New-York tribune., 1907-07-13
TO FIGHT FOR METER.
Water Department VIII Defend
Right an Test Case.

The Department Of Water Supply, Gas and Elec-
tricity does not intend give its power TO IN
stall water meters authorized by the greater
city charter without vigorous legal struggle III
a test case brought By August Swanberg' or NO.
4123 Third avenue. Brooklyn. temporary injunc-
ton was granted by Justice Thomas or the su-
prene Court. and when the department tried to
have this Injunction vacated without argument
Justice Thomas twenty days TO prepare briefs
but refused vacate the first decision
Assistant CORPORATION Counsel James D Bell has
the case in hand. Mr.. Bell has the assistance of
D. D. Whitney, of his department. who has spe-
cial charge OF all the Water Department cases IN
Brooklyn
swanberg is backed by the Liquor Dealers Asso-
citation. whose counsel f. b. Barnun, Is acting as
Swanbergs attorney. One of the association ad-
mitted that in this instance would mean
the saving of many thousands Of dollars to the
liquor dealers Of the city.
In the water Department it was said yesterday
that the saloonkeepers were the most reckless
users Of the citys water and that without the
meter check the city would lose enormously. No
class OF citizens could have brought a test case
that would have insured more vigorous opposition
from the constituted authorities. Mr.. Bell and
Nr whitney should the city be defeated have
instructions carry the case TO the Appellate D-
vision. and decision will not be possible before
next October
The city has two methods of charging for water.
the meter and the frontage systems. The former Is
authorized in section OF the charter. which says:
The Commissioner Of Water supply Is author-
lied in his discretion cause water meters, the
Taftern and price Of which snail De approved pE
The Board of Aldermen. 10 be placed in all stores,
workshops. hotels, manufactures ONCE pulldihss
rublic edifCcs, wharves, ferryhouses. stables ana
IN all places where water is furnlshed lot puslheSs
consumption
Under this the Water Department tried to place
,raters in auartp2ent houses but appeal 10
the courts abrogated the right. In the decision
stress was laid on the fact that an apartment
house could not be strictly regarded as business
house. ..,-.
Tho general and specific provisions Of the charter
were never so strenuously attacked until the
Tionor Dealers Association took the subject up,
and II was said Yesterday that the temporary IN
junction was granted simply to get a ruling O., me
LEGAL status of the charter II the city should lose
this case it would have far reaching effect II
would in fact. according TO lawyer In the employ
of the civ lay the charter open to attack from
every point
II was said Yesterday that the first cause Of the
attack was the provision in the charter which
gives the city the right place meters in build
fngs at the expense Of the owners OF the buildings
II was said that this expense should be borne by
the city that il was business proposition of the
CITY that II derived a revenue from the meter
system and hence should bear the cost OF the
installation of It's measuring plan AS the charter
has given the department the right TO collect Toy
the meters and the work Of installing them. the
municipality will also not relinquish thiS rgh'
without a fight
age system have just been completed They show
that in 1906 the receipts from metered places was
81 g9osI9 o. increase 1905 Of si5052+ SS From
The frontal charges namely, figures based upon tho
extent Of the property, the receipts were for lyJ
s3l A. an Increase of $3.50 $50 SO. An official OF
the Water Department said yesterday %hat II the
city should be compelled to remove the meters the
loss would be least 100000 year and the con-
sequert reckless use OF might nearly double
that figure