The sun. [volume] (New York [N.Y.]) 1833-1916, 1904-10-19

s HsS In George S u. PeSf who. according
to the complaint, levied the assessment
without any further warrant, although
the previous warrant TO the Board OF As
SCISSORS had expired.
SEWER TO KEEP IoE-LAKE CLEAN.
"And your orator further shows. says,
assessment upon her lands is unlawful
and void, by reason OF the fact that the
said alleged assessment and the construc
ton OF the aforesaid sewer we're all made
for O purpose other than those expressed
upon the face Of the proceedings by which
and substantial benefit and advantage OF
property which is owned by others than
those who are assessed by said assessment
list and whose lands lie outside the water.
shed and are not assessed for the cost OF
said sewer, namely, that the said sewer
was constructed chiefly for the purpose
Of diverting from Quassaick Creek the
foul waters made In the various mills upon
the said creek. upstream. and westerly
from Muchattoes Lake. That said mills
paper, silk and other goods and fabrics
requiring in their manufacture the use OF
chemicals, strong soaps and dye stufis
polluting large quantities OF water in the
operation OF their business, which was
permitted to run into the said creek and
sewer was constructed.
The owners Of the mills, the complaint
says, had acquired prescr1ptive risnt 10
pollute the water, AZ the mills had been
used and operated for more than twenty
years prior to 1893 The creek, 1t Ia alleged,
carried into Muchattoes Lake such great
quantities Of the filth" that the @accu mu.
lations thereof In and prior to the year 1888
rendered the said lake unfit for the uses to
which its water was put by the. owners
thereof, namely; forming OF ice IN large large
in the winter and sold throughout the year,
in and prior to the said year OF s9S at large
profit"
The plaintiff asserts that by reason OF the
"defilement OF the waters running into the
Board Of Health Of the State of New York
and OF the city of New burgh.
The ners of said lake the complaint
continues, then were and now are the
Muchattoes Lake Ice Company. a corpora
ton organized under the laws OF New I ork
to carry on said ice business. That said ice
business was and ia very profitable ana the
said lake and it's appu rtenances were essen
tial to enable said company TO conveniently
obtain its supply Of ice. That the chief
value Of said lake and TIE said company s
land about it was the Sc to which it was PVT
in the said ice business. That as 50 used
In said ice business the said lake and land
WAS worth at least $25O,OO0. But without
said ice business the said lake and lands
would not be worth over s 5 COO
from the mills and factories in the creek
could not be stopped the aforesaid act
OF the Legislature, passed Feb. IS, 1853.
the complaint alleges, was procured in
the interest OF and for the benefit OF the
owners OF said lake and others, and the
oonst ruction OF the said sewer was made by
the defendant as an alleged public improve
ment, under color Of said law and the various
proceedings OF the Common Council OF
the city OF Newburgh, as aforesaid, but in
fact for the sole benefit Of the said owners
Of said lake, and other owners 81 the lands
The complaint charges further that the
sewer was run along the north bank OF the
creek above the lake for the main purpose
Of inducing and procuring the owners
and operators Of said mills to run into the
said sewer the filthy water produced by
charged also that several OF the mills on
the New Windsor side Of the creek have con-
nected with the sewer, although they never
paid q cent OF assessment for 1t construc-
lion.
THE BENlYIr WENT WHERE NO ASSES =
M8NT FELL.
THAT a soon as said sewer was COM
plsted, all, or nearly all, Of said mills along
the ea1d creek, both above and below SAID
Muchattoes Lake, connected with the said
sewer and ran into 1t their foul waters, all
Of which resulted In clarifying the water Of
vantage to all the owners Of all the property
on both sides Of the said stream. particu-
larly the said Ice company and the owners
Of the land on that part Of the said creek
below Muchattoes Lake In the town OF
New Windsor.
land covered by the waters thereof, afore-
said, Of the area OF about twenty-five acres,
lies outside Of the watershed and the Assess
mont district. on which all Of the said al
legged assessment, for the entire cost OF
said sewer aforesaid, was imposed, ana
no assessment was in fact made upon the
said lake"
The owners Of the lake and other property
outside the assessment district, or their
agents. 1t ia charged, "covinously cause
or procured all the aforesaid things to be
DONE and received especial and direct
benefit 10 their land without contributing
anything toward the expense Of the sewer
The enforcement OF the assessment and the
payment of it by the sale Of her .proI erty
viii the plaintiff alleges, be the taking Of her
property under the guise of ia RATION without
due process Of law and contrary 70 the
laws of the land.
The plaintiff charges further, upon infor
nation and belief: THAT the said assess
ment on Ter property. and all the proceed
ings by which the same ,purpo rted to lie
I,
acts OF the Common Council, the Mayer,
and other officers of the de endant. duriu &
the wears 1892, 1893. 1894 1905 and 1896, We're
for the sole lenefit and advai tage OF ttf er
property than that which is assessed and
which was not includet in the san water
shel or assessment district.
CITY OFFICERS WERE THE IcEMES
That all the proceedings OF the said om-
mon Council authorizing the construction
OF the said sewer. contracts therefor, con-
tracts changing the same, and imposing
the assessment Tor $i54 ,42e .l6 upon the lands
of your orator and of other persons we're
done, and procured by the covinous acts
OF the officers, directors and stockholders
OF the Muchattoes Lake Ice Company or
some of them. many Of whom participated
in the said proceedings as Mayor, Alder
men, officers and agents of the said city
defendant. And your orator in like
manner charges the fact to be that 'ha
said persons, who were connecte" with and
interested in the said MuchH,,oes Lake Ice
Company as aforesaid, and were also at
the same time ohicers and agents OF tie
defendant, as aforesaid, were elected or
appointed to protect the interests of the
defendant and the habitants thereof, and
duly sworn as such officers so to do: but
In violation OF their said duties and their
said oaths, while acting ostensibly as such
officers OF the defendant, they were in