Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1910-02-26
NORTH ARLINGTON
MAYOR IS SCORED
IN COURT OPINION
"Self=assumed Position OF Guar
dian of States Waters"
Is Attacked.
VICTORY OF CORPORATION
WILL NOW BE APPEALED
Fight to BaIk Supplying Staten
Island Will n" Continued
by City.

Among the cases to be argued on
appeal next week at Trenton is that of
the appeal from the opinion handed
down last week by Vice-Chancellor
Howell, in which he restraints the
mayor and Common Council of the
Borough Of North Arlington from in
terfering with the New York and New
Jersey Water company in the laying of
water mains through the three streets
In that borough, 10 give an emergency
supply to Bayonne. Warren Dixon and
John Bell will represent North Airing
ton, and former Judge Gilbert Il. Col
Inns the water company and Bayonnc.
In his opinion the Vice-Chancellor
takes to task Mayor William Branden-
berg, jr., of the borough, for his self
assumed position of guardian of the
States potable waters, and says that
such an a~rrogation of power is not
within the scope Of a chief executive
of a borough.
Under an ordinance OF the borough
it Is necessary for any person or cor
poration wishing to dig up the streets
for the purpose of laying pipes to gain
a written permit. The water company
made application for three permits
covering the River road, Kearny venue
and Schuyler avenue. These permits
were refused by the mayor on January
IA with the following explanations:
"First-Because the resolution Of
Bayonne, under which you claim to be
working, which provides that the pipe
shall be of an estimated capacity suf-
ficient for the present need M for
other requirements of Bayonne, as well
as for the proposed service to the Bor-
ough of Richmond, N. Y. clearly in
dicates to my mind that Bayonne has
a sufficient supply OF water for its pres
emit an6 future needs, and that the real
object of the contract entered into. with
Bayonne for an alleged emergency sup
ply is to enable you to convey potable
waters of this State through the said
pipe line across the River road, Kearny
venue and Schuyler avenue to the. city
of Bayonne and thence to the Kill Won
KuIl and under the same to the bor-
ough of Richmond, In the city Of New
York and State OF New York. contrary
TO the laws of this State; and it is my
duty aus Mayor of the borough of North
Arlington to see that the laws of the
State are faithfully executed.
"Second-Because your company has
entered into a contract to sell water to
the Rnrian Catholic diocese of Newark,
within the borough of North Arlington,
without the consent of the corporate
authorities of said borough and with
out the consent OF the authorities to
the Incorporation of your said company
or to the laying of pipes by 1t beneath
the surface of the public roads and
streets of said borough, contrary to the
laws OF this State"
The water company then filed its bill
to restrain the borough officials from in
reference n offered to submit to any
reasonable regulations for the doing of
the work. On the return of the rule
TO show cause why an injunction should
not be granted, an answer was filed
which was practically q REPETITION of the
reasons given by the mayor.
On argument it was likewise objected
that IL Bayonne or the water company
lad any remedy whatever it was by way
of mandamus and not by injunction.
The opinion reads:
Courts Opinion.
I'm my opinion the reasons assigned
by the Mayor for refusing the per-
mits are not sound in law, nor do l
find that they are well founded in fact.
Having attempted to give the specified
reasons for his refusal he thereby eX-
clltdes from consideration any other
reasons which may have Influenced
him, and he has therefore elected to
stand or fall by the reason which he
has presented. There may be other