The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1902-03-20

piled Mr.. G. L. Record. There are said
to be cases where the court will not con-
s.der liquidated damages. They VIII look
onsy at the actual damages. It is always
hard to collect The court is always WITH
the one who must pay and it demands
the strongest kind of proof by the pain
tiff in such cases 1t would be easy
enough if the court would consider that
the term 'liquidated damages was suffi-
cient, but it does not. l would suggest
that you will have to consider this IN
legal fight 1t will be fight if it ever
gets to the courts The other fellow W II
ight to the last
Doesn't liquidated damages mean, =
asked President Smith, damages whether
they amount to only five cents or SCOOP
THAT is the intention in the contract,
but court viii not look at 1t in that
light, replied Mr. Record.
II asked a prominent lawyer if the 500
could be collected He asked me if / ever
heard of a collection being made. | told
him that l had not, but that as he was
lawyer 1 thought he might have heard of
some being collected. He said he had
not. . remarked Commissioner Lembeck.
How could you ask damages until after
the works are completed? Then only we
could know what we suffered. | have
figured it all out and 1 find that the city
would be damaged to the amount of $l26r-
OoJ per year making all allowances for
concessi ions. We had better wait until
we finish the work and then sue OBJ
served Mr.. Garwood Ferris, consulting
engineer.
would it be advisable to waltz" asked
Mr.. Lembeck.
sTlhat is the only way we can arrive
at the amount of damages said Mr.
Ferris.
Let us get to the question. It is
whether we should grant the extension
Of time and under what conditions, put
in Commissioner Abernethy.
..If we proceed along that line we may
arrive at some conclusion said Mayor
Pagan.
IF we don't grant the proposition Of
the East Jersey Water Company they will
Withdraw their proposition for a tempo
rary supply said Mr.. Abernethy
DO you mean to allow the contractor
off without any penalty?" asked Commits
sioner r. Heintze
LET US talk as if we were not afraid
of saying something, said Commissioner
A. Hauck.
Il don't know why anyone should be
afraid to say what he thinks, remarked
the Mayor
The Street and Water Commissioners
are not afraid to say what they think.
We have made proposition said Presi-
dent Smith.
Your proposition has to do with a
suit. 1t has nothing to do with the ques-
ton of time" said the Mayor.
Let us know what you want and will
approve retorted President Smith
you make no proposition said the
Mayor.
1--WE are here to exchange views" said
President Smith.
81 am here to listen, not to discuss
This is a matter for the two Boards, sald
Mayor Pagan.
Your views are paramount. These two
Boards might talk until doomsday and
you would wipe out all we did by veto
We should like to hear even whisper OF
your views. said President Smith.
Asked if he would consider the propo-
sition for time extension, President
Smith said:-"Not at the present time. We
want the views of the Mayor"
What would the Mayor be ready to
stand for in this matter?" asked Com
missioner Brock.
II will consider what you have to say
and do You may do something that l
will not veto. I am averse to making my
views public at this time" replied the
Mayor.
"We should make these conferences
private Views are given here and politi-
cal capital made of them in partisan
press. You will never come to any con-
clusion in this way" said Mr.. Brock.
"There should not be any politics here
When 1 enter this room 1 leave all poll
tics outside I am working for the best
interests of the city" said the Mayor,
grandly.
IF that is so the organ of your party
has taken a peculiar stand" retorted
President Smith.
81 cannot say anything about that, .
said the Mayor.
1.-The Mayor does not edit the paper"
explained Mr.. Abernethy.
ssThen there are leaks in his office some
WHERE was President Smiths stinging
reply.
Il think that Mr.. Brooks idea of Sc
cret conference is a good one. We would
have better results. 1 don't think 1t is
right to tie the Mayor down to a course
of action and ask his views. The city has
been damaged and Flynn should pay
There should be no politics here cooed
Commissioner Ringle.
81 want to be fair. but will not be
bound to anything beforehand" was the
Mayors final remark.
The motion to adjourn was adopted.
Mayor Pagan, when asked this morning
what he thought of yesterdays confer
enee, said he had nothing to say at this
time.