Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1911-02-11
NEW CHAPTER IS
ADDED TO WATER
COMPANY TANGLE
Effort. Made to Prevent Sale of
Belleville Wells Prop
erty.
RECEIVERS OF CORPORATION
APPEAR AS PLAINTIFFS
Court of Errors and Appeals
Is Sure to Hear
Case.

Another step was taken in the liti-
cation growing out of the failure of
the Hudson County Water Company to
divert waters from this State when a
rule to show cause was secured yester-
day before Judge Rellstab in the Uni
ted States District Court at Trenton
asking that P. H. & ]. Conlon, the con-
tractors, who did the work of the
Belleville wells, be restrained from SELL
ing the property under an execution.
- Papers ReturnabIe February 20.
The rule was asked for by Conover
of the company. Harry Hubbard and
William N. Leonard, and was made re-
turnable February 20.
This new phase of the long awn-
out litigation. which is far from it's
finish, as whatever way the legal cat
the Court of Errors and Appeals, is
the result of the Judgment for $4,000
which the contractors, who are repre-
sented by John R. Hardin, recently &C.
cured against the company and the re-
local Circuit Court. Steps were taken
at once to levy an execution so as to
cover this judgment, and Mr. English
hurried to Trenton to get the injunc-
ton.
Base Action on Mechanics Lien.
The action was on the mechanics
lien claim, which the contractors insti-
tuted to secure themselves after the
company got ITS black-eye through the
McCran act, and 1t was set UP by Mr..
English in his petition that when the
receivers were appointed the Belle
vile property came into their posses
sion and that 1t was necessary in the
interests of the creditors that 1t should
not be sold,. because 1t would be preju-
/ diced. 1t was also set forth that such
sale would be a detriment to stock
and hondholders' interest generally
The property, 1t was cited, involved
several hundreds of thousands of dol
lars, while the Judgment was for a
small amount comparatively, and a sale
would be in the nature of a sacrifice.
Priority of the rights of the stock and
bondholders over a mechanics lien
claim was among the questions raised.
Reply Briefs FILED.
Reply briefs for the complainants in
the main suit. which is to have the
McCran and other like legislative acts
| declared unconstitutional. and the de-
PENDANTS, John Franklin Fort, as for
mer governor, and other State authori-
ties, enjoined from seeking to enforce
them, were filed today.
Each of the several points set up by
the defendants is disposed of, backed
by voluminous authorities. II Is first
denied that the suit is against the
State, and then declared that 1t not
barred, as the other side claims, be-
cause of prior jurisdiction in the State
courts. The allegation that there can
be no private ownership of land is
brushed aside, 1t being set up at length
that subterranean water may be the
subject of ownership and become an
article of commerce.
other points pressed In opposition to
the other side are that the statutes are
not to be defended as proper express
sions of the police power; that the busi-
ness of the Hudson County Water Com
pany are within its charter; that the
requisite authority to cross the XIII Won
Kull the way the company tried to get
water to Staten Island, has been OBJ
tanned from the federal government;
that the LEGISLATION involved is Inn
proper, as impairing the obligation Of
the contracts made by the water COM
pany. and that section 720 Of the re-
yised statutes of the United States
contains no answer to the bill of COM
plant