The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1904-12-02
TRUNK SEWER
CASE ARGUED
Passaio Valley Drainage
Plan Aired Before the
Court of Errors.
oRlGGs OPENED THE CASE
Riker and Lindabury Follow
With Arguments Favor
ing the Law.
Special to 'srhe Jersey city News.'')


Special to 'vrhe Jersey City News.'')
TRENTON, Dec. 2, 19o4-Legal war
fare was resumed on the Passaic Valley
trunk sewer proposition yesterday before
the Court of Errors and Appeals at the
State House, when the counsel for the
plaintiff endeavored to substantiate the
contention of error alleged in the pro-
ceedings by which the Supreme Court
sustained the constitutionality Of the acts
of the Legislature under which the sew
er is to be built.
The case is that Of Frank McCleve
and the Mayor and Aldermen Of the City
of Paterson against the Passaic Valley
Sewerage Commissioners, and yester-
days argument was the final struggle Of
the plaintiffs to overthrow the building
of the sewer.
The ease was moved just before court
adjourned Wednesday afternoon and the
argument was begun yesterday morning.
The compIanants were represented by
former Governor John W. Griggs, Will
liam B. Gourley, Thomas c. simonton
and Paterson's city counsel, Vivian NJ.
Lewis.
Richard V. Lindabuiy, Chandler W.
Riker and Joseph Coult, Jr., appeared
for the sewer commissioners.
BY the act of the legislature of March
2T, 1902, the Passaic valley sewerage
district was created, and the supplement
tai act Of April p, 1905, empowered the
commissioners to issue bonds for the con-
struction of the sewer. which it was es-i
timated would cost 100000.
The city of Paterson, which was the
most largely Interested, attacked the acts
on the ground that they were special in
character and therefore not constitutions
al and also on the ground that the sys-
tenn proposed by them was not general
over the whole territory affected. A
writ of certiorari was secured carrying
the case before the supreme court for re-
view. July "a last that court presented
an opinion sustaining the constitutional
ity of the acts and dismissing the certior
ari. City Counsel Lewis Immediately se-
cured writ Of error
There were 1S assignments of error
and on these an argument yesterday was
based Summed up, they were:-The su-
preme court adjudged the opposite. It
held that the act Of 1903 was not viola
tive of the clause Of the state constitution
declaring The legislature shall not pass
private, local or special laws regulating
the internal affairs of towns and counties,
and also that the act does not regulate
the internal affairs of towns.
That it was adjudged that the act is
not local or special and does not violate
the clause of the State constitution,
|. which says "The legislature shall not
pass private, local or special laws ap-
pointing local officers or commissions to
regulate municipal affairs
The further assignments of error We're:
The court did not hold that the act
provides no constitutional method of
raising money for the bonds authorized
that it did not decide that the act would
deprive the taxpayers Of their property
without legal processes and result in the
taking Of private property for public
ments for the benefit of the respective
municipalities. but would constitute pub
uses without compensation; that it did
not declare that the proposed works
would not constitute municipal improve
lie works for general public benefit. the
cost of which could by law be imposed
by general State fax.
That the court did not decide that the
| re cd Of taxation IMPOSED 5.s wh,Ie
cost upon specife area comprising eniy
! a portion of the State ainl distributed
that unequally; that the conrt did not de-
eide the act unconstitutional because it
deprived Paterson from sawering into