New Jersey v. City of New York

Background

One party to an earlier case filed a petition on May 8, 1933, saying the opposing party had not done what the Court ordered on December 7, 1931, and asked the Court to hold that party in contempt. The opposing party immediately said it could not comply by the original deadline and asked for more time until April 1, 1934. The record also shows New Jersey and its local governments have spent money after June 1, 1933, to prevent or reduce pollution of waters, shores, or beaches.

Reasoning

The Court addressed how to decide what has actually been done and what remains to be done to obey the earlier decree. It set a hearing for November 6, 1933, and appointed Edward K. Campbell as Special Master to take testimony, issue subpoenas, and gather evidence about compliance up to September 15, 1933, how much more time is reasonably needed, and the amounts New Jersey and its political subdivisions have spent and the damages they suffered. The Master must report the evidence and factual findings to the Court by October 20, 1933; the Clerk must print the report, and the Court will hear the parties on the report without requiring formal exceptions.

Real world impact

The order creates a formal fact-finding process that will determine whether the defendant has failed to follow the pollution decree, how long compliance will take, and whether New Jersey can show expense or damage. The Master’s findings are factual and may be revised by the Court; this is a procedural step, not a final merits decision.