Perth Amboy evening news. [volume] (Perth Amboy, N.J.) 1903-1959, 1915-07-09
SUPREME COURT
AGAIN DENIES
WRIT ON PLANT
Three Justices of Supreme
Court Refuse to Allow Certi-
orari Writ Against Plant.
ANOTHER VICTORY FOR CITY
Action of David MCGregor VS..
City of Perth Amboy, Bond
Companies and Engineers.
BUILDING WORK GOES ON
No Opinion as to Why the
Writ Was Not Allowed is
Given.
BUILDING WORK GOES ON

The supreme court today denied
the application Of David McGregor
and the Public Service Electric
Company for a writ of certiorari TO
review the proceedings under which
the municipal light plant bonds were
sold and the working contract was
awarded. This is the second victory
for the city and it is not expected by
officials here that the Public Service
Corporation will carry its fight fur
ther. Work on the plant will be re-
sumed as soon as official confirmation
of the decision Is received. Con-
trary to the action taken by Justice
]. Bergen in deciding the original
cases, Justice Prenchard gave no
reasons In his written decision to-
day.
The latest actions, those Of
David McGregor and the Public
Service Electric Company against
the city, Its bond brokers and con-
tractors, were decided by Justices
Garrison, Prenchard and Black. as
a branch of the supreme court. The
original cases were brought before
Justice Bergen, of the supreme
court He rendered two opinions,
denying the writ sought. He under
stood that those cases were argued
before him as a single justice by
consent. Immediately upon the
rendition of the decision Joseph E.
Stricken, counsel for McGregor, care
fully perused the opinions Of Justice
Bergen and picked up the point OF
argument before single justice as
basis Of appeal.
When the prosecutor brought to
the attention of the justice that he
had not consented to argue the cases
before a single justice, a new rule
was allowed. Subsequently the Pub
lie Service Electric Company Joined
in with It's engineer, McGregor, and
filed a petition. The cases were 9TH
erwise the same as those originally
instituted. They were argued be-
fore the three justices at Trenton
on Tuesday of this week.
Notice of the courts decision in
the latest cases was telegraphed to
Borden D. Whiting at his Newark
Office today and he In turn notified
Alderman F. William Hilker and
City Attorney Andrew ]. Wight.
1t was stated by the opinion OF
the clerk of the supreme court al
Trenton today that Justice Trench
ard had filed the decision, disallow-
ing the writ sought by the electric
company and its engineer. The clerk
stated that as WAS customary under
similar conditions in previous cases.
the justice rendered no opinion as
to why the writ was not allowed.
Justice Bergen, in his opinions on
the original cases, pointed out that
the prosecutor, McGregor, had not
proved that he was citizen and tax
payer, and that he was legally quail
fed to bring the action he did. He
held that the rule was discharged
"for the reason that 1t does not ap-
pear that the applicant has any in
terest which the proceedings can
affect, as is more particularly set out
in the memorandum filed In the case
above referred to, and for the fur
ther reason that the irregularity
complained of occurred subsequent
to the sale of the bonds. They were
sold to the purchasers without re-
serve, and who were bound to &C
cept, and any arrangement concern
ing the deposit of the proceeds of
the sale did not affect the sale"