New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1902-04-08
GIVES CITY TEN NILE VA TER.
DECISION OF UNITED STATES SUPREME
COURT ALLOWS Use OF STREAM
FLOWING INTO CONNECTICUT

Washington, April Tn the United States Su-
preme Court opinion was delivered to-day by
Justice Brewer in the case Of Pine and others
against the city OF New-York and Controller Bird
Coler involving the right of the city TO appropri-
all the of stream along which the com
plainants lived The case was decided against the
city by the Circuit Court Of Appeals. but to-days
opinion reversed that finding and renanded the case
for further hearing. with instructions to consider
the question OF damages.
In announcing the decision, Justice Brewer said
that there had been the part Of the courts
in entering absolute decree OF injunction.
DEGREES of the Circuit Court Of Appeals
and OF the Circuit Court would be reversed. and
the case remanded 70 The Circuit Court with IN
providing for an ascertainment in the way courts
of inquiry are accustomed to proceed OF the dam
construction Of the dam and the appropriation OF
the water. and for which the defendant is legally
responsible
The foregoing case is technically known The
City o New-York and Bird s Coer Controller.
against Samuel Pine and Frederick Muller" on its
face the decision seems comparatively unimpor-
tant as a matter OF fact II involves the prob
able location Of the future water supply for this
city Acting under the spirit Of the decision the
city now is a position 70 appropriate the water
of the Ten Mile River within State. and send II
by tunnel or pumping plant over into the Croton
watershed where it will be available a reinforce
of the citys present supply. Several years ago
the city decided to some of the water from the
Rvram River This stream rises in this State and
then flows into Connecticut. After running along
the boundary line between the two States ii emp
ties into the Sound. The city built storage res
ervoir and then spent a lot of money buying up
riparian rights. the plant, altogether costing
81 $4,000 Pine and Muller Connecticut farmers
living on the Byram River, who cOntended that the
CITY had no legal rights IN Connecticut The Law
Department offered these farmers $4,000 as a com
promise This is more than their farms sup
posed to be worth. They demanded $4,000 and re
fused all overtures for compromise The case
went TO the United States Circuit Court and then
the Circuit Court OF Appeals the farmers win
ming in both instances. The Supreme Court now
,insets their hopes, and they must accept damages
for whatever water rights they had.
George l. Sterling OF the Corporation Counsels
Office In commenting the case yesterday, said:
The decision really is vastly important mas
r,urh as il gives the city the privilege of ayaiing
itself not only of the supply from the Byram
F2fver In this State but also. We interpret the
decision whatever water need from the Ten
Nil Piver the Delaware and Ramapo rivers and
the Catskli Mountains. II probably means that the
ctrvs future wat supply will come from the Ten
Mil River which rises in Duchess County. back
IF Poughkeepsie. and runs quite a distance in
New-York State before it flows southeast into the
tT0usatonic We can lmpound the water of the
to- Mile River on New-York SOIL and then either
nrron II or send IL through aqueduct into the
Crotnr watershed The Law and Water depart
r1ents Of the city had been holding negotiations for
an Inrrease d water supply In allegiance until got
This decision from the United States Supreme