does not
license either public or private nuisance through
pollution Of the waters OF the river
NO RIGHT TO POLLUTE THE PAssAIc
As TO private rights need only say that they
have cons. ltional protection against such legis-
lative enactment In England, where the power
of Parliament is omnipotent in matters Of this
kind, both as public and private rights. II is
we'll settled that legislative authority TO merely
tamination OF the water. Legislative license 20
create public nuisance OF the KIND CONSIDERED
must be given In express terms, or by absolutely
That the city Of Paterson has any right to poll
lutte the waters OF the Passaic River by the dis
charge OF its sewage into them is clearly an
II is further urged by the defendant that the
relief asked FOR should not be afforded in equity
auegations in the information and bill show that
since about the year 1850 the city OF Paterson has
River in considerably increasing quantities and
that since the year 1876 the OF the river have
been corrupted so as 10 create the nuisance COM
do not perceive that the defendant has suffered
by the delay OF which It complains II would
seem that TO II the delay has been rather benent
most economical and advantageous way OF ulti-
But from the time at which the contamination
became an accomplished fact the duty OF the rels-
Of the duty. however was fraught with important
TO the defendant AS the representa-
other municipalities along the stream difficult
question in political economy Was presented. how
300 600 people living along the river were to be pro-
tected against their own sewage.
AN INToLERABLE NUISANCE.
The defendant has presented afidavits which,
with the aridavits annexed to the bill, show con-
rlusivey, to my mind II intolerabe nuisance
does not already exist above the Dundee Dam
pollution that IS WelInsn int9!srane docs exis,
sewage. Some filth flows into the river directly
Of the polluting matter above the Dundee Dam
,omes from the defendants sewers.
Below the DAM where the tide Gibbs and flows
and factories may be washed by the tide up tho
stream. IL Is more OiiucAil t4tN Nit SlVPPaSS
II the drainage of the DEFENDANTS into the
liver would abate the nuisance. A large portion OF
he filth there comes from cities and towns, whose
,ombined sewage is more than double that OF the
,ity OF Paterson.
AS | calculate from thu data before me, the
volume OF the pure water I'm the Passaio River
below tide-water Is upon tho ratio OF one hundred
Millions OF gallons to between sixty millions and
seventy millions OF gallons Of filth The proof APP
PEARS 10 indicate that both above and below the
Dundee Dam the potability OF the water without
he use of some means OF publication is destroyed.
md also that noxious smells arise from the poll
"A though
,ealthy produces general discomfort 10 the In
abitants along the river and that, with the ever
Increasing sewage OF the defendant. must come
corresponding increase OF discomfort and presently
disease.
TIME FOR PATERSON no DELIBERATE
In this situation It appears 20 be plainly my duty
o take cognizance OF tho and now restrain the
defendant from doing anything that will Increase
..c.. laL. M kea