The star and Newark advertiser. [volume] (Newark, N.J.) 1908-1909, 1908-10-09
PATERSON MUST
NOT DICTATE COST
OF TRUNK SEWER
Commissioner Says S12,500,0 900
Reservation Will Not Be
Permitted.
CITY WANTS TO JOIN
PLAN ON OWN TERMS
Anticipates Suits by New York
Might Delay the Work
Indefinitely.

The tentative proposition of Paterson
that 1t be allowed to withdraw from
the trunk eve scheme should The
giant tube cost more than $12. SOC, 900
will not BIZ considered by the Passaic
Valley Sewerage Commission, accord
ing to the statement of a member of
that body today. There Is also little
likelihood, this member added, that the
various municipalities will allow Pater-
son to dictate the tells upon which
she will become a party to the building
of the sewer when the matter Is placed
before them.
This member of the commission, while
freely discussing the offer of Paterson
to come in on a guarantee that the total
cost should not exceed $12, SOC, 900, pro-
vided that municipality felt disposed to
do so after joining in the cost of obtain
ing working plans, stipulated that his
name be not used, because he wished
to confer with the whole board before
voicing the sentiments of his colleagues.
He said:
"-he candor of Paterson is refresh
ing. The city, finally realizing that 1t
loo W Joilt III Ia 3SiACAAAS
wrath of the courts, reluctantly asks to
join on it's own terms. 1t matttrs not
t. at Paterson has fought the scheme
tooth and nail; that city is now to lie
coaxed into becoming a party to an en-
ter. rise that is for it's own best good.
OF course this is childish. But it does
not stop at this, as / understand It,"
A clipping from the editorial columns
of a Paterson newspaper was produced.
1t contained q suggestion that pater-
son should enter the scheme n thus,
by signing a tentative contract which
(the editorial pointed out) could not be
enforced, avert the wrath Of the courts
and invite the filing of suits against
the commission by New York State,
New York associations and the Federal
government. These suits, it was pointed
out, would be fought to the United
States Supreme Court, and would In
| volve the proposition in litigation for
five or six years, the scheme being en-
Joined in the meantime.
Then, at the conclusion, there was
every hope that the whole scheme
would be permanently enjoined n
Paterson could continue it's pollution
of the river to find another means of
disposing of it's wage without having
even so slight a relation with neigh
boring municipalities as a sewer con-
nection.
sit won't work." was the comment of
the commissioner. NEW York State
will bring no action, because they are
at the present time emptying into the
harbor ten times as much sewage as
New Jerseys entire chain of communi-
ties propose to-. The State or city of
New York could not come into the
court with clean hands, and would have
no standing at law. Even If it should
apply for an injunction, 1t would be de-
feated in short order.
THE Federal government is not con-
cerned, and, even if it were, would well
come so sanitary a solution of a vex-
atious problem. We have no cause for
fear from that source.
THE trunk sewer will be built, and
Paterson will be a party to it's build
ing. But instead of insolently demand
ing that she be taken in as a favored
guest of honor, she will probably be
glad to get in on the same. footing as
the others before the plan is finished"
The Newark Board of Trade, which
holds its first fall monthly meeting next
Wednesday night, has asked the COM
m~issioners to appear before it and give
data concerning the present phase Of
the work.
Ready to Negotiate.
The resolution, declaring in avo Of
the scheme, as adopted by the Paterson
Board of Finance yesterday, read:
Resolved, That the Board of Finance,
acting in behalf of the city of Paterson,
proceed to negotiate with The other mu-
riaf~a I;t,o- @f H. Dr-o; 1..,1~
age district and with the Passaic VAL
ley sewerage commissioners for the
purpose of securing such a contract for
the construction and maintenance of
the proposed trunk sewer as will be
to the interest of Paterson"
The interest of Paterson as con-
strued by Mayor Mcbride, Charles D.
McKelvey and J. L.. Leal, the special
committee of sewage disposal, who ave
been considering the matter until they
realize that at is necessary to take
some action without further delay" is
expressed in the following extracts from
their report:
"That this city should enter into a
contract with the other municipalities
Of the Passaic valley sewerage district
and with the Passaic valley sewerage
commissioners with the understanding
that the city may withdraw If the cost
of the proposed trunk w exceeds
the present estimate of $12, 500, 600, pay
irg our share for the securing of work.
Ing plans. estimates I'M bids.
A "Tentative Contract"
ALSO with the idea that the signing
Of the such tentative contract will in
wife the threatened injunctions of an
other State n Federal government.
and thus leave to litigation to decide
whether or not the present plans of the
Passaic valley sewerage commissioners
are practicable, this action, in the opin-
ion of the committee, will bring to a
legal test the question of right of the
Passaic valley sewerage district to
empty unpuri1ed sewage into New York
bay, so that such question will be set
tied by the decree of the proper court
in the suits now threatened"
M'G0WAN NOW ONE