New-York tribune., 1903-02-06
DISPOSAL THE TROUBLE.
Injury to Navigation Only Ercusc
For Government Acting.


Valley It will be remembered that when what
is known as the Passaic River Pollution bill
was presented to the New-Jersey legislature
The Tribune presented an elaborate synopsis OF
the measure in which it appeared that the es-
timated cost of the proposed trunk sewer oy
which the counties of Bergen. Essex and Passalc
were to be benefited. was placed at So'"oo"V
or thereabouts. 1t also was specifically stated,
as gathered from the report of the PassaIc val
ley Sewerage Commission, that this estimate
did not include the land which it would be
necessary to secure by condemnation proceed
ings.
Apart from the contemplated expenditure
there was still more important consideration
which is necessary to complete the project.
which is the final disposal of the sewage IN
the report made by the commissioners 1t was
stated that the outlet of the trunk sewer would
empty the sewage into New-fork Bay, at d
point near Robbins Reef. and that the com
mission had sufficient reason to believe that
such an arrangement could be made Win the
federal authorities as would not only permit OF
the disposal at the point named. but tnat II
would warrant proceeding without oeiay 'o 'ii7
construction of the trunk sewer.
While the opinion frequently is expressed that
the estimated cost of the trunk sewer is too con-
seryative that objection has not taken the form
of such earnest and emphatic protest as the
question of disposal From the first there mas
been a disposition in some parts or the state 10
doubt whether the authority TO dispose of the
sewage near Robbins Reef could be finally
granted by the federal government Inc ques-
ton most heard is. rs it positively known oy
the commissioners, or by anybody else, that the
federal authorities have the full right to consent
to the proposed disposal in New-fork bay!
While the citizens of Essex County have ac-
Of he
and earnestly advocated it's acceptance by the
legislature the counties Of Bergen and 2assalc
have been Just as earnest and emphatic IN de-
cIaring that some further assurance that the
commission had made no mistake IN thls HI
portant connection should be had before tne
legislature consented to pass a bill involving an
expenditure of millions of dollars
APPOINTED FIRST COMMISSION.
Referring to this subject the one OF the
most vital Importance in connection with the
proposed passage of the bill now pending, ex-
Attorney General Griggs said yesterday:
when I was the Governor of the state OF
New-Jersey appointed the first Passaic Valley
Sewerage Commission. The commissioners III
making their report. recommended trunk
sewer. which was TO convey and empty the sew
age of the counties of Passaic, Essex and Ber-
gen into New-York Bay. This proposition
quickly met with the most strenuous opposition
from the people of Bayonne. and the project was
for the time abandoned Now the present Pas
sale Valley Sewerage Commission, in order TO
avoid committing nuisance within the State
of New-Jersey. proposes TO empty the sewage
into the waters of neighborins state
''T have noticed" Mr.. Griggs continued. 'in
the public discussions of the proposed trunk
sewer some reference to the question whether
the federal government could or would object
Of hn
posed discharge of the sewage of the Passaic
Valley into the public waters of New-YOrk-
have not however. observed that there has
haen any public consideration given to the ac-
tion which the State of New-York might take
in the premises
IF may be permitted to reiterate my views
in The Tribune, L will say that far as the
federal government is concerned it's jurisdiction
begins and ends with the regulation of naviga-
tion under the commerce clause of the coustitu-
ton The regulation of structures of all kinds
in the navigabIe waters of the United States is
confided by Congress to the War Department,
and the only ground upon which the federal
government ever fnterferes is for the preserva-
ton of public navigation. over the subject Of
sanitary regulation AS applied to this the
national government has no more authority
than the Akhoond of Swat"
In whom, then. does the authority rest?" Mr..
Griggs was asked
MAY RESORT TO THE COURTS
=sThe State Of New-York has a very real in
terest and authority the subject. II has
Jurisdiction as State to prevent the creation of
any public nuisance within its territory and
citizens of the State as we'll. in private capac-
ity nave the right to resort to the courts to pre-
vent the creation of any public nuisance upon or
adjacent to their premises or in waters there
about. As to this there be doubt what
ever. It is a matter of adjudication by the
highest court of the United States. In a case in
which the facts are precisely similar to those
that win exist if the proposed plan Of trunk
sewer to empty into the waters of New-York
Bay is carried out. the sanitary district of Chi
cago which had been chartered by the State
of Illinois as a public corpora tion, constructed a
channel. or open drain for sewerage purposes
from the west fork of the south branch of the
Chicago River in the city of Chicago, to point
near Logansport. where the drain connected
with and emptied into the Des PLANES River
which emrties into the Illinois River, and which
latter empties into the Mississippi River at a
point about forty-three miles above the city of
St Louis 1t was the purpose OF the sanitary
district of Chicago to empty the sewage of that
city into this drair, and thereby convey It
through the Des PLANES and Illinois rivers TO
the Mississippi.
The State of Missouri began action in the
Supreme Court of the United States against the
district of Chicago. and asked for injunction
against the discharge OF this sewage upon the
ground that if the defendants permitted TO
perfect their plan the waters OF the Mississippi
would be poisoned and polluted and made un-
healthy for domestic purposes, that the health
and lives of the inhabitants OF the State of Mis-
nd the httgi in