New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-11-28
TO APPEAL TO THE L. S. COURTS.
LONG ISLAND WATER SUPPLY COMPANY OBJ
JECTs TO THE AWARD OF $4,000
ITS PROPERTY

FOR ITS PROPERTY.
1t is expected that the Long Island Water Supply
Company will appeal to the United States courts
from the decision OF the Court ot Appeals approving
the award made for the property of the company
by the commission. Cyrus T.. Staples whose SON
in-law is the president OF the company said he knew
an appeal would be taken. w. c. De witt. one OF
the lawyers for the company. said yesterday:
General Tracy and myself are confident that we
are right on the questions OF law involved in the
case and an appeal will be taken 10 the Supreme
Court OF the United States because the questions
to which aude arise under the Constitution OF the
United States. and are. therefore. properly to be
heard and decided in the last instance by that
court"
Albert G. Mcdonald. Corporation Counsel
who was one OF the lawyers for the city in the
proceedings said that the report was made by
majority OF the members OF the commission. nancy
f. NJ Shepard. +. ". Bliss and Hiram Hunt The
General Term OF the Supreme Court affirmed the
report and now the Court of Appeals had done the
same The report valued the property OF the COM
pary tangible and Intangible. at $4,000. and $780,
600 Of this is TO be paid to the Mercantile Trust
Company the holder OF bonds for THIS sum Sc
cured by mortgage on the property Judge PRATT
set aside the report on the ground OF the nadeuacy
OF the sum awarded. but his opinion has been re-
yersed by both OF the higher tribunals Mr. NC
Donald said the city could at once proceed TO con-
denim property and take possession or IL by pay
ing the money into court II the company refused II
The money Is to be raised by the issue OF water
bonds.
The property includes several acres OF land IN the
Twenty-sxth Ward. with reservoir, a pumping
station and a number OF miles Of pipes and mains.
together with the franchise of the company, which
has about thirty years TO run. In 1879 Mayor ,hapih
made a contract TO purchase the property Tor w.
90 An Injunction secured by W. J. GaynT IN be-
half OF William Ziegler prevented me me, c cor IN
nation Of the bargain and the courts held IN. par
gain void An act then secured for the appoint
ment OF a commission. before when the company
claimed a value OF s2l41.eo. There was some scan
dal in regard the appointment or the commission
and a minority OF the members sustained the claim
~ the company for the enormous value 81 the
Charter The claim made in the last appeal that
the act under which the commission was appoihtei
was Unconstitutional. Mr.. Mcdonald ADDED,
..Sonething has been said about the company tax
ing the case before the United states supreme
Court but / don't anticipate any such acton, IN
nv opinion. there Is no Federal question lhNo!H,I
and there ls therefore, ground Tor an appeal
10 the United States courts. Inc case j. one oN'i
which the State courts have entire jurndlcuon
in speaking Of the decision OF the Court OF Ap,
meals in the McKane case and the Long lsahd
water supply case. Judge Gaynor SAID yesterday
81 trust my life not falling into "A rut but i'eI
reluctant TO recall the wear ana tear anu d""'''y
suffered In those two movements