Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1911-01-05
The WATER-SNAKE,
MAKING ITS FINAL
SQU|RM FOR LIFE,
SEEKS COURT AID
Federal Court Is Now Ap-
pealed to in the
Struggle.
CORPORATION SEEKS TO FREE
SELF CT NEW JERSEY RULING
Attorney.GeneraI Wilson Files
Answer to Company's
Suit.
ATTORNEYSSAYPROVISIONOr
BILL Is UNCONSTITUTIONAL
Robert H. McCarter, Former At
torney-General, Represents
Receivers of Company.

TRENTON. Jan. 5.-The water -snaksI
in New Jersey is making its last fight
for life. The reptile is now trying toN
coil around the Federal Court with the
hope of shaking off the obstructions
that the New Jersey State courts and
legislatures have placed in the long
drawn-out fight that the people of tn
State have made to protect their wate
rights
Files Answer TO Suit
Attorney General Wilson today hled
In the United States Circuit Court
brief in answer to the water company's
suit to have the two McCran bills upset
on the ground that they interfere with
interstate commerce and incidentally
the water company's representatives
ask the Federal Court to declare that
the Court of Chancery was without
Jurisdiction when 1t issued an injunc-
ton restraining the company from lay
ing pipes for the purpose of furnishing
water to Staten Island.
The McCran bills, enacted at the last
session of the Legislature. sought to
conserve the States water supply. Tho
laws are being attacked by the receiv-
ers of the Hudson County Water Com
pany on the question of their bon,.
formance with the Constitution Of tho
United States. The receivers are rep
resented by Robert H. McCarter. for-'
mer attorney-genersl.
Argument Of Case Bexuz-
In the suit In which the brief is filed.
the Governor the attorney general, theN
assistant attorney general. the riparian
commissioners and the State wateII
supply commissioners are named as de
fendants Argument In the case war;
begun before Judge Rellstab last : Gx
and the brief. which Is suppler.. .ental
to the verbal argument. seeks to sus-
tain the demurrer interposed on bs7l
half of the State officials.
In order to have the Federal cour
enjoin the enforcement Of thed
statutes, the Encouragement contend
that the Hudson County Water Con
pany must establish three proposition
First-Tbat subterranean watel
when reduced to posression, II ms
chandise In respect to which owners
Is absolute and unconditional.
second-That IL the ownership OF
company in subsurface water H. M
" qualified even absolute ana
conditional, 1t must nevertheless
made to appear that such water AS
company proposes to take fs, when
CURED, wholly free from the sthtut
control complained of. ~
Third--That II the water comp
has resolved each of the first two n
ositions in its favor II would then
| pear, and only then, that the ownez
and dominion OF the company In
water Is of such character tn
might be made the subject of inteI
commerce, provided the conn
can Justify Its entry and Occup
the states land under water.
In rounding out his argun
attorney general goes exhausti
the subject of water cons
which is a subject, he contends
Importance to the welfare, he H.
comfort of every community.
sists that if the problem is to
met regard must be had for
the supply coming from
sources, but also the sub-suu
of the State. 3|l
The surface waters wers<X M
by the enactment Of the Bacl BS|<
and the McCran bills, whicft y
enacted until several years affBa 853
were to conserve for the people 0HSSS
State the subterranean waters, and%&
is these latter acts which the company
now seeks to enJoin.
In discussing the decision of Chan
cellor Pitney in the Court of Errors and
Appeals. in the case of Meelker versus I
the city OF East Orange. which upset