New-York tribune., 1909-07-08
OBJECTS TO RESERVOIR
MERCHANTS Association
BRINGS SUIT.
Uants 4queduct Board EnjOined
against Proceeding zcith
Patterson Project.

The members Of the Aqueduct Commission are
awaiting the service of papers on them in suit
brought by the Merchants Association to pre-
vent the construction OF a new reservoir a Pat
terson, at an estimated cost OF S3.2JOOOO plans
of which were adopted March 23, printed
In The Tribune at that time The suit. tax
payers action, Is brought by James H KilIough.
the order TO show cause why injunction
should not be granted being returnable before
Justice Blanchard next Monday. According to
the City Directory James H. Kiough is a prod
uce dealer at No 15T West street. living at No.
5l3 Fourth avenue. Brooklyn
The complaint declares that the acts Of the
Aqueduct Commission in formally adopting the
plan for the new reservoir are illegal: that the
reservoir is not needed. would not be Of any
particular use after its completion. and its con-
siruction would be a waste Of public funds:
that the commission is not inspired by any de
sire To serve the city. hut simply wishes TO per-
pctuate itself; that II has sought 10 create the
impression that the Croton watershed be
used further when its safe limit has already
been reached, and that engineers Of standing are
against the proposition.
John F. Cowan president Of the Aqueduct
Commission, and other members said they knew
nothing of the suit. and that papers had been
served them.
II am glad that the question, IL there is any
question abs,ut the legality Of what We are
doing. has come up at this time" said Mr.
Cowan. NO complaint has ever been filed with
and the Information that the Merchants
Association has filed any suit against us Is
news. II is better that all these questions he
thrhshed out nov than after have got further
along with our plans. We have acted entirely
within our powers and to the best of our knowI-
edge for the welfare of the city No public
hearing was held on the Patterson reservoir. for
under the law creating the commission none
ItuG IL,
sion vas "onsidering the water system as
whole. public hearing was held on the whole
scheme, but the commission had power TO
change the plans without further public hear
ings."
The Merchants Association through Mr. XII
lougn contends that water from the Cats<iIIs
viii he available before the Patterson reservoir
can be built; that the Croton watershed is al
ready overdeveloped; that the commission WAS
legally obligated to give public hearing before
the adoption OF any plans: that no maps or plans
were submitted to the Commissioner OF Water
Supply. Gas and Electricity and that the law
was violated when the commission submitted its
plans to the Corporation Counsel without the
authorization and approval of the Water Com
missioner
The complaint contends that the duties of the
Aqueduct Commission have been substantially
completed, that fer years It has fought any limi-
tdliolS OF It's powers. tnat " maintains large
and expensive legal staff and that the com
mission should Immediately transfer all ITS
papers and records TO the Department of Water
Supply. Gas and Electricity The complaint says
that sufficient water cannot be impounded To Civ
the city more than 1000 600 900 gallons day
although President Cowan says the capacity of
tho reservoir viii he 10000 OOo 600 gallons which
would give much larger daily yield. While
the commission expects TO have the reservoir
filled in three years the complaint SAYS that It
will take a much longer time. The complain;
continues
Said defendants we'll aware that all en-
gineers of character and standing who have
studied the subject for years past concur in
the opinion that the development of the CrOtOn /
has reached its economical and sani-
tary limits and plaintiff charges that the pur-
pose OF said defendants in planning to construct ,
such additional reservoir Is selfish and sinister;
upon the city and constitute waste of its !
money.
The allegations in the complaint are accom-
panied by affidavits from John r. Freeman, !
James H Fuertes and other engineers Henry I
R. Towne, president of the Merchants Assoca
ton and chairman of the committee on water
supply. said yesterday;
The Aqueduct Commission states that the Pat
terson reservoir can be built in three years In
The ease of every similar work hitherto under
taken the legal preimnaries necessary before
actual construction can be begun have occu-
pied upward Of 4 year. In this case important
and unusual legal obstacles exist.
Many engineers of prominence have made
studies of the sal yield of the CrOton water
she'd Among them are John K: freeman ).
I Croes Rudolph Herring William H. Burr
and James II Fuertes Their conclusions are
stated in reports to the Merchants Association
Il 400 and fgO6), to Controller Coler t1SOO), 10
commissioner Monroe G9O3). and to Mayor Nc |
~lellan G9O5) They are substantially unani-
nous in the opinion that the safe daily yield
If the croton basin is from 290.000.000 gallons
10 300, 900 900.