The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1897-02-03

Pequannoclx valley yield, the Newark off,
Gals considered jt was about time to take
steps to protect the chty's rights by look
ing out for the coming heated term In
the negotiations that passed between
Messrs Sherrerd and Herschel the com.
pany's right to draw more than $4,000, 00c
gallons day was touched upon and the
water company's superintendent answers
this point by placing what is to Newark
officials, practically a new interpretation
of the city'S contract.
The clause relating to the company S
liability ITO furnish water rights Is EN-
bodied in the thirteenth section of the
contract. That section provides for the
city of Newark TO become absolute owner
of the entire plant mentioning terms and
conditions. and stlpulStes tnat upon tne
exercise by the city of the option to pnr-
chase. and the payment by the city OF "a.
COO 900 bonds, the company shall convey,
free from all claims. '.the dams, reser-
voirs, reservoir sites, conduit or condults
and all the works of every nature and
kind built and constructed by the party
of the second part, as required by the
terms of this contract, for the purpose of
furnishing the supply of water herein con-
tracted to be furnished by the party of
the second part ito the party of the third
part with all their appurtenances, togeth-
er with water and water rights aforesaid,
sufficient to supply 90, 1000 000 gallons OF sad
water daily forever.
In his letter published yesterday Mr..
Hersohel interprets this section in the fol-
lowing words:-"Ths does not mean a
$4,000, 600 of gallons, but means an aver
age daily supply of that amount" Mr..
Herschel goes on to say that the great
est amount ever drawn by the East .Jer-
sey Company, under its rights, has been
an average of A, 10000 gallons daily dur
ing the year ending February l, 1897.
however. @ .i It it's is contended @ that the figures
for average draught extend back to the
time when the company only had one
pipe line, and long before an attempt was
made to furnish Jersey City with any,
thing like a sufficient supply of water
through Newark's main.
It is pointed a. out sa that at the beginning
struck the East Jersey Water Company
was negotiating with Newark officials for
the laying of second pipe line, and at
that time the company could not draw
more than $1,000. .00e or $4,000, 900 gallons of
water from the Macopin intake, no mat
ter how much it wanted to, as it had not
the pipe line carrying capacity above these
figures
1t was not until about June that The
capacity OF the original conduit was aug
to Pompton Notch, and the connecting
OF the old and new conduits. By this
arrangement water was brought over the
Notch. in sufficient quantities to bring the
capacity of the remainder of the pipe
line up to 100000 or 100000 gallons a
day. Even this amount was not drawn
daily draughts for June and July. The
$4,000, 900 gallon mark was not reached lrn-
til about September /, and only on very
until the middle of November.
In December the daily draughts in
creased with jump, and the average
Of AT millions of gallons mentioned by
Mr. Herschel is said to have been reach
ed greatly by the aid of the big draughts
in December and January At all events.
the big increase during the last two
months is looked upon to presage much
heavier average draught during the com
ing year than last years figures show.
and it was this state of affairs. local off,
cfals say, that prompted the action taken
last week.
Another point brought out by the con-
troversy, and one looked rpon rather
favorably by Newarkers, is the interpre-
tation made on the contract by Mr.
Herschel about the right to draw a daily
average of so, 600, 600 gallons from the Pc
upheld it is argued that the value of the
contract to Newark after September "a
1900, will be greatly enhanced as this
city would not be tied to so, 100000 gallons
OH any one day or series of days, in case
emergencies require greater draughts.
Going still further along these lines the
local officials are asking themselves why,
If Mr.. Herschel can construe the $4,000, :
600 gallon clause of the contract to mean
average daily supply the city cannot
interpret the 27,500,000 gallons daily sup
ply to mean the same thing? In other
words, if the company can exceed its
contract limit on one or more occasions,
so long as the average is maintained, the
local commissioners are inclined to be-
lieve that the city can demand more than
27.50O000 gallons on any day or series of
days before September, 1900, provided
they keep the citys average daily con-
sumption down to the contract limit
1t is admitted, however, that some
nice legal questions are raised and that
some delicate technicalities present them
selves, is a construction of contract by
the city and the company. On this ac-
count the Board of Works has decided
to give deep consideration to the subject
in all its phases before taking another
step.