The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1897-01-15
Rafter,s Eunnx Repors.

The report of Expert Rafter is one of
those perverse documents which reckless
bias has several times imposed upon the
public of this city as judicial reviews of
one or another phase of the water ques-
ton. Mr.. Rafter was hired to smash the
East Jersey award, just as we find experts
hired to hang murderers and other experts
hired to acouit them. There is no dis
honesty of purpose or method about it,
of course. but we fail to recall an in
stance in which the witness for the prose-
cutfon could see any aspect of the facts
consistent with the innocence of the ac-
cused, or any case in which the expert
for the defence could reconcile the facts
with the theory of guilt.
Rafter's report is its own condemnation
In several amusing particulars. What are
we to think. for example, of an expert"
who assures us thai the Passaic fluid can
be filtered for the purpose of potation.
and who In the same breath admits that
he has never seen it in summer and
knows nothing of its condition. This,
alone. is sufficient to make the report
ridiculous. 1t is not the only flaw. how
ever. We find the expert telling US
that the specifications are unscientific, in
exact, almost incomprehensibie, and then
he solemnly proceeds to dissect the two
bids %ho+ -o- ~,olo 49, --.&L,
special reference to these Incompetent
sible specifications. Gould anything be
more absurd?
The paragraph about price is a gem.
He considers the price offered upon the
alleged .go-as-you-please" specifications
to be not specially unreasonable" We
should think not. as it figures out about
5 per cent. interest on the investment
which he himself estimates to be neces-
sary. But. he adds. "it is my judgment
that. with a sharply drawn specification,
a considerably lower price, both for the
works themselves and for water furnish
ed during the rental period, will be easily
obtained" 1t is something new to dis
cover that sharply drawn specifications.
if their accuracy is at all advantageous
to the city, will result in lower bids. If
it is not in the interest of the city, why
nave it at all.
But the crowning absurdity of the whole
document is in the paragraph where he
attempts to monkey with the law of the
case. This is what he says
Briefly, I may say that, in the absence
of experience in the matter, / am unable
to see how a municipal corporations
creation of the LegiSlature-can delegate
to another corporation not entitled to it
by law, and also a creation of the Legis-
lature. the right of eminent domain. As
a man of Affairs, l understand the right
of eminent domain to pertain to he.
sovereign purely, although, as a matter
of convenience and public policy, the
sovereign may delegate it to certain cor
porations, which bear somewhat the same
relation to the State that the sovereign
himself bears; that is to say, they render
public service. Among such are municipal
of eminent domain has not yet been ex-
tended to private water companies.
A Daniel come to Judgment.
Why didn't the poor little fool get some
cheap lawyer to look UP the statutes and
save him from exhibiting his ears in this
way? If he is an engineer, as is alleged,
this is a clear case where h "cobbler
shoald stick to his last"