The Newark star and Newark advertiser. [volume] (Newark, N.J.) 1909-1909, 1909-11-12
Order to Show Cause
Why 1t Should Not Be
Enjoined Is Signed.
FIRM is CAUGHT IN ACT
OF DREDGING UNDER RIVER
Affidavits Collected to Show
That Necessary Rights
Were Not Given.
[Fron a stan corrssponaent.l

TRENTON, Nov. 12.-On application
of Attorney General Edmund Wilson.
Vice. Chancellor Walker this afternoon
granted an order to show cause why
the Hudson County Water Company
and the R. C. Packard Dredging Conn
pany should not be restrained from
dredging in the Passaic river.
The order provides that the defendant
shall show cause at the State House
on November %, why an injunction
should not be issued restraining it from
doing the work at all times This
action is to defeat another plan of the
water company to lay pipes for the
purpose of furnishing water to Staten
Island.
It was learned yesterday that the
water company was laying pipes across
the Passaic river at Belleville to con-
vey waters from this State
When this information was conveyed
to the attorney-general's Office Theo-
dore Backes, of the latter department.
Immediately went to Belleville and in
vestigated the matter. after which he
got affidavits upon which he could base
an application for injunction proceed
ings.
He was busy last night drafting a
bill, and this morning set all work
aside in his department. so as to hav1
the work completed in time to make al
application today.
When Governor Fort arrived at tfle
State House today he Immediately so
in touch with the attorney-generais s.
department. as a result Of which NJ
Backes laid before the Governor II
result of the investigation.
He told the Governor that he hasl
been in touch with Attorney-Genera
Wilson and that he had approved OF
his work. The Governor then got n
communication with Morris +. sher-
rerd. after which he informed Mr.
Backes that he approved of the plan
laid before him.
Then Mr.. Backes found Vice Chan
cellor Walker and obtained the order 10
show cause.
Employees of the Hudson County
Water Company were found yesterday
busily engaged in dredging the bottom
of the Passaic al Belleville prepara-
tory to laying the pipes by which they
hope to convey water to Richmond
borough.
As soon as the attorney generals Of
flee was notified that the work of las-
ing pipes under the Passaic was ac-
tually in progress Theodore BacIzes was
sent to Belleville. He arrived in time
to see the dredge working at full blast.
Mr.. Backes then went to Newark
and collected affidavits to show that
no riparian rights had been given.
either to the Hudson Water Company
or anyone else permitting the land 0
be used for the purpose Of sinking
pipes Later he went TO Jersey City.
where similar affidavits were collected.
These affidavits are TO be used in
suit which was begun in chanecry
today.
Never since the announcement that
the Hudson Water Company was to
pipe sub-surface water to Staten Island
has that company been so Industrious
in the work of completing the connee-
tiens by which the water is to be sent
from Belleville wells TO Richmond bor-
ough. This activity has been marked
since Governor Fort decided 1t would
not be necessary to call a special ses
sion of the Legislature, contending that
the water snake could be sufficiently
scotched by court action to hold it until
the regular session of the Legislature.
1t is understood that an application
to cross the Passaic at Belleville was
made last July by the Hudson River
Water Company" and that when it WAS
shown that the pipe would not inter-
fere with navigation the plan was ap-
proved
In addition to the opposition of State
authorities, the water company has
spur to activity in that under the con-
tract water must be delivered to Rich
.mond borough on or before January l
or the contract is void.
Newark and Jersey City are peculiar
ly interested in the fight which is being
made TO prevent the Hudson County
Water Company from piping sub-sur-
face waters out Of the State. and it was
a joint committee from the governing
bodies of these two municipalities that
obtained the consent of Governor Fort
for an extra session of the Legislature
by pointing out to him the danger
which lay in delaying action against
the company until the regular session
of that body.
Later the Governor decided. after
conference with the Republican sena-
tors. that an extra session would be
unnecessary If the attorney-sener
was able to enjoin the water company
untsl the regular session of the Legis~
Iature.