The evening star and Newark advertiser. [volume] (Newark, N.J.) 1907-1908, 1907-07-17
COURT HINT IS
ADVERSE TO
JERSEY CITY
Record Says Water Co. Has
Placed Itself in Contempt
Final Hearing in October.

Vice-Chancellor Stevens reserved de-
cision late yesterday ON the application
made by William M. Corbin and former
Supreme Court Justice Gilbert Collins. for
modification of the order signed two
years ago by Chancellor Bergen,
which by its terms shall fix the rate per
million gallons Jersey City shall pay to
the Jersey City Water Company pending
final hearing on the merit of the water
controversy The final hearing will begin
October 12 next before Vice. Chancellor
Stevens. but as Mr. Corbin pointed out
the modified order asked for will be In
effect for two years before the upper
court can pass upon the chancery decree
Robert Carey, James 3. Vredenburgh ant
George L. Record each had turn ar
gulng against the application before th'
court took the papers.
During the close of the session the court
clearly intimated its opinion that the evil
dence presented In support OF the appli-
cation gave valid grounds for the motion
The court asked counsel for Jersey City
what pertinent objection could be advanced
in opposition. and Mr.. Record hastened &c
say that sucn disposition as was indl-
Gated by the question could only be made
for a partial consideration of the case
He disclaimed any disposition to criticize
hut said he felt certain the court would
recognize the necessity for postponing ac-
tion until the whole case was in.
This case has anamolous features" re-
marked the court you say you won't
take the water works and you don't want
the court TO fix the price you shall pay for
UNI mt In
actual possession, yet you are using and
are in actual physical possession OF the
water of the complainant and at his cost
and expense"
Mr.. Corbn suggested that IL the city
didn't want to pay for the water by the
million gallons 1t could make an offer
or bid as part payment
"win you take $6co0OOo7'' asked Mr..
Record.
''I will answer that when You make the
offer" replied Mr.. Corbin.
Mr.. Vredenburgh argued against the
water supplied to Jersey City. He MAIN
tained that It was not wholesome and
that IL 1t had been at the time the works
were to have been turned over the city
would now be the owner and would have
disposed of its bonds long before this.
Mr.. Record contended that the court
could not decide justly on the present ap-
plication without having the whole case
before It, He denied that the city had
made no effort to raise the money to take
over the water works.
II would like to put In my own affi-
davitt." he said. ito show TO this court
what efforts / have made myself to get
this money / should like to submit a
second one to show that this company or
Its agents have placed themselves in con-
tempt of court in their efforts to interfere
with my attempts to raise this money"
Mr.. Collins said the application was one
properly made and that II merely asked
the court to fix upon sum which the
city should pay for the water pending final
hearing and decision. He urged the court
to consider that the only evidence sub
mitted as TO the fair value WAS the price
agreed upon by both parties when the
contract was executed. He said the lower
Of the prices mentioned in the contract.
s34 million gallons, was acceptable to the
water company even though 1t gave Jer-
sey City nine and one-half barrels Of
water for Que cent