Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1910-05-04
SEEKS TO ENJOIN
EAST JERSEY FROM
DIvERT|NG WATER
Attorney-GeneraI Wilson Asks
Order in Chancery Cham
bers Here.
CLAIMS PASSAIC RIVER
COMES UNDER OLD LAW
BayOnne, Harrison, East New
ark, Kearny and Nutley
Among Towns Affected.

The East jersey Water Company
inquired as the defendant before Vice
chancellor Stevens today, where At
torney-General Edmund Wilson asked
Tor an Injunction restraining that COM
pany from diyerting water at Little
Fails, where flows the Passaic. The ap-
plcation was made on the ground that
under provision of the law of 1883
the company had no right to take water
from any stream of less volume and
Width than the Delaware river at Phil
hpsburs in ordinary times" 1t was
contended that the Passaic river at
Little Falls was of less volume and
Width than the. Delaware river at the
point named, and it was held that for
that reason the company should be
restrained. 1t supplies water to Bay
onne, Harrison. East Newark, Kearny,
Nutley Little Falls and other points
in the eastern section of the State.
The attorney general told the court
at once that he did not intend to offer
any proof, but simply asked for
construction of the statute in question.
plus the admitted act of diversion
and he was answered by William III.
Corbin. counsel for the company who,
referring to the act. said: we do not
claim any power under the provision 5f
the act OF 1888" This. he held, on a
true construction, would be found 10 be
,,nca,s+;t,,t;ono1
INSISTS ." law hn'"r'ei"en''
Whlle tue atlorhey-generai aohiitted
the corporate power OF the company
under the act of 1875. he insisted that
tho proyiso of 1888 referring to the
aer,th and volume IT the Delaware
,.,,,ar sbou,d he observed ia tho letter
s8,,., .,,l s.t,,. ,,.,,a !. 80. e,,,+ha,,.
e,h ''fe oe"ea
eial'iee 9y rue euiilpans tii'l /" was
Rot only pound py the PROVISIONS ol
the act of 1888, but that the state
passed another act making 1t lawful
for towns and municipalities to make
contracts with the East Jersey Water
Company. 1t was also insisted that the
company had spent millions of dollars
in It's operations and that the state was
low estoppeu from raisl'is me Hues'ioh
'as ~, s.',es.i.. ~ 20 a.tor,,
.,s,...a 49, cta.a,s a,s,,,a,. 10. .,o+
49, a,.i,,oi,Io a,,e, ,,o+ an,,,, 20 stata
,.a,, +i,oo ord Ynder any c;rcup,
..aa
A.... ~, acknowledgements r,d ,,,ada
~ n,r,lioat;on Nf,. - rhip ans,,eIed
brioer setting forth the nosition os the
eor,nsny and elucidating the plans of
x,a4l, s,,,,r,,, 20 tho several onn,no,,ni-
as ~. ,,aans of a email colored man
fhat ,,,os susnanded near the vice chan
sal,ors dasIs He exnlained the location
,s ~ or;a,,s ,,.,.ts ~ tho pl.nts aEd
it,. aes,oted ~, +ba ann1ioaticn
Mr. ror,ir also told abo,,t the wav in
,tio,, t,,a u1ate,. was s,,nnlied to the
..'.S,.a, tr,,,,s ,aroed +bro,,eb +ba EasS
Tsa'. 49,. co,,,,,a,,1,
a.eG ~ tsa ,,,atar diyerted was u.al
sa,s,-- fo,. ,,,,,ricira1 nnrnoses ;. Mr. Cor
90 ia l., oonclusion .1rbare novar
p.ii sou - a,,,a,.tad fa,. not,ar or any
vas WIS s ,,,, ,,,,rnasa
o.ret IN - a - -, . oo,,,,,.v tho con-
-, 49, ,,,,,,;oira,it;ss fo,
tracts ~ 80 tta a,,a.te,,s ,e
ns water suppis ,e.n.,st,a s,u az 80
tne inleies.eo
oiiereo IN eV'ue
Engineer Quizzed'
Engineer Cook, connected with the
company, also helped to explain by
means of the map the position of the
East Jerseys pipe lines and indicated
the pumping station at Little Falls as
well as the reservoir on Garrett Noun
tain. He also told about the quantity
~ water supplied by the company
through its system.
In answer to questions by Mr. Cor
Rim Engineer Cook said that Bayonne
and Jersey CITY began to draw from the
S Passaic river watershed during the lat
ter part of 1896 and Little Falls in 1897,
while Paterson and Passaic began to
get their supply two years later.
ITO. what purpose is this water de-
voted?" asked Mr.. Corbin after other