New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1898-07-10
NEWS OF BROOKLYN.
FIGHT OVER WATER PLANT.
CITY OPPOSES THE LONG ISLAND SUPPLY
COMPANY's APPLICATION.
FIRM WANTS THE PROCEEDINGS FOR THE
TRANSFER OF ITS PROPERTY VACATED
TO COME UP IN COURT ON
WEDNESDAY.

1rs,,ca Dicbev in the Supreme Court will on
Wednesday listen TO 4 motion by the representa-
,ives ~ the Long Island Water Supply Company
10 vacate the proceedings for the transfer OF 'he
water companys plant 10 the c!ty on the OASIS Va
the decision OF a specially appointed commute
which appraised the companys property al sO'oo''
General BENJAMIN F. Tracy, William c. De VIII
and Thomas E Pearsall will represent the COM
MANY and the city's case will be conducted by H.
Percy Chitenden. Assistant Corporation Couil"e. IN
the Office Of Deputy Corporation Counsel Aiihet +
jerks Sensational charges, II Is saId are ihe''
10 be made against the company ana some OF us
renresentatives and several interesting chapters Oh
recent history will be related IL is rumored.
The motion TO vacate the proceedings VIII De
argued on the ground that they have ALREADY Deen
abandoned by reason OF laches on the part Oh inc
city in falling TO pay the award ana by Feaso" %
the fact that the city has no funds ana also on te
ground that it is inequtabe on the part OF the Guy
10 hold the Judgment over the company IN we" VI
the fact that the company wishes TO invest SlV0vV
IN the plant, and has already invested S-I'VN
The citys rep.y to these arguments VII! oe thal
the award OF $4,000 amounts TO judgment "h'o"
is a lien on the citys properly, and tnat the iuhuS
could be obtained from the judgment fund OF the
city In the first place. II VIII be asserted, me
water company is not bringing suit against the
city to collect money. but is seeking 10 Vacate d
judgment which has been passed " the General
Term the Court OF Apreai anu tne United states
I,
no effort TO collect. 1t viii also declared tnat
the judgment could be satisfied Dy execution, or ny
merchandising the city 10 issue new Do|1s when
were 10 De .ssued by the city OF BrooKyn under the
statute OF ls- water bones, and 50 outside .!ie
question of the constitutional imitation Inc
Question OF an excess over the COLaututio.ai Nhit
Is not cOnceTncI in this case. Tor section V oI the
chapter expressly provides for the Issue Oh STOCK or
bonds by the city o. NJ" YORK 10 take the place
Of bonds authorized by laws Ella cted pr.or 10 lss
1t may be remembered mat H.uch comment was
caused when, In December last, KODeit a. Mtchci
brought an Injunction suit 70 stop the SAFE, ana
again when in FcbIUags, he' suddenly dropped me
Injunction case. The c.tys attorneys VIII declare
IL Is expected. thai wAAe they nave discovered no
fraud the business us face looks peculiar. ihey
will also relieve Mayor NUIstcrs administration Of
that the business was ,xpeditously and SUCCESS
fully conducted at that time rs II coG.d be in new
OF the delays accounted FOR BY the legal proceed
tngs Justice Gaynor has written letter To Judge
Nan WICK in which he attempts 10 SHOW thdt tne
Wurstcr administration ignored tle matter, ana
gave no sign OF paying the award and taking the
property until a public agitation was Started 10
compel them to do their pam daiF: Inc corpora +,
ton counsels do not agree TO tnis. however, ana
,hey will saw so before justice Dichcy.
The cltys lawyers Will say that the present ai-
minstraton purposes 10 close the dea! on ne basis
OF the 5000 award but that It mas mus iar been
prevented from doing by the rush OF blSlness at
fendant lpon the contamination OF consolidation
They will Indicate that Spencer Trask q Co.. VINO
secured the award OF the bonds may le compelled
TO take them but that the more probable course
will be q readveTt'sng fo1 bidders. As for the
delays which have prolonged the case, Ny. Chltten-
caused by the water company IN It's efforts 70
secure favorable decision on It's court cases He
will also main tain that the company - entitled to
no conside ration for altering or improving It's plant
TIL. II has done on It's own respons! bil.ty and
for {fs