Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1913-08-27
TO TAKE APPEAL
IN FLUME CASE
Paterson and New York Inter-
ests to Contest Vice-Chan-
celIor's Ruling.

That the Paterson interests and
Edward Hatch, jr., head of the New
York Merchants Association, who
were recently defeated in an attempt
to procure an Injunction restraining
the Passaic Valley Sewer Commits.
sioners from constructing a tunnel
under the Newark meadows and
sewer outlet in New York bay, in
tend to carry the case on appeal to
the Court of Errors and Appeals,
was developed in a statement given
out by Mr.. Hatcn.
Mr.. Hatch, who has offices at los
Fifth avenue, New York, has been
fighting the Passaic sewer project
since its inception. Despite the fact
that the recent action brought by him
cost the parties concerned upwards
of 100000 he intends to appeal the
matter to the limit, he says.
The suit was brought under
false pretenses and eight OBJ
scure individuals in Paterson were
induced to give their names to
Ii to give 1t local status. The en-
phatic language of Vice-Chancellor
Backe in dismissing the temporary
injunction procured by Hatch was ex-
coriating of those who brought the
suit and of the engineering expert
employed by the Imhofr sewage dis
posaI spectators, who gave his evil
dence in the hearing in the suit with
the object of contract for an I'M
hoff plant to be forced on the sewer
age commission.
Hatch said yesterday, in an
nouncing his purpose to continue per-
secution of the Passaic Sewerage
Commission and the Passaic Valley
municipalities:
"The logical place for this sewer to
empty Is Newark Bay. The district
surrounding 1t will never be a resi-
Dental one. The factories in the
neighborhood are of the most often
sive kind, most of them fertilizing
factories, and any resident of Newark
will tell you that when the wind is
from that direction the smells are
most Objectionable. 1t is perfectly
evident that these doors are much
worse from this cause than they
would ever be from a sewage dis
posal system.
Authorities on the subject say that
If sewage is emptied into New York
harbor it will undoubtedly pollute the
waters. The harbor is not an ocean
highway, and 1t has been proved that
the sewage does not go out OF the
narDOr, Dut JnaI II SOuulueS theEe "
the depth of twenty-five or thirty feet.
and there is no ocean disposal. The
New Jersey State Health Department
has nothing to do with the situation,
as it comes under special legislation.
Only in the event of the final con-
struction of the tunnel and proof that
1t had become an actual menace to the
health and sanitation of the State
could 1t interfere"
In his decision Vice-Chancellor
Backes disposed summarily of all of
the contentious of Hatch and shamed
him out of court. The vice-chancellor
said:
There is obviously a very wide
path between the effect of a sewage
effiuent deposited in the ocean high
ways and when disposed of in inland
waterways. That the sewerage COM
missioners and the municipalities
adopted higher factor of safety than
is approved by the compliments is
not ground for equitable interior
ence with the discretion vested in
them by the Legislature. Moral
obliquity Is not involved. That the
commission formed it's decision only
after a long, Industrious and careful
study of the problem, and that 1t
acted wisely and judiciously, amply
appears by the proofs"