Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1911-04-25
vice.ChancelIor Stevens Re-
serves Decision on Five
Year Extension Plea.
SAYS HE REGRETS SILK CITY
CAN'T SUGGEST SOLUTION
Seems to Be No Prospect of Ac-
tion Regarding River Pol
luton, lie lie Adds.

Affldavits from members of the Board
fore Vice. Chancellor Stevens today
and backed up by bulk of words from
Edward F. Mercy, its city counsel, in
the efforts of the Silk City to get its
extension of five years more on the in
junction proceedings enjoining it from
polluting the Passaic river after March
20 of this year.
When the lawyers in the case had
enoed their arguments the court said
that 1t would take Paterson's applica-
tion for extension into consideration.
Il am sorry added the court. that
Paterson is not able TO suggest sonls-
thing to solve the problem within a
reasonable time. The matter does not
seem to stand in any different position
than five years ago. There does not
seem to be any prospect of any action
on the part of Paterson. l will not ex
press any opinion, but do say that 1t Is
a serious situation
Six weeks ago Paterson was given
an extension, and it's legal representa-
tives were on hand again today, press
jng for five years more. 1t was on
June 26, 1906, that the vice-chanceiior
enjoined the city and fixed its time
limit for March &c last.
The first affidavit came from William
Berdan. president of Paterson's Board
of Finance. 1t set forth in long and
high-sounding phrases that the city
had done everything in its power to
press to conclusion the work of con-
structing a sewer. 1t covers some OF
the more important conferences held
between the Sewerage Commission and
Paterson's representatives, and one Of
its points was
"The Board of Finance has exercised
all due diligence in this matter, and
has acted in absolute good faith, The
city of Paterson has done nothing to
delay or hinder the work of the sewer,
and this deponent is willing to vote IN
favor of the work"
Home as Evidence OF Good Faith.
+ From j. Edwards Barbour, another
of the members of the finance COM
mission, came an affidavit In which he
sets forth that he never would have
built his residence where 1t is now
along the river unless he was as
sured that the river would be purified
at some time.
He, too, swore that there was no
truth In the charge made that the city
of Paterson was trying to delay con-
struction of the sewer, and had done
anything to prevent the work from
getting under way in a businesslike
manner.
Leopold Meyer and William J. Buck
ley. also members of Paterson's finance
commission, had like affidavits deny
ing obstructive tactics, and Thomas
WILSON, a member Of its Board OF
Works, and Charles L. Cook, a pronli-
nent citizen. did likewise.
1--WE are powerless TO act" Mr.. Mer-
rey said in a tone akin to despair, "and
are waiting for other communities 20
sign the contract"
Richard V. Lindabury, representing
the property Owners who are tring to
prod Paterson into doing its duty, pre-
sented counter affidavits denying due
diligence" and suggested that it might
be a good idea to have testimony taken
on the estimates Of the cost which
Paterson claims to have had made, one
of it's contentious being that the job
could be done according to it's idea for
something less than $2.500,000. which
is the limit allowed.
Not Adverse to Getting Estimates.
I'VE have no objection to you getting
these estimates" Mr.. Lindabury said,
'1f you are making an honest endeavor
to find out whether this work can be
done within the contract price. 1t
seems that just as something is about
to be done to effectuate the cleasning
of the river and things appear to come
to the point something turns UP TO
hinder the work. If they Mant another
month to find out whether their esti-
mates are correct let them have 1t.
Either have the contract signed or ind
out why 1t is not signed
Mr.. Mercy sharply opposed the pro-
position of taking any testimony along
the line suggested, and in answer to a
question by the Vice-C Chancellor said
Paterson had already expended $S0,000
in the preliminary inquiry. Then he
remarked that estimates of the sewer.
age commission greatly exceeded that
of the city's engineering experts. He
also enlightened the court with the
statement that Paterson had come to
the conclusion that trunk sewer is
cheaper than the disposal system sug-
2eSted