The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1895-09-28
WRlTS ALLOWED.
Justice Lippincott Sends the
Jersey City Water Com
pany's Case Up for
Review.
TO BE HEARD IN NOVEMBER
Eight to Delay the Hearing on the
Part of the Prosecutors Coun-
sci overruled by the
Judge.
TO BE HEARD IN NOVEMBER

Justice Lippincott this morning decided
to allow the writs of certiorari TO re-
view the award of the water CONTRACT
for Jersey City to the Jersey Clty
Water Company.
In the court room, while His Honor
was reading his opinion, were Counsel-
lors c. C. Black. H. V. Condlct, ex-
Senator w. D. Edwards, ex-Judge Blalr'
James B. Vredenburgh, Charles L. Cor
bin. Charles D. Thompson, Senator
Daily, John Griffin, all interested in the
suits to carry up to the Supreme Court
the award.
The Courts opinion is as foHows:-
sIn the matter of the application for
writs of certiorari to review the reso,
lutions of the Board of Street ana
Water Commissioners of Jersey City, as
concurred in by the Board of Finance
and Taxation, and approved by the
Mayor of said city, awarding contract
for new water supply to the Jersey
City Water Company
"Applications have been made for sew
eral writs of certiorari by several citi-
zen taxpayers and also by one OF the
unsuccessful bidders for the contract,
and the matter has been as fully heard
on both sides as is proper upon - tHis ifs
nature an eX parte application. In cases
where an application is made to review
the action of special tribunals, acting
legislatively and judic.ally for the bene-
fit and interest of the public soieiy, tne
practice has been to require notice to pc
given of the application for the VIII
in order that the Court may be fully
informed whether the application pc
only frivolous one. or nn9ounaed IN n
entirely in its nature an ex parte one,
and where important and doubtful ques-
tions of law and fact arise, upon the
dat ,i,,of nf which tha validity of
the action of the special tribunal de-
pends, the discretion of the Court snoulc
always be exercised in the allowance OF
3 the writ, that the legality of the action
to be reviewed should be passed upon
by a competent tribunal and set at rest
To deny it wot be to refuse the oppof-
tunity for the administration of just ce
in such matters. The Court III the
allowance of the writ is prohibited from,
hearing the merits and making a final
determination therein, or even to express
any decided opinion upon the legal
that they are of such Importance and
of such a nature as to require judicial
determination upon a review under such
POWER OF THE COURT
The authorities of the city have no
authority to award a contract for new
water supply, unless it be done in accor-
6a nee with constitutional legislative en-
actnlents. and without abuse of the leg
jslstive power ard + the awafd S ar m mas eff ncf
whatever and if it appears to the court
that it has been made without such au-
thority and in such manner, or II the
: questions of law and fact render the
award one of uncertain legal impors IN
these respects, then it becomes the duty
of this court, upon a proper application
of those interested as taxpayers or other-
wise, to allow the writ Of certIorari
that the questions arsng M may mart De Of reiew
having jurisdiction to finally determine
ssThe responsibility of whether Jersey
ifxr hal have a
does not as counsel have conltended,
depend upon the, action OF this court
nor perhaps with the municipal aufhor-
ties of the city. There is no power wtilcl
The edict of this court one way or the
other would avail nothing. Neither VIII
the action of the municipal authorizes Is
authorized by express constltutlonal
eractmerlts. The municipal authorities
s1non, item by express legislative enact
rnent or such powers as are necessarily
implied from those 4baiS Mica cion Ere 90 can BE-
of no avail under any leglsiatYe entiet- enact
1nent unless it be exercised wnthout
abuse of the public welfare, and no ar aF-
court from the allowance OF a WIFI 70
determine whether any valid enacllleiHts ~
exist. or whether if so existing the actlon
mas been in accordance Herewith, or
whether such action has been IN ar
unreasonable or ABUSIVE maIJlel, alu 1 se e@
the review of these QUESTIONS pe1ore
supervisory tribunal. The remedy Is one
TO be freely invoked according to a re-
scnahle discretion of the court. to re-
view Illegal actions of municipal auth-
critics imposing burdens upon the pun
lie The legality and regularly OIL sucn
action is reviewa.ble by certiorari
FAIR QUESTION NECESSARY. :.
Neither does it become ne necessary. aTaiora Il IA
that there should exist in the MINDS ol
the Judge allowing the writ decided
opiniIen thaf fhf Far aetoe 6eson s for deter
mination arises and there appears to ex-
ist no other legal remedy; then the dls5
rretion of the court should be exercised
An favor of the allowance of the writ
Unless this be the rule the usefulness
of the writ would not only be impaired
with these preliminary observations,
The al,eEtfons raised NAV pc przenv con-
sidered, not for the purpose of authora-
tive determination, but for the purpose
of ascertaining whether Questions con-
such uncertain and doubtful n nature con
judicial review before this important and
and costly work is entered upon
Taking up the reasons Wh1ch are
Hrke1 POWERS OF THE STATUTE.
FIRST, These resolutions, Il allth2riaen aes1
Of an act entitled. An act TO a'lthcr.
ize any of the municipal corporations OF
This State to contract for. a supply or
:. AZ further or other supply of water there
fnrs approved April 2. 1888. p y. 1888.
mage 3s6. The prosecutors insist that
fhis act is unconstitutional on the
ground that it classifies the municipal
cornorations into those in which there
exists a Board of Finance and Taxation,
and those in which no such board exists.
The statute provides different mode OF
entering into this contract, applicable to
each of these two classes of mun1c1pal
corporations There seems to be. no basis
for this classification. except the exist
ence in one class of the BOARD of FINANCE
and Taxation, whilst it does not exist IN
the other class. Whilst the act canfers
general authority urrnn the different
boards of any municipal corporations
having charge and control of the water
supply, in Jersey City the exercise of the
power is restricted in such a manner
that the board having charge of the wa
fer supply does not Dossess the full gen.
eral mower conferred upon other cities,
creating as it would appear classfca-
tion upon no natural or substantial basis
Tho lsafnt ir one WHICH is hrc~6eF f.akr,'s
and upon the face of the statute suf-
ficient appears to render it fair ques-
tion for judicial review.
0TIFSTTON OF ADVERTISEMENT
stSecondlv / shall take it as conceded.
~ fhe purpose of this application. that
~ n contract cannot be awarded without
1fie advertisement for proposals.. in ar
eordance with the provisions Of the city
charter the proposals to be in accord
ance with the advertisement ard speci-
ffcations Now # Is contended here, as
shown bv the afffdavits here. not per