The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1892-09-24
GAS VS.. ELECTRICITY
Rival BaYonne Companies
Fighting for the Street
Lighting Contract.
FIVE YEARS DEALS NOT LEGAL.
Judge Werts Grants a Certiorari in
the Bayonne Electric Light
and Power Company Case.

There was a lengthy argument this
morning before Judge Werts upon the
application of Solon Humphries, Alfred
w. Booth and the Bayonne and Green
Vile Gas Light Company for an injunc-
tion to remove into the Supreme Court
the ordinan ce by which the Common
Council of Bayonne made five years
contract with the Bayonne Electric Light
and Power Company for lighting certain
streets of Bayonne with electricity and
gave the company power to erect poles in
the city. Ex-Governor Bedle who made
the application submitted affidavits of
the prosecutors In which they declared
that they were taxpayers and officers of
the Bayonne and Greenville Company.
Then this is a fight between the COM
panies, is it?" aeked Judge Werts.
Practically so,' said Ex-Governor
Bedle, while Mr. Edwards, who appeared
for the City of Bayonne, smiled, while
the city suffers"
Governor Bedle then presented his rea-
sons for the application. He said that
the Common Council had a right to grant
permission to the electric company to
erect poles for the stringing of wires, as
that power alone lay in the State Board
OF Electric Control, and such granting of
permission TO the company was In viola
tion of the law.
THE CoUNCILMEN INDICTABLE,
In making contract with the company
for i've years the Common Council yio-
lated the supplement to the Crimes act
which makes 1t misdemeanor for a
municipal body to make contract for
the expenditure OF sum Of money in ex-
cess OF the appropriation of tsat year, and
every councilman who voted for the con-
tract was liable to Indictment
Moreover. the Governor contended, the
act permitting five years contracr was
applicable only to Jersey City and
Newark, and not to cities of the class
of Bayonne. Governor Bedle presented
several other points, but they were prac-
ticaily covered by those just mentioned.
Mr.. Thompson replied TO the Governor.
He argued that the act CT eating the
Board OF Electrical Control did not make
the ordinance of the Common Council
void, but he admitted it did render 1t in
operative until the State Board had
granted the Bayonne Electric Light
and Power Company permission to
string it's wires. He then waded into the
Bayonne and GreeDville Gas Light Com
pany and accused 1t of being monopoly.
and seeking by means of the Court TO
perpetuate the monpoly which 1t has en-
Joyed for years as the atfidavits of its
officers admitted.
The Councilmen, he said, were COM
PEELED By the charter to furnish the city
with the best light obtainabIe and there
was no doubt that electricity was the
best light for such q growing and
aourishlng city as Bayonne. Why she
was SO far behind her neighbors in the
matter of light perhaps Ex-Governor
Bedle'S company could tell.
AS to the Crimes act. Mr.. Thompson
denied that the Councilmen had exceeded
the appropriation IL any one year by max
ing Il Ave years contract. The contract
called for eighty lights at S71z cents
light each night. whicn would
amount to about $1,000 year.
The Councilmen made no agreement
to pay $4,000 down nor any parG of the
cost Of the light until 1t had been used.
JUDGE WERTSS SUGGESTION.
Judge Werts suggested that they bound
their successor, and that had much the
nature of a contract.
Mr.. Thompson replied that there was
no law against the granting of five year
contracts. On the contrary, water COM
panies were allowed to make such con-
tracts by express statute.
Mr.. Edwards, who said that he ap-
peared for Mr.. Northrop, the counsel Of
Bayonne, who was unavoidably detained
elsewhere. showed what great advantage
the ordinance was to the city. One ofthe
conditions or its passage was that the
company should supply the city
with an electric fire alarm signal, aud
police patrol system. He also said that
Che making Of the contract with the new
company brought competition to the city,
which was the life of municipal govern
ment and which would be of great benefit
to the city when it came to make an
other contract. Judge Werts said that
while he was Mayor of Morristown he
frequently examined the matter OF mu-
nicipal government making five years
contract. and had come to the conclu-
sion that it could not be legally
done. He thought without expressing
an opinion upon the subject that the
cartiorari should be allowed upon con-
dition that it be argued at the next term.
Ex-Governor Bedle took an order to that
effect