Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1914-09-18
CONTRACT FOR
WELLS INVALID,
UNION ASSERTS
Committee of West Orange Or
ganization Sharply criticises
Town Council.

Captain Herbert Barry at a meet
ing of the executive committee of
the Citizens Union of West Orange
last night presented his report on the
legal committees investigation of the
sinking of test well under the Town
Councils direction on the grounds OF
Chairman Carl Fentzlaff. of the
councils water committee. The con-
clusion reached by the committee will
be considered at an early date by the
union.
The report sharply criticises the
council, and it is expected that an
other law suit will ensue If the coun-
Gil continues with the water-system
plans along present lines. The report
was made at the home of L. jay
Caldwell, president of the union, at
his home in Lawrence avenue.
The report of Captain Barry was in
part as follows
your committee on several occa-
sions made oral inquiries of the Town
Council, examined records in the
office of the town clerk. attended be-
fore the water committee of the Town
Council and pursued other inquiries.
From these sources your committee
makes this report
No option Obtained.
"The location of the well. This is
in the Pleasantdale valley, upon land
owned by a member of the Town
Council, who is the chairman of the
water committee. No option on the
property was obtained by the town
before the work began, nor so far as
your committee is informed. has one
been subsequently secured. The chair
man of the water committee stated
that he had no personal interest in
the construction of the well. but from
public-spirited motives allowed his
land to be used as a convenience to
the town. Your committee does not
undertake to discuss the subject OF
motive.
Wholly apart from this. it APP
pears to be the fact that the town
has no right in the land. and. If the
we'll is successful. Ii places the owner
in distinctly advantageous position
in any proceedings that may be taken
to acquire the property.
GAS stated by the chairman of the
water committee on August 81 the
well had been driven to a depth of
somewhat over 700 feet. 1t had then
passed through the trap-rock and had
reached sandstone. 1t was intended
to continue to depth of $50 feet
The last test, he stated, showed a
capacity of 100000 gallons per day.
but that the well would not be
deemed a success unless 1t developed
900 gallons per day. 1t is ex-
pected to have a further test when
the depth of $50 feet is attained. and,
in response to your committees re-
quest. it is informed that opportunity
will be afforded to witness it.
Gives Terms OF Contract.
1.-THE contract. This bears date
October, 1913, the day not being speci-
fed and bears the signatures of the
mayor and clerk A copy is hereto
annexed. 1t purports to be made pur-
suant to a resolution passed October
10, 1913 There appears to be no
record of any subsequent amenda-
tory or supplemental contract having
been made or authorized. 1t provides
that an eight-ineh well be driven to
traprock and that six-inch well be
driven through the rock.
The payments to be made are as
follows: For drilling and casing to
rock, Sc per foot; for washing and
casing to rock, $3.50 per foot; for
drilling in trap rock Ito 400 feet,
$3.50 per foot; for drilling in brown
stone, $3.50 per foot; for drilling in
quicksand, 81 per foot. No advertise
Ing for bids was had before this con-
tract was let, The provisions of the
law enacted In 1912 on this subject
were not complied with.
These do not conform to the con-
tract. The first bill presented and
paid included the following: "S4
-
foot, $546." In answer to inquiry
the chairman of the water commit
tee stated that the we'll was not
washed" but drilled. The contract
specified only SO per foot-not $3.50
for drilling.
In the three bills thus far paid the
charges for drilling in trap rock have
been: ISL feet at $3.50 per foot Qn-
stead of $500, $50 feet at $3.50 per
foot, las feet at 81 per foot dnstead
of $500. The chairman of the water
committee, in answer to inquiries
stated that these departures from
the contract were due to recon-
mendations of the engineer. and te
the fact that the well drilled in traI
rock was an S-inch instead of q g.
inch we'll. No record has as yet been
found of authority for such increase
in price.
Hold Contract Invalid.
Upon the foregoing facts youl
committee expresses the following
opinions:
I'D That the council has not OBJ
served the statutory provision thai
! renders void any contract in which
a member of the council is interested
directly or indirectly, and the CON
tract In question is invalid.
"(2) That the council has not oh.
served the statutory provision re-
curing a contract for labor. etc, in.
volving the expenditure of more thar
| $500 to be advertised and let to the
lowest bidder, and for this add.
tional reason the contract is invalid
"(3) That in the performance of ths
work and the payment of bills there
is displayed laxity of business meth
DDS.
"(D That the work has been en-.
tered upon without the full consid.
Grafton and scientific data that al
enterprise of such magnitude de-
serves.
"(5) The subject of the water sup.
ply is one of vital interest to every
member of the community, and i
may we'll be that In a wise provision
for future needs of the town. steps
should now be taken to secure g
municipal water supply from arte
sian wells.
1T is not the function of your lega
committee to discuss the merits o.
this question nor to suggest how this
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