The star and Newark advertiser. [volume] (Newark, N.J.) 1908-1909, 1908-06-04
Municipality to Get $7,5OO,00O
Plant at a Reduction of
100000.
CONTRACT IGNORED BY
COMPANY, COURT HOLDS
Vice=ChancellOr Says Cost of In
terCepting Sewer Is Not
City's Burden.

Vice-Chancellor Stevens today signed
a decree in the suit brought by Jersey
City against Patrick H. Flynn and the
Jersey City Water Company, in which
the municipality wins practically every
thing foR which it contended
The city will get possession of the
plant upon payment of the contract
price, $7,595,0O0, less a number of de-
duetions, which amount to more than
100000, so that the city will have to
actually pay less than $7000,o00
The decree justifies the stand the city
took that the contractors did not full
fll the terms of their agreement.
One of the largest items which will
be deducted, in addition to the $780,
600, is the cost of establishing an in
tercepting sewer and drains and sew
age disposal works capable of pre-
venting the contamination of the Rock
away River above the Boonton reser-
voir by the sewage from Dover, Boon
ton and Hibernia. This cost will be
settled hereafter by the court. The
opinion of the court is practically that
the contractor must protect the water
plant from contamination.
The courtp ermits the defendants to
suggest plans for a sewage disposal
plant within ninety days, in lieu of a
sewer system. Both parties may pre-
sent evidence on the suficiency of the
plans. Former Chancellor Magic is
named as master in chancery to ascer-
tain the probable cost of the plant or
sewers.
The court directs that 100000 be re
| tanned from the total contract price
until it shall have fallen due; chat
$4,000 be retained until it is ascer-
tanned whether the 72-inch pipe under
the Hackensack River is in compli
ance with the terms of the contract;
that $500 be kept as a penalty for
delaying the completion of the work;
that $1S,500 be deducted because the
invert in the Watching tunnel was
built with gravel instead of cement
bottom; that s1,440 be kept to pay for
half the cost of a fence around the
Boonton reservoir; that the estimated
cost of acquiring riparian rights yet
unsecured shall be withheld, the costs
to be determined by the court here
after
Either May ReappIy.
Leave is reserved to either party to
apply to the court for further orders
OF DEGREES as may be necessary to
make the decree effective, cor to pre-
vent forfeitur arising out of the in
ability of the city to raise and pay
/ the purchase price within the time
! fixed by the decree by reason of llti-
CATION not instituted at the instance
or request of said city, based upon
any of the resolutions or proceedings
! taken by said city or any of its boards
or officers to raise and pay the pur
| chase money"
| The apportionment of the costs of the
suit is unusual. 1t is ordered by the
/ court that "the defendants pay to the
complainant the costs of this suit, in
cluding three-quarters of the expense
of procuring a copy of the stenograph-
er's notes and three-quarters the cost
4 of printing"
| William Fl. Corbin, in arguing on the
! form the decree should take, asked that
| the city be compelled TO pay for the
plant within two months. James b.
| Vredenburgh, for the city asked that
the time. be made six months. The
e-chancellor settled the matter by
| compromising on the time, and made
the period four months. He stated that
! if the city needed more time to procure
! the money to pay for the plant, he
would make a proper extension upon
application.