The New York herald., 1877-12-19
THE COURTS.
A Case Being "Tried with All Rea-
.SOnable DilatOrineSS."
THE GREAT WATER METER CLAIM
Important Decision as 10 the Management Of
the WithcrS Estate.

Among the contracts which William NJ. Tweed, In his
rcc and easy" STYLE gave out while In the full enjoy
mcnt OF his municipal powers was ono to jose y.
Navarro TO furnish tho city with meters Under
This contract somo 10, 600 water meters were
structed, and bill put In for tho aggregnting
some $700,000 II Is we'll known difficulty as
10 getting this little bill casncd, and the result
appeal 10 tho courts. Meantime Mr. Navarro assigned
bis claim John Baird, who at vigorously At
work to compel the city to pay tho amount Of tho
claim. Upon statement that the matter involved tho
examination OF a long account the referred
to ex-Judge John X Porter. motion was recently
made before Judge Davis, IN Supreme Court CHAM
bers TO vacac tho order OF reference on the grounds
that the rcicrec has such professional relations with
the plaintiff and hts ass,gnor rs TO render II improper
that tho should bc tired by him. that tho action
rccrable, and that The Court had power to
order such reference. Among other reasons ad-
vnnced for vacation OF tho order OF was
that Mr Tweed has promised TO como to tho front
and tell what he knows about this conlract and IL is
claimed that this story would have more telling in
Guencc on jury than before a referee.
Tho decision In the was given yesterday by
Judge Davis, the same being embodied in lengthy
written opinion, aluding at the outset to the order OF
reference having been granted nearly tour years ago.
Judge DAVIS, In vein oil sarcasm peculiarly his own,
says that .since that time Tho trial has proceeded
with all reasonable dilatoriness." Having fired
his reasons for not granting the motion.
He holds that the CITY, ON whose behalf
eNlbteuC0
OF improper professional violations between the
referee and the present plaintiff and assgnor OF ope
rating as legal disqualification. The points raised
that ex-Judge Porter is counsel for the Gilbert
Elevated Hallway Company that the means for build
ing this road and defending suits against II are iur
n,shcd by the New York Loan and Improvement
Company, ana that the plaintiff and his assgnor
both large stockhodcr in the latter company. which
company owns nearly al tho stock OF the Gilbert
Elevated Railway Company He held that tho
relations Of Judge Porter 10 tho railway company
counsel cannot reasonably be supposed to affect TO
any extent his judicial fairness establish any bias,
prejudice partiny on his part. As TO the objec-
that the not relerrble he holds that
only ground which tho Court could be justified
this motion in interfering with order OF rcier-
must be that II Is absolutely void In
hct with the constitutional right oil trial by jury Ho
adds that Ill would be an extraordinary Thing
judge sitting at Chambers to set ASIDE order OF ref
crcnce madc by another judge at Chambers In which
tue parties hud proceeded with tho trial Tor
some three years and half because, IN his
opinion the case was one which ought not by
Of the peculiar nauro oil the have been
lcrred - He holds, further, that tho evidence Of
Tweed s not ''newIy discovered but newy developed
evidence from q source In which It known all tho
while to be undiscosed, not In the In which
SAID to be concealed III the marble TIL tho
han OF the sculptor bring to ligh but rather
the sense OF q well known mlnc which some new pro-
OF art science able TO mako productive and
useful