The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1900-03-09
EAST JERSEY SUIT
Newark Commissioners Con-
slider Petition to Court
to Chancery Against
the Company.
DEMAND FOR CAslsTSAR MADE
Echo Lake Also Asked for
Insuficiency of the Plant
for the Supply Reason
for the Demand.
Especial 70 .The Jersey City News. J

Especial to "The Jersey City News."]
NEWAh--, March 9, 19OO.-At special
session of the Board of Works held
Thursday night, the draft of the bill OF
complaint prepared by City Counsel Price
to be filed in Chancery against the East
Jersey Water Company was read in full,
in order that the Commissioners might
| suggest any alterations or additions oc-
curing to them. Very few such sugges-
tions were made, the members of the
Board agreeing at the conclusion of the
reading that Colonel Price had about COW
cred the ground.
| 1t took almost two hours to read the
bill, which recited in full the several con-
tracts between the city and the company.
the bond of the company to the city, the
deed of the company 10 the city and a
| schedule of the property claimed to have
been transferred hereunder. Despite
| Colonel Prices request that there be no
| interruptions until the reading should be
concluded, questions were asked or COM
ments made from time to time during its
progress.
The first of these came when Colonel
Price read from the bill the declaration
that under the contract the company was
| bound to furnish a watershed whlcn
would yield at least 5O,OOo,OO0 gallons daily
forever.
'Presuming that we pay for it and in
ten years time it would not yield 5O0OO,-
| GEO gallons daily. what then?' asked Mr..
| Ballard.
have to take the risk.
What is the use, then, of the word for
! ever?' " asked Mr.. Ballard.
! Mr. Herr said that the word was of no
use, unless it could be shown at the time
of the delivery of the plant that it was
not likely to yield 50,0O0.0G0 gallons daily
! forever. A little later Engineer Sherrerd
suggested that to the claim of the city's
right to IAN works constructed in full
! filment of the contract" there be added
'and in the watershed so as to establish
a claim for Canistear.
| In describing the first supplemental
contract, the bill declared that it was ex-
| ecuted only for the purpose of giving the
! company more time in which to carry out
the original agreement, and not as an ac-
acknowledgement that it had carried out
| that document. Mr.. Van Duyne suggest
ed a phrase setting forth that under the
supplemental contract the city did not
waive its right to make the final payment
of 100000 either in cash or bonds. A
note was taken of this
! The bill set forth that the Oak Ridge
and Clinton reservoirs being insufficient
| to provide absolutely for flow OF 50000,-
600 gallons daily that Can1Stear was
built, and that the water therefrom must
flow. into Oak Ridge and thence into the
intake reservoir. The bill declared that
Canistear .is required and necessary for
! this purpose" of providing the prescribed
| flow at all times. Mr.. Sherrerd's sugges-
| tion that the bill explain that CaniStear
was built about the intake reservoir. and
| that the contract forbade the diversion
| of water from above that point, was sug-
gested.
| After telling that the contract required
! the company to make and supply such
| appliances that all parts of the city
should be supplied by gravity pressure
alone, the bill recited that the city was
| compelled to pump to the high service
districts, incurring an expense of about
$2S,300, and that the company did not
supply the district by gravity pressure
| until many months afterward. Neverthe-
| less, the bill set forth, the company re-
| fused to recognize the city's bill for
/ Describing how the company had ac-
| quired certain rights to draw the water
/ from Echo Lake and had increased the ca
] pacity thereof, the bill went on to de-
! clare that these measures were required
| and necessary or would be, in order
| that the flow of 50,000,000 gallons might be
/ maintained at all IlI1l6S.
The telephone line in use by the COM
| pany was next described, and declared to
| be necessary for the operation of the
plant and it was asserted that the COM
pany had failed and neglected to- trans
! fer to the city the line, its appurtenances
| and rights of way. 1t was also shown
| that the city was not advised as to what
rights the company had in Canistear and
| Oak Ridge.
| Narrating how the several demands up
| on the city for Canistear and Oak Ridge
| reservoirs and for other rights or prop
| critics claimed had been refused, the bill
declared that the works were incom-
| plete and not in good repair though the
| contrary was required by the contract.
| The bill then proceeded to the several
prayers for relief They were as fol-
! lows
That the company be commanded to
perfect title to all the lands in the water
1 shed; that it be required to convey Can
1 istear and all its works and its rights in
| Echo Lake to the city; that it be com
Ridge. Clinton and the intake reservoir;
that it be commanded to convey
| the telephone lines and rights of
way to the city, and also such
additional rights of way on either or both
| sides of the pipe lines as might be neces-
pairing the pipes; that an account be
| taken of the expense incurred by the city
in pun ping and that the amount with in
| terest be allowed as credit TO the city;
| that the company be compelled to accept
1 either bonds or cash for the final payment
Of 81. .OOO. eco. as the city might elect, and,
finally. that the court grant such other
and further relief as might be required.
| Mr.. Van Duyne's suggestion that a
clause be inserted requiring the company
to indemnify the city against claims for
4 damages by riparian owners on account
- Tho divarson of wafer was noted after