Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1910-04-06
WATER COMPANYS
TRAP BAREO IN
CHANCERY FIGHT
Jersey City Counsel Picks Out
Staten Island Clause at
Injunction Hearing.

That Jersey City, through it's counsel,
Warren Dixon, is determined that the
New York and New Jersey Water Com
pany shall not carry and sell water to
the borough of Richmond was once
more made plain before Vice-Chancel-
lor Stevens yesterday afternoon at the
hearing on the return of a rule to show
cause why it should not be restrained
from interfering with the laying of
pipes at certain street-ends in Jersey
City. Bayonne, through Conover Eng
fish, who is associated with Robert H..
McCarter as counsel for the water COM
pany, applied for the injunction. De-
cision was reserved.
According to the story unfolded by
counsel in the argument,
already has a main leading from Jer-
sey City. but van the second main
as a reserve supply in case of accident.
Objection had been raised by Jersey
City, out Bayonne took
proceedings and made a tender OF the
amount decided upon ~ the commls-
sioners. This was refused ana the
money was turned into court.
"HoWCVer,' said Mr.. English, 'Wooi
our men appeared to carry Oh the work,
a number OF policemen APPEARED ana
threatened to arrest them. This re-
suited in a complete suspension OF opeI-
ations. and is the cause of this appn-
cation"
Mr.. Dixon then stated to the court
That the condemnation proceeding had
been carried up to the supreme Court,
but a decision had not yet been rem
dered. Mr.. English interrupted MI.
Dixon long enough to remark that Jus
tice Swayze, who had allowed the
writ of certiorari, had refused to grant
a stay of the condemnation proceed
ings.
Mr.. Dixon then brought out what APP
peared to he the water company trap,
He said that mention was made in the
contract that if the New York ana
New Jersey Water Company was also
to supply Richmond the pipe must be
at least thirty inches in diameter.
This, Mr.. Dixon said, was the express
idea of the water ~company-to supply
Richmond. Mr.. English said this mat
ter was purely incidental and had no
bearing on the case.
Mr.. Dixon then called attention to
the case of the borough of North Ar
iington against the water company, and
Bayonne. and said the cases were prac-
tically similar. He said this case was
also in the Supreme Court and a de-
cision awaited.
But said Mr.. English, Il believe
in that case Vice-Chancellor Howell
said that 1t was none of North Airing
TONS business if water was sold to
Richmond
Vice-Chancellor Stevens then re-
marked: off I do enjoin Jersey City,
don't you think I will be anticipating
the decision of the Supreme Court?"
To this Mr.. English replied that the
condemnation proceedings, the subject
matter in the Supreme Court, were
taken up merely on technical grounds,
and the real merits were not entered
into.
But" said the court, there is an es-
tablished rule that when the rights are
in question no preliminary injunctive
order should ISSUE"
But, your honor" said Mr.. English,
when Justice Swayze denied the stay
he allowed the work to go On, and
your order would be to merely continue
what he had done"
1.-The only difference being, Mr.. Eng
lish," smiled the court, that his order
is negative, and mine would be direc-
tive. l shall take the papers"