The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1894-03-17
GAS-FIXIATED.
Senator Brinkerhoff Ma1igns
the Man Whose Shoes He
Desires to Fill.
CONTRACTS WITH "BOB" ELLIOTT
Exposure Of an Unwarranted State
ment Relative to the Finan-
cler's Certiorari.

At last nights meeting of the Board Of
Finance, Commissioner Alva Bedel asked
ex-senator Brinkerhoff, who assumes to be
Corporation Counsel, in W hat state were
the suits relative to the validity of the five
years gas contracts, as awarded by the
Street and Water Board, and contested by
the Finance Board in Mayor Clevelanda
time. In reply Mr.. BrinkerhoR made
statement, which seriously effected upon
Mr.. William D. Edwards, the Corporation
Counsel He declared that after the Su-
preme Court had pronounced the contracts
Illegal Mr.. Edwards caused to be passed by
the Board of Finance resolution carrying
the matter to the Court of Errors. Inas-
much as Mr.. Edwards did not figure In the
case as counsel for the prosecution, the
Board of Finance, and further that he MIR.
Edwards) insisted and caused to be engaged
special counsel to fight the case, the stats-
ment appeared questionable A NEWS re-
porter asked Mr. Brinkerhof if he was posi-
tive of what he said
81 tell you" he replied, s'that after the
cases were won by the city Mr.. Edwards
caused the Board of Finance to carry the
cases to the Court OF Errors and Appeals
and instead of defending the suit, special
counsel was engaged while he worked against
the interests of the city. I can show where
he did all say. in the minutes of the Board
of Finance"
BRINKERHoFF's PROOF.
He secured a copy of the minutes Of .
| meeting held in May, 1893 and pointed out
to the drug" trio as corroboration of his
| remarks a letter sent to the board by Mr..
Edwards and referred to by Mr.. Brinker-
hof. The letter is as follows:-
Hon. Board of Finance. JeTseu Citv:-
SIRs.-I herewith send you copies OF the rules
for judgment in the certiorari suits brought by
the Board Of Finance against the Board OF
Street and Water Comm ssioners and the
Mayor and Aldermen Of Jersey CITY, through
Collins q Corb1n, the special counsel engaged py
you to review the action of the Board of Stresr
and Water Commissioners in awarding the con-
tract for lighting the city for a period Of five
years. There are five cases in all-three on the
gas contracts for the various sections OF the
tae electric contract. Toe main question
sought to be reviewed was the right OK concur
renee in the contracts by this board, and also
whether the board could be compelled to
appropriate each year the money necessary
to fulfil the contracts. In all of the
cases these questions nave been decided adj
versely to the position taken by you. Another
question was whether the provisions in the gas
contract relative to the extensions of maiis.
whereby the company acquired the tight to
years. not from the date OF the contract, but
from the beginning of the period Of lighting the
same the court has decided that question In
| your favor There are also questions invovinKN
| the sufficiency OF the advertisement. etc..
which we're not passed upon by the court spsc-
| tally.
The net result is that the contracts for oil aud
electric lighting are upneld altogstner, willis
the provisions for extensions in ths gas con
/ tracts are stricken out. No new advertise n5n5
/ or award will be required; contracts Will
| be prepared by the law officers of the city for
/ the gas companies based upon the oid awards
aud the same will be presdect Of the Street aud
Water Board and his Honor the Mayor for
execution
The opinion and copies of the rule should be
| fled. Yours respectfully,
WILLIAM D. EDWARDS,
Corporation Counsel.
| MAY 6, 1893
THE COURTS DECISION.
| The decision of the court was that the
Board of Finance would be compelled under
| existing laws, to pay for every gas lamp
| ordered by the Street and Water Board, no
| matter to what extent that board ordered
lamps Their power in that direction was
| unlimited. The only point that the court de-
| cided in favor of the contestants was one lit
| tie provision of the five year contracts,
which made five year contract binding
| upon the city from the time every lamp was
ordered As an explanation=H no gas
| lamps were ordered for four years, eleven
months and twenty eight days, if the Street
| and Water Board ordered thousand lamps
| on the twenty-ninth day, the city would be
| bound to pay for these lamps for five years
| from the date they were ordered and lighted,
| so that the contract could readily be made to
extend to the end of time. The court ruled
| against this provision alone.
| Mr. Edwards, who was desirous of upset.
| ting the whole contract if possible, then drew
and caused to be adopted the following reso-
| lution:-
| Resolved, That the special counsel engaged By
| this board TO contest the validity of the thre0
contracts for street lighting heretofore awarded
4 by the Street and Water Commissioners on be-
/ half OF the city to the United Gas Improvement
Company Cd for the Jersey City Gas Light
Company co for the Peoples Gas Light Com.
pany and (S) for the Consumers Gas Light
| Company be directed to carry the same by writ
/ of error to the Court of Errors and Appeals as
| Ia the Judgment of this board said contracts
| were not for the best interests of the city.
| Ex-MAYoR COLLINS CONNECTION,
Acting under that resolution ex-Mayor
| Collins has carried the case to the Court OF
Errors, and it is now pending before that
body, These facts are part of the minutes
Of the board and cannot be construed into
| showing anything but prompt action on the
| part of Mr. Edwards in the protection of the
| city's interests.
The contracts were never declared to be
| illegal If they had been, it is not likely q
reputable lawyer like Mr.. Collins would
| take any part in a scheme to upset decision
| given in his favor.
WHOLE VILLAGE IN DANGER.
PoTTSyIILE Pa March IL 1894 The