New-York tribune., 1903-02-06

to maintain suit for equitable relief in advance
of amy, actual injpys sustained thereby.
the proceedinssos the sanitary district OF Chicago
n n noVsns n ba 1 ana rae ssf 1u{ tb 69
of sewage and filth into the Mississippi River
tsry district To- the detrimemt ef the state Of Sa
sodri and her inhabitants
THE RISK NEw-JERsEY IS TAKING.
This decision" Mr. Griggs went on to say
"is clear and emphatic. The risk the people Of
NewJersey are taking is this. The legislature
may create che sanitary district OF the Pssssic
Valley, may authorize the building Of the trunk
sewer and the vast sum Of money required for
that purpose may 0e entirely expended, and at
the end. when ready TO discharge the sewage
Of the Passaic Valley through the constructed
drain. liable to be, and most probably
will be- met with injunction from the state
OF New York compelling us to destst from the
use of the sewer 1t requires no argument 70
convince any prudent person that the expendi-
ture of this great sum of money without the as
surance that such action viii be taken on
behalf Of the State Of New-York is not only IN
wise but profiigate
THE question therefore. arises whether the
State of NeP-YOrk has granted any permission
to the authorities Of New-Jersey 20 discharge
this sewage into waters within its jurisdiction
have seen no statement TO that effect. nor DO
I suppose that any VIII claim that any such
consent has been given No such consent could
be given by the Governor or any other high or
low official of New-York- Possibly the legis-
lature Of NeW-YOrk might PASS an act granting
such authority. but even that is doubtful
But there is another party to be consulted
and reckoned with. and that is the ovCers or
private property who may be injured by this
discharge II a nuisance is created upon pr
vate property in the State Of Nev-York by ac1s
done authorized by the State OF New-TOrk,
the State and the persons or corporation COM
mittng them be restrained and probably
sued for damages The state OF New-YO-k can
not grant permission 10 any one in New Jersey
TO do an injury 10 private property in the STATE
of New-York. So that. even if New York. as a
State. had granted permission. the citizens and
property owners Of New-YoTk. as private indi-
viduals. might still interfere with the project
whether the fish and oyster interests Of New
York would remain quiescent while acts were
being done which tend 70 utterly destroy their
THE question Of sewage disposal for the
Passaic Valley is Of great Importance, az
we'll as of great difficulty. but there ought to be
no difficulty whatever in condemning any plan
which renders II probable that the people OF the
Passaic Valley will be taxed for gigantic prof.
ect which cannot. by reason of legal objection.
ever be utilized. Ny own Judgment IS that the
legislature ought to pass no bin authorizing any
such scheme until the assent of New YORK. AZ
least. has been obtained But if some kind Of a
bill must be passed there should be coupled
with it pTovisO that no money shall be e&-
pended in the construction of the trunk sewer
until the consent OF Sew-Tork state has oeen
obtained.
'eThe question: Mr. Griggs said in closing. OF
whether the State OF New-Jersey shall con
tribute to the expense, whether the entire
cost shall be borne by the inhabitants of thF
Passaic Valley. is entirely immaterisl in this
view OF the question.