Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1913-09-09
SEWER Commission
GAINS VICTORY IN
CHANCERY COURT
Vice=Chancellor Backes Dis
misses Application to Fur-
ther Delay Work.
MAY TAKE MATTER TO
HIGHER STATE COURTS
New York and Paterson Inter-
ests Making Hard Fight in
Opposition to FIume.

OppOSILlOn TO FIuIfle.
A second victory was won today
by the Passaic Valley Sewer Com
mission in its fight with the New
York and Paterson individuals who
are opposing the construction of the
tunnel under Newark bay, when
Vice-C Chancellor Backes in Trenton
dismissed an application to further
hold up work on the trunk sewer.
Warren Dixon, of Jersey City, on
behalf of the New York and Pater-
son interests, applied to Vice-Chan-
cellor Backes on August 81 to con-
tinue the restraining order granted
by Vice-Chancellor Lewis prevent
ing the sewer commissioners from
awarding contracts for the construc-
tion of the tunnel under the bay. The
decision handed down today denies
this application.
The application for the order was
made by Mr. Dixon directly after
e-Chancellor Backes had handed
down a verdict after six weeks de-
liberation, denying a permanent in
junction to the Paterson interests
and disrnissing the order requiring
the sewer commissioners to show
cause why they should not be re-
strained from constructing the tun-
mel.
VIII Apply for Injunction.
Mr.. Dixon will now, he claims, ap-
ply to the Court of Errors and APP
peals for the injunction TO hold up
the work.
The suit against the sewer commis-
sion was started some two months
ago by certain New York interests
using the names of Paterson people
as petitioners of record. On behalf OF
the Paterson interests 1t is claimed
that the expenditure of $6,000.O00 for
the tunnel would reap hardship on
the municipalities who are obliged to
contribute to the cost of the big
fiume when the sewage could be dis
posed of in a much cheaper manner
by modern methods of publication
and emptying the semi-purifed liquid
In the Newark bay. The tunnel is to
be constructed so that the affuent
can be emptied into New York bay
at Robbins Reef.
Various organizations in New York
have been opposing the sewer sys-
tenn since it's inception. The latest
fight, 1t is claimed, is being financed
by merchants association in Man
haitian. An effort was made to inter-
est the municipality of Passafc in the
matter. but the latter city refused to
enter into any movement which would
tie up work on the sewer.
Would Use ImhoT System.
The other alternative presented by
the petitioners is to have the sewage
purified by the Imhoff system. Vice.
Chancellor Backes ruled that the in
stallation of the Imhoff septic tanks
would prove a greater expense than
the construction of the tunnel and
probably would not be so reliable.
Adrian Riker, of Riker & Riker, and
John r. Hardin, of Pitney,' Hardin &
Skinner, are counsel for the sewer
commissioners.
The suit brought by the Paterson
interests has already cost the Sewer
Commission more than 100000 and
has caused years delay in the COM
pletion of the big fiume.
The Degnon Contracting Company,
! Of New York, had offered to construct
) the outfall, which is part of the
tunnel sections for $31S. 900, a figure
lower by $16S.5O0 than the Merritt G.
Chapman Wrecking Company, of New
York the next lowest bidder
Because of the delay suffered on
account of the restraining order. the
Degnon Company recently served
notice on the Sewer Commission of
the withdrawal of it's bid. Other bid
ders refused to honor the bids they
: had submitted, also, because of the
! delay and the matter had to be re-
advertised. The new bids will be
opened on November Is.
The bids on sections 2 and 3, which
include all of the tunnel from Rob-
bins Reef to the pumping plant in the
meadows, exclusive of the outfall,
were opened by the sewer commits
sioners today.
Bids for sections and of the Pas
sale valley sewer were opened this
afternoon by the Passaic valley
sewer commissioners. The lwoer of
the two bids on section2 was made by
the Degnon Contracting Company, of
New York, at $2,603, 300 This section
extends from the outfall district at
Robbins Reef to a point In Jersey
City. The other bid was made by
4 Booth & Flynn, of Pittsburgh, whose
bid was $3,06O.5O0.
The same companies are competing
for the work on section 3, which may
be built in either of two ways, at
high level or low level. The bid for
the work at low level was made by
the Degnon Company, at 81. $50, 700.
The low level would involve digging
$50 feet below sea level at the pump
ing station in the Newark meadows
and tunneling to a point in Jersey
City, to meet section 2, which is
eighty feet below sea level.
The work at high level would be-
gin at eighty feet below sea level in
the Newark meadows and continue
out to Robbins reef. For the con-
tract under the latter conditions the
Booth IL Flynn Company bid $2,375-
400, while the Degnon Company bid
was s2,656,960 The larger figure is
n1IOta6 haHaISp II g 11ndprgfnO1 the
work eighty feet below sea level will
entail the task of drilling through
trap rock.