The sun., 1891-02-10
THE BRooxIYN WATER SCANDAL.
Areuaents OF Counsel Before the General
Term ON Appeal.

Areunents OF Counsel Before the General
Term ON Appeal.
The suit OF William ZsiRlsr TO restrain Mayor
Ohapin and other ofiicials Of Brooklyn from
purchasing the plant and franchises Of the
Long Island Water Supply Company came be-
fore the General Term OF the Supreme
Court yesterday afternoon. Judges Bar
nard. Pratt and Dykman occupied the
bench. and the latter paid close attention
to the arguments on the motion to Dissolve
the temporary Injunction Of restraint continued
By Justice Bartlett. Last Wednesday Justice
Dykman ordered that the Injunction should be
dissolved II Mr.. ZieRlsr's lawyer failed within
certain time to name the day for the trial Of
the cause. The limit OF time will expire to.
day. Mr.. Gaynor ignores the order and has as
yet named no day for trial. His claim 10 that
the case was irregularly upon the calendar last
week. and that Justice Dykman had no juris.
diction.
Corporation Counsel Jsnks In opening yss.
terday said: Tho defendant ofncials do not
sock to reverse this order that they may con-
summate tho purchase Even II they bs freed
TO act. no steps will be taken to complete this
contract until full opportunity be afforded for
adjudication. Their sense Of OFFICIAL respon-
sibility. their regard for the interests Of the
city. and their deisrsncs to the forum. In which
their action 10 CHALLENGED. prompt this formal
statsmsnt The appellants believe that the
learned Justice radically erred. and that his
ssr S B.1ss. Il ns DOWN ii: d.si
aion, the court Of Appeala handed down do:
Dession RSa ssfsn y a'ess gss.s Bsr.ts
s. pisIss r..asas sSiisS ana ...Ssssl
Buffalo. sought to restrain the governing
nst Sa sss II 70
SsSss sa9s q %.: scSn Tss pTt sso Af de-
sss sn' Tss Sssss: X: f.
Paf,t.eS!aEly to call .ttsnti99 e re opinion.
s rss sassns st 2: :oS s
@ Nv s ": :eSsS! ). ssa
against municipal sathori,es to iS pre1sns @ fraud
s sqss sWs and :ss ar 'sss sss
protection Of taxpayers against the fraud. em-
bsMSz!smsn{s - . and ,ysonStpl acts g, nuelIe
~ 81 Nsy YorE me M terms wssts 20 and d 10. IN
sss. ns Seonaa II h' sSs os se se
s%;sls sss,Ss Of SSssa$& & &sesso 81 a. A.
Of their 1rsdeton or but
ssrols snss y q Ss j.
given to the statute. said tho decision Of the
g.; "a41 Ssd
1oud snsse sSs oss5 soson 81 az
local officers and municipal bodies to review
local p1; edminissratop % ttosa''nk 'n' 'm'''n'' OF
been no claim Of fraud or coiiusion made
a sEstnst Mayor Chsrin, and ths other city on
not By any false representa,fons indaced the the
to ans asked s
SSS Oo9t and Ills wa. ilnsIIy reduced 70 81 259.-
There ssn Tss Ss, n9s sH. gsSs o b.
as oas ess Is S ae Mr
sssid The Investment would pay big profit to
sa nsslt. @ shs e. sa' 1i ss ssd
its administration than The city could inter.
E1sessi7sness 81 price was no e1idsno. q
Mr. teynof 10 his argument AG6lnet the Ap.
peal. declared that the clause Of the East New
York Annexation act providing for the pur-
people Of Brooklyn that their candidates for
would not purchase the plant. Two years il
which the time limit OF purchase 81 con-
any effort being made to buy the plant he
said II the power to purchase by eminent do
act providing for its sale WAS past
time TO- buy. The ect Itself was unconstitu-
tional for the Legislature bad no right to say
that the city Of Brooklyn must pay at least
S5OOOOO for . plant that Mr.. Gaynor said he
knew upon his honor did not cost more than
$4,000 ~. GsynoE paid . great deal Of a.
nexation law referring to the purchase Of the
water company's plant was unconstitutional
because it took from the city it's rights and
gave them to private corporation.
At the close OF Mr.. Gaynors argument Cor
poration Counsel Jenke. said that the as
eertiop that certain candidates for municipal
ofAce had to pledge themselves that they
you'd not purchase the plant. was without
Justice Barnard intimatsd that the matter
had nothing whatever to do with the points ct
issue.
The opinion will probably bs handed down
within day or two.