Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1911-03-14
PATERSON Gets
SIX WEEKS MORE
IN RIVER SUIT
Wants Another Five.year Ex.
tension to Clear PasSaiC
of Sewage.

In order to give Paterson an ppo
tunity to present further facts III its
application to extend the injunction
for five years enioining it from pollut-
ing the Passaic river after March &c, of
this year. Vice-Chancellor stevens, in
Chahcery chambers. today gave that
city six weeks in which TO make good
on that opportunity.
On June &c, 1906. the vice-chancellor
enjoined the city and fixed its time
limit for March rs, 1911. The city was
then directed to pay all who suffered
from the sewage of the city and awards
were made, the amounts running from
S65 to $4,000 each.
City Counsel Mercy, of Paterson. APP
peared before the same court today
with his application for delay. asking
the court for five years more in which
to cleanse the polluted Passaic.
Richard V. Lindabury was on hand
for a score of riparian owners n
made a most vigorous protest against
the granting of the application.
Vice-Chancellor Stevens in postpon-
ing matters said that he did not have
sufficient facts before him, and that,
for one thing, the affidavits presented
did not state whether thu contract as
signed with the reservation is accept
able TO the sewerage commission.
Failed to Designate Changes.
You did not state" he told Pater-
sons representative, (which of the
property-owners nave disposed of their
property. You should sho what other
changes have been made and the con-
ditions of the property generally.
"It seems to me tat I must have
more facts, and 1 will let the matter
stand over for six weeks SO that you
can present the views of the sewerage
commission and present other facts.
II do not think now that the case is
in a position to be heard. and If an
order is to be made, of course 1t will
be made on equitable terms."
Exercised All Due Diligence.
Mr.. Mercy first presented his petit
ton, together with a supporting affid9-
Wit from Mayor Mcbride. of the Silk
City, in which, after rehashing the OLD
story of pollution, it was stated that not
wi~thstanding tina Paterson had "exer-
cised all due diligence in the premi-
ses,' the city had been unable to COM
ply with the terms of the order pre-
viously made in the Court of Chan
Gerry. He stated also that Paterson was
the first municipality to enter into d
contract with the Passaic Valley Sew
erage and Drainage Commission for
the construction of the proposed trunk
sewer.
In his reply, Mr.. Lindabury argued
that Paterson, instead of taking steps
to prevent pollution, had actually in
creased the discharge of sewage and
was now preparing to build another
main sewer for the Totowa district
He insisted strongly hat Paterson was
not in earnest in carrying out the order
Of the court, and he read editorials
from the Paterson Call to prove 1t. He
also insisted that even with Paterson.
acceptance of the contract with thf
sewerage commission there was &
string attached to it in the shape of {
condition which he had been informed
the commission would be unable e
accept.
Mr.. Mercy Their urged hat thu
'vaporings of the Paterson Call" az
ne put it, should not be accepted a.
P~aterson's attitude in the matter o
the proposed sewer.
Then Mr.. Lindabury took anothe
turn, and. referring to ~Patersonian
generally, said with much vehemence
Their conduct is co~ntemptuous ant
hey boast on the streets of Paterson
With regard to h action of this cou
Mess this court exercises its stronl
srm we do not know when any bona
de effort will be made by them. The,
IRE committing an unauthorized nui