The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1900-08-20
NEWARK TO TAKE CHARGE
Pequannook Water Works
to Pass Into the Possess
ion of That City.

take possession, under the terms of the
contract of the Pequannock water
works, and it is the intention of the city
authorities to take charge of the plant
on that day. This will be the course
advocated by the special counsel en-
ployed by the city. The preliminary plans
to taking possession on the day fixed by
the contract are to be arranged in the
meantime.
Just what action will be necessary
preparatory to the formal taking possess
sion of the plant has not yet been fully
determined. Whether the assistance of
the court will be asked or whether the
plan can be carried out by a friendly
arrangement with the representatives of
the East Jersey Water Company is not
yet known. 1t may be necessary of the
city to employ force in securing posses
sion of its property.
Some of the legal advisers of the city
are firmly of the opinion that the position
of the city in its suit now before the
courts will be greatly strengthened by
the city's having possession of the prop
erty. 1t may be necessary to deposit
with the court the bonds now held in
escrow, or a sum of money sufficient
to secure to the East Jersey Water Com
pany the amount due on the contract,
before formal possession of the water
works can be taken
An intimation was recently made to a
representative of the city by an employe
of the East Jersey Water Company that
the suit could be settled out of court.
1t is understood that the company is
anxious to settle. They recognize the
right of the city to demand the clearing
Of the reservoir sites and the deepening
of the reservoirs on all sides to comply
with the provisions of the contract.
In regard to Canistear, the company is
willing to deed that reservoir to the city
If the city win deliver the bonds now held
in escrow. This would be equivalent to
giving the company 100000 more than the
sum originally provided for, but by the
supplemental contract, under which the
bonds were deposited, the company claims
that the delivery of the bonds was clearly
intended.
The contract provides that the company
cannot divert any water from the Pc
quannock watershed after September "a,
1900, above the Newark intake, and this
would make it impossible for the company
to use Canistear reservoir in any way
after Newark had secured possession of
the Peduannock plant.
The other questions at issue are of
minor Importance and could easily be ad-
justed, but Newark officials are deter
mined that the Court must pass upon the
contract, and this has removed all pos
sibility of an adjustment of any other
description with the East Jersey Water
Company. The difficulties of the con-
tract aare looming up before the counsel
employed by the city constantly. The
courts have been asked to pass upon
the works, but only one legal question
is involved in the controversy and that
relates to the delivery of the bonds or
the payment of the money. Every other
question is purely an engineering prob
lem, and how the Judges of the courts
are to pass on these is problem. The
contract makes no provision for the final
acceptance of the works for the city by
any engineer. but places final RESPONSE
bility on the State courts.
The representatives of the city law de-
partment continued their inspection of
the watershed on Tuesday for the pur-
pose of gathering material for the prose-
cution of the city's suit. The party was
in charge of Engineer Morris r. Sher-
rerd, of the Water Department. In the
party ewere: Prosecutor Chandler w.
Riker, former Judge Child and Cortlandt
Parker, special counsel of the city, and
Commissioner w. C Garrison of the
Board of Works A visit was paid to
each of the reservoirs. including Can
istear Oak Ridge reservoir is still
empty, and the bottom is covered with
decaying vegetation. Hanks pond, Cedar
pond and the streams tributary to the
reservoirs were also inspected