The Morris County chronicle. [volume] (Morristown, N.J.) 1877-1915, 1908-06-16
Hahne Co., Broad, New and Halsey SIS. Newark, N j.

solutely complete but is complete only
for municipalities of the class affected
Wilson Trenton, 81 Vroom, 469.
The act of 1902, both by its title ano
| its provisions assumes to provide q
complete scheme by which Incorporate
ed towns may construct, operate and
maintain a system of sewers. Nothing
necessary for that purpose is omitted
and we think the legislative intent is
clear that in this respect incorporated
| towns should be governed by this act
alone.
1t seems to be thought by counsel
| for the prosecutor that the act of 1902
| is modified by the act of 1907 Up. L.
1907, TOD. This act was approved af-
| ter these proceedings were begun,
but passing by all other questions that
may be raised, we think it clear that
the act does not apply to the case Of
| incorporated towns proceeding under
the act of 1902. 1t can by its terms
apply only to municipalities where
there is municipal board having
charge of the sewers therein. The
Board of Sewerage under the act OF
1902, does not have charge OF the sew
ers, but only of their construction
section expressly limits the existence
of the board to the Jime of the COM
petion of the work. Again the act
OF 1907 is applicable only to municipal
tiles with board or commission hav-
ing charge of the finances of the mum
icipality. MorriStOwn does not seem
to come within this requirement.. And
section of the act of 1907 makes it
quite clear that the act was meant
only for cities.
The next contention of the prosecu-
tors is that MorriStOwn had not Sc
age commission as required by section
1900, 113). The act requires that plans
shall be submitted to the State COM
mission and that 1t shall be unlawful
without its approval to construct any
plant from which the affiuent is to
flow into any of the waters of the
State. The plans were submitted and
were approved subject to such con-
ditions of construction, operation and
publication as this commission may
from time to time require" We
think that this was not conditional
/ but was an absolute approval Of the
plans, and that all the words quoted
mean, is that the State commission
reserves the right from time to time
to require changes of construction as
the need may arise. The conditions
as to operation and publication clear
| ~ relate to the future use Of the plant
and can have no relation to present
plans which alone are required TO be
submitted. The approval of the plans
is not merely tentative, and was not
so regarded by the prosecutors at the
time, for they petitiOne0 the State
commission to rescind its approval oi
the plans. The State commission has
never acted on that petition and the
! approval remained unrescinded wher
! the contract was awarded.
One of the sewerage commissioners
of MorriStown is Eugene S. Burke
who is member of the firm OF Pruder
and Burke. just prior TO the determ
nation of the sewerage commissioners
as TO the location of the disposal plant
! and apparently in contemplation o
/ that approval, Pruden and Burke
bought the land in question, and it j.
said that Burke'S personal interest ii
the land vitiateS the official action o
| the board OF which he was a member
! His good faith is not impugned. III
! fact he seems to have acted from pub
! lie spirit in buying the land before il
was known that it would be wanted
by the municipality, and at time
when it could be bought more cheaply
After his purchase, he and his partne
| Immediately offered to convey TO thu
town such part Of the land as it want
ed without profit to themselves, anC