The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1895-12-07
ELOQUENCE NlPPED
Judge Depue Strictly Limits
The Argument on the
Water Contract
Certiorari.
JUDGE BLAIR's STRONG SPEECH
The Court Announces that 1t Will
Dispose of the Case in
February.
Specfa, to the Jersey city NeaA

of the writ of certiorari to review the
proceedings of the city authorities award
ing the contract for a permanent water
supply to the Jersey City Water Com
pany which was heard by Justices De-
pue. Gummere and Van Syckel. consti-
uuting a branch of the Supreme Court.
and sitting in the Essex County Court
House, was not at all satisfactory to the
lawyers engaged therein.
The action of the Court in allowing only
five hours to be divided among the large
array of counsel ON both sides of the case
was disappointing. All had prepared elab-
crate briefs, and were ready to argue the
questions of law and fact involved to the
utmost. So when each was compelled to
say all he had to say in about thirty
minutes only the mere outline of their
arguments could be given. Their printed
briefs, however, were handed up to the
Court and will be used by the Judges.
Nevertheless there are many points in the
books which the counsel would have liked
to have elaborated and enlarged upon.
ci5 5apg sut biaaT, on s 0snale Of Mr. the moni-
mott de reviewed infinitely the action
of the municipal boards of Jersey City
Street and Waiter Commissioners, he
said, and then told how the action which
resulted in the contract under considera,
tlon began with the Board of Street and
Water Commissioners. which consisted
a Il r disssns and Ne aooRer. T The frs Ae'i SEP
was taken by a report of the CommIt-
tee Of me Whole, made September j.
a new water supply. These were adopted
the same day, but the Finance Board
Communicating of the Mayor to the
Street and Water Board in which His
Honor said he was DESTROYS of having
the matter settled one way or the other,
as continual agitation of the matter
was retarding the development of the
The outcome of this communication
was the adoption OF the specifications
on january p, 1895: These were adver-
opportunity TO crfticise the sipecifica-
tons. On February IS the committee
specifeations in accordance with erIti-
clsms which had been made. These
specifications with the amendments,
with a request of the Boar of Finance
He then gave the subsequent history
fbea ahe eon aMdersddg the be , Character eg,ealao Of the
plant offered by the Jersey City Com
pany. y.
sarily put conditions on the bidders
which the city wanted TO have in case
nent of the city so far as it could be
ascertained, would permit. the purchase
of water by the gallon, because its fl
nancial condition would not permit its
Issuance of bonds to purchase or build
a works, but it waS demanded that the
right to buy the works should be inserted
IN the contract, SO that as future events
develop. the city could continue to buy
the water by the gallon or purchase the
works, as either plan might be the bet
these conditions may make either the
water. or the works cost more money
but the city wanted those rights. The
city has gone Through all the work on
this matter because it was forced to
water and when changing wanted water
that was not only good now, but water
which must be kept good by the contrac-
in the specification, and this condition
may make either the water or works
had been omitted, but the city wants
water thai will be kept good, the con-
tract was made for twenty-five years
the water as good on the twenty-ffth
as on the first year.
The Board saw no merit in the sup
Elemental propositions except the one of
the East Jersey Company offering a tenn
In eldsp,ggg Judge Blair said: The i'm
renders, an early disposition of 1t ex.
fsea' water of proe1red '9 Will Pn Be ff had under ader
tran the Temporary Contract with the
entered into; under This temporary con-
tract the city pays a higher price per
gallon for the water, has to maintain
ifs laborers at the pumping station,
end furnish the coal, oil, and repairs
t~sserefor. is compelled to mix with the
Pecuanncck waiter the present polluted
Passaic water as now used by the city,
IS delayed in obtaining a new pipe line
across the meadows between Bellevil1e
pumping station and Jersey City, to pro-
vide sufficient carrying capacity for the
water now needed, which pipe is pro-
vsde-3 fer in fine contract with the Jersey
City Water COmpany.
s.T1ese facts show the necessity of
the city being relieved of its temporary
contract at the earliest date, and each
days delay is al embarrassment to the
in this litigation, the East Jersey Water
Company"