Pierce Butler

“ Vast amounts of garbage are cast on the beaches by the waters of the ocean and extend in piles and windrows along them. These deposits are unsightly and noxious, constitute a menace to public health and tend to reduce property values. Prompt removal is necessary, and men are regularly employed to haul them away. At times there are 50 truckloads deposited on a single beach. When garbage is carried upon the shore the adjacent waters hold large quantities in suspension. ”

“ The beaches are gently sloping and wide and have been improved at great expense. The ocean and bathing, fishing and boating are the principal attractions. Inhabitants of the municipalities chiefly depend for their livelihood upon the business of maintaining these summer resorts. Approximately 500 persons are engaged in the operation of fish pounds constructed under authority of the state within three nautical miles from the coastline. This is a commercial activity that results in the taking of large quantities of fish annually. ”

“ The Court appointed Edward K. Campbell as special master and authorized him to take and report the evidence together with his findings of fact, conclusions of law and recommendations for a decree. The master filed his report and the evidence introduced by the parties. It sets forth his findings, conclusions, and recommendations.
The substance of the findings of facts follows:
New Jersey borders on the Atlantic for about 100 miles. The shore principally involved extends from Atlantic Highlands southerly 50 miles to Beach Haven. On this stretch of shore, there are 29 municipalities. ”

“ It then applied to the supervisor of the harbor for permission to dispose of its garbage at sea and, because of the conditions then existing, he gave such permission and designated a dumping place. But later, because of complaint from New Jersey beaches, he designated the areas specified in defendant's answer. The defendant has installed and uses some incinerating plants but, by reason of increasing population and volume of garbage, the quantities still being dumped at sea are very large.
Weather permitting, the city dumps garbage daily. Less is dumped in the winter than in the summer. ”

“ The evidence abundantly sustains the findings of fact.
The defendant maintains that the master erred in concluding that it has unnecessarily delayed providing incinerators. The record shows that garbage gathered in the boroughs of Queens and Richmond has not been dumped at sea. The quantities shown to have been so dumped were taken from the boroughs of Manhattan, Bronx, and Brooklyn. ”