Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1910-11-15
DEATH BLOW FOR
WATER-SNAKE IN
Z COURTS DECISION
States Highest Tribunal Hands
Down Opinion Against
a. Water Monopoly.

The water-snake has received its
death blow at last.
me Court of Errors and Appeals.
sitting in Trenton yesterday, by a
unanimous vote, upheld the decision of
Vice-Chanceilor Emery, renderd Janu-
airy 4 last, restraining the East Jersey
Water Company from diverting the
waters of the Passaic river for selling
purposes. The city of Paterson figured
as complainant in tn litigation that
was begun in 1908.
Originally the suit was brought
agains. the East Jersey Water Com
pany and the city of Newark. which
diverts water from the Pequannock. a
tributary of the Passaic, but, through
the efforts of James r. Nugent. heal
of the law departmnt of this city, the
sctions were divorced. The separation
of the defendants was a victory for
Newark. The action against the water
mi eopoly was pushed to a successful
CO rusion by Assembiyman Thomas F.
Mctran. The suit against the city of
Newark has not been decided as yet.
The facts involved are of a different
mature, and an entirely different result
Eis looked for. The water company
diverted the water for private business
purposes, and the city of Newark
needed the water for it's own municipal
purposes.
Tho Injunction, granted by the Chan
Gerry Court in January. does not issue
till April l, 1911, and it Will not issue
hen If the defendant has taken steps
meantime to condemn the rights of
the complainant and till the court has
granted q further order.
Paterson's Complaint.
Paterson, the complainant. brought
suit against the water monopoly to
establish it's right to an undiminisl1ed
flow of water across its lands. Vice
Chancellor Emery, in deciding last
January in favor of the municipality,
said:
That the complainants, the Mayor
ana aldermen of the city of Paterson,
are riparian owners of the lands de-
scribed in the amended bill of COM
plant in this cause comprising the
West Side Park, East Side Park and
the engine-house lot upon the Passaic
River; that defendants have title in
and 10 said lands comprising the East
Side Park n the engine-house lot to
the centre of the Passaic River, and in
respect to said three tracts of land the
compIainants hav Gas against the de-
fendant) the rights of a riparian owner,
and as such riparian owners have
rights to the full flow of said stream
along or over co~mplainants' said three
tracts of land, including the water di-
verified by the defendant, subject only
to the dimunition thereof by the law
full and reasonable uses Of salt stream
by upper riparian owners and those
claiming under them; hat the diver
si4n by the defendant of the water of
the said river from the said river
through its AIMS, reservoirs and pump
ing station at or near Little Falls, on
said river, above the said lands of the
compliments is a violation of the
rights of the compliments Gas set forth
in the bill of complaint and admitted
n the answer mi set forth in the
proofs inkthis cause) as such riparian
owners of said three tracts of land, and
the compliments are entitled to equi-
table relief against the defendant in
respect thereto. as hereinafter set
forth.
Perpetual Injunction.
1t is further ordered. adjudged
an, uecreed that the compliments are
entitled to a perpetual injunction
restraining h defendant, its agents
and servants from the further diversion
of the water of the Passaic River from
said river through its dams, reservoirs
and pumping stations at or near Little
Falls, on said river, for the urpose OF
sale, or of delivering to any other per-
sons or corporations, to be sold either
directly or indirectly but that no right
of Injunction issue until the first day
of April, 1911, and that if before that
time proceedings for condemnation Of
the complainants' rights be commenced
by or in aid of the defendant, then said
right of injunction shall not issue Til
further order of the court.
And 1t is further rendered, adjudged
and decreed that the complainant has
no standing in equity IN its claim as
a municipality, set up in the bill, of
the right to construct a sewer system
~discharging undiluted sewage into the
Passaic River and to the undiminished
flow Of the river for the purpose of
diluting the sewage, and all relief upon
the portion of the bill of complaint
setting up such a claim is hereby de-
p{adD