The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1895-12-07

ing that the act of 1888 has been before
the !la5d e Su TN N.Y. n times s. and aSo has been up up
reference to the Board having charge
Of the finances of a city did not neces-
applied to any body, whatever its name,
which controlled the city funds. which
he declared d~issipated Mr.. McDermott's
argument that the act was special and
therefore unconstitutional.
ton which the Jersey City Water Com
plant was a valuable thing.
Judge Gqlmmsre made suggestions.
Which showsd that he thought s. Nj Nj
of the Rockaway. Mr.. Edwards handed
up up photographs s a.SS0i e. the ds poli tut ws 81
he Claimed, showed that the company
to the standard of purity required.
He claimed that by taking the jer-
sey City Company's contract the city
The authorities of jersey City had striven
to do their duty which the court would
see by the testimony.
mountain water. not the water of a
stream which would in a few years be
come contaminated, and give over again
cordance with that demand they had
awarded the contract to the company:
Mr.. James B. Vredenburgh, for the
company, then said that the Jersey City
Company had water TO sell not a plant.
He spoke of the preliminary work the
Jersey City n Company yb had f fSa c ana fns
had spent. He claimed that the company
had rights as well as the taxpayers. At
had gone to the expense of securing OPP
lions and making surveys, and had de-
posted $4,000. as a security for the
of which it was losing while this con-
troversy was going on. Mr.. Vreden-
burgh also commended that when the OPP
and the other advantages Of its bid
were considered the Jersey City Com
pany's bid was the lowest
Mr.. Vredenburgh took up each reason
of the prosecutors for setting aside the
contract and answered them categori-
f f;aa in l He a50t ef b msn sre 1sgal auth and
made liberal extracts from the testimony.
He was followed by Charles Corbin;
Banking Company. He contented him
self with handing up his printed brief,
and made no oral argument;
then spoke fer the company. He is a
polished speaker, with none of the man
ners of the dry attorney. and every one
sity which compelled Judge Depue to
tell him his time was up.
Mr.. Guthrie commended that the power
of the State to step in and take any
property necessary for the protection of
the public health was ~indisputable. This
case, he claimed. did not involve the con-
fict between two public powers. The
question was the conflict between a pri-
vate. corporation on one hand and a
conflict was between a private company
and the duty of the Legislature to pro-
tect the rights of the public. Between a
mere partial diminution of the water of
a canal company. for which if neces-
sary the water company was willing to
pay. and the lives of the inhabitants of
The inhabitants rights were paramount.
He then took up the act of 1895, pro-
viding. for the condemnation Of water
he said. the Legislature knew that. the
rights of somecanal company would be
involved. It vas conside ring water
provided that after used for any munic-
ipality should not be taken; It meant
ehse every or tS ether m,, pse shlfGgld e Tbe sas aat
said the power of condemnation should
be exercised by any city in the State.
that any city Could take advantage Of
known that the act was passed for the
passed the act in compliance with the
great demand for the relief of Jersey
City. h eases On record hold that
demned for the benefit of a municipality.
When an act was passed giving a city
tie power to condemn TIL; imf l%icat.on
W do q SGOllSO tl1dA III IiiC OdSS "a q
cana company. 1t was absurd to con-
tend that a canal company's rights
were stronger h those of a city. No
that the power to construct a cana
could in any way be construed to cut
off the, rights of a municipality to a wa
1t was ten minutes after three when
Judge Stevens arose to close the gu
# the Court adjourned at the time fixed
that would give him only twenty min
utes in which to sum up his side of the
as well as every one. and he e~ndeavored
to get as much as possible into the brief
time allowed him. He spoke very rap
He began by giving what he called a
derstood it. The law. he said, required
pany which offered the conditions of
the best advantage to the city, The
Jersey ~ city fbsyt. c0oo ps y h claimed srms Of t dla
specifications required a reservoir capa-
pacity of 100 days: another was that
pany which offered the standard Of.
purity named in the specifications. In
every one of these important conditions
If Jersey City intended that water was
to come alone from the headwaters of
the Rockaway; that should have been
not but the wording of the specifications,
requiring a gravity supply, confined the
supply entirely TO those neadWaterS.
It was right that Jersey City should have
inspectors to. watch the work, and re-
ject any which was not properly done.
The contract did not call for that. AS
the contract differed from the speciica-
ions in those particulars. Judge Stevens
claimed that it had not beeneawarded in
compliance herewith. The New Jersey
authorities never employed an expert. If
they had they would have found out
that when the specifications called for
meant that the watershed should be large
enough to supply the required so, 900. 900
gallons "a day.
IN calling for 100 days supply they
called for a watershed larger than sixty
five square miles, the area of the Jersey
sey and the Rockawav and Hudson Com
panies offer a shed of 125 square miles.
Justice Depue suggested that these
other areas were subject to condemna-
Continuing Judge Stevens said that the
Jersey Company's bid appeared cheaper
because it furnished water at a cheaper
rate per q 5000 600 gallons, but as the mum
Der of gallons increased it became dearer
That's not so." cried the counsel for
the company in chorus. But Mr.. Stevens
paid no attention to the interruption,
but went on with his argument
It was not long before he made another
assertion of fact Which the company,S
counsel disputed.
That's the phase the evidence puts on
on the case " he calmy said.
sYou must have another book OF evil
denee then I SAG spencer nreces Meart ran,o ,,aa
Jud Ir9e Depue eua 4 Mr.: Stevens r Vent on
the clock pointed to halk-past. three
O'Clock and Judge Depue promptly toll
him his time was up and declared he