Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1910-01-15
FIGHT AGAINST
ORANGE LIGHTING
CONTRACT BEGINS
Stirring Arguments Are Made
Before Chief Justice in Clash
Over Award.

Argument was heard before Chief
Justice Gummere in the Supreme Court
circuit today on the eertiorari pro-
ceedings brought by Samuel p. David.
a property-owner of Orange, against
the city of Orange and Storms & Co,
reviewing the action of its Common
Council in awarding the lighting con-
tract in that city to the firm named as
defendant. Is
Chauncey q. Parker appeared for the
plaintiff. He set forth that on June :
last a resolution was passed by the
Common Council authorizing the is
suance of 100000 in bonds. which had
not been sold UP to the present time,
and that there was no ordinance pro-
viding for the maintenance of fixtures
and for lighting the streets and public
grounds.
That the special election was not held
in the n required by law was an
other point urged by Mr.. Parker, espe-
cially as it was not specified during
what hours the ballots should be cast.
This point was strongly urged by Mr..
Parker.
Willett B. Gano, city clerk of Orange
has submitted an affidavit in the mat
ter also in which he says thai at the
special election the polls were p be-
tween s a. m. and Z p. m., and that the
ballots had been authorized by reso-
luton of the Common Council, Novem-
Der y. 1908, n that the place has a
capacity, n character suitable for
supplying light, heat and power for
private as well as public use in the city
of Orange.
' -
In the affidavit of James Y. Whittle-
sey 1t was set forth that he was In the
electrical business and a mechanical
engineer for twenty years, and had seen
a copy of the specifications annexed to
the proposed contract between the city
of Orange and Storms d Co. for the
erection of the municipal lighting plant,
and added that they make no pro-
vision o any private lighting or for
any lighting except in the public streets
and public places in the city and in the
pumping station. He also says that the
proposed plant lis only adequate for
the supply Of 400 arc lamps of the char
acter named in the specifications, and
the distributing system is designed only
for that purpose
The chief Justice, after hearing the
argument, decided that he would de.
cid after he had read the afidavits
and looked into the legal points in
volved.
Commenting ON Mr.. Parker's conten-
ton that the election was not legal. in
that the ballots We're distributed by the
wrong person, the chief justice said:
81 decline absolutely to raise a hant
to destroy the intention OF the people o
Orange. They said by their vote tina
they want the law and it does not mat.
ter who printed the ballots. | would
be ashamed of myself If l decided thu
writ on that account. 1t seems to me
a startling proposition that the result
of an election could be destroyed or
collateral proceedings"
Absalom p. Bachman appeared will
Mr.. Parker, while City Counsel Win.
lam A. Lord, of Orange, and City At.
torney Herbert Boggs, of this city, ap.
peared for Mr.. Davis, and Scott Ger.
man for Storms & Co. Mr.. Lord made
the chief argument for the defense
saying among other things that the
proceedings were premature.