The Newark star and Newark advertiser. [volume] (Newark, N.J.) 1909-1909, 1909-11-24
EXPECT DECISION
TO UPHOLD STATE
IN WATER FIGHT
Vices Chancellor Walker Says lie
Is Disposed to Accept Reason
ing of AttOrney-General.
Lspeeial 10 the newark star.

Especial TO the Newark star.
TRENTON, Nov. 24.-In order to
overcome the objections raised by for
mer Attorney-General Robert II. Me
Carter in the argument before Vice
Chancellor Walker yesterday. Attor-
ney-General Wilson, before making an
swer to Mi. McCarter's argument
against the granting OF an injunction.
asked permission OF the court to amend
his bill. He wanted TO show, he said,
that several million gallons OF subter-
ranean waters would be diverted from
the lands of the public, which would
result in irrcparable damage. Mr.. Nc
Garter claimed that the a~ttorney-gen-
oral did not show that the states
rights would be intcrfered with.
The yice-chancellor said he would al
low the encouragement to amen his
bill in this particular. and in consider
ing the case he would act as though
the bill had contained this allegation.
Mr.. Wilson then argued that, in view
OF the recent decision handed down by
the Court of Errors and Appeals in the
case of Meeker VS.. East Orange. it would
be a violation OF the principles of that
court to permit the water company to
convey water from its wells at Belle
Vile to Staten Island.
In answering Mr.. McCarter's argu-
ment that the State had no control over
the bed of the stream beyond the ex-
terror line for solid filling, Attorney
General Wilson said it was inconse-
q~uential whether the control of the
waters between the exterior line for
solid filling and the exterior pier line
we're vested in the State or Federal
government. He insisted that a court
of equity should recognize the fact that
pipes were being laid and that this was
part OF a scnsme which, If allowed to
be completed, would result in ire
parable harm to the state.
To show the magnitude of the di-
he referred to Mr.. McCarter's
anxiety to show that the proposed d.
version Of water would, in fact, con-
stitute interstate commerce.. Mr.. VIII
son insisted that If the court allowed
the work of construction to be COIL
tinued that when the pipes were laid
the court would lose it's control over
the diversion of the water by %injunc-
ton.
After Acknowledgement Wilson had
concluded his argument, MI. McCarter,
in reply, said that if the injunction was
it would interfere with the
OF a great public work and
would deprive the people OF Staten
Island of a water supply which is badly
AT this point Nice-Chancellor Walker
interposed a query as to whether New
Jersey owes any duty to people outside
Of the State, where it's own interests
are j~eopardized. To this Mr.. McCarter
argued that the interstate committee
should at least prevent al injunction
until it became plain that h State
would thereby be seriously injured.
This, he said, had not been shown
by the affidavit presented on behalf of
the Acknowledgement.
The encouragement then called the
courts attention TO the affidavit at
tached to his bill of complaint, in which
it was shown that the water company's
wells at Belleviile are closely adjacent
to the wells driven and owned by the
city of Newark. Continuing. he said TO
permit the wholesale diversion from the
wells of the water company would re-
suit in i~ncalculable' injury to the city
Of Newark. To this Mr.. McCarter
answered hat Newark's wells were
constructed before the city made ar
for It's present water sup
ply and are now unused and falling
into decay through rust and the raw
ages of time. The city Of Newark, he
said, now has a supply Of ten million
gallons per day more than 1t needs and
that II will not, in all probability, ever
resort to obtaining a water supply from
these wells.
During the argument Tice-Chancellor
Walker said hat he was disposed to
accept the reasoning Of Attorney-Gen-
eral Wilson that, under the Meeker
decision, 1t was the duty Of the attor-
n-ey-general to protect the su%b-surface
waters as well as the surface waters.
He suggested. however, thai he made
the remark merely as a query, and that
it was not a judicial determination of
the question, which he would give upon
announcing his final decision.