The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1901-05-04

| under the claim of the Morris Canal and
Banking Company, there was a question
| as to whether the whole flow was tribu-
| tary or not, but all of the engineers
| agreed that there was ample water to
furnish Jersey City with seventy million
gallons per day for ever and still operate
| the canal.
| Mr.. Edwards then stated that in order
| to overcome this technical objection, he
was willing that the city should, upon
\ the final acceptance of the work, retain
| s2o0,000 of the purchase money until the
happening of any one of the following
| events
| (a) A final judgment or decree of the
| highest court of the State of New Jersey
to which a test case may be carried, that
/ the Morris Canal and Banking Company
| has no legal or equitable right, by pre-
| scription or otherwise, to divert out Of
| the watershed of the Rockaway River at
Boonton any of the waters of the Rock
away River over and above the amount
of water brought into said watershed by
| said canal from Lake Hopatcong and
elsewhere.
(b) The delivery of valid release from
the Morris Canal and Banking Company,
tors, for the benefit of Jersey City, the
first right to the whole flow of the Rock
| away River into said storage at old
! Boonton, so far as the same may be ac-
tually required from time to time TO fur
nish and deliver, with the storage pro-
| vided for in the original contract. all the
| water Jersey City may require, but not
exceeding seventy million gallons of water
| per day.
/ (c) The abandonment under legislative
sanction by the Morris Canal and Bank
| ing Company and its lessee of that por-
| tion of the Morris Canal lying between
Dover and Montville, and the surrender
of all it's rights to the waters of rne
Rockaway River above said proposed
reservoir site.
| Upon the happening of any one of those
events, the 100000 retained is to be- paid
over to the Water Company, with inter
est at S1s per cent
| Mr.. Edwards also desired that the city
should amend the technical phraseology
of the contract and proposal to conform
| to the suggestion made in the above.
I'VE Think concluded Mr.. Edwards.
that Jersey City is as much interested
as we are. You have expert testimony
to the effect that we can supply the stip-
ulated amount of gallons of water daily
if the contract is modified as requested.
You have the testimony of the Canal
Company's engineer. You even have the
testimony of your own engineer, Mr..
| Ferris
Commissioner Sullivan inquired abou.
the leakage of the canal and was re-
ferred to a recently published statement
| Iof hot fbr.
leakage would not interfere with the fur
nishing of tie stipulated number OF gai-
Ions as water supply.
| Mr.. Edwards had occasion to say
''They don't want it modified. They would
rather furnish water to the city as they
are now doing at $4,000 more than the
supply would cost under the Flynn con-
tract.
Commissioner Sullivan said he under
stood that the Canal Company was will
ing to abandon it's claim.
81 mean the East Jersey Water Com
pany. which IS controlled by the Canal
Company. Doesn't want to abandon the
right" answered Mr. Edwards. But no
matter what they take outA You don't
care how much nilkman tdkes out of
his can provided he serves you with
quart contracted for"
Mr.. Ferris, called upon, said his views
had been stated at the recent conference
on the subject He reiterated his asser
| tion that no matter how desirable it
might be to keep the words, whole fiow,"
| in the contract, it was not necessary in
order to secure the furnishing of the
stipulated number of gallons to be fur
nished.
| Joseph A. Dear discussed laws bearing
upon the subject He asked if it was
not true that in case of modification OF
the contract any taxpayer could enjoin
the issue of the bonds. He had talked
with several lawyers who did not seem
to think so, but he met one who did "If
he is right he said, there's no use
talking about modifying the contract.
The better plan would be to go to the
Legislature with an act authorizing the
abandonment of the canal. But the city
made the contract and it went into it
| open-eycd. If it cannot be fulfilled to the
letter it is your duty, it is our duty to
act reasonably and justly with the gen
| tleinan. But what's the use if we have
not the legal right to modify the con-
| tract
Jersey City will have full power to
clear that up,'' said Mr.. Edwards. "The
main question now is the building of these
works. We had power under the contract
to condemn only 100000 gallons of the
Rockaways flow. We asked will you sell?
| They said, Wen SELL y
President Mount said that besides the
Morris Canal Companys rights to the
4 water, it appeared that other companies
also had claims upon the flow.
"But all the other people are below US, .
said Mr.. Edwards. Jersey City can't
take more than 7OOO00OO under present
| agreements. But if as the city grows she
/ wants 100000, 600 gallons we could get it,
Engineer Ferris stated that the request
ed modification was not for modification
of anything prepared in the specifications,
but modification of carrying the con-
| tractors plans into effect.
Colonel Smith extended an invitation to
anyone else who might wish to be heard
but there was no response.
The Board, on motion of Commissioners
Heintze, adjourned to meet Monday morn
ing at ten O'Clock. 1t will hold another
conference with the Mayor and Finance
Board before taking any definite action
on the requested modification of the con-
tract.