The evening star and Newark advertiser. [volume] (Newark, N.J.) 1907-1908, 1908-01-15
FOR
POLLUTING
PASSAIC
Paterson Must Pay, Vice
Chancellor Stevens
Decides.
Continued from FIRST Page.)

continued from First Page.)
properties. as a basis, the v~ice-chan-
cellor concludes that the diminution in
annual value caused by the pollution
Of the river and attributable to Pater-
son alone was as follows:
FOR the year 1892 5 per cent of the
rental named and for each succeeding
year 1 per cent. in addition until 1911,
when the pollution is to cease. In that
year the percentage of damage would
be "a per cent. of the rental value.
The opinion states that this is IN
arbitrary ascertainment; that 1t does
not regard the differences in tempera-
ture and rainfall that have existed in
the hot and dry seasons Of the sue
cessive years and consequently the
differences in the amount of odor and
deleterious pollution. He says. how
ever, that an accurate a-scertainment
and adjustment of these differences is
impossible.
He adds. 1.-THE amount of compensa-
ton for the taking for the twenty years
is a single sum, and IL ascertained in
the indicated will, I think, on
the whole. represent the aggregate COM
pensation, az nearly as 1t ear be ascer-
tanned, and more exactly than it could
be in any other way that suggests itself
to me.
II have increased the compensation,
year by year. for the reason thai the
population of Paterson has increased
and is likely to increase, veal by year.
1.-THE rate of increase is about 8 per
cent. per annum, but this does not
imply a diminution of annual value to
fha a ~ a~fnH% Tka o-,o,,p4 ouyarJal
may seem small. 1t is, however, more
than double the amount named by the
city's experts, who, for the entire in
jury, as well as that attributable to
the factory and gas wastes and to the
sewers, only allow for the year 1905
from 81s to 10 per cent. of the total
annual rent, whereas 1 allow for that
year about 20 per cent. for so much
of h nuisance as is attributable to
Paterson alone.
THE reasons for this very moderate
allowance are the following: The land
is, nearly all of it, used for farming
or truck gardening. 1t Is not pretended
that the odor injuriously affects the
land. The houses are old-fashioned and
most of them without modern improve
ments. The means of access are not
HOSh ao ~ dtNA ait ttiC OiOilAdly SOAi
muter. Churches and schools and places
of amusement are distant, and to the
north and south, along the river, are
an increasing number of factories and
such a population and such dwellings
as factories bring with them.
There is no evidence that the very
rapid growth that has taken place in
Passaic up The river and headrace has
haan arraafad in apv daCrea hu tha mol
luton. Besides, / do not find that sick
ness and disease have attended the
fouling of the river to any such extent
as n would naturally suppose.
THE river is nc longer a place to boat
or fish in, or cut ice from or water cat
tie in. But. or the other hand, there
is no evidence of depopulation along the
river banks Or of inability to rent to
farmers or to truck gardeners. No
doubt the number of persons who might
wish to live in that locality a been
diminished. In determining upon the
amount of damages I have e~ndeavored
to take all these circumstances in &C.
count.
1.-THE problems involved have been
difficult of satisfactory solution, but sit
ting in place of a jury 1 have made the
best approximate as~certainment Of the
damages I could.
TN making 1t l have not taken into
account alleged depreciation in the mar
ket value of the land. There Is nc
specific evidence of loss of sales. and
the rule seems well settled that where
the injury is only temporary and re-
movable such depreciation cannot be
considered"