Perth Amboy evening news., 1915-07-07
RESERVE DECISION
IN FIGHT FOR WRIT
City Officials Expect Another
Victory in Fight for the Mu-
nicipaI Light Plant.
THE HEARING is FINISHED
Prosecutors Case No Stronger
Than 1t Was in MCGregor's
Original Action for Writ.

Favorably impressed at the su-
preme court hearing held in Trenton
yesterday in the matter of David
McGregor and the Public Service
Electric Company against the city,
bond brokers and municipal light
plant contractors, city officials pre-
dicted today that the city would win
the legal battle now under way as
| easily as the first one was won. They
appear to be drm in their belief that
the supreme court will not grant a
writ to the Public Service concern
and its engineer, McGregor, to re-
view the proceedings under which
the light plant bonds were sold and
the plant contractors were awarded
to the Flagg-Watson Engineering
Company. Argument on the apph-
cation by McGregor, joined In the
action by the Public Service Electric
Company, was presented before JUS
tices Garrison, Prenchard and Black
yesterday The prosecutors case
was no stronger than it was in the
original action, city officials con-
tend, and they declare that 1t is
matter Of but probably little time
hampered.
Won't Delay Work.
While a majority OF the city off,
cials concerned appear to be Of the
opinion that this case will be decid-
ed in favor of the city, there Is at
least one who was present at the
hearing yesterday who held that in
dications pointed to the granting Of
writ Whether the writ is allow
ed. or the city, bond brokers and
contractors win this action, it will
matter but little, except to delay the
wark, Lawyer Borden D. Whiting
made 1t plain before the court. AL
| dermen F. William Hilker, William
| G. Wilson and John j. Clark and City
Attorney Andrew J. Wight were on
hand from this city at the hearing
yesterday.
Former Attorney General Robert
| H McCarter appeared in behalf of
Joseph e. Stricken, representing Nc
! Gregor yesterday. He was assisted
/ by Frank Bergen and other Public
Service counsel L. D. H. Gilmour
/ was seen at the proceedings, but
took no hand in them. Mr.. Wight
and Mr.. Whiting looked after the
interests of the city and the Flagg-
Watson concern and Mr.. Stetson
| guarded the interests Of the bond
| brokers, A. B. Leach & Company and
! j. D. Everitt & Company.
| Same as Original Action.
: The prosecutors case was practi-
cally the same as in the original ac-
ton. Mr.. McCarter's strongest point
was that the city had failed to ad
vertise daily for two weeks, whereas
! the contention of city counsel, and
the belief of Justice James j. Ber-
gen of the supreme court bench and
others is that it is necessary to ad-
Vertise but once a week for two
weeks, the law being intended to
provide where there are weekly publ
/ lications. 1t is held that Mr.. McCar-
| ter aided the city's case somewhat
when he informed the court that
there had not been just competition
| in the awarding of bonds for the
proposed light plant, due to the sink
| ing of the Lusitania, which caused a
/ strain In the money market. The
city and the bond brokers contend
that the award was just. but delay
| in negotiations altered conditions,
making it more agreeable and just
| for the bond firms to have the money
deposited at Orange without inter
est to the city.
Frank Bergen's strongest point to
be was the claim that the city had
violated one of the new laws Of this
year In neglecting to separate the
general and plumbing and heating
contracts for the proposed light
plant Mr.. Whiting and other law
yers for the city smiled at this al
legged erroneous belief, and Mr..
Whiting informed the court that
bids had been readvertised for for
the express purpose of conforming
with the law in awarding separate
contracts.