The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1899-02-25
exercise the option of purchasing the

exercise the option of purchasing the
works.
The specifications require. under the
title Quality of Water, that the water
to be furnished must be pure and whole
some for drinking and domestic purposes.
That If the villages, boroughs or cities OF
Port Oram Dover, Rockaway, Boonton,
Butler, Bloomingdale or Pompton or any
other municipality in New Jersey, or
Suffern, Hilburn or Tuxedo Park or any
other municipality in New York or any
citizen thereof or any manufacturing es-
tablishment therein, or on the stream pc
low said villages, boroughs or cities shali,
| in the judgment OF the Hudson county
Board of Health, seriously pollute the
water supply at any time prior to the
purchase of the works by the city. the
contractor, upon notice by the city of the
existence of such pollution, shall forth
with prevent such pollution, and that all
powers possessed by the city shall be
exercised in aiding such prevention. The
city shall not be bound to accept any
plant or water therefrom until the sup
ply is free from pollution. The words
'or any other municipality are inserted
for the purpose of embracing any po-
litical division of the State not enumerat-
ed, and Jersey City is relieved from all
responsibility either to take the water or
purchase the plant until the supply is
free from pollution.
The statute law of the State amply pro-
tects potable water from pollution and
makes the forbidden acts criminal Of
fences.
1t is presumed that with the assistance
of the city and the Board of Health the
contractor will be able forthwith to pre-
vent such pollution TIE f presumption sn ls
| however, the contractor fails to accom-
plish this purpose the loss will fall upon
him and not upon the city, as there IS an
| express provision that the city shall not
be bound to accept any plant or water
therefrom until the supply is free from
tractor stipulates to produce certain .'e-.
suits by the work he undertakes, ana
| where he receives no compensa ton unless
the result is attained, the insertion in
specifications, of the precise manner IN
which the work is to be done, IN order to
attain that result would weaken the OBJ
legation on the contractor rather than
strengthen it.
If municipalities have acquired the
right to pollute the watershed or the
source of supply, and are not within the
may find it necessary to make sewers
and sewage disposal works in order to
for that case that the eighth section
| specially provides, that it shall not De
charge upon or expense to Jersey CITY
| If however, they pollute either in viola.
| tion of the common law or the statutes of
the State, the contractor would appeal
to the courts to prevent the pollution
the Board of Health of Hudson county,
and it might not be necessary for him to
dispose of the sewage of the municipality,
manufacturing company or citizen; pl{
| in any case the result of pure water must
| he attained and permanently secured Dc-
fore Jersey City can be. called upon to ae-
| cept the water or purchase the works.
1t may be suggested that although the
water may be of the quality specified and
| free from pollution at the time when The
works are completed and while the city
is paying for the water, and although il
may also be as required at the time It IS
delivered from completed operalins
plant free from pollution, that it is pos
sible that at some time afterwards IL
might be polluted, but it will be OBJ
served that Jersey City reserves such rea-
sonable time to test the works, and the
water supply after completion and be-
fore the acceptance thereof for purchase;
as Jersey City may deem necessary and
such test shall not extend beyond four
years and eleven months from the cate
| of the contract. Now, II the quality Q.
the water is such as is contracted for at
! the time of completion and remains SO
during the testing period it would not be
possible for any munlclpality A c4rpordd- t 1l,d
lutte the water supply by prescription or
otherwise If parties who might be in
position to make such a claim permItfed
supply to continue for such length of
time. they would violate the criminal law
of the State by any attempt to exercise
1t would be unreasonable to ack a con-
tractor to guarantee that the Grand
Juries and the courts of the State should
\ do their duty.
All contracts are made under the pre-
sumption that the laws of the State are
operative. If the means provided for the
protection of the purity of the potable
water of the State prove ineffective, it
would not be the fault of the contractor,
EQUALITY of Water" it is provided that
if any municipality in New Jersey or New
York or any other manufacturing estab-
lishment shall in the judgment Of the
Hudson County Board of Health serious
" pollute the water supply prior to the
purchase of the works by the city, the
existence of such pollution shall forth,
with prevent such pollution. That all
powers possessed by the city snail be
exercised in aiding such prevention ana
the city shall not be bound to accept
any plant or water therefrom until the
supply is free from pollution.
The result of the various provisions IN
the contract taken in connection with
the law of the State is that if there ex-
lists at this time in any municipality, cor
poration or individual a right to pollute
the water shed or source of supply, the
contractor must permanently determine
that right before he receives any COM
pensation. That if he is permitted 10
construct his works and furnish pure
water and Jersey City takes advantage
of such time as it deems necessary TO
test the permanence of the purity OF the
supply that no municipality, corporation
or individual can thereafter .pollute the
same without violating the criminal laws
| of the State. That under the agreement
the contractor stipulates, as far as It IS
|.
| the water shall be pure and free from
pollution and that failing to accomplish
| It. he does not fulfill his contract and
will make a vast expenditure Wnlcn may
result in total loss.
7 am of opinion that the agreement
submitted to me is a proper and legal
paper and that in its provisions the city
| is amply protected against pollution of
the water supply which the contractor is
required to furnish.
(Signed) JOHN P. STOCKTON.
| Jersey City, February q, 1899.
When Mayor Hoos was holding the con-
tract back no one knew just what the
trouble was. Nor would he enlghten his
| most intimate friends. 1t now develops
! that he was consulting eminent lawyers.
The original contract which the Mayor
| insisted should be executed, did not, after
| its preparation, please Mr. Flynn. He
wanted a supplemental contract made. To
that proposition the Mayor objected and,
as told in sThe News" yesterday, it
looked as though all the proceedings
would be abandoned. The consent of Mr.
Flynn to accept the contract as published
| settled further trouble and Mayor Hoos
| and members of the awarding Boards are
now happy.
! Mayor Hoos declines to discuss the
water subject further than to say
II am satisfied that I have done my
| hnna tn