Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1910-10-27
IER COMPANY
AEATS s5OO,OOO
| FROM JERSEY CITY
Suit, Five Years CD, Is Argued
Again Before Vice-Chan-
cellOr Stevens.
27,04O FULL PAGES OF
TESTIMONY ARE TAKEN
Company Insists 1t Has More
Than Fulfilled Its Contract
With Municipality.

Further argument on the form of the
fiscal decree to be made in the suit be-
gun five years ago by Jersey City
against the Jersey City Wa or Supply
Company was heard before vice-Chan-
ceiior Stevens in Chancery chambers
today, whore William H. Corbin. Of
counsel for the company, urged most
strenuously that the sum of $50O0O0
ought not to be withheld by the city
from the contract price of $'5s5,oeo'
which Jersey City is to pay to the COM
pany.
AT the same time the counsel in the
case, Mr.. Corbin, with whom former
Senator william S. Edwards Is asso-
ciated. and James B. Vredenburgn
special counsel for the city. applied TO
the court to fix the counsel fees ana
the costs OF this most expensive htlsa-
tion. On all the points at issue the
vice-chancellor reserved decision and
another legal tussle Is In sight.
The s5OO,G,O Matter.
ties the s5O0000 was to be retained
until alleged prior rights of the MOTIFS
canal and Banking Company In the
waters of the Kockaway river snan
have been extinguished. 1t was lrgeu
by MIR. Corbin. who was the nrst 10
argue. that a release of such rights 10
the extent that they might affect Ine
water supply system, which Jersey CITY
is 10 take over, has been secured py a
contract with the Lehigh Valley Raii-
road Company. made May IL. 190s' anu
ti.at such release was valid.
Counsel for the city urged with equal
strenuosity that the Sb00,ooOs should oe
reseryed and that to direct its payment
now would make no end of trouble LOT
the municipality.
Fine water Supply.
Mr. corbin referred at length to the
.sn,end,d water supply system, Wnich,
he said. his client had constructed LOT
,ba complainant There was now 2oo
davs' supply In the big reservoir at
I3oonton. he told the court, although
there had been drought during eacn
Of fine last three years. Counsel on tne
ether side smiled when he heard this,
b,,t Mr.. Corbin emphasized his point
NV saving that the plant was really
worth more millions than the munic-
ipality would pay for 1t.
II was contended by Mr.. Vreden-
bureh that what the water company
was trying to do was to beat Jersey
city out of the $500.000 with the IDEA
of then going into another court ana
beating the city. out of It's BOND TOT
the s500,000" .oo
That the city was using 4b'ooo,Voo
Gallons of water a day and was paying
the company $1,360 day was set forth
in an affidavit by J. William Grimm,
the superintendent of water WORKS, ana
read by Mr.. Vredenburgh and useo as
part of his argument to show the ex-
pense the city is being put to in delay
ing the litigation.
City's Large Expense.
Mr.. vredenburg. in urging that the
defendant pay the costs and counsei
fees for the hearing before the special
master, former Chancellor Magic, saio
that the city had been put to large
expense in the matter. In corroborauon
he read an affidavit from Mr. Grimm
setting forth that thirty witnesses were
produced on the park of the mayor
and aldermen in order 70 find out the
value of the water for domestic and
other purposes The cost for expert
Testimony alone, it was set forth, was
upward of $4,000.
ON the other hand, Mr.. Corbin held
that all the appeals taken by the city
were oyerruled and that the munich
pality was responsible for the taking
Of volumes of testimony that was not
pertinent TO the issues in the case
City,x Motive Attacked.
s"rhe city," he insisted, immensely
protracted the evidence on theory
that was falso and with endeavors to
holster up q theory for the purpose OF
breaking down the usefulness of the
devices that were employed to insure
tha nurity of the water supply. We
have been partly successful and they
have been partly successful"
MIR Corbin, when on the subject of
counsel fees, specifically said that he
had not given much reflection to that,
Int had considered the cost. The COM
nany he added. had struggled with
great difficulties through this contract
and the present company was left In
s,,ch a condition that the question of
the disposition of s5oo.OoO VIII deter
,,,,re whether ii will be in bankruptcy
SOlXe0Cy. L ne ClbJ hiANNA SOSAh N,'S
suit. was also argued by Mr.. Coroin,
and II has now "a most admirable and
magnificent supply of water, far be-
yond expectation. and which certainly
cannot be duplicated for twice the
amount it has cost" He concluded by
saving that it was an attempt on the
mart of the city ito enforce sharp legal
rights"
In taking another turn in the argu-
ment Mr.. Vredenburgh urged that 1t
was the defendant that was respopsi-
BILE for the chloride of lime plan which
added so much to the expense of the
litigation and insisted that the city
should bear it, There were 27.04O pages
of testimony taken, he said, since the
order of reference was made.
Best Night school In Newark.
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