New-York tribune., 1893-12-02
JUSTICE PRATT REBUKED.
A VICTORY FOR BROOKLYN.
THE REPORT OF THE WATER SUPPLY CON
PANY COMMISSION SUSTAINED.
JUSTICE BARNARD. IN GENERAL TERM. ovD,
RULES THE DECISION SETTING ASIDE TIN
AwARD-ovER 100000 SECURED 70 I
THE CITY-THE SUPPLY COMPANY II
NOT EXPECTED TO APPEAL.

AwAKD-ovER 100000 SECURED TO
THE CITY-THE SUPPLY COMPANY II
NOT EXPECTED TO APPEAL.
An important decision, handed down ysstsfs
day by the Supreme Court General Term, Sbr
the Second Judicial District Chef-Justice Bar
nard writing the opinion, marks a substantial
victory for Brooklyn taxpayers In their long
fight against the Ring which had gained con-
troll Of the Long Island Water Supply Company
and tried to effect secret sale OF Its plant
and franchises to the city at an overvaluattoa
of about 81, 900 900 before the public should hn1
them out.
As consequence of the proceedings begun
on December 22 $780, by William ]. Gaynor; -
attorney for William Ziegler, against Mayor
Chaplin, restraining him from consummating
the sale, commissioners were appointed by the
Supreme Court to appraise the property. Ed
ward NJ Shepard, Hiram w. Hunt and E. W.
Bliss. as a majority of the commission. made
an award of s575,OOO. Their report to this e.
feet was set aside by Justice Pratt as inaae-
ouate. and based on an erroneous conception Of
the law in the premises.
Appeal was had to the General Term, Jus
tices Cullen and Dykman sitting with Chief-Ju1r
tice Barnard. The decision just handed down
reverses Justice Pratts order. refusing con-
frmation of the commissioners' report, with
costs and disbursements. and grants motion
to confirm. without costs Of that motion.
The plant of the Long Island Water Supply
Company is situated in the former town OF
New-Lots, commonly known as East New-York,
which became the Twenty-sixth Ward OF the
City of Brooklyn in 1886. The water company
was organized in 1881, and passage in the an
nexation act. which passage, 1t has been
claimed, was forgery, inserted In the bill De-
tween it's final passage and the writing OF the
Governors signature provided TOT the acquisi,
ton of the companys property by the city, ano
prohibited the extension within the territory o6
the annexed town, Of the citys water system
until the expiration Of the companys charter or
else until the purchase by the city OF the prop
erty rights of the water company.
In the summer of 1856 the owners OF the prop
erty tried to sell out to the city for $500,00O.
The drawing of public attention TO the prolecS
bv the press the publication OF the peculiar
methods by which the franchise OF the COM
pany had been gained, and the general beiief
that the amount asked was excessive oeiessso
the scheme for the time.
THE POLITICIANS AGAINST THE PEOPLE
A determined effort by certain politicians.
whose names have been kept secret with re-
markable care, resulted in their acquisition OF
the property and franchise some months later
for sl75.OOO. 1t was the exposure in cold type
n
Theodore F. Jackson as Controller. and Thomas
+. Rutan, as Auditor OF the City or Brooklyn, 10
carry out secret agreement to pay on Decem'
ber 10. $780, the sum OF $l,250Oo0 with allow
ances for interest on outstanding bonds. which
would have brought the total to something ike
81 900, 900, which brought the storm or popular
indignation upon the public officials mentioned
which Is still fresh in the public mind, and made
their holding Of elective offices In the future
an impossibility.
Mayor Chapin had OpDOrtunity, WHICH
he neglected, to acquire the plant and rignu
Of the water company by eminent DOMAIN. nis
failure to do so gave the companys charter .
lease of life after August H. 1885, for hfty years
from the same day OF 1881.
In 1892 new legislation on the subject allowed
the city to acquire title by codemnation. Under
this act the commission TO appraise the value
of the property for this purpose was appointed.
Their report. which was set aside by Jusucs
Pratt, is confirmed by yesterdays decision.
THE COMMISSIONERS SUSTAINED
In an exhaustive opinion reviewing the law
and the facts in the case, the Chief Justice
overrules Justice Pratt, and holds that the cQu.
missioners were right in not basing their ap-
proval upon the exclusive right Of the water
works company to furnish water TO the territory
within the old town of New-Lots. The act OF
1873 under which the company was organized,
he points out. grants TO such exclusive right.
Justice Barnard declares that the permission
of the town and its contract with the company
gave no such exclusive right to the company
which, moreover. gained no aCulllOndi power ny
the restriction in the Annexation act. This re-
strictlon it is held. was only intended to protect
the company from injurious competition until
the city should make a just compensation for
it's property In the memorable fight between
Mr. Ziegler and the city officials, which was
carried up to the Court of Appeals, it was ruled.
as Chief Justice Barnard points out, that the
intention of the Legislature was only to prevent
city competition with the company until the
city should acquire such title to the property
as the company possessed before the annexation
act was passed.
From the report of the commission, which Is
thus confirmed. two members, Edward Rowe
and Charles T.. Emery. had dssented from the
majority, but they failed to name any otner
figures than those agreed upon by Messrs Shep-
ard Hunt and Bliss.
HOW THE COMMISSION WAS FORMED
The history of the formation Of that COM
mission is an interesting one. Mayor Boody
submitted to Judge Pratt list Of what he
called Representative men" as candidates Tor
It. Justice Pratt rejected all Of them. A
majority of the men he did select were finally
retired for one reason or anotner, Two Oh theni
proving legally ineligible and f. B. Bartlett re-
fusing to serve. 1t is said that Albert J. Nc
Donald and ex-Judge George G. Reynolds. coun-
sci for the city in the suit, refused to act longer
in that capacty unless another Judge COM
pleted the commission. Edward NJ: Shepard
was finally appointed a commissioner by Justice
Cullen.
repealed but in force when the commission re-
ported If Justice Pratt should set aside their re-
port the city would have no appeal, while the
company had the option to appeal from his de-
cislon if he should confirm it. Justice Pratt
set it aside, and appointed a new commis-
sion whose existence ceases by virtue OF the
ruling Of the General Term. The company has
the right to appeal from the decision OF the
General Term, but 1t is not thought that ~ YIN
do So
ILLEGAL. WASTEFUL AND FRAUDULENT.
THE GENERAL TERM SUsrAINS JUSTICE CULLEN
AND DENOUNCES THE GIVING AWAY Oh
THE UNION-sr. RAILWAY FRANCHISE.
Justice Dykman, In General Term, handed down
a decision yesterday morning which gives another
blow at the corruptionists In the Common Council
OF Brooklyn by declaring the Union-st. railroad
franchise to be Illegal The Union Street Railway
Company offered to pay $4,000 for the authority