The evening star and Newark advertiser. [volume] (Newark, N.J.) 1907-1908, 1907-12-03
APPEAL LIGHT SUIT
ORANGE COUNSEL HOPES
FOR REVERSAL.
Lord Is Authorized to Take Municipal
Plant Scheme to Higher Court
for Decision.

Authority was given City Counsel
William A. Lord, of Orange by the
Orange Common Council last night TO
carry to the Court of Errors and Ap.
peals the proceedings for the city
municipal plant. The Supreme Court
recently decided in favor of Her
bert Lighthipe in his suit to re-
strain the city from proceeding
with the installation of the plant.
but Mr.. Lord said that the de-
cision of the court was not unanimous.
and that he understood on good au-
thority hat n OF the judges did not
favor the contentious of his two COL
leagues. Dissenting opinions are rari-
ties in Supreme Court Jurisprudence.
hence none was filed. The Council
unanimously voted to let Mr.. Lord pro-
coed to carry the case TO the higher
court.
Orange has sought to establish an
independent plant, owing to the alleged
exorbitant charges for street lighting
of the Public Service Corporation, n
when the contracts for the equipment
for the proposed plant were author
lied Herbert Lighthipe brought pro-
ceedings in the courts to estop the
city from further progress, and won
his case.
Councilman Arthur B. Seymour. a
lawyer, said the appeal would probably
cause a delay of a year and a half. but
Mr.. Lord said the appeal would not
prevent resort to other legislation 70
have the plant established. In other
words, the city may proceed under the
Jones act and submit the question of
building the plant to the people and If
authorized at a special election may
proceed with the equipment of the
plant.
Mr.. Seymour said he did not propose
to obstruct any action by his col
leagues, but called attention to the
courts declaration that the facts urged
by the city did not give the munich
pality the right to construct the plant
and that the city was outside the list
| Of cities which could proceed under the
legislation cited.
The item of cost for the additional
proceeding would probably not exceed
500 for printing, Mr.. Lord said. Up to
the present no costs had been imposed
upon the city, the Supreme Court not
having determined upon the apportion-
ment of cost in its written declaration
of a decision.
Mr.. Lord In his letter to the Council
stated his belief in reversal OF the
opinion against the city If the case
were carried higher up, and he stated
that Edward M. Cole, a prominent
East Orange lawyer. had been re-
tanned by the Crocker-Wheeler Electric
Company to AXE part in the contro-
versy. Mr.. Collie, Mr.. Lord stated.
would aid him in the matter. The
company was awarded n of the con-
tracts which the Supreme Court con-
tended were illegally awardeA
Mr.. Perry. after the letter tenAread,
moved to give Mr.. Lord ths nrt{Tuc-
lions to go ahead with the suit. Coup-
Gilman Seymour asked that the decf>-
sion from the court be read.
'"There may be matters outside of
legal questions that might cause us to
vote against continuing the proceed
ings.'' said he.
Clerk Gano then read the lengthy
opinion from the court, and Mr.. Perry
remarked during the technical talk:
at sounds like Rudolph Hering's re-
port"
Mr.. Herring was one of the engineers
engaged in the work on the water
changes.
Mr.. Seymour. at the conclusion of the
reading, said he wanted to learn what
reasons the city counsel would advance
for the next proceeding, and he thought
the opinion was clear that facts showed
conclusively the city could not go ahead
under the legislation it was acting un-
der to build the plant. Mr.. Perry de-
4 clared the decision was incorrect in
stating the authorities were not in a
position to do certain things.
Why, we have a building, boiler and
plant. and all that is needed is the
machinery said he.
Mr.. Lord said the decision erred be-
cause all through there was reference
to surplus power, when there was not
mention of surplus power in the act
| under which the city sought to operate
the plant.
The Visiting Nurses Settlement in
Valley street asked a suspension of
S73.60 taxes that the amount might be
added to the funds for nursing the poor
free of charge and the middle class at
a nominal cost, and the request went to
the city counsel
The improvement of Essex avenue
was authorized after a petition was re-
celved from the N~eighborhood Associa-
ton asking that changes in the street
curbing and guttering be made. the city
to regrade the street there. Piping. al
engine and other fixtures were ordered
advertised for the Chestnut street
pumping station. A batch of street i'm
provement assessments vas ratified and
the Council adjourned to meet on De-
cember 16.