Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1909-12-30
WINS ITS
FIGHT TO CLOCK
WATER DIVERSION
foondnued from First page.)

10 this information the defendants
nave filed an answer, and the suit Is
now pending. The issuance of the in
Junction in the present suit should also
be delayed a reasonable time for tho
hnal determination of that suit. The
reason is That If an injunction cutting
on the only present water supply of
THESE municipalities is obtained by or
on behalf of the State itself, it would
be more likely to lead to the legisla-
ton necessary to meet the situation
thus arising than an injunction OBJ
tanned by a mere riparian owner in q
suit like the present. The conservation
and control of the water supply of oua
fresh water streams in their use fo~
potable purposes, which must be para
mount, has become Almost urgent ano
pressing question. The necessity sof
legislation to meet present conditions
becomes more and more apparent, and
II the State, by its authorized officials,
seeks to enjoin the supply Of these
municipalities by the defendant con
pany, because OF its lack of authority
to divert the water it is not. %unreason-
able to suppose that this radical step
Is taken in view of the general inter
ests involved in the control of potable
waters, and that some general system.
of conservation n control is con-
tcmplated. Some legislative advances
in this direction have already beer
made since the hearing of the presen,
suit. By the act approved June IL, 1901
tP. l.. $3.50, q State water supply COM
mission has been created, charged with
the general supervision over all the
sources of potable and public wate.
supply, to h end that the same may
be economically and p%rudently de-
veloped for he use of the people of this
State, and no new or additional water
supply for the inhabitants of any mu.
nicipal corporation can be condemned
or diverted without their approval OH
behalf of the State. The act does not
seem to give the commission supervis-
ion over any water supply existing a,
the time of the act, but if the exist
ing supply to any municipality should
be declared to be an Illegal diversion,
there would seem to be no reason why
the municipalities who's legal supply
is thus cut off or threatened should
not have relief under the act by apply
ing to the commission for a legal source
Of supply.
And as the State, by the State water
supply commission act. has now as
sumed, in the public interest, some SUI
pervision of the potable water supply,
and of its ~extention beyond the existing
lawful use or authority, it seems most
reasonable to expect that the presen,
legislation will, at the instance Of the
officers in control, be supplemented by
such further legislation as will afford
to any municipality whose present sup
play may be stopped by the State as
illegal the right to obtain a lawfui
supply.
The questions involved in the attor-
hey general suit are so important that
h opinion of the Appellate Court will
probably be sought, and sufficient time
Tor the hearing and determination OF
b case on appeal should be allowed
. IN things considered, the issuing OF
The Injunction should therefore be de.
layed until April /. 1911, and if before
that time proceedings for condemnation
of h riparian rights of the complain.
ant be commenced, then the injunction
should not be issued without further
application to the court.
The decree should declare and settle
the compliments right as riparian
owner substantially as in complainant
draft for decree, and its right to a per
petual injunction against further diver.
sion.
The decree should not contain the
clause proposed by complainant allow.
ing 1t to waive the right to an injunc-
tion against defendant so far as re.
lates to the water supply of Paterson
and Passaic. The complainant's entire
equity depends on the ablishment O.
its riparian rights against defendant.
diversion OF the water for sale, and its
rights are declared and fixed by the de.
crae. irrespective of the person o.
corporation for whom defendant unlaw,
fully diverts the water. The direction
for an Injunction is for the sole pur.
pose of enforcing the entire right.
claimed by the bill and declared by The
decree. If complainant intended not t.
enforce its rights against diversion Sc
far as related to the supply to the cities
of Paterson and Passaic and their in
habitants, such exception or waiver
should lave been made in the bill. OF
before the hearing, as it might sub
stantially affect the equity to an in,
junction against diversion by the de
fendant for the other municipalitie.
named.