New-York tribune., 1896-01-24
WATER CONTRACT UPSET.
JERSEY CITY's ss,oOO,OOo BARGAIN DE-
CLARED NULL AND VOID.
THE STATE SUPREME COURT SAYS THAT THE
CONTRACT SHOULD HAVE BEEN AWARDED
TO THE LOWEST BIDDER-JERsEY CITY
MUST CONTINUE TO USE PAssAIC
WATER FOR THE PRESENT
WHAT CITIZENS AND
OFFICIALS SAY.

WATER FOR THE PRESENT
WHAT CITIZENS AND
OFFICIALS SAY.
| The decision of the Supreme Court yesterday an
nulling the contract made by Jersey City with the
Jersey City Water Company puts the municipality
in an awkward predcament.
Last year the city invited bids for a water
supply of 5O0OOOOO gallons daily and storage
voir capacity of 100 days supply. Bids
ceived follows:
Rockaway and Hudson Water Company-s5. $50 900.
East Jersey Water Company-S $4,000
Jersey City Water Company-s7. $4,000.
The Jersey City company Incorporated in its
bid a guarantee provide reservoirs for storing
$50 days supply and this offer given as
the reason for awarding the contract to the
company. although it the highest bidder When
the contract was approved by the Board of Works
and Board of Finance. Mayor Wanser inipor
tuned by many citizens to veto 1t. The Mayor gave
hearings to those interested and then signed the
contract The protesting citizens appealed to the
Supreme Court. and the decision of that tribunal
handed down yesterday in Trenton.
1t was proposed TO condemn the waterway of the
Morris and Essex Canal The canal is operated by
the Lehigh Valley Railroad Company. of which the
East Jersey Water Company is virtually an off,
/ shoot.
In their arguments before the court the protest.
ants based their objections on these grounds;
lowest bidder and was therefore Illegal.
That the act of 1883 under which the contract had
been made, was unsonstitutional sS 81. ,,,ou,,o
That the act Of 1895 did not expressly authorize
the condemnation of the Morris Canal waterway.
SYLLABUS OF THE OPINION.
Supreme Court Justice Van sycke wrote the
| opinion of the court and 1t was concurred in by
Justices Depue and Gummere. This is the
mary:
Cd The act of 1883 is constitutional and authorized
Jersey City contract for water supply
that its water rights are held for quasi public use
furnish nsurmountable obstacle 10 the approprl-
alton OF such rights 10 the uses OF the state Tor the
preservation of the public health and safety upon
just compensation being made. but the right 10
condemn mist be clearly granted by the LeSis-
(s) The act of 1895 does not authorize the water
rights granted by charter to said canal TO be con-
demned for the use of Jersey City.
a. In the absence OF fraud or palpable abuse OF
discretion on the part of the municipal authorities
the only question for judicial cognzance Is whether
there has been % ANY oaSn or efa in
into the water contract
80 A contract for water supply must be awarded
10 the responsible bidder who offers the most ad-
vantageous terms, and proposals must be adVer-
90 Bidders must have the opportunity 10 compete
and that only be by definite speclhcatlohs 10
&, Bids having been expressly invited upon the
condition that the contractor should provide rsv %
delivery at the rate Of 5Oooo,W gallons per dleni;
the was not awiSy a red 10 10 provide SS
a storage capacity for 80 days
THE TEMPORARY SUPPLY
At the same time that bids were asked Tor on
permanent water plant the city invited ohefa ioi
a temporary supply pending the construction ol ''s
other work. The East Jersey Water Company CAPT
ured the temporary supply contract, and II was 10
turn on the water by April !. The East Jersey
Company intended TO give Jersey City the surplus
water from the Newark pipe line. NewarKs pidh'
had been constructed on the basis OF S"v""" ga-
Ions day, but by the terms OF Its bargain the coi
pany war to have the right 10 divert and sell until
1900 all over N.5oOOoo. Recently a test was MADE
with the result that the pipe Ine was Wa dVono y
to be uRsSs iH GfTry a Sa%srk ad not use gallon
noe than sne 60 was sn gar Tor to jersey CITY This
ing TO give Jersey City free between now ana ApTh
charge only the actual cost OF carrying until the
company constructed new pipe line Tnat PTopo
rhorities The East Jersey Company is now actively
o. in nS the Jne ne S .Hppy MSk % % =!
daily. The company hopes to DC able TO sell the
plant to Jersey CITY
CITY OFFICIALS NONPLUsSED.
The adverse decision Of the Supreme Court has
surprised and disappointed the city officials OF Jer.
sey City. Tn confident that the contract
for the permanent supply awarded TO the Jersey
City Water Company would be sustained Ihey
were positive this would be the result that they
had made the slightest preparation for the de-
feat, and completely at sea regarding The ac-
tion 10 be taken
pointed at an Indignation meeting to institute @ legal
proceedings to set aside the contfac peeaus III
was the highest submitted.
Cooperation Counsel John A. Blair. when asked
for his opinion OF the situation yesterday, SAID: II
in position TO discuss The probable result
S es dsdSssss it, PMteiSr IT 5s
will be appealed 10 the upper court and IL the cor
out a new water supply for a long time The Of
fcals may be so disgusted WIN the supJeGt that
9ssr ;nsy VIII let the people continue 10 drink r"''@''
CORPORATION Attorney Spencer Weart SAID he
would not say anything about the decision until he
Hooker admitted tha; the decision was sore dis
appointment to the members Of the Street and
city would be sustained Looked at through our
he SAD cGua nod ss nor M
ty Of drerent an result ana Gohsednsh S sh a1e w nTI
be done, but presume we will have to go over the
same ground and readvertise for BIDS one thing
contract for the Rockaway water as the city viii
tion that II Is at present because or the sewage
PROTESTING CITIZENS DELIGHTED.
Ex-senator William II. Brinkerhof. who
chairman OF the Citizens Committee, was pleased at
the result. 1T Will appear that we are no longer
obstructonists." he said. "as has been charged by
those interested in the Jersey City Water Company
but that the rights OF the people are TO be pre-
served. 1t is now plain that the Supreme Court
agrees with us s. In IN % our contention tnat Jersey Cy
Former Corporation Counsel William A. Lewis
when informed OF the decision, exclaimed: I'm de-
lighted delighted. delighted. Here are three good
things: Werts set aside. Grigss put in and the per-
manent water contract beaten"
Iebbeus Ward. former State Water Commits
sioncr. who is firm advocate Of law recurring
the State TO possession Of all the watersheds
for the benefit OF the cities and towns. calmly said
| when apprised OF the decision: 1T is Just what
expected
MAYOR wANsER HAS NO APOLOGIES.
Mayor Wanser refused to express opinion In
an interview yesterday but at he Board OF Trade
dinner last night in responding TO the toast. "Our
CITY" after complimenting the Water Department
for It's economy. ne expressed regret AT the made
ouacy of the temporary water supply. result he