The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1895-09-06
CONCURRENCE.
Board of Finance Takes
Final Action on the
Water Question.
JERSEY CITY COMPANY WINS
Bailey, DetwiIler and Simpson
10 the Affirmative, Jones
and Hardenbergh
Vote No.
TEMPORARY SUPPLY, TOO
The Resolutions Now Go to
Mayor Wanser-Certiorari
Suits Threatened.
TEMPORARY SUPPLY, TOO

Another step has been taken in solving
the graat problem of acquiring a new
and pure supply of water for this city.
The Bo,rd of Finance by vote OF three
to two has coneurred in the resolutions
of the Street and Water Board awarding
contracts for permanent supply OF
! water to the Jersey City Water Company
for Temporary supply.
This result was reached at a meeting
of the koard held last night in its office
in the City Hall. The hour set for the
meeting Mas eight O'Clock. At that time
Commissioners Bailey, Simpson, Detwll-
Ter and TfRrdenbergh were on hand.
CorooratiAno Counsel Blair was present
and also a huTnber of reporters.
Word had heached the Office that Presi-
dent Jones vas i'll and would be unable
to attend tie meeting His colleagues
did not wantito act in his absence. Com
missioner Detviller had bad interview
with Mr. Jores in the morning and the
latter had prpmised to attend the meet
ing If possibh The situation was dis
cussed at length and Corporation Counsel
blair finally consented to act as the
i Boards emissaTy and wait on President
Jones and induce him. if possible. to at
tend the meeting.
A cab was called and Mr.. Blair started
! for The home of Mr.. Jones. There was
considerable soutine business before the
Beard and for the purpose of saving time
! Corporati6n< Counsel Blair suggested that
IN his absence it all be disposed of so
taat It would not be necessary to detain
I President Zones in the event of his at
tending the meeting any longer than
1 was Necessary. Shortly after Mr.. Blair's
Tsord aoJ,ad Cfor,a
ers that a committee from the Board of
Tfslde would attend the meeting.
Nr Bailey suggested that the board get
to Wotk on the routine business. His
.sus<estion was adopted and Mr.. Detwilier
was ei1osen temporary chairman. Almost
the FIRST document read brought up the
water question. It was the long expect
ed opillion from Corporation Counsel
Blair. relative TO the legality of the award
for temporary supply to the East Jer-
Eey Water Company. The opinion was
read ard ordered spread in full on the
minutes.
MR.. BLAIR's OPINION.
Here il is.-
To the Board Of Finance of Jersey City:
Gentlemen:+In reply TO your resolution
of the I'D Of August as to whether the
contract recently awarded to. the East
Jersey Water Company for a temporary
I supply Of water for this city, by the
Eoasd Of Street re "a and Wster conzai;s3 p; s
company for any other term or upon
any other conditions than those named
respectfully advise you that the action
of the Board of Street and Water Com
3nissionersl making said award is legal,
for the following reasons
i. Beca use the proposal of the East
JERSEY Water Company, upon which the
award was made. was not made in re-
ia xfhe formal SnaCifcatinnS mt
forth by the city, but was made under
permission given in the note" attached
to said specifications. but which formed
z. The proposition of the East Jersey
Water Company. upon which the con-
and supplemental one. it was not in
competition with any other bid and may
3. It is the fact of open and even
competition under fixed and definite
specifications. where each bidder bids
that determines the Interchangeable char
acter of the bids after their reception.
In this instance there was no such COM
The city, after setting forth particu-
larry in its published specifications just
what it would require of all bidders.
formal bid under this specification will
be allowed to offer as many supplement-
al propositions and attach them to their
bidso as they may desire, in which they
can offer for the consideration of the
Board a new supply of water upon Sucn
terms. conditions and plans as the bidqer
may propose" etc. A proposition under
this notice is entirely unlike one made
under formal specifications. A formal
stand or fall without modification while
there are other bids standing in com
petition The city must either accept or
reject the ibid as first made. because the
rights of others are involved, but bid
like the East Jersey Water Companys
in this instance has no such element OF
riSd;tv II is simply an offer in which
that company makes its own terms ana
conditions The city is at liberty y to : take re
none of it. 1t is a pure question OF ne
gotiation OF. give and take as nerween 1Vs4a1
private parties et aiged Ihe fas5 81 aceeef the ar Of
fer the Street and Water Board has
made If. but if it sees fit to do 50, and
does So then a legal contract Will nave
been entered into.
Respectfully yours.
JOHN A. BLAIR.
Cornnrafion Counsel.
MIR. JONES APPEARS.
AT fifteen minutes before nine o'clock
the routine business was out of the way
Commissioner Bailey suggested that a re-
cess be taken for twenty minutes. Com
missioner Hardenbergh seconded a mo-
tion to that effect and it prevailed. Up
to this time no one was positive what
was going to be done. Some were of
the opinion that the question of appoint
ing an expert would be taken up. while
Others were positive that they said that
an expert would not be named and thai
tbe awards would be concurred in.
Immediately after the recess had been
taken. Commissioner Bailey. who was
warm. went ont to satisfy himself once
more that the Passaic water was just
as filthy as people say it is. He was
convincing himself not far from the
City Hall when Commissioner Simpson
strolled out on the front steps. he
wanted to see Mr.. Bailey. He was sent
in the direction that gentleman had
gone. and in a few minutes found him.
They were returning to the meeting
room when coach rolled up and Cor
poastssn Counsel Blair atepped out. The