The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1898-03-07
'~SUPERLATIYE GALL
Sheridan &SheaCo. Proposes
Ito 0bstruct Montgomery
Street Sewer Re;
pairs.
ITS PAYING CONTRACT THE PRETEXT
Real Motive the Rejection Of lis
Own Bid-Vice Chancellor
Emery Refuses a Stay.
ITS PAYING CONTRACT THE PRETEXT

Vice Chancellor Emery, this morning,
granted a rule to show cause why the
Consolidated Traction Company should
not be restrained from tearing up Mont
gomery street, and why the Mayor and
Aldermen of Jersey City shout not be
restrained from permitting Bernard
Shannon to rebuild the sewer in the
street. The petition for the injunction
was read by Lawyer Clarence Kelsey,
representing Messrs. Sheridan, Shea &
CO., the contractors for he requirement.
of the street from Hudson to Warren
streets.
They contend that they are ready to
go ahead with their contract, but If Mr..
hannon be allowed to tear open the
street and dig a big trench for the sewer
construction they cannot operate their
steam roller. The Vice Chancellor would
not grant a restraining order because, he
said, the city should be heard. 1t might
be that the sewer construction was a
question of public health, and the Court
of Equity would hesitate before holding
up the work. The order was made re-
turnable on Wednesday, in Newark.
The Sheridan & Shea Company also no.
titled Acting Chief Engineer Van Keuren
that it intended to apply for a writ of GER
tiorari to have the grant of the contract
for repairs to the Montgomery street
sewer to Bernard Shannon reviewed be-
fore the Supreme Court. Should the APP
plication be granted, delay in the repairs
to the sewer will necessarily follow.
Twenty-Five hundred dollars were appro-
priated by the Finance Board to pay for
the repairs to the sewer in response to
emergency resolutions passed by the
Street ard Water Board. The city is
waiting for the Consolidated Traction.
Company TO move its tracks, so that re-
pairs upon the sewer can be Immediately
Communicated.
The Sheridan & Shea C~ompany's con-
tract for the repaving of lower Montgom-
cry street has not been completed. h
ompan bid for the contract for repair
ing the sewer between Washington and
Greene streets, but Shannon's bid was
lower and he was awarded the contract.
Tie Sheridan G. Shea Company recently,
through its counsel, Marshal Van Win
klc, filed a protest with the Street and
Water Commissioners. The protest set
forth the company had contracted with
the city to repave Montgomery street be-
tween HUDSON and Washington streets,
under the ~supposition that the condition
of the street would not be changed be-
tween the time it entered Upon the con-
tract and the time for completion, as
agreed upon. The protest set forth fur
Their that the proposed repairing of the
sewer would seriously interfere with the
conlpany's contract and cause it positive
loss and great inconvenience
Before giving orders to Contractor Gan
non to go ahead with the work OF repair
ing the sewer, Commissioner Heintze,
mittee of the Street and Water Board,
obtained the following legal advice from
Corporation Counse job A. Blair
Jersey City, March 3, 1898.
Ferdinand Heintze, ESD, Commits
sioner, ETC.. Jersey City.
Dear Sir-ln the matter of the re-
construction of the sewer in Mont
gomery street. between Greene and
Washington streets, the bid for doing
the work by the contractor, Bernard
next lowest bid of Sheridan & Shea,
which ranges from $3.50 to 1913 per
running foot. The advantage to the
city is so largely in favor Of the bid of
Mr.. Cannon that my view is that the
work go TO him. In my judgment the
doing of the work by Mr.. Cannon will
not necessarily interfere with the con-
tradt of Sheridan & Shea for the re-
paving of that street.
Very truly yours,
JOHN A. BLAIR.