New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-09-30
WATER SUPPLY LITIGATION.
THE CASE TO BE ARGUED IN THE
COURT OF APPEALS NEXT WEEK.

THE CASE TO BE ARGUED IN THE
COURT OF APPEALS NEXT WEEK.
WILLIAM ! GAYNOR FIRST BROUGHT INTO
PROMINENCE by THE EFFORT TO PREVENT
THE CARRYING OUT or TIE SECRET
BARGAIN MADE BY MAYOR CHAPLIN
HISTORY OF A CELEBRATED CASE.
The prominence Of Judge Gaynor as candidate
for the Democratic nomination for Governor and
his actual nomination for Judge Of the Court OF APP
pcals naturally tend direct attention 10 the cir
cumsances which first brought him into prominent
place before the people Of Brooklyn and the country
1t Will be four years IN December since Mr.. dayncr
sprang into public notice by the action which ne
brought in the name of William Ziegler to prevent
the carving out Of the oura geous bargain made by
the Brooklyn city authorities for the purchase OF the
property and franchise Of the Long Island water
Supply Company. During all that time this water
question has been kept In evidence. but the hnal
chapters are doubtless soon to be written.
The case is now pending before the Court Of Ap-
peals and II has been arranged that the arguments
on 1t shall be heard on Tuesday of next week Inc
side Of the city Will be presented by eX-Judge George
G. Reynolds and Albert O. Mcdonald. who were en-
poyed as special counsel before the commission ap-
pointed In 1892 Mr. Mcdonald Is now the Corpora
lion Counsel of brooklyn The interests of the COM
p1nv will be looked for by ex-Corporation Coun-
sci William c. DE WITT and General Ben)amh +.
Tracy General Tracy has not appeared IN the mat
ter at all before: It Is evident from the fact that
the company has engaged so distinguished lawyer
that II intends 10 make last desperate EFFORT 10
obtain an exorbitant price from the city Tor wha'
/; has to dispose of. As the arguments are to De
made on October 8, Il IS reasonable TO expect ta'
decision will be given by the end Of the year. IL IL
Is in favor OF the city. the matter VIII be ehuea ioi
good and all II the company should win' uie ""oie
matter would doubtless have to be gone over again
,herc mi
in fact provided by Judge Pratt, In his decision set
ting aside the award of the first commission
r}v the secret bargain made in December. 1SN.
Mayor Chaplin. Controller Jackson and CITY Audlior
Rutan agreed pay sl,25ocoO for the water supply
Company's possessions That bargain would I'M
doubedly have been carried out but for the prompt
action of Mr. Cfaynor in securing an injunction III
behalf OF Mr.. Zegler The matter was arsuea De-
fore Judge Bartlett who continued the inJuncuoh.
Against this the city Appealed ana the "o"e'a'
Term decided that the bargain was nun ana Fou'
since the time when the city could legally acquire
he comnanv.s property had expired. The merits OF
the case were not touched in this decision. and the
allegation that Chaplin. Jackson and Rutan had oeeh
guilty. of waste was left hanging In the air
When Mr. Body became Mayor. at the beginning
Of the following year 1892 he secured the passage OF
an act permitting the purchase TO be made-in order
tina, the citizens Of the Twenty-si Ward VINO re-
ceive1 their water from the Long Island Company
mich, no placel on the same footing In respect Oh
water supply the rest OF the city-ahd au'ho''"'s
the appointment OF a commission 10 appra'Sc ''''
property a commission was named by Judge T'a't
on June Z 1892 Judge Pratt's action was the SUD
,ect OF some criticism. for although he had asked
counsel for the city TO suggest names OF su'ap'"
mon he ignored the list OF names handed to him. |
with one solitary exception. The commission az |
originally constituted consisted or Edward Ho"c'
Eiphaet ~ Bliss. Hiram ". Hunt, EDWARD - |
Bartlett, and George G. Hermon. Mr.. Bartlett de-
gfpr
finally filled by Charles T. Emery. Mr.. Herinon re-
scned after several months, and at last the com
mission was completed by the naming OF Eiwafa NJ
Shepard All the appointments except the last were
made by Judge Pratt; Mr.. Shepard was appo'h'ed
by Judge Cullen.
The full history OF the various appointments anu
designations has never been told II Is known nov"
ever that when the last vacancy VAS to be h!ied
the counsel for the company were exceedingly
anxious to go before Judge Pratt But the spec.Ai
counsel for the city. Messrs. Reynolds ana NC
Donald preferred to leave the matter in me nanIS
of the Judge (Culen) then holding Specai AtIIn,
and the consequence was the appO!hth'n' ol " NC, % |
in whom everybody had the fullest conhdsnc.' 40
ever made by the counsel for me cy Dut ms dC,'
mainly enough his bias In the matter and strength
ened The suspicion that If he had made the ma, ap
with a man very different from Mr.. shepard
Three members cf the commission nnite1 IN re
port In favor Of paying the company S'Vu' LIST
Rowe and Emery dissented and made an elab9I.,te
q
franchise should be taken INTO account th'y Nii
moi ma me any amount but of course thought Il nuc'
larger sum was due the company. Inc MOTION -
confirm the award made before Judge ffdu,
and he saw TT 10 deny X ana even went 80 gar
as 10 appoint a new commission. In )ecctlber' Ast
wear the General Term decided the appeal taken IN
behalf of the city, and confirmed the act0h Oh lhe
The cOmpanys counsel carried thc ctnc
to the Court Of Appeals. and. as already 50, loren
the arguments thereon are to be heaId next WrtN; !
The award of the commission. sJ'p,Hp repr's.iIteu
net gain 10 the city Of S6s)1D when deducted IRON
the amount agreed 10 be paid by the secret !hantH
bargain From this, however. must be dcdhctrI me
expenses Of the commission. including commission
ers' fees counsel fees. printing. etc Last 'ec.ih'I
the total FOR these purposes was eStHla''l l" ~,
about $4,000; of those Interested "a th"t
the expersses will probably reach $OvD or sirN -,
The Indirect effects of this celebrated nuRa'on
have been many 1t brought Alfred G. Chaplh 10
his undoing and spoiled his neat niue plan OF nom
inaton Governor In 1891 reelection IN Iof anu
a nomination for the Presidency In lsy' II WAS the
making of William J. Gaynor. Previously NJ nsl
been a lawyer with limited reputation IN thls
matter he perforce appeared as the Trend ana 1uVo
cate OF the people against their elected represent
lives and II was only natural that ne shCuh lo,IoW
thts assault upon the Ring with deteflnihc,i
crusade against McKdneism In leS win thc reSi't
of sending McKane 10 State Prison ana making
a ward Of Brooklyn Ills nomination as
Navor against Body strongly advocated iast
wear and while I'D not secure TINS coveted hohor
he was nominated for the Supreme Court ana c!eclei
by the largest majority ever cast for candidate IN
the district