The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1895-12-06
ON THE GUSH.
Eloquence in the Great
Water Case Pouring
Forth in Floods
in Newark.
AN ARRAY OF COUNSEL
Mr.. Thompson as General Denouncer
and Mr.. McDermott as Special
on the Unconstitu-
tionality of the
Act.
Special TO the Jersey citu Ne,rs.

of Jersey citizens and lawyers invaded
the Circuit Court room in the Essex
Court House this morning. The law
yers came to argue the certiorari pro-
ceeding taken to test the legality of the
award to the Jersey City Water. Com
pany, of the contract for permanent
supply of pure and wholesome water
The citizens were there either out of
curiosity or to encourage and hold up
the hands of the legal champions as they
battled for or against the right as the
individual citizen viewed the subject.
The vanguard of the army in the per-
sons of William D. Edwards, Henry Bel
den and a number of Office boys loaded
down with papers, maps and books, ar
rived shortly before ten o'clock. They
had hardly deposited their impedimenta
upon the tables when justice Depue, OF
the Supreme Court, came upon the bench
He cast a glance at the formidable ar-
ray Of maps. books and papers which
the office boys were struggling to ar
range in order and calling MI. Edwards
to. him. asked how long the case would
take
replied Mr. Edwards.
s'Will two hours do?o asked the Court
Hardly" Mr.. Edwards replied, there
are eight or ten counsel in the case.
A suspicion of disrlay spread over the
Judges face. and he asked why there
were so many lawyers.
Mr. Edwards replied that it was be-
cause there We're SO many interests IN
Then the Judge and Mr.. Edwards held
a conversation while the lawyers and
citizens began n to naTFnt narTFFlne tan O'Clock
justices Gummere and Van. Syckel
joined Justice Depue, making, the bench
Of the Supreme Court, which was as
At that time there were in court eX-
Judge Frederick W. Stevens Ct Newark,
sn Gharss L. TMimpn91 Mepepoft cfsrifs 3 c0s ssgmor M
Charles G. Black and John D.. Griffin,
Representing the applicants for the writ,
Vredenburg and William D. Guthrie OF
New York. one of the lawyers VINO
argued the famous income tax suit be-
fore the United States Supreme Court
at Washington. representing the Jersey
| City Water Company: Corporation. Coun-
sci John Blair 2sng Gorporati9n Id Aee0Fney s4.
Teto Wear sede hSePe9f TilsSa MSana Presdent
the jersey City Water Company; f; s B.
Hghn thr e5dent 81 ts sreet 3aa fA and
Justice JUS pepue en3phatieally deolarsd e
past three O'clock and that the. Court
would sit continually until that time.
That would give five hours to the case,
and each side would have two and a
M Mr.. Thomson then opened the case.
He began by SAYING that Jersey City
Rlver P3yss,,le which was good until it began to
be contaminated by the sewage OF Pat
Sron Pagsac and ten the qfnsT 2enfed toWhs fhs
reasons upon which the Prosecutors
would rely to substantiate this case;
nnt rna' SUI sufIcent lde that the advertisement
and specifications did not define or des-
ignate the source of supply or the loca-
the route of the pipe line or the loca-
ton of reservoirs. and other particutars
that the method of advertising was SO
impossible; that the Street and Water
Board refused to negotiate for better
terms than those embodied in the adyer-
iraprovident and unreasonable in that
the bidding was limited to a gravity
supply. thereby shutting cut the greater ter
supply; that the contract was made IN
bad faith; that the contract was not
awarded to the lowest bidder. and that
advantageous to the city: that the ac-
/ cepted proposal does not conform to
Water Board awarded the contract un-
der a mistake and material underestl-
mate of the price bid by the Jersey CITY
Water Company; that the said resolution N
was not concurred in by the Board of
Finance in the manner required by law,
although thre members :, voted IN the
affirmative and two in the negative, two
of the members who voted in the affirm
ative were coerced and unduiy IN,
ueced INTO voting IN aid 1anoF of 1eot OF SAD n
cording to their discretion and bona
fde Judgment; that the water shed
bid viii not afford q daily supply of So
eco. 900 gallons a day: that portions Of
the watershed named in the company's
and part by the Morris Canal. a public
corporation. and cannot be taken fcT
/ the purpose of awater supply that the
citv had authority for, that the COM
pany does not own the property from
which it proposes to take the water, and
has no authority to condemn nor have
the city authorities any power to deie-
gate It's authority to condemn to any
Corporation; that the act under Whleh the the
that the entire proceedings of the Jersey
City authorities in the premises are IL
sffdge Depue said some of the reasons
strike at the very foundations of this
case.
which the contract was made is un-
constitutional is sustained, all the others
are at He suggested TSsgs %as sane thas
discussion on the suggestion, and it
was finally decided to go on with the
case in order.
ment, Mr.. Edwards asked to have the
writ taken out by Horace Farrier dis
nony Mr. Thompson replied that an
order was made some time ago ccn-
| solidatng all the suits and Mr.. FaTrer s
was allowed to stand.
Mr. Thompson then went on and said
that in 1888 the daily consumption of
water in Jersey City was 15,0G0000 gall
Ions In 1895 it was 25900,09o gallons, al
though the daily consumption has often
run Ipp to q, 900, 600 for a month at a time
and fad run up to 28,0000G daily. At
that rate. the daily consumption in 1898
would be 100000 and at the termina-
tion of the contract it would be 55, 700. 600.
He argued that the Jersey City Company
could not supply that amount at any
time Then he turned his attention to
the allegation that the Jersey City Com
pany was not THE lowest bidder and ar
gued tfnat at length. He entered into an
elaborate computation to sustain that
| point He claimed tilaf the authorities
| were influenced in awarding the Jersey
/ City Company the contract by offers Of
advantages not contained in the speeifi-
Mr.. vredenburg questioned many Of
the statements which Mr.. Thompson
| made, and Justice Depue said that ow-
! ing to the limited time the counsel
| should confine himself to the matters of
law and the Court wouSd determine the
| questions of fact by the. testimony.
Mr.. Stevens at one point interrupted
proceedings in connection with the
| water Board took the advice of ne hy-
| dlsaulic engineer and entirely ignoring
| The, City Engineer, had the specifications
| drawn up BY The City Attorney.
| Mr. Thompson then skipped to the