The Newark star and Newark advertiser. [volume] (Newark, N.J.) 1909-1909, 1909-11-01
Temporary Writ Issued
Against Grab and a
Hearing Ordered.
COURT APPEAL FOLLOWS
CONFERENCE AT CAPITAL.
If Action Is Upheld November 9
Governor Will Abandon
Extra Session.
From a stan corrsspondent.1

From a STAN Correspondent-4
TRENTON, Nov. Following a con-
ference between Governor Fort. Attor-
ney-GeneraI Edmund Wilson and Nor
ris Snerrerd, engineer for the State
Water Supply Commission, today. MI
Wilson applied to the Court of Chan
Gerry for an injunction to restrain the
Hudson Water Company from diverting
the subterranean waters of this State
to Staten Island.
Vice. Chancellor Walker was about
to adjourn court for the noon recess
when the Attorney General made the
application and an order was issued to
show cause why the Hudson Water
Company and the J. M. Guffey Petro-
leum Company should not be restrained
from dredging Off the shore line Of its
Rayonne property for the purpose Of
laying water pipes
If on its return the order is made
absolute, and an injunction is issued.
In all probability no call will be issued
for an extra session of the Legislators
to enact new laws on the water ques-
ton. On the other hand If the court
refuses to grant an Injunction on the
return day of the order. it is certain
that Governor Fort will issue a call for
a special session.
The order to show cause is directed
against the Hudson Water Company
and the Guffey Petroleum Company,
and directs them to show cause here
on November 9 why preliminary in
junction should not issue restrain-
ing them from carrying on dredging or
laying pipes beyond the exterior line
! for solid filling under the Kill Won
/ Kull
! The order also restrains all operations
! by either company or its employees
pending the further order of the court.
The Information prepared by the at
torney general. upon which the order
was granted, shows that the State has
not made any grant or lease. for any
purpose whatsoever. of any of its lands
in front of the exterior line for solid
filling or piers to the Guffey Company;
that the State is still the owner of
all such lands, and that the Hudson
Water Company has no lawful warrant
or authority to dredge any of the lands
between the ex Eerior line for piers and
the middle of the Kill Won kull.
The attorney general then sets out
the Incorporation of the Richmond
Water Company. now the Hudson
Water Company, of the ]. NJ. Guffey
Petroleum Company, and exhibits the
grant made by the riparian commits
sioners to the Guffey company, which
contained the following restrictions.
Provided, that part of the above de-
scribed tract of land under water,
lying between the exterior line for piers
above referred to, and the exterior line
for solid filing established by the COM
missioners. is not to be used for any
purpose whatsoever. except the erec-
ton of a pier cSp piers thereon, under
meath which the tide may ebb and flow.
and no solid filling shall be placed
thereon.
"And also provided. that the State
of New Jersey may grant or lease any
of the lands of the State lying in front
of the exterior line for filling or piers
mentioned or.referred TO herein. for the
cultivation of oysters or other fish, or
for any other purpose whatever. pro-
vided that such grant or lease shall not
operate to interfere with the reasonable
use of and access by water to the lands
under water hereby granted. and with
the free and uninterrupted navigation
between said lands uder water. and the
main channel of the said Kill Won
Kull."
The application of the Hudson Water
Company to the State Water Supply
Commission for approval of it's scheme
for the diversion of surface water min
gled with sub-surface water, and the
refusal of the commission to permit its
transportation by a pipe line, are also
cited.
The attorney general then shows that
1 for some time past the water company
has been dredging the land under thu
waters of the Kill Won Kull in a line ap
proximately parallel to Ingharn avenue,
Bayonne, for the purpose of placing 80
inch submerged pipes between Baycnre
and Staten Islanded. He added that
the Packard Dredging Company is now
having such pipes. with flexible joints,
constructed in it's Bayonne works and
that the water company has located
rangers or markers on the land Of the
/ Guffey company for the purpose Of d.
recting the dredging operations under
the Kill Won Kull.
Affidavits of Engineer Morris r.
Sherrerd. of the State Water Supply
Commission; Alfred w. Booth, Charles
Osterstrom and j. William Griffin ars
attached TO the information