Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1911-06-21
CASES
ARE DECIDED BY
SUPREME COURT
Verdict Given Dover Against
Manufacturing Concern Is
Set Aside.
Especial to the Newark start

Especial to the Newark Star.l
TRENTON, June 21.-The Supreme
Court today set aside the verdict of
$751; 8 recovered by the mayor n aid
mi Of the borough of Dover against
the Richardson & Boynton Company,
who were charged with unlawfully and
~fraudulently ~abstracting water from
the borough's water supply. The YER
dict was set aside on the ground that
the amount of the judgment was ex-
cessive.
Two years ago the company decided
to use water for its plants from driven
wells. When the new plan was inaugu-
rated the borough did not mo the
pipe leading to the plant, n 1t was
discovered that at times the company
would open the valve and use the water
supply from the borough's plant.
Because the stenographer's transcript
was not filed with the Newark District
Court within the fifteen days provided
for by law In cases Of appeal, and the
counsel failing to agree upon the state
of facts, the Supreme Court has dis
missed the appeal filed by Charles b.
recovered against him by William
Hauser.
Jersey City Loses Suit.
On the ground that an erroneous
principle had been applied, the Supreme
Court has set aside the assessments
made against the Lehigh Valley Rail-
road Company and other property-own-
ers for the construction of a sewer on
lands adjoining Montgomery street. in
Jersey City. The court holds that the
assessing the whole cost upon the
property -owners, instead of combining
the assessments actually derived is the
basis for the setting aside of the as
sessments. At the trial 1t was insisted
that the assessments in some cases ex-
ceeded the value of the lots.
Fight for Council Seat.
The Supreme Court today refused to
dismiss the quo warranto proceedings
brought by Frederick M. Bredin. who Is
contesting the right of Carrot A. Roos-
ma to retain his seat as a member OF
the Common Council of the city of Pas
sale. Bradin claims the right to the
seat oil the ground thai Roosma's sea-
Is vacant, because he moved from Pas
sale to Clifton, n that because of the
vacancy he Is entitled to the lei
Bradin was elected to the Council No4
vernber 8, 1910. for three ears, and
served until March 20 last, when by the
new census the ward he represented is
only entitled to two members instead
of three. Since March 20 the president
of the Council has refused to recognize
him as a member, and now he claims
that since he was duly elected and
there Is q vacancy because of the re-
moval of Roosma he is entitled to the
seat. The refusal of the president. of
the Council to recognize his claim re-
suited in his bringing the proceedings
which Roosma sought to have dis
missed. The case will now be heard on
Its merits.
p. 5. Railway Loses.
The verdict of $1,000 recovered by
Frank j. Perry, of Jersey City, against
the Public Service Railway Company
was affirmed by the Supreme Court to-
day. Perry sued and recovered dam
age for an assault upon him by of
the employees of the company. The
trouble which resulted in the assault
took place while Perry vas a passen-
ger on n of the company's cars
which was bound for the Jersey City
ferry.
According to the opinion of the STU
preme Court, Perry and his sister-in-
law were about to board a car. Perry
succeeded in getting on the car, and
just as his sister-in-law had n foot on
the step the conductor started the car.
After the signal had been given to start
the car Perry ave a signal to stop,
and the conductor gave another signal
to start again. This led to an argu-
ment which resulted in the conductor
pushing Perry's shoulders through a
glass window, inf1icting cuts on his
back and nose.
warning for Lawyers.
Sounding a warning that hereafter
lawyers who are guilty of acts which
amount to the e-mbezzlement of the
funds of clients. the Supreme court to-
day. in ~suspending p. De Witt Jones,
of Jersey City and Ridgewood, from
the practise of law for two years, the
Court says hat hereafter such lawyers
will be dealt with more severely. 1t
appears that since the disbarrment
proceedings have been instituted Jones
made restitution. The order under
which Mr.. Jones is suspended says:
Mr.. Jones is suspended from prae-
tise for two years. We adopt this
course in view of presidents in this
court. 1t must not be understood that
so lenient a course will be hereafter
followed. Ordinarily a violation of his
professional obligations by an attorney
amounting to embezzlement of his
clients money will be considered cause
for disbarrment. and the restitution
after proceedings are begun will not
mitigate the diaha r~ruaentp