The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1899-01-24

Mayor Hoos, this morning, received
from Corporation Counsel McDermott the
letter, which he has been waiting for. in
relation to the proposed award of a wa
ter contract to P. H. Flynn. The letter
also contained the information which the
Mayor desired from Counselor William D.
Edwards, who is looking after Mr..
Flynn's interests.
The letter is as follows:-
Hon. Edward Hoos, Mayor, Jersey City,
N. il
My Dear Sir-The bid of Mr.. Pat
rick H. Flynn proposes to supply wafer
under the specifications adopted by
the Board of Street and Water
Commissioners, and coneurred IN . oyf
of last July and approved by you on the
9Th of that month. and under a form OF
contract heretofore pu4iisheai ve unoeI
whoiesome water The specifications
provide that the water to be furnished
must be pure and wholesome for drink
ing and domestic purposes" II IS TURNER
provided that if any municipality, cltlzen
or manufacturing esta 4 hnGann sn eai,ni IN
Board OF Health seriously pollute the
water supplied at any time prior 10 the
purchase OF the works by the city, me
Of the existence of such pollution, forth
with prevent such pollution, ana II rs
bound to accept any plant or water
therefrom until the supply is free from
pollution. Under his proposed contract,
Mr.. Flynn cannot deliver and claim COM
p~ensation for any water that is not pure
and wholesome for drinking and DOMESTIC
purposes" Before the city can pc opligso
TO accept any water rendered py him, ne
must have taken thorough and effective
steps to prevent pollution. This proven
ton must continue VIII while hs ne ena dei hsvs
completed his works and e5ers 70 supply
the city with water, he win be bound fS
contaminated. The contract prepared pro-
yides that the works shall De 50 con-
structed and maintained by the con-
tractor that the water delivered tnere,
from shall be pure and wholesome and
free from pollution, deleterious LOT orink-
ing and domestic purposes during me
by the million gallons" and that IF
-suehs wefks and supply be purenasea py
Jersey City. they shall be delivered 10
Jersey City as a complete, operating plant
free from pollution as aforesaid.
The contract further provides, as Iol,
lows:-It is further understood ana
agreed that all sewers ana sewage ais
posal works constructed or arranged lot
by the contractor to prevent pollution py
carrying off pollution existing a IN Ine
ranged for by him that in the event OF
the purchase Of the ,n Mare INV so " fSe S opl
lions aforesaid, the operation anu lnalnseT
nance of such sewers and sewage eisposai
works for the pq easags u a5onsSa or
expense to Jersey city,. "a ne fs
preparation of a contract OF this KING, u
is impossible to anticipate an th ha ya 70
overcome in order to give tne clly waa,nedd
that will be pure and Wnolesoms airu
free from pollution, deleterious for drink.
-nr and domestic PURPOSES. anu II
would be unwise to attempt to lncluds IN
the contract any description OF those YIN
self TO deliver water from a shed and
plant of a certain capacity, n ne mus.
bind himself to take all steps Necessary
does not matter whether the sources OF
nollution are now apparent, OF WAelnee
thew Shall be developed in the course %
ali necessary steps to remove, PEI perm nat
nently and in a manner thal wiz NO.
hereafter cause n cn f7nfg, h ass shall
nave done this, he cannot compel the CITY
to take from him a gallon Of water. 10
After the delivery OF wafer snan ornd
commenced. the contractor will De pound
RI keen the supply free from pollutlon
during ali the time hat he delivers water
ia the city. If he neglected TO 90 inns
the city would have ad Two pot r racover for the
water delivered which was not pure anu
wholesome; second, the courts "ouiu oe-
cree specific performance, ,ra
Summarized, I think the condltlolis PR
eented by the specifications, bid ana pro-
posed contract are nou~a-
First-The contractor must, In a~pefHa-
.nent way, prevent pohutloI. or.ov citv
y Second-He cannot compel Jersey Sley
70 take any water until he mas perIna-
nently protected the source OF supply
from pollution. u.hi,a no
delivers water to the city, take sucn
stems. either of his own motion or uhuel
of he city, as VIII Keep liz
supply pure and wholesome ana: lIes
from pollution deleterious for thinking
and domestic purposes. an+
Eonrth-If the city purchases the plant,
the contractor must denver II lr req aniu
make that freedom permanent, put VII
naf Mace any burden of maintenance up
on the city. ,aLo
- brook creek or river of this state
have become the source or supplyins ~
ns1hlic use. they are protected from POI
luton by Section "a, chapter zse, , y =.
sAny person who shall throw, cause 81
hermit to be thrown, into any reservoir
or into the waters of any pono OF iahs
or brook, creek or river OF ms to d
which runs through or along the pofuel
If any city or other municipality, LIZ
waters Of which are used to supply any
aqueduct or reservoir Tor oissrip aaa4 AMI.
rna1 or any offal or offensive mater
whatsoever, calculated to render saiu We
{ers lmp Smells, or shall connect any wa.
ter-closet with any sewer, or other means hs
whereby The contents thereof may L ps
convened to and into such pond, or Iahe
ar brook. or creek, or river. or reservoir
n shall SO deposit, or cause or permit <
be deposited, any such carcass, on oa ah,,e q
other offensive matter tnat the waSlils
- -. s4a therefrom shall or may be con-
seeved to and into any such pond, or lake
or brook. or creek, or rivr, or reservoir
sbaIi be guilty of a sdemeanor' Az
90 revised last winter. There IS also {
s9at,ste Of this State which provides ampi'