New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-06-30

The trial of the injunction suit brought by
William webb and other propertyowners in the neigh
bOrhood OF the against the
city TO restrain it from removing the reservoir in accord
with act OF the Legislature, continued yes
terday in the Supreme Court before Justice Macomber
sitting equity judge The counsel for the plaintiffs
offered in evidence certain resolutions passed by the
Board Of Aldermen, both before aud AFTER the bringing
OF the su by which the proposed removal Of the reser
voir condemned The revolutions objected 10
Incompetent evidence aud Justice MscOmber sustained
the objection saying that the corporation Of the City
Of HewYork had been opposed to the removal
OF the reservoir it could have instituted
suit TO prevent it. Mr.. Fitch, for the
plaintiffs, then said that .>he relied in part
for he relief sought in this suit upon the fact that the
Corporation Counsel in defending the suit did not rep
resent the city. The people opposed to the re-
nova Of the reservoir and the Board OF Aldermen had
directed the Corporation Counsel oppose the suit
EKJEdZe lion said thar the Legislature had power
TO remove the reservoir against he consent OF the city
which the Board OF Aldermen had refused give Assist
ant Corporation Counsel Dean replied that the Board OF
Aldermen not the corporation but only part Of it,
and that the Corporation Counsel s not bound by the
resolutions Of the board reference to the conduct or
suits against the city. Justice MacOmber adhered TO his
ruling.
Nathan c. Ely then testified that he was one Of the
plaintiffs and Of real property in the neghbOr
hood OF the reservoir. which paid amounting
to about S1.OO0 year He said he hal lived
in the city tor fifty years aud knew the
value OF real estate. In his opinion the whole
Of tne square at Forty-second-st. Was worth about
S3OOOOOO and the part upon which the reservoir stands
was worth about 81 100000 He is the president Of the
Peter Cooper Fire Insurance Company and member Of
the Board OF Underwriters, and said could
der cain that be d-auk drop Of whizkey in his
life. He thought the noga # the would
suit in scarcity OF water lower part OF tine city.
Henry \ Oakley, OF the Board Of Underwriters said
believer That tAe water supply would DO luJuJOusy AZ
Ioci d BY the removal ~ the reservoir
Inc counsel Tor TIE paint IL then ID that, reServng
Tue IL IL. 10 call one witness, WOIld his
case. \ motion to dismiss tue complaint was denied.
An aNddYit by Allan npDel at ia evidence
tAe part o the cry In 10 Mr. Campbell said ina alter
an csgauOn O TIE ltter he nad arrived al con-
clu,lDn the
hrtuer tie revenues o. the CrulOn Water De pdtmcut
nor Tue water supply II the CITY. The
mt,Jtr oil -dN tcco ant wdtor ays-r Of the Guy
tie wAole amouHt of wafer contained il being only
equa 10 rpth Of six inches great basin
udl Idik. Inc supply OF alter rom reservoir
had once been stopped tor twenty-tJur hours,
supp! o lie cry George ". Blr. All, engineer con
ncc,cd Win Tue Gro Water Dep .rt!neut, then
planet the water OF the aud declared that
the reservoir Wa lprruuOu- Inc water Cen
tI fa4h reservoir -Lhpl. tnrOug lne AZ FORTY
sec0ua-st, uuc II coud easily be carried though the
street mains 70 tAe paris Of tue ci,y where 10
10 De CONSUMED COutrOucr Caup.cu Lncn tc.ncd LDut
ALREADY IL 1877 De nad made I mind tnat the reser
F"It az rory 7ccoudr served 40 useful part IN Tie
wafer ~ SEEN 1 me clay The supply TrOm TINS Dir
MAJ uceA cdl vi Tor Unity gh days, Without de-
crease ia the supply 10 the cry. RESERVOIR dlt not
produce but OnJ neld water; and II tDe wafer we're
Would never i-cA 4Or ~ale TIE case viii De continued
tO-cuy.