New-York tribune., 1899-02-13
A PIECE OF LEGAL CHICANERY
MEwAN's ESTIMATE OF THE JERSEY
CITY WATER CONTRACT.


| proposed water contract. and will probably ap-
| peal 10 the courts II It is signed mailed the fol-
| lowing letter to Mayor Hoos Of Jersey City on
| Saturday night
| Where 80 many facts OF vital consequence 10 the
validity Of the water contract have been withheld
Is certified by YOU TO be an authentic draft Of the
instrument itself; also TO have MT Mcpermotts
letter 10 you on the subject OF pollution, in whtcn
! he summaries his Interpretation OF the 'conoi-
| tions presented by the specification Did ana pro-
His position is best understood by arranging his
| First-'"Thc contractor must while be delivers
water 10 the city take such steps either OF DIS nis
| keep tne supply pure and wholesome. and free
from pollution deleterious for drinking and do
second-dThe contractor must in a permanent
! way prevent pollution.
/ Thlrd-"If the city purchases the plant the con-
tractor must deliver 1t free from pollution by steps
| which Will NOT only make that freedom permanent
! bat will uOi place any burden Of maintenance upon
the essential condition il expressed IN the first
pont-au that Is implied ~ ne specInesiton issd on
! in the next sentence il is alleged that the con-
/ ion FOR this statement reliance must be placed
not upon the specifications bat upon the text oi
! the contract. That the Mayor as also the Finance
BOard) did not believe that the duty OF perms.,
nenty protecting the water supply was imposed
upon the contractor Dy thr speciic ons J. svlosne
from MS Insisting That additonai ~ ~
tended 10 supply tnis defect oi ne , sPee'n'a'''''
Of The water are The following, and no others
|
Fifst~Ihe water TO be furnished must be pure
srcond-if The water supply should. AT any time
prior 70 purchase oi ne WORKS ~ me nm ~, ,oico
thereof being given him In due form shall fortn-
with prevent such pollution the CITY Dnd1ns ~
/ self 10 cooperate with him by exercising all It's
/ legal powers in aiding suoh prevention a..
Both the specific tiOns and the opinion OF tns
/ Corporation Counsel contemplate the protection OF
J the stream from sewage pollution by tne eke,c,so
/ OF me police power which may be delsgsted py
the Legislature 10 the sanitary authorities or INC
city. county Or stat IL - admitted ,arna,vs ,n1
method OF remedying pollution - IN former speci-
WheTe a resort TO legal process 10 restrain
offenders l. clearly provided ioT ana no no o,hsr othsr
Ss rs 6 S gt9goSn o boz intended Il eSa %otSs he foO%ns
stipulation inserted in the sPeeiheauon touching
The city VIII also agree to exercise. on demand ot
the contractor all II. iesai po~ers ,ne nEonossd
works: bat all expenses attendant upon the Pr.
yention OF such pollution shHl ps D''he ~ '"'
WORDS THAT HAVE 40 VALUE.
In the absence of specific language 10 that eject
the Obligation 10 permanently" prevent pollution
cannot now be read into the specifications. such
responsibility may attach 70 the contractor Tor
maintaining the purity OF the supply j. based upon
what occurs at a time prior TO any purchase ~
sntees shall be pure and wholesome Is the water
Furnished" by him prior TO any purchase oi ths
10 bind he contractor with respect TO the con-
iinued purity 0f the water supply after tnat tlme
II became necessary on me den" no OF we s'So. %
Board aud the Mayor. 10 Introduce into the coz. s
tract words which II j. tsimrd sn ,bers
specification by requiring mat upon Occ1soh 'hsi5
FOR arising the contractor VIII construct an
al'o@,T %S Jiptercepting sewers and
sewage disposal work.. necessary 10 $50 ~
tri,G ,i,t -, Inc sSeaIdratons on a - pital point
! Do they actually change the contract oohsaNon VI
~ TIM me- w"rds used may have imposed upon some
I Of he fif government.
soutrly nothing to the purport OF the specihcauoh
"jf sueh works aud supply are purchased by Jer-
sey Clty they shall be delivered 10 sald clty as
complete operating plant free rom ponns1n; "a
aforesaid"-i O.. the works are TO Oe construct q
in the manner provided IN SAID speelncd''o"S anu
uropOsal" and necessarily not Otherwise -
In the proposal the bidder ofer- 10 proyld,e y,,cs a
ibs results requied IN the plan and speciaeations
preceding attached and made part OF TINS pro,
for - specinrd sum the waterw0rks and appurte-
n1nces necessary 10 fulhl the requirements of mo
sewers and sewage disposal works are not an
essential legitimate part OF nateIM @ % p s,n,s
Of the sptciications which obviously we're not IN
tended 10 include them ne yhs last previous
specifications of which the pressh, re ~ bsins
stricken out 10 the prejudice OF the citys interests
CLAUSE TO PROTECT THE CITY.
yopr Honor has announced your fixed purpose TO
> bsvs this matter 30 adjusted that the CONTRACT
shall proyide for Z permanently pure water suppT
Al the cost OF the contractor. Permit me 10 sus
b sest that this may be best done-assunhg' VIZ VIZ
. The Executive and Law departments OF the eiV'
that the terms VI tAe contract need nor SonIo' IN IN
strictly 10 the specincetions.p the ''se'"'" -
tne contract OF d clause Ike thls. .o,.. . d, =,
.sxth- The said contractor fEftner coteHa4l.S aa'
agrees that upon the receipt or the noITo; n, Us
vded In the spechcat tons. of tne ihlent.oh % ~
cifv 10 exercise any OF the options 70 puichhss me ne
Waterworks and appurtenahces' styn ~ ,norshs
ceped proposal he Will proceed WITHIN sa n.S ~ "a
to construct permanent interceptns euorovs i
sevvsge disposal works upon plans TO be appfos,s1
nv the stale Board VI Health, "nieh snan oe - -,
aye % meaiershed meu tributary to said waterworks,
pollution or threatened poutioh @ por, Gram
Municipalities or villages OF DoNfp, nd
pockaxay Hibernia. Deayille. PO"erVue So sna
Boonton or IN any other eoninuhs " Ia a. yxster-
ar manufactOry, situated WITHIN lho sa'u ""'
Your Honor and cOmmissOnsr Kinse OF ,hs "a
Ii.Snnt cost TO the city. the contractor shoelS
oblige himself 10 provide tne means o. PEI
R,ysr The failure Of the Corporation Counsel c
insert an effective guarantee therefore IN ane @ Sou
,roct = ha asserting that IL Is there cannon nav
bsen due 70 ignorance or the legal non-enect OF th'
Pretended stipulation 10 that end ,.,.s -, ,.,ss,
CIV 10 point out that there is not IN The puoshst
Jiaft OF the contract single word that blnas ,h
Gon;sasfSr GS TT Mepsrmot kr Edwards Mr. Rnsle o
yourself point out that portion OF ce nosS
when requires It, As piece OF legal chcahety nos %
ing more classical can be found than me eshtn p4ii
agraph OF the published contract Tncs an, M Flyn,
SAYS that H. in the goodness OF MS near pr, M
should build the sewer or disposal works tney shs
gytbns e9si ,Ae cS ana %r Mepermot knows and !, 4
The onlv reference the subject IN the oontrac,
Your Honors delay in signing the eoatraes a,,s ,hs
von are SIN celebrating It's terms and u you nav nav
not waived your demand tnst Jne
works the way IS still open for the insertion OF
= stipulation requiring their construction
: LOSSES BY FIRE.
Two two-story frame houses at Nos $50 ana sf
tsgl tffi lx G-a on