The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1899-08-30
No Reason Why the Flynn
Water Contract Should
Be Reviewed.
UNANIMOUS OPINION OF JUDGES
Frivolous Litigation Will Cost
Jersey City About $4,000
--History of the Case. g

The Supreme Court Of this State has
put the quietus on the attempts to knock
out the Flynn waite rcontract BY dismis-
sing for the third time an application
for writof certiorari
This last case was technically. 'Dud-
ley Flemming ct al Jersey City, etc."
and the opinion fled yesterday. by the
court and telegraphed to the News this
mornis, is as foilows:-
ssAt the last February term of this
Court the above applicants sought to
obtain a writ Of certioram to review the
contract made by the city of Jersey City
with Patrick H. Flynn for a municipal
water supply. The reasons on which the
application was based were not such as
to Justify the allowance of the writ. ana
their application was therefore denied.
They now renew their application on
other grounds which existed at the time
the writ was originally applied for. The
public Importance fthe matter has led
US to consider upon the merits OF this
application without passing upon the pro-
priety OF the practice adopted, and the
conclusion which we have reached is tnaI
the reasons presented afford no ground
for the allowance of the writ.
ssThe application denied"
The history of the litigation over this
contract is interesting, but expensive to
the city. 1t was begun by ex-Congress-
man Thos. McEwan for the sole purpose
of harassing a public measure and gam
ing thereby a little cheap notoriety. II
was in December last that the municipal
boards Of this city made the award Of
contract to p. H. Flynn to supply Jer-
sew city with water Mayor Hoos APP
proved the resolution on February ], and
the contract was formally signed by all
the parties on the night OF February q,
this year.
Then Mr.. McEwan bounced into view
Having large stock Of brothers on nana
he began with the first one and with
Messrs. Dudley D. Flemming and Angus
tus v. Booraem as co-complainants, an
application was made. on March 8 by
the redoubtable Thomas, with Senator
Mahlon Pitney on the side, to Justices
Van Syckel, Depue and Gummere Tor
writ to remove the contract for review
in the Supreme Court. The case was ar
gued and an opinion was given denying
the application for writ.
IN that opinion the Court only consid-
cred the reasons presented by the COM
plainants and intimated that 1t did not
60 into the merits of the case at all. IN
consequence Of this intimation Mc-Ewan,
IN March 2g took another of his broth
ops and made a second application for
writ of certiorari; but this time to JUS
tice Lippincott On this occasion Mr.
Mahlon Pitney, becoming disguised. drop
ned out Of the case The Senator from
Morris county saw through the little game
of the Honorable Tom.
Justice Lippincott, in April gave an
elaborate opinion, in which he refused to
grant writ Not satisfied with this
second rebuff, MeEwan took brother No
and began third application last June
to the Supreme Court, before which body
were argued all the questions involved in
the case That Court, as the opinion
above shows, denies the application in
toto and from that decision no appeal
can be made to the Court Of Errors and
Appeals.
From that opinion just rendered the
Court in effect finds that McEwan had no
standing in court and that the applica-
ton could could have been dismissed for
laches, a legal term signifying negli-
genee and delay. But the Court, notwith-
standing this defect, went into the merits
of the entire case and has now settled II
for all time and to repeat, there can be no
appeal from Its conclusions.
Pending this yexatious litigation. Of
course the work of the contractor to
furnish Jersey City with supply Of pure
ana wholesome water did not proceed as
rapidly as it will hereafter. and the eff
fects Of Mr.. McEwans action has result