New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-01-07
BROOKLYN WATER SCANDAL
ARGUING FOR A CONTINUED INJUNCTION.
Mr. GAYNoR EXPLAINS THE PLOT TO swINDlE
4 CITY-AFFIDAVITS FILED.


CITY-AFFID,vITs FILED.
Justice Bartlett in the Special Term of the
Kings County Supreme Court yesterday listened
to the arguments on the order 70 show cause why
the temporary injunction granted by Justice
Cullen December 81, restraining the Mayor,
Auditor and Controller of the city of Brooklyn
from carrying out their contract of December -
to purchase the Long Island Water Supply Com
pany, SHOULD not stand. pending the trial of the
action brought by William Zegler
When the case was opened Corporation Counsel
jerks on behalf Of the defendant officials, pre-
scented an affidavit of John p Adams, Commits
sioner of City Works, in answer to one by Ben
jamin Rausch who said that Alr Adams told
NJ. l.. Towns and himself that he knew Of no
connection between the city mains ard thoSr OF
the water company. Mr.. Adams says that in
October he met Mr. Towns who told him Of tie
rumor that the mainst had been tapped and he
asked Towns where it was, and Towns refused
to tell although he said he could furnish
diagram which would show TIE exact spot The
next day he sent note to Towns requesting tie
information and again on the following day. Mr..
Towns declined TO give TIC Information. IN
timating that he must have fee. as il was Legal
case. Mr.. Adams refused u pay any fee. He
became convinced that there was no truth in the
nection at Manhattan Junction on his own au-
thority as he had right II do. and permits
for digging up the stree: were required hy the
person doing il, for he was accustomed 20 dig in
the streets whenever necessary to repair sudden
breaks
Samuel A. Livingston. the superintendent of
the water company, that the company
had not uniformly refused To extend its mains,
as +. J. Granger had said. but had done so
whenever the locality warranted the expense.
In reply Mr. Gaynor counsel for Mr.. Xicglcr.
presented another affidavit of Elihu j. Granger
saying that he had examined map made by
Livingston. which purported to show the present
plant of the company, the black and blue lines
on which. Livingston swOre, represented correctly
the pipes and mains OF the company Mr.. Granger
identified the pipe indicated by blue lines as
small pipe. running from one to two inches IN
diameter.
Peter Milne, in addition, swcars that he eN-
amined the map and measured the blue line and
found that the pipe indicated by it was over
eleven miles long. He says that his estimate
Of the value Of the plant at S250,000, read on
Monday was based on the theory that the COM
pany owned the mileage Of pipe which 1t had
said it did lie further swears that by the man
he finds only thrty-four and one-ffth miles OF
pipe all told including the small pipes indi-
mains was indicated on the map as follows :;
fifteen miles of 6-inch pipe, four miles of Snch
pipe sevcneighths of mile OF 12-inch pipe. and
three miles of lG-nch pipe In the eleven miles
of pine indicated by the blue lines there were
no fire hydrants and they would not bear fire
bydrants.
The las. affidavit was that of william Zeelcr
the plaintiff who swea2S that on Monday, with
his attorney he Went to Commissioner John 7
Adams and asked for all papers relating TO the
connection OF the mains OF the two systems and
was told that there were such p1rers i'll the
Commissioners Office He then went 70 the office
Of the Water Iurveyor. Mr.. Hawkes. was alb
sont. and his deputy, Mr. IIasgcItY, refused -
show the records and said he mus: see Mr.
Hawkes. He waited all the afternoon but the
Puryeyor did not return. The deputy would
neither affirm nor deny that there were any such
records Mr.. Zcgler takes up the affidavit OF
..ayor Chaplin and SAYS that u Is not true tha'
re city would not be OBLIGED hereafter TO lay
mains and put plant ir the Twenty-siAth Ward
for the water company's mains cover Only
snail purt Of the territory of the ward. lie says
tnat the city refused to purchase the stock OIL the
company until 1t passed TO the present owners
and that then. or. as the Mayor says, clever
months ago. tie negotiations were begun Tue
Mayors argument that tie provision that the
colnpany furnish fire Eydrants when II IS ahlc
10 pav : per cent dvide1ds he said. was weak
for the officials had the night 10 inspect the BOOKS
Of the company and what the revenues were
Ny Zicgler takcS up Trecartins letter TO tie
Mayor and shows IT'S false representations as COM
paicd with Trccartin's statement 10 the assessors
The details of these statements have already been
published in The 1rii me.
Referring 10 the statement in the afiidavn
Of Controller jackson that he used ell the pru-
hat he
his private business, he expresses his bellef that
A.. jackson would not himself be willing to purchase
the propertv for 81 100000. Mr. Zegler finds
fault with the secret character Of the hcgotia-
tons and says that had 1recartin's letter been
made public other citizens would have called
attention to their fasity. The connection between
the water mains and the city was unnecessary, II
il were true as declared by Livingston, that the
static pressure of the water in the company S
mains was greater than that in the mains OF the
CITY, Referring 70 the statement of Nevns that
when he wrote the letter asking for the conncc-
ton he did not know that the Twenty-siXth
Ward system did rot belong TO the city, Mr.
Zegler saws he does not believe the statement is
true for be is informed and believes that Nevns
was connected with the sale Of stock for $40 a
share, and was present at least two occasions
when the sale was being consummated and was
in conversation with Staples, who paid for the
stock. He adds that the connection confessed
by Nevens and tie one charged in the moving
papers were close together.
The argument Of the then begun by
William j. GayDor, who said:
There certain facts standing here that would
sustain an injunction in any ordinary case. II Is A
fact uncontradicted that ago the defendants
refused TO purchase. 10 is uncOntradcted that when
the Annexation act was passed the question OF pur-
chase made public issue, and the controller and
auditor elected thereafter pledged themselves not 10
purchase. When che stock purchased at go a
share q year ago. the negotiations began. They were
conducted In secrecy, notwithstanding the question
had before been made public issue. The facts stand
uncOntrOverted that the president put the value Of
the real estate at $271 1897 So when the highest value
Is 900 Three months before this president
that the real estate worth only ST. 900
and the stock-worth $4,000. To the Mayor he says
the stock is worth 81 100000. My gracious lie
did not see where he put his foot from day to day.