Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1909-12-30
Vice-ChanceIlor Emery Orders
East Jersey Company to
Stop All Sales.
DECREE EFFECTIVE UNTIL
INJUNCTION is IN FORCE
Decision, Which Saves Passaic,
Affects Towns All Over
State.


panies by April 1, 1911. at which time
the injunction, long sought by Pater-
son for this purpose, will become effect
i've. This, In effect, is the substance
of the memorandum of a decree which
Vice-Chancellor Emery will issue next
Tuesday in the suit which Paterson, as
a riparian owner, has been prosecuting
since 1906 against the East Jersey
Water Company.
The reason assigned for the time
granted tefore the decree goes into
effecttis to give the various alter com-
panies and AFFECTED municipalities an
opportunity to start condemnation pro-
ceedings to acquire water rights, If
they have this right under h law, and
if not to shape additional legislation to
that end.
The decree to be issued is practically
along the lines of the form of decree
submitted by Paterson. with that of
the defendant, with the important ex-
ception of the offer of Paterson to waive
its rights as a riparian owner so far
that the defendant be not ~enjoined
from delivering a supply of water to
Paterson itself, and Passaic. This offer
tha S,rit becny,e sfyoctive within six
months of its issuance.
or wide Importance
The decision of the vice-chancellor is
extremely important, ard 3 of great
interest at this time by reaso of the
agitation of late over the rights OF
various water companies divert and
sell waters. 1t is far-reaching in effect,
in that II Is based on the principle that
the East Jersey Water Company IS,
and has been for some time, legal
dfverting the waters OF Passaic
river The interests ofPaterson y
been looked after by City Counsei 20
,W2rd Mercy and City Attorney
thofnds Eeas8 ~ rvr,ne
Governor enh w rlssstanl ssi'i1 m
Is. Eohriey as speciai couhsei lne
lhai 3neatlns was nelu iase aiu'
ithout qoupt' une uelision wni ~
~ up " .he htenose eouis 20 ~ sNe
Raer company -
Inc memoir % ~
lie lengthy, IS extremely cieur' ano
cause 81 It's vital importance Is print
IN fuit.
sNnoranuuln on See.enien 70
cree. Emery y,
Inc appilcation 70 open M proofs
for the purpose OF proving tne con
tracts tor water supply pet"een : a.el'
A son the fassalc water ,oii.pdus'
v Passaic ana the cha water
company, ana tne aeieiodit coihpany
= WIKI Inc h1ohtcIail Va'ef S~olnpany, =
denled. II IL stated py couhsei INA
one opJsct o.. TINS appiicaeioh - open
the proois - ~ ofoef 70 mss. 'ha az
Qeeree 1or inJuiceioh eau
shoulu PC hiaue uhiess ~ 'niee ""l
companies pc prousne i'eo CUT an
faaae d~elshuahes III III sur ~
lection TO any decree LOT l~nJunc'ion,
based on the apsencc OF parties, II
valid. should nave Deen naue pelore
the long ana Expensive heariis Was
beguIi, and when the water
II necessary paru es' inlent nave peeh
brought IN. Such Oh the contracts ~
were IN force at the beginning ens
suit IN lyOo may. no" er' ue Proseo
on MS Application 70 sel.ie tue oecree
fer the purpose or showing the enec'
OF any decree Tor in1unc,ion on lhe
municipalities ana nxlng the tune wnen
" snouiq DC uiie.leu .,ssau -
sonable delay is Just n eaultapie' ~
order stnat q oppoI's
lorpea ioi 'ne w. 1880, 49,
niT.sai''iSs aaSsssa.,
ceeqines " conuei ~
Wa.fr risn's' = Az
rlsnt g 10 ~ ans app s,.. 80,
Lsxls'alure ZOE auu,'io.ai Tpa
\ tnsy nave iioe nov - ~
cempiainaht counsel VIII .he ~ ~
not admlt tnaf ,he,l Iipei,al
can De condemnea' 40 no. op1eee - ~ q
delay IN issu'ng tae inJuac.lon ~
purpose OF ihstl'utihs .he proeu,us
or attempting 70 procure lui.nsi ieS,s.
latton. Tney Suggest s'A nnoh'ns' Mn
defendants ask TWO Years oeiay' !
will hS tine time TOR issuing .he -
junction as not Garner 'hah apfti :
1911, and VIII also airect ina Il pro-
ceedings for conoenHat'on pe 'ane,
before that time tnen inJuiic.ion Hn
court. The contracts with Passaic and