Perth Amboy evening news., 1924-11-18
FEDERAL COURT
WATER HEARING
Case of MiddIeSex Water Co.
Heard with Much Testi-
mony Given
CARTERET IN THE FIGHT
Is Latest Move of Company
to Force High Rates on
This Section


of the Middlesex Water company to
the federal district court for a perm
snent injunction against the rates and
values fixed upon its property as of
last June, was held in the post office
building, Newark, yesterday.
Among the high spots, were the
claims of Mr.. Bergen. president of
the company, that he is a qualified
expert on all water supply and hy-
draulic engineering problems con-
nected with the Middlesex Water
company and the various companies
to which it sells because of it's sur
plus water, as well as his claims as an
expert that the objection to the Perth
Amboy water was well founded
Questioned as to his expertness as
hydraulic engineer, the lawyer-presi-
dent of the company said: II am as
familiar with depreciation of water
mains as any engineer in the United
States"
Thomas Brown, attorney for the
Utility Commission objected without
avail to the Master, appointed by the
court, allowing Mr.. Bergen to read
the record long winded statements
/ giving his opinion as to the value of
| the property of the company, the
fairness of the Board of Public
| Utility Commissioners, the unfitness
| OF Perth Amboy water, how Perth
Amboy water is more injurious to
the long life of pipe. what elements
make for the long Me of cast IRON
pipe, the price of pipe, etc.
Senator Brown maintained that
Mr., Bergen should not be allowed to
read into the record his opinion. but
that every statement should be
proven by qualified experts. Mr..
Brown again and again attempted to
get the Master to rule out this mere
opinion pointing out in order to save
time the Board of Public Utility
Commissioners hao asked that the
record made before the Board of
Public Utility Commissioners under
oath by qualified experts represent
ing the company and the municipali-
ties be made part of this case. and
Mr.. Bergen would not agree.
Mr.. Bergen blamed the failures
of the company on the shoulders of
the Board of Public Utility Commits
sioners and insisted that the board
never gave the company what it
asked.
However when questioned by Sem
ator Brown what the company ever
did to raise finances to further or
dinary extensions necessary to safe
and adequate service. Mr.. Bergen
recited how he approached the
municipalities to buy the mains, the
property itself or make long term
contracts with the Company. He re-
! ferred, too, to the legislation that
was enacted to make such suggested
procedure possible.
Pressed for an answer as to what
| his company had definitely done as
a public utility to finance its own
work through the proper channels,
Mr.. Bergen insisted that the credit
of the company had been broken
down by the confacatory rates fixed,
| that he is banker and knew 1t was
useless to try to market securities of
the company When pressed still
| further he admittex that the only
move made was to approach ]. S.
Whipple in this connection, but he
was hazy as to the exact date.
AS in his many otner appearances
before public bodies the president of
the Middlesex company told of de.
veloping a supply or water to care
| for the three companies in which he
! is interested the ElIzabethtown COM
pany, the Plainfield-Un company
and Middlesex company. However,
he did admit thai the Middlesex
Water company actually has enough
and has had enough water to sell
the other companies.
The witness for the company
claimed the Milestone prop
erty should be developed as a future
source of supply. He admitted that
one of the companies in which he is
connected has interested itself finan-
cially in the preliminary work there.
When asked as to whetner or not the
Middlesex company could not get
additional water from Perth Amboy
to take care of the future he stated
that the customers objected to
Perth Amboy water and that in his
opinion this objection was well
founded. He did not however fur
nish any proof that the Raritan-
Milestone rivers water Is in any way
comparable to tho Perth Amboy
water. Although Senator Brown
insisted that proof be given Mr.. Ber-
gen was permitted to read his state-
ments into the record.
The hearing was resumed today.
Nicholas Hill, expert, was the first
witness called on. He outlined tech
nical matters relating to the water
service. Frank H. Somer. who aided
the municipalities in the fight against
the water company during hearings
before the Public Utilities Commits
sion is here, listening to the testi-
monies given.