Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1910-12-13
Ne " YORK CITY IS
TO FIGHT AGAINST
BIG SEWER PLAN
Municipality Appeals to U. 5.
Supreme Court to Block
Dumping Into Bay.

That New York State, and particu-
larly New York city, intends TO put
eveSy obstacle possible in the way OF
the c~one.-uction Of the proposed Pas
sale valley sewer has again been made
evident by the application of the city
of New York. to the United States Su-
preme Court for permission to join the
state of New York in the suit against
the State of New Jersey to prevent the
dumping OF sewage into New York
bay.
This is a revival of the suit that was
sta ed some time ago by joint action
of the Federal government and the
State of New York, at which time it
was proposed to prevent this State
from using the lower. bay as the termi-
nal station for the Passaic valley
sewer. The contention was that the
health of the residents of New York
city would be menaced by the presence
in the bay of such a sewer outlet.
1t was shown by the statistics sub
mitted by the attorneys for this State
that New York city itself was dump
ing n great deal more sewage into
the bay than this State would, and
that no measures were adopted to
purify the sewage. 1t was shown
on the other land. that this State
would install a publication plant that
would reduce the objec,.or able features
to the minimum ami end to eliminate
the very things that cifa ed the basis
for the suit.
War Department Reviews Case.
The wal department later reviewed
the case very thofo@SalH and finally
granted permission for the construe'
ton Of the sewer. TIE Federal gov
| eminent Their withdrew its objections
and stepped out of the case. h New
York Stata authorities did not seem
to evince much interest in pushing
| the matter after theiI main support
had boon withdrawn and the ruling oil
the war department So manifestly UP
held the Claims 81 mis- State. 1t was
! then thought thai the opposition would
cease, bnt the sudden stand taken By
New York city ias given the agitation
against the sewer i:eW life.
The city wants to become a CO
| plaintiff with the State in the sui
against New Jersey, and in answering
the appeal last week Robert II. Nc
Carter, representing this State, ant
Joseph Coult, representing the Passai'
Valley Sewerage Commission. claimeC
that il would be unconstitutional 70.
the City Of New York to act as a co
plaintiff with the State of New York
as the city is embraced in the govern
,nent OF the State, and, therefore, can
not in itself be admitted as a co
plaintiff with the State. The case viii
be argued before the Supreme Court OIL
Monday, and If thiS State is successful
in combating the issue, 1t is believet
that the opposition will be stified for al
time.
The decision of New York city t
enter the case was brought about by tn
action in Newark in agreeing to tn
plain OF the commission, which praeti
caIly meant the building of the sewer
Up TO the time that this city decided t
go into the plan the whole project wa
rather indefinite, so far as the real &C
complishment of the work was con
cerned, but with Newark willing t
share the enterprise it became apparen
that the improvement would be real
lied.