Newark evening star and Newark advertiser., 1910-01-04
Injunction Prohibits Pas
sale Diversion For
Sale Elsewhere.
COURT REFUSES REQUEST
FOR SPECIFIC RULINGS
Final Decision Today Ends for
Time Being, at Least, Long
Fought Battle.

Arguments on MEMORANDUM of q
decree submitted by Chancellor
Emery in the suit by the city of Pater-
son to restrain the East Jersey Water
Company from diverting the waters OF
the Passaic river at Little Falls, by
which diversion East Newark. Passaic,
Kearny, Little Falls. Bayonne and
number of other towns receive their
water supplies. were heard by the vice.
chancellor today.
a number Of objections were raisew
by counsel on both sides. Mr. Corbin,
who Is associated with Michael Dunn
for the water company. complaining
that the clause declaring DEFENDANTS
diversion through its pumping station
as unlawful. as set forth in the bill Of
complaint and admitted in the answer.
and set forth in the proofs in this
cause, was ambiguous and uncertain.
and likely to lead to trouble.
1T assumes he said. that the ale
cation of the bin regarding diversion
are admitted by the answer and sus-
tanned by the proofs.
This is u mistake. The bill alleges
that the defendant daily diverts water
estimated at 3o0OO,000 gallons, ana con-
veys 1t TO other places Tor use, without
returning it to the river. The answer
admits that 1t has constructed pump
ing station, and that 1t pumps from the
river apout 2z.U0V. .0U0 gaiions of water
daily to its customers. A great part Of
the water diverted Is pumped for the
ediivery of water at Little Falls 10 the
Passaic Water Company, being about
1o,00U,00o gallons per day, which lis re-
stored TO the river in the city of Pater-
SON Another diversion of 100000 gall
Ions is pumped by this defendant at
Little Falls and Is delivered 70 the
| acknowledgements Water Company
'',rhe answer further admits the di-
version OF s,500,U00 gallons per day.
used for towns outside of Passaic and
Paterson.
THE position really taken by de-
fendant is that the Acquaclanonck
Water Company and Passaic Water
Company divert for the cities of Pater-
son and Passaic. and the East Jersey
pumps and filters for them.
Hio 10 w ttic ttittkt u 1 -
ants own evidence, which shows these
companies agree to deliver the water
from the river % the East Jersey, which
in turn shall pump and filter. and de-
liver 1t back to Them
Mr.. Corbin alo wanted the decree to
plainly set forth whether or not any
body at all was to divert the water.
The following clauses offered by MI.
at... -..It~ -.
insert:
Deny Offer 70 Paw Damages.
And it is further ordered, adjudgea
and decreed. that the offer of the de-
| fendant contained in the answer to the
bill of complaint to pay to the com
plainant the damages. If any, resulting
! from the taking by it of the water OF
the Passaic river such damages to be
| ascertained by this court pursuant to
! its practise In like cases, be and the
same is hereby denied
Leave should be reserved to eithe.s
party to apply for further relief as oc-
casion may require | would suggest
that il reads as follows:
And it is further ordered. adjudged
| and decreed that conlplainants are ON
titled to their costs of suit to be taxed
and that either party have leave to
apply to this court for such further
order OF decree as may be necessary"
The vice-chahcellor refused the latter
clause from the word taxed" to the
end.
In answer TO a q,'estlon OF AIr Cor
bin, the e-ehancellor said:
Mr.. Corbin. YOU are not enjoine,l
| from the diversion of tbs water You
are enjoined from diverti.. it for pur-
poses Of sale or of delivering to other
persons to sell The Injunction ought
to define clearly what is to be done and
what is not to be DONE
The decree, as then handed down by
the vice-chancellor reads:
Text OF Decree.
This eause coming on 10 be heard
upon the amended bill. anawer. amended
answer and replication, and proofs,
taken thereon. and John W oiriggs
William u. Gourley and Thomas c. 81
monitor. counsel for the compainants.
having been heard on behalf OF the
cornplainants, and William II Corbin
and Michael Dunn, counsel for the do
fendant. having been heard on behalf o.
the defendant, and the said pleadings
counsel having been heard.
TT is thereupon. on this fonrth dat
OF January nineteen hundred and ten,
ordered. adjudged and decreed by Ills
honor. Mahlon Pitney, chancellor of the
State of New Jersey, and the said
chancellor does hereby order. adjudge
and decree. That the complainants.
the mayor and aldermen of the city Of
papprS0n arc rinorian faWuar<s ,e ll,.x
lands described in the amended bill of
Complaint in this cause comprisinR
the West Side Park. the East Sid.
Parls and the engine house lot upo.,
the Passaic river; that compIainante
have title in and to said laais com
prising The East Side Park and the
engine house lot to the centre Of the
Passaic river, and in respect to said