The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1899-04-01
HOW TOM RAVES.
Sarcasm and Innuendo His
Weapons of Attack on
the Water Contract.
CONSPIRACY OFOBSTRUCYION
Counsel for the City and Con-
tractor Flynn Burst the
Certiorari Bubble
CONSPIRACY OF CONSTRUCTION

Former Congressman McEwan's appi1ca~
tion for a rule to show cause why q. writ
of certiorari should not be granted to re-
move the water contract to the Supreme
Court for review was made to Justice Lip
pincott this morning. The ex-Congress-
man and his brother George argued in ia
yor of the writ and Allan l.. McDermo-T,
representing the city, opposed it. William
D. Edwards represented Contractor Flynn
The McEwan Brothers represent Dudley
D. Fleming, Augustus Booraem and Fred
erick W. McEwan.
George McEwan opened the argument.
He contended that the award of the con-
tract to Patrick H. Flynn was illegal Tor
the reason that only one bid was SUD
mitted and the awarding of a contract
under such conditions jeopardized the IN
terest of the city. He also contended that
the contractor will be unable to carry
out his contract for the reason that the
Morris Canal and Banking Company owns
right in the water sheds which were vest
ed in the company by the Legislature and
they cannot be abrogated except by
legislative action. Furthermore he
claimed, that the contract is null and void
because no appropriation has been made
for payment The contract calls for 3
cash payment from an appropriation TO
be inserted in the tax levy, while the law
requires that bonds be issued.
Mr.. McDermott said that the appliea-
ton was in pursuance of a plan of prose-
cuton mapped out by certain persons
who seems to be suffering from hydro
cephalus and who have Systematically OPP
pose every effort to obtain a supply OF
pure water for the city.
eve have not suffered so much for the
want of water that we need gold cure
remarking the x-Congressman. intend-
ing to be sarcastic.
Mr.. McDermott said that for ten years
the city has been endeayoring to get an
adequate supply of pure water and had
spent large sum in advertising for pro-
posals The contract awarded to Flynn
is good and legal and no man of sense
has questioned it or alleged that it was
against the interests of the community
II will do my best,'' he said ITO have
Mr.. Flynn withdraw from the contract II
the people who are opposing it can give
me a better one.''
Mr. Flynn, he said, has already expend-
ed 100000 or more in the preliminary
work of carrying out his contract.
Congressman McEwan said that he and
his brother are for the people while the
other side are for Flynn first and the city
afterward.
my charity for the insane" exclairn-
ed Mr.. McDermott. has been strained
to the utmost and shall go no further.
1 claim the protection of the Court
Some hot words ensued until Justice
Lippineott raped his gavel and directed
that the argument proceed. Mr.. Nc
Evan argued on the same line as his
brother George, contending that the
award of the contract was illegal for the
reasons stated. He added that he ana
his clients were actuated by the best OF
motives and have no other object IN
view than to protect the interests OF the
city.
William D. Edwards explained that the
Morris Canal and Banking Company has
the right to dispose of its water rights
without any legislation
Justice Lippincott said he would give
decision next week.