New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-03-02
STOPPING THE WATER STEAL
THE GENERAL TERM SAYS NO PURCHASE
CAN BE MADE.
POWER TO BUY ENDED WITH THE Two,yEARs
LIMIT-FRIENDs OF THE SCHEME



GIVE UP HOPE.
The attempt Of Mayor Alfred c. Chaplin. o.
Brooklyn, and his felow-oficias to spend 81, ,25o,.
0Go' for the plant Of the Long Island Water Sup
ply Company without authority of law has been
finally stopped, unless the Court of Appeals should
step in with decision overruling that Of the
General Term of the Supreme Court for the
Second Department. handed down at Poughkeepsie
on Saturday. On December 90 the Mayor Con-
troller and Auditor signed a contract 10 purchase
the plant for S1,250.000 William Ziegler.
through his attorney, William ]. Gaynor at once
brought suit 70 restrain the carrying ont Of the
contract, alleging that the property was not worth
more than $250,O00 and obtained temporary
Injunction from Justice Cullen with an order TO
show cause why it should not stand pending trial.
Justice BARTLETT heard the arguments on the order
to show cause on January 6. and the next day
decided that the injunction must stand pending
trial Of the issues. Corporation Counsel jerks
appealed to the General Term from this decision.
Meanwhile he had the case placed on the calendar
OF the February Special Term although the service
of an amended complaint had compelled the joining
Of new issues, and the case had no proper place
there.
On February 4, notwithstanding the fact that
motion had been made two days before 10 strike
assuming that the case was not before the court,
was not present. Justice Dykman offered TO vacate
the injunction at once. but afterward altered his
decision TO a notice that he would vacate il un.
less the plaintiff within six days stipulated n try
on February 16. Mr.. Gaynor at once character.
lied this action as an outrage and refused to pay
any attention to il. The Corporation Counsel
concluded that it was illegal, and asked for the
order vacatng.
On February the appeal taken from Justice
Bartlett argued before Justice Barnard and
Justices DylSman and Pratt in the General Term.
Decision was reserved. Mr. Gaynor amended his
complaint, and on February IA Justice Cullen,
after hearing an argument on the question of
submitting the issues to jury, decided that they
must be heard before o Judge in Special Term.
The case is on the calendar for to-day. and the
issues of fact would probably have been tried
this week had not the decision which was re-
served by the General Term been handed down
Saturday
This changes the entire complexion Of the case.
Justice Barnard writes the opinion and the whole
bench concurs. They hold that the power of the
city to purchase expired with the two-years' limit
during which the city had the right TO acquire
the property by eminent domain. The limitation
of the one power implied the limitation of the
other
So, whatever the value of the property, or how
ever honest the negotiations, the purchase cannot
be made When the case comes up in the Special
Term this week all Mr.. Gaynor will have to do
is to move for judgment the pleadings in ac-
cordance with the General TERMS decision. Then
the Mayor may appeal to the General Term and
get decision Of the same kind, which can finally
be taken TO the Court Of Appeals. The present
decision cannot be appealed, for it is not decision
on the pleadings, but only sustains an order for
temporary Injunction. Yet the law laid down
covers the whole case and has only to be applied
in formal manner. The steal is stopped. The
men who left the city to avoid going ON tie
stand may return in safety.
Mayor Chaplin sent word to a Tribune reportei
who called on him yesterday / cannot see re
porters on Sunday He has not always refused
to see reporters on Sunday.
A friend of his who has been connected with
the case was asked yesterday how the decision o
the General Term harmonized with the Mayors
statement in his affidavit presented to Justice
BARTLETT which said Deponent is lawyer, and
is not unfamiliar with the rules governing the in
terpretation and construction of statutes or with
the constitution Of the State. Deponent also
examined the portion of said law 1.-THE Annexation
Act) providing for the purchase or condemnation
cluded that the two-year limitation applied 10 the
power to condemn, but not to the power 70 pur-
chase That upon both these and upon all otner
questions of law involved, deponent consulted tne
Corporation Counsel and that the adVlce OIL saia
CORPORATION Counsel conceded WIN depohehFs
conclusions as already stated.
oh" answered the man, Chapin wrote All
that affidavit himself. Even il the deponent Is
lawyer, the General Term doesn't stcn 10 S, asnue
with him, or his adviser, the Oofpora'ioh 'ouh'
sell" ,; A. oxoo.
Justice Cullen was asked to explain the eNac'
hearing of the decision on the future proceeulnes
but said he did not think it would I've proper 70
do so. as he would probably have to decide tnat
in court He added, however: nave no hesIa-
tion i'm saving that the Special Term IN TINS, as ~
all cases is bound by the decisions OF the 0enerai
The defenders of the purchase have given up
o1l hone of carrying through the scheme
Thomas f. Pearsall, the attorney for the Long
Island Water Supply Company said ihnt a. mss enss
the case. Ii the purchase IS ever maue' ~ hi"''
be after further legislation .s
CORPORATION Counsel jerks could not be found
at the BROOKLYN Club, where he now dimes
Cyrus L. Staples was pleasant IN spMe ,, o, his n
it, In answer to inquiries he said oh, no; l
shan't lose anything by IT, W we and d'S devsIan r.
no. don't think there is any hope OF me 'euno
Of Appeals overruling the decision OF threc ue',"
eral Term Judges who all agree guess ies oVe''
But I am all right ~ Ill. 70 IL,
rornorl made on December %, In the liamliton
CInh TO an assemblage Of members Is true:
have Just made S6OO,00o. ~ h,,a,;ov, ,,o.
+orIav hat naturally he is well pleased WIN .he
decision and with the success whcn IA, "''e""e'
Lie brave fight against the combined rlng
LIE The case will be called in the Special Term to-
do, but II is doubtful if judgment viii be given
for o few days