Perth Amboy evening news., 1915-06-30

No Information as to Whether
Public Service Representa-
tives Will Continue Fight.
PLANT is SURE TO COME
City Officials Think There is
Nothing That Can Halt OPP
erations from Now On.
JUSTICE BERGEN'S OPINION
Says That as Far as He Can
See the Prosecutor in the
Case is NONRESIDENT.
JUSTICE BERGEN'S OPINION

No information could be secured
here today as to whether DAVID
MeGregor or any other representa-
tive of the Public Service Electric
Company would continue the hgnt
against the city to prevent the erec-
ton OF a municipal electric light
plant. Whether the action is con-
tinued or the decision of Justice
James J. Bergen, rendered yesterday,
shall stay further proceedings against
the plant, matters little, maintains
Mayor Ferd Garretson. Expressing
elation over the victory for the city
today, the executive declared that the
proceedings would do nothing more
thah halt operations for the time be-
lng6 as the plant was sure to come
When an effort was made to inter
view Joseph E. Stricken, counsel Tor
McGregor, the applicant, today, II
vas stated that he was in Trenton.
= When McGregor was asked today
II the case would be carried further,
he said he did not know. Other
Public Service representatives here
spoke likewise.
TWO separate actions were
brought by McGregor. One was
against the city of Perth Amboy and
A. B. Leach and Company and J. D.
Everitt G Company, bond brokers,
and the other was against the city
and the Flagg- Watson Engineering
Company, the latter contractors for
the light plant. Regarding the for
mer case, Justice Bergen sets forth
In his opinion in part as follows:
THE rule in this case will be dis
charged for the reason that 1t does
not appear that the applicant has
any interest which the proceedings
can affect, as Is more particularly
set cut In the memorandum filed in
the case Adore. r.farred to, and for
the further rea fthat the irregu-
larity complained OF occurred subse-
quent to the sale of the bonds They
were sold to the purchasers without
reserve, and who were bound to ac-
cept and any arrangement concern
ing the deposit of the proceeds of
the sale did not affect the SALE II
the officers of the city entered into
any unlawful arrangement relating
to the deposit of the proceeds in a
responsible bank, they may be re-
sponsible to the city, but such sub
sequent arrangement could not in
law affect the right of the purchaser
to retain the bonds he had paid for
Justice Bergen rules on several
points in the action of McGregor
against the city and the Flagg-Wat-
son concern. One of the most i'm
portant of these is his opinion that
he believes it to be necessary to ad-
vertise but once a week, whether the
paper be daily or weekly, where the
law provides for advertising pro-
posals for two weeks. Referring to
the law ON this point, he set forth in
his opinion, in part, as follows
II think this statute only requires
one publication a week in either case
for If a weekly newspaper only is
published in the county, as is the
case In many of the counties of the
state, but one advertisement could
be published in such counties, and
my opinion is that the intention of
the legislature, as expressed in the
act, Is that a weekly publication for
two weeks must be made. either in
paper published weekly or one pub
lished daily, the object being to put
the two classes of newspapers in the
same position regarding these publ
cations.
In the case in which the city and
the Flagg-W Watson concern are the
respondents, Justice Bergen delivers
his opinion further, In part, as fol-
lows:
stOn the hearing the respondents
Insisted that the prosecutor had not
shown that he was citizen and tax
payer, no such status was proved In
the support of this rule and I cannot
consider the exparte affidavits in
disposing of the rule.
I'm this case the contract was
awarded after competitive bidding;
bonds have been issued and sold to
pay the cost, and the contractor has
purchased a considerable part of the
required material, and this public
work ought not to be suspended and
the contract set aside for any techni-
cal irregularity in procedure, result
ing from error or mistake, upon the
application of one who fails to show
that he may be injuriously affected.
So far as this record shows the pros
ecutor may be a nonresident"