The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1902-03-08
WATER GAS
Vague Threats Of 0pposi-
ton to Extension Of
Flynn Contract.
THAT $500. PENALTY
Somebody Thinks the Courts
Would Enforce it But Ad-
mits Serious Objection

There is trouble ahead over the water
contract, Mayor Pagan and certain Off
cials have a proposition up their sleeve.
They propose to spring on Mr. Patrick II.
Flynn, who has the contract for the new
supply. and which contract expired on
February Is last, an ultimatum which,
reduced to plain terms means:
If we extend your contract we must
get something out of you That some
thing, is a daily supply Of water for moth
ing until the works are finished"
This news came from a person supposed
to be one of the several mouthpieces of
the new administration and very accu-
rate one at that. What he says is usually
straight
THE city's position, he said to 4
''News" representative. rs that by the
failure of Mr.. Flynn to complete his con-
tract We are losing large sum of money
day
How do you figure that?'
Well you know the terms of the com
tract BY 1t we are to receive $500 per
day for every day that the contract
wasn't finished. In the meantime we
will have to buy water from the East
jersey Water Company at the rate of
SS5 per million gallons when if we had
our own water works we wouldn't have to
pay that. What with the interest. prin-
cfpai, cost, and no pumping, mind, run
ming the new works we consider we are
losing something by the failure Of Mr..
Flynn to complete the contract. It's none
of our fault that he didn't do it,
aBut suppose Mr. Flynn refuses to pay
Il
fuse to grant him extension of contract
time what then?''
Il don't see what reason he can offer for
not paying the $500 since he agreed to do
SO: unless it is a technical one. I do know
that wfen what is termed the punitive
clause in the contract was mentioned.
Mr.. Flynn's representatives laughed and
told, as I remember the city officials
that they were ready to put on force of
2e90 Italians at the works and finish them
long before the time. don't think there
viii be much difficulty in enforcing that -
But where conditions occurred which
could not be foreseen to prevent the COM
pletion of the contract within the specf-
fed time do you think that the courts
would uphold the enforcement of that
clause?"
u do. was zhis reply.
What about the refusal of the extern
sion Of time?''
'sThat is. Of course, a nice question.
Personally, I think Jersey City ought to
grant an extension for the very good rea-
son that there is nothing else to do, un-
less
Unless what?"
But the News informant was some
what hazy about that. To readvertise
was out of the question. even if the con-
tract was forfeited; to get some one else
to finish the work was quantity to be
neglected; to continue the supply from the
East Jersey Water Company until Mr..
Flynn's company finished the contract at
his own time, and in the meantime the
city probably tied up in complicated law
suit with the Jersey city Water Conn
pany, all composed problem too deep for
him.
"One thing I do know he finally said
''is that the city officials will have, to
meet this in a fair, just and equitable
spirit with. of course, a proper regard for
the interests of Jersey City first. AIR.
Flynn has of course, his rights, and if I
have any say he'll get them
Mayor Fagan and the Boards of Finance
and Street and Water Commissioners will
hold a secret conference over this matter
on Tuesday afternoon. and the result will
be probably the Street and Water Board
will grant the extension, realizing that it
is the best thing to do and the Board Of
Finance will not concur in it which ac-
ton Mayor Fagan will uphold.