Perth Amboy evening news., 1915-07-03
new ACTION FOR writ
AGAINST CITY LIGHT
PLANT; WORK STARTS
Full Bench Of Supreme Court
viii Hear Public Service Lat
est Action Tuesday Pro-
ceedings McGregOr Started.

Determined to fight to the bitter
end in an endeavor to prevent the
erection of municipal electric hgnt
plant in this city, the Public Service
Electric Corporation has Joined with
David MeGregor in a new action to
obtain a writ of certiorari to review
the proceedings under which light
plant bonds were sold and the plant
contract was awarded. Work on the
proposed plant has been started and
q number of men in the employ Of
the sub-contractors are now excavat-
ing on the former water works site.
There having been no official notice
of the new action started yesterday
filed on the official or contractors,
the workmen are operating there to-
day. Justices Garrison, Prenchard
and Black will sit on the supreme
court bench Tuesday afternoon to
hear argument on application as to
why a writ of certiorari should not
be issued. The proceedings now un-
der way are practically Identical
with those originally started by Nc
Gregor, against whom Justice Ber-
gen ruled to discharge the order on
Tuesday. With the Public Service
III lhC SdoO uiA S\SAJ I,
Counselor Frank Bergen will be one
of the opponents of the city and Jo-
seph E. Stricken, representing Nc
Gergor, being on vacation. former
Attorney General Robert H. McCar-
ter, will represent him on Tuesday.
Justice Bergen issued new or
der, reopening the case on Thursday,
in behalf of McGregor, when the lat
ter's counsel pointed out that 1t was
the contention of the petitioner that
the entire supreme court bench and
not one Justice alone should rule up
on the original application. The JUS
tice stated that he understood that 1t
had been agreed to have him alone
pass Judgment In the case. He i'm
mediately granted a new rule to
show cause, and yesterday Mr..
Stricken filed application for writ
and applied to the supreme court for
a date upon which to argue the case.
The hour of 1:45 O'Clock Tuesday
afternoon at Trenton was set, at
which time the case will be heard be-
fore Justices Garrison, Prenchard
and Black, as a branch Of the su-
preme court.
In the typewriter opinions given
by Justice Bergen in both cases,
that of McGregor against the city
and A. B. Leach & Company and j.
D. Everitt & Company, and that Of
McGregor against the city and the
Flagg- Watson Engineering Company,
1t was set forth Argued by consent
before a single Justice" 1t ap-
pears that no objection was raised
when Justice Bergen heard the argu-
ment, but following the rendition of
his decisions, exception was taken
because the action was decided by a
single justice.
Affidavits, statements Of facts and
dispositions will be the same in the
new actions as they were in the first
case, Mr.. Stricken stated today.
While contention was expressed that
1t was not necessary for McGregor
to show that he was citizen and
taxpayer until after the writ was al
lowed, Indications were that the pc
titioner would take no chances and
would prove his status before the
present action had gone very far.
1t is believed that it will be proven
during argument on Tuesday that he
is legally qualified to bring the ac-
tion taken. He will be backed up
by his employers, the Public Ser
vice Electric Company, who have
taken a hand in the proceedings by
also filing a petition similar to that
he has entered. This course was
followed under the law, which per-
mits others to join in when a case of
this kind has been opened