The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1898-05-19
WATER PROBLEM.
City Officials Have All In
formation Possible and
Will Try to Decide
the Question.
MR.. MDERMOTTS COMMUNICATION
He Advises That the Contract
Be Awarded Without
Any More Delay.
FLAvEL NIECE EXPLAINS
He Quotes Authorities to
Show That the Inman Bid
Is In Proper Form.

Al the meeting of the Street and Water
Board, yesterday afternoon, Corporation
Counsel McDermott submitted all the
papers in his possession relating. to the
water supply problem. Accompanying
the documents was an open letter to the
Board from Mr.. McDermott. 1t was as
follows:-
To the Honorable Edward Hoos, Mayor
of Jersey City, the Board of Finance
and the Board of Street and Water
commissioners
GentIemen-Responding to a request
that each should submit an answer to
the claims of the Morris Canal and
Banking Company that certain proposals
to supply Jersey City with water con-
tempIated infringements of the rights OF
that company, the Rockaway and Hud,
son Company, Mr.. P. H. Flynn. and
Messrs. O'Brien, Sheehan, Mclean &
Rogers have sent communications which
are herewith submitted for your consid-
Grafton. The answers ma be summarize
Mr.. Flynn and The Rockaway and
Hudson Company say that they Intend to
of such storage, flow into the Morris
Canal or the Rockaway River. TO the
claim that such storage would interfere
with the rights of the Canal Company,
the bidders answer that the storage Will
be effected without diminution of any
flow to which the Cana Company Is or
can be entitled.
O'Brien. Sheehan, Mclean & Rogers
answer that they propose to take their
supply from a point where the Rocka-
way waters cannot be claimed to be serv-
lent to the Morris Canal. They take wa
ter after it has reached a point from
which the Rockaway River cannot feed
the Morris Canal.
So far as the protest of the Canal Com
pany relates to water that reaches the
Rockaway River, / do not consider IT
worthy of your attention The only IS
sue to be decided tive the parties Is
whether the storage of water IN the pro-
posed reservoirs VIII inserfere win snn anv
for its operation. The Rockaway and
Hudson Company. and Mr.. Flynn, re-
spectively, contend that the plans OF
storage presented by them will be suffi-
cient to not only supply jersey City, but
to aid the Can Company at times wnen
it could not otherwise be well supplied;
It will be seen by the figures presented
by the bidders that the Morris Canal Has
almost outlived its usefulness, and there
Is good ground for the expressed be-
lief that its operation has been continued
because of its existing or Commenced ior
relations to the supplying OF thisCtty with
water. The attempt TO present the Canal
Company as a corporation desir0us OF
protecting rights and discharging duties
of great value to the State would De iu-
dicrous If the power to condemn the an
tiuuity could be found in our statutes.
This power, unfortunately, does not ex-
ist,i and it will, therefore,, have TO pc de-
terfmined whether any bid, DECIDED to pc
for the best interests of the City. invol.
YES a proposition to deprive the Canal
Company of the use of water to which
it would be entitled II the Canal Was
operated to its fun capacity. A falling
off in the business of the Company cam
not safely be made the basis OF calcutta
ton of its right to water. b calcula-
upon the number of boats now used. /
have concluded that it would be unWise
for ME to now express an opinion upon
the legality of an award to any BIDDER,
or to pass upon the protest OF the Canal
Company, and thar It would be equally
unwise for you to refuse a contract to
any bidder because of that protest. o
have arguments of all the parties before
YOU, and my advice is that, after listen
ing to the opinions of your engineers a
if they disagree, to the opinion Of a
third, you award the contract to that
the best interest of Jersey City. # be-
fore you make the award, you desire my
opinion as to whether the bid decided TO
be fog the best interest of the City can
be legally accepted, / will pass upon that
question. Assuming that any award will
be made the subject Of litigation, 1t will
be we'll. if possible, to limit the issue 10
the legality of the accepted bid.
In the matter OF the bid made by the
Inman Company, I present herewith a
brief prepared by Flavel MCGEE, ESQUIRE,
the counse of that Company, and advise
that his bid be given the same considera-
ton as the others.
ALLAN L.. McDERMOTT,
Corporation Counsel.
The advice Of Mr.. McDermott, that It Is
the Boards duty to consider the Inman
proposition, which has all along been
helix to be informal caused surprise IN
official circles.
The opinion of the Corporation Counsel
=. ~ Tnmar asa5s 10 saa pyo, the
y ~ -, nc
claims OF Flavel McGee' coulsel ~ ths
company. In a letter to Mr.. McDerinott.
ro,a five 10 tha formalitv Of the BID. the
NsS .,- aua r,,,n.a1a,
company iasnss ny ~ on'
McGee made the following statements
and m
r. -
The bid OF inc lnman Sonlracl ION
pany to supply Jersey lily with MaleI.
The Statute Laws or 1855, page coo' sIve
to the Board the power to makea ana enter
into a contract or agreement Win ans
water contractor OF c~ontracter
for one year, or Tor a term Of years, ioi
the obtaining OF a supply OF
water,
Provldea nat no sucn agree.
meha ana 1ons co.is Ipan s swentv y vnav vea lof i
any one term.
Provided that the Board Of
Finance must approve.
And provided further that such contract
NAV contain an option for the acquiriue
BY such municipal corporation OF thu