Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1911-03-07
New York and New Jersey Com-
pany Cannot Lay Mains
in Streets.
JUSTICE BERGEN DELIVERS
THE IMPORTANT DECISION
Holds That Object Is to Trans
port Subterranean Waters
from State.
From a staff Correspondent

TRENTON, March Tine poroush
of North Arlington is victorious In Its
fight against the New York and New
Jersey Water Company, In which the
borough sought to enjoin the water
company from using its streets for the
laying Of water pipes in its streets. for
the purpose of supplying water 10
Staten Island through Bayonne.
The dec. sion against the water COM
pany was delivered by Justice Bergen
In the Cour of Errors and Appeals.
and in part says:
THE facts displayed in the record
led to but one conclusion, and that Is
that the contract under which the
water company is laying its main from
Belleville to Bayonne, and there con
Meeting 1t with the pipe of the Hudson
Water Company, leading to he XIII
Won Kull, has for It's principal object
the transportation of s~ubterranean
waters from this state to the State OF
New York, without, SO far as we can
discover. any lawful right to do SO.
Defendants Failed TO Prove.
such right is not claimed in the
brief of the counsel of the complain
ants, but on the contrary it freely dis
avows such purposes, and urges that
the defendants have utterly failed to
| prove tina 1t is intended to transport
water to Staten Island or elsewhere out
of the State of New Jersey.
ut was evident that the principal
purpose of the contract Upon which the
water company sought to lay It's pipes
was not to furnish Bayonne with an
emergency supply. There was no PROOF
that such a supply Is needed, the only
apparent consideration to the city be-
ing the supplying water for municipal
uses, free of charge, and the tolls pro-
vided for in the agreement. OF 70 per
million gallons, which profit the COM
pany can only reap when water is
taken out of the State. This situation
depr.ves the city of any substantial In
terest i'll the contract. except as an as
sistant IL the proposed scheme to
transport water to New York.
we are of the opinion that under
this contract the provision for an
emergency supply Is a subterfuge to
cover the real purpose of the COM
pla.nants, but. grs ating that the city
| of Bayonne is entitled to lay a pipe
through the borough of North Arl ng-
ton for the purpose of providing lay
+, onne with water for an emergency sup
ply, or other lawful purposes, its right
to do so is limited TO the installation OF
a pipe reasonably sufficient for that
purpose, and it cannot take advantage
OF such right to lay at the same time a
pipe of i capacity sufficient to u ply
Bayonne and also the borough of Rich
mond, in the State OF New York. any
more than it would have the right to
put down two pipes in the trench pro
| posed, one to carry water to EayOnne
and the other to convey water out IF
the state. and. so far as the contract
requires the laying OF a pipe suf-
GENTLY large to supply the borough Of
Richmond. it is ultra wires.
Rights of the Company.
TT is urged that as the water cannot
be lawfully transported out of til,
State, it will not be inferred that a
wrong Is intended, and. therefore, 1t Is
not unlawful to lay a pipe sufficiently
large to supply the borough of Rich
mond as well as the city of Bayonae.
in anticipation Of the removal of the
LreE-nt legal prohibition; but that bess
the question, which is the present right
of the complainants to use the high
way In nth Arlington in the man
ner proposed under the contract in
voked in support of hat right, for il
a pipe f the size and for the purp,s
contracted for is not being installed By
virtue OF a / 'esent legal authority the
-cJmplainants have no standing in a
court of equity.
If the present decree and order be
affirmed, a court of equity, instead OF
preventing, Is aiding In the furtherance
OF a plan by which water may be
transported from this State to another
without sanction of law therefor, bat
by virtue of a contract with the city
of Bayonne containing provisions for
the supply of the borough of Rich
mand, which the city mas no power.
las c~omplainants have mot shown
that they are entitled to excavate
streets of North Arlington for the pur-
pose OF laying a pipe of sufficient
capacity TO supply the borough OF
Richmond with water in addition tc
the supply that the city Of Rayon {
may need and which ii may lawfully
contract for, a court of equity should
not exercise its power of injunction t.
assist them"