New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-05-21
TIE BROOKLYN U1TER CASE.

TIE BROOKLYN WATER CASE
Governor Flower has done valuable service
TO the people of Brooklyn b. signing the Dill
providing for an appeal on the part OF the CITY
from the recent decision of Judge Pratt in the
Long Island Water Supply case. This IS the
company the negotiations with which caused
such serious scandal during the administIa-
ton of Mayor Chaplin. Mr.. Chaplin, acting with
the Gin Controller and Auditor made secret
bargain to buy out the company, which pos
sessed small plant and franchise for supply
ing water to East Newly Ori, for Sl,21O,OOO
The franchise was secured before East New
York was made the Invent, sixth Ward OF
Brooklyn. 1t was felt properly enough, that
the people Of that ward, instead Of receiving
water from a private company. ought to be
placed on the same footing as the rest OF the
city. The trouble with Mr.. Chapins plan was
twofold: he attempted TO transact an impor-
tant piece Of public business " under a blanket"
and he agreed to pay sum which The peop!e
with one voice denounced as extravagant, 50
soon as the matter was brought to public at
tcntion. The discovery was made by accident,
and suit was brought in the name OF MI.
William Ziegler. prominent and pubbc-sp'i'ed
citizen. to restrain the city officials from carry
ING out their bargain. The matter was carried
in the courts a. far as the General Term, which
decided that the city had no right TO make the
purchase. the time for doing this having eN-
pired by law Hence, while the Chaplin bargain
was thus declared null and void, the merits OF
the Transaction and the question whether The
stipulated pnce was or was not exorbtant were
never passed on. But Mayor Chapln closed his
administration under cloud that had no sem
blance of n silver lining.
When Mayor Body took Office, year ago
last January. he appreciated the importance OF
giving the people Of the Twenty -sixth Ward
the same water privileges az the residents OF
the other wards OF the city. He accordingly had
a bill prepared for the condemnation of the
company's property by commission to be
named by the Supreme Court. The commission
Of five members was selected last summer, and
large amount of testimony was taken by it,
When this was finished, the commission finally
presented two reports Tho majority three
mcmbers) decided on an award OF $4,000 for
the company's property and franchises, thus
making a clear saving to the city OF $3.50 OO
minus the expenses of the commission-about
SO, 900. we believe. The other two commits
sioncrs, while naming no definite figures, agreed
in placing higher value than the majority on
the company's franchise. The motion for the
confirmation Of the majority report was mad,
before Judge Pratt, who decided that the value
of the franchise, the term of which extends to
1881 had been underestimatcd set aside the
| award and ordered the appointment of new
commission. This decision was received with
profound dissatisfaction in Brooklyn, and that
| feeling changed to CONSERVATION when it be-
came known that the law providing for the
| commission had been so subtly wordcd that the
city was left badly in the lurch. That is to
say, in case of decision against the company
| it could have appealed both to the General
| Term and to the Court of Appeals, whereas no
right of appeal whatever was given To the city
| in case of decision adverse to it, This was
| palpably unjust. At the suggestion of Mayor
| Body bill was drafted authorizing the city
to carry the matter up on appeal. 1t was
promptly passed and last week became a law
| by the Governors approval.
This law makes certain ruling by tho higher
| cours Judge Pratts dccision-a prospcc;
which our Brooklyn neighbors regard with sat
| isfaction. There have been some queer things
in the case which many persons would like to
see cleared up. The commissioners were named
by Judge Pratt, who likewise filled two or three
vacancies which occurred in the membership.
| Prior to the first appointments list of prom
inent citizens was submitted TO the Judge in
behalf of the city, but, singularly enough, in
making up the commission he ignored the list
almost entirely. After the last vacancy that
occurred was filled the counsel for the city.
| Messrs. Reynolds and Mcdonald asserted that
if any more appointments were made by Judge
Pratt they would feel obliged to withdraw from
| the case, but their reasons for such statement
have never been made public. There has been
a strong suspicion, too, that after the award
was given there was shicwd contrving in the
interest of the company to make that the
motion for its confirmation should be heard
by this same Judge; and when his decision in
favor OF the company was rendered, with no
possibility OF appeal from it, the result was far
from agreeable. OF all the people in Brooklyn
who rejoice over the assurance given in the
| bill which has just become law, Judge Pratt
! himself. having q sensitive regard for his