The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1899-04-12


~ fuiiy display the oDleets ana purposes
10 De eonsummatea Dy tne conllaess y -
iiiaue win iie sueSessAu. ~
1 90 not perceive the siieh'ese iouiua. a,'.
lion IN laot or ia" TOT the co'l'e,i'aoi 10
the proposals are not upon ueiiiii.e piaa
Aiio.ner opJect'on 40 'iia .ie - =
one OF lmpossapie performance anu '''ei
iore soiu anu ine2ai ~. j., +na
is - oaseu opoi. , - .s-s.aa.ssx,+ ~
- co'i.s4is9 -,,.,, .r,,,a
ploVision .na. 'ne eoA.-sas 80, .,,rs,,,,. and
eiie oi'y ','io ~ -. - so,,a,,+y
"a.ei iihsi.s' ~ - it, = . tasL
iiiiiiohs u saiions .xs..~a~,,, ~
"i'iei - i.np la -, a~tstins or
aAs - -' : -, - :. =. t,o oraa,ed
80. ss.ss ss,,.,,t 10 given to this
.. 80 - s,,,,,sosa Il will, he at
4,at q is u,,thtn the range
80 % eo'.seae 80, -. rvtr, could he s,,n-
-, -, II s,,a,+,tv of wafer or in
- - w. -, 49,, ,,,h;oh nav he axer-
49,, - t,t,a ~ Tarsav CIV 10
- - mater No facts have
- -. o.,a,, t,,fora,t,a,,y which
ss,al - 80. ,ssrtaring ana an This an
s,a,r,a,,t "a ,aast nnst he
-, ,,,s.os r,,,.,+ ~ cert;ordri
H',, S'eD,isiieo ,a.a,;t,, - : con.
-. . 49, ro1o ,rro,,nd tqnat Il was of
..s.sss,,,,s ,,o,,e,,,r,a,,,.
D. - ts,s+ 5..ti,,;+, .,ro,,,,d ,,ron which
this at,iso+,or e basad is that the ner
.e.,...,so 80 tha oo,trsct invo,ves the
-. =. 49, .atar fra,,, +ta poclxawav
-. - paor,tav, ar,a +ba+ the towns
-, 1,.. ,.a,,a so,ra.d,, on
propriated the stream for public water
supply for their inhabitants. Besides 1t
is alleged that the supply of water to the
Morris Canal must be maintained from
the river at Boonton, and that after sub
tracing from the flow the amount thus
withdrawn there will be a remainder OF
not more than seventy millions of gallons
daily flow, and that the rights of the
Morris Canal Banking Company is prior
and exclusive right.
Therefore it is contended the contract is
one impossible to be performed.
But / cannot in the first place allow
certiorari on this ground without facts
before me which clearly sustain these
propositions There is no contention of
fact here which bears any substantial
basis that the contractor cannot develop
the capacity of that waer shed so that the
prior rights to water from this river If
they wish cannot be amply protected ana
still the water area produce enough TO
comply with the terms of the contract.
He has the right under the law, through
and by virtue of the contract, and the le-
gal machinery therein provided TO CON
tract for, and purchase water, trade for II,
and condemn in the name of the public IN
order to obtain this water. The city ls
interested only to the extent that the sup
ply is created and furnished underline con-
tract, and every legal right can be exerteo
by the contractor to obtain 1t, ana ne can
exercise every method OF scientanc ehsiIl-
eering in the effort to make TINS Waterarea
produce the water required by the can
tract and to say generally 0hat Inns -
infEbssible of attainment is 10 say "iia'
we know nothing about. MY examinations
of the case as presented does moi STOW
a single fact from wnlcn TINS coheiusio'i
can be drawn or inferred, anu peioie
writ can be aileWeo upon suon
ground which Will operate 70 s.ay az
effort to perform the contract al leas'
question of grave debate must pe. pre-
sented. 1t is not to my nina preseilteo
here
1t must be remembered tnat al az
tempts to complete this contract is at Tue
risk of the contractor II ne 1alis thal 10
hA1