THE VILLAGE IN A HOLE.

New York, 1895

THE WATER COMPANY MUST HAVE ITS CONTRACT EXTENDED.

Unless the Village Trustees Exercise Their Option and Buy the Company's Plant — An Important Opinion on the Subject by Counselor Monfort.

The contract between the village of Jamaica and the water company will expire September 7th, 1897, and in view of this the trustees have already discussed the question of the village thereafter owning and operating a water plant of its own. THE FARMER, at the time the discussion was going on, expressed the opinion that the terms of the present contract between the village and the water company would prevent the village from becoming a dealer in water unless the trustees purchased the plant of the company.

The question thus raised was submitted to Counselor Monfort by direction of the trustees, and he holds the same view as THE FARMER, viz: that before the village can engage in the business of supplying water it must purchase the company's plant, and, failing to do that the company is entitled to a renewal of its contract for five years, or until 1902, on the present terms. The opinion of Mr. Monfort is as follows:

To the Board of Trustees of the Village of Jamaica:
On the 23rd day of April, 1887, the Jamaica Water Supply company entered into a contract with the village of Jamaica, whereby it agreed to supply the latter with water for a term of five years from said date. At the expiration of the said five years the contract provided that the same should be renewed, at the option of the village, for another period of similar duration, and that at the expiration of the second term of five years the village should have the option of purchasing the system of water works and the appurtenances; but that in default of said purchase, said contract should be renewed for a third term of five years.

On the 7th day of September, 1892, some five mouths after the expiration of the first term stipulated for in the said contract, the company entered into a second contract with the village for supplying water to the latter from the date last mentioned until the 23rd day of April, 1897.

This latter agreement is not expressly stated to be a renewal of the first and its terms and conditions are somewhat different from those contained in the latter, but it is made to expire at the expiration of the second term of five years from the date of the original agreement and it is undoubtedly to be considered as it renewal of that contract.

The question now arises whether the water company, at the expiration of this second contract and in default of the village exercising its right to purchase, is entitled, under the original agreement, to a further renewal of its contract for a third term of five years.

Such further renewal is expressly, as has been stated, provided for in the original agreement and the company has in no way apparently forfeited or waived its right to the performance of this provision, and I am, therefore, of opinion that it may insist upon such renewal under the circumstances stated.

And such would seem to have been the view of the electors who voted for the making of the original contract with the company, for it is provided in paragraph thirteen of the specifications contained in the resolution passed at the meeting of such electors, held on the 22nd day of March, 1887, that "at the expiration of ten years after the contract" with the company is made, if the village shall not elect to purchase the works, "then the term of the contract shall be extended for five years upon the same terms, privileges and rents as for the first ten years." The company has, in my opinion, an absolute right to this third renewal unless the village, at the expiration of the current contract, exercises its option to purchase.

Dated Jamaica, N. Y., June 18th, 1895.
HENRY A. MONFORT.

It is probable that the water company will ask $150,000 for its plant. It is said that the company has expended over $100,000. If the village and the company cannot agree, the question may be referred to arbitrators.

—The Long Island Farmer, Jamaica, NY, June 28, 1895, p. 1.

No Stand-pipe for Flushing.

New York, 1895

The citizens of Flushing voted Tuesday on the question or bonding the village for $35,000 for the erection of a stand-pipe and making other improvements to the water system. Only taxpayers could vote. The proposition was defeated by a vote of 294 to 92.

—The Long Island Farmer, Jamaica, NY, June 28, 1895, p. 1.

THE NEW ELECTION LAW

New York, 1895

THE DUTIES THAT ARE IMPOSED ON TOWN OFFICERS.

Larger and Better Equipped Polling Places Must be Provided — Counselor Van Vechten Makes Some Timely Suggestions for the Guidance of Public Officers.

The new election law should be carefully studied by all public officers. Counselor Van Vechten is familiar with the law, and in the following letter he makes some valuable suggestions to town officers:

To the Editor of the Long Island Farmer:

Permit me through the columns of your paper to call the attention of the various town boards in the county, and also the attention of the common council of Long Island City, to the fact that by the act amending the election law adopted by the last legislature, it is made the duty of said town boards and common council, to designate on the first Tuesday of September, the various places in each election district in the city or town at which the meetings for the registry of voters and the elections shall be held during the year.

The act further requires that each room so designated shall be of a reasonable size, sufficient to admit and comfortably accommodate at least twenty electors at a time outside the guard rails and prohibits the designation of any building or part of a building within any part of which intoxicating liquors, ale or beer shall have been sold within prior to sixty days before such designation, if in a city, and prohibits the designation of a place other than in a city if in such room or any room adjacent thereto with a door or other passage way between the two rooms, intoxicating liquor or ale or beer has been sold within the said time.

In addition to the necessary ballot and other boxes, guard rails, voting booths and supplies therein, and the furniture of such polling place necessary for the lawful conduct of each election thereat, it is made the duty of the said town boards and common council to have placed at a distance of one hundred feet from each polling place, the necessary visible marks or barriers designated in the act under consideration as "distance markers." It is unlawful to do any electioneering between such markers and the polls. The act is silent as to what the "distance marker" shall consist of, and in the absence of any description of said distance markers, I suggest that the town boards select either a small triangular flag of red bunting to be attached to a staff and placed at the proper distance from the polls, or a sign-board upon which should be pasted or printed a notice reading "Electioneering within the limits indicated by this distance marker is prohibited by law." Flags would be cheaper as they need not be very large and the suggested color, red, is the universally accepted sign of danger. It will be necessary also that the said town boards and common council arrange with some surveyor to run a line or circle around the polling places marking the one hundred foot distance. Whether the entrance to the polling place or the centre of the room in which the election takes place should be taken as the centre or starting point for the one hundred foot distance, I am unable to state, but think and suggest that the entrance door would be a desirable starting point. Yours truly, F. H. VAN VECHTEN.

—The Long Island Farmer, Jamaica, NY, June 28, 1895, p. 1.

To Widen Middle Neck Road.

New York, 1895

Application has been made to Judge Garretson for permission to widen the Middle Neck road at great Neck. The object is to secure the appointment of a commission to decide from whom the land shall be taken, and fix the indemnity. The widening is necessary, if an electric railroad is to be built along the road. Twombley & Eldert have begun the work of macadamizing this road, and the proposition is to put the rails on the side of the road so they will not interfere with the improvement.

—The Long Island Farmer, Jamaica, NY, June 28, 1895, p. 1.

THE VACHERON CASE.

New York, 1895

The District Attorney Wants it Tried by Special Oyer and Terminer.

ALBANY, June 21. — In the Court of Sessions this morning Judge Clute overruled the demurrer in the Vacheron bribery case and held the indictment good. The Judge said that he had not written an opinion, but thought that as the indictment held that money had been taken, that was sufficient. Neither Assemblyman Vacheron nor his attorneys were present. District Attorney Burlingame objected to the absence of the attorneys for Vacheron, but the Judge said that the day for trial could be set another time. — N. Y. Sun.

ALBANY, June 25. — Assemblyman Eugene F. Vacheron, of Ozone Park, accompanied by one of his counsel, Judge Hamilton, of Albany, appeared to-day in the court of sessions, and renewed his plea of not guilty to the indictment charging him with bribery in connection with the ice-cutting bill of Assemblyman Campbell, of Brooklyn.

Judge Clute expressed the belief that all interests would be served equally well if the trial was put off until the September term of the court.

District Attorney Burlingame did not think so. He said that he intended to ask Gov. Morton to call a special court of oyer and terminer for the purpose of trying the three murderers now confined in the Albany jail and that he could arrange it so as to have the Vacheron trial come off at that session of the court. Judge Clute said he would consider the district attorney's suggestion. — Brooklyn Times.

ALBANY, N. Y., June 26 — The bribery case of Assemblyman Eugene F. Vacheron, of Ozone Park, was put over the term to-day by Judge Clute in the court of sessions, and was sent to the criminal court. District Attorney Burlingame has petitioned the governor to call a special oyer and terminer for August to try the three murderers now confined in the Albany county jail. If it is called the district attorney says that the Vacheron case will come to trial at that time. Otherwise it cannot come up until the September term. — Brooklyn Eagle.

The "pull" seems to be working in one direction, at least.

—The Long Island Farmer, Jamaica, NY, June 28, 1895, p. 1.

Meeting of Highway Commissioners and Audit of Bills.

New York, 1895

The highway commissioners held a meeting at their office in the Town Hall on Tuesday. Commissioner Baker presided.

The following bills were ordered paid: Vreeland & Twombly, grading and reforming Farmers avenue, $200.95; John H. Hendrickson, work on roads in district No. 2, $318.38; B. Cohn & Co., two plates for road hones, $20.25; Twombly & Eldert, grading and forming Hillside avenue, $857.75.


Raising Money to Pay for Opening a Woodhaven Street.

The town board and the highway commissioners of Jamaica met as a joint board at the Town Hall on Monday. Supervisor Everitt presided. The meeting was held for the purpose of devising means to raise the sum of $3,929.80 for the payment of land damages for the opening of Oakley avenue from Liberty avenue to University place, Woodhaven.

To raise the money the supervisor of the town must have the authority of the board of supervisors.

Supervisor Everitt and Commissioner Baker were appointed a committee to consult counsel and have the necessary papers drawn up for presentation to the county board.

—The Long Island Farmer, Jamaica, NY, June 28, 1895, p. 1.

The Village Trustees Order a Grade Map at a Cost of $2,000.

New York, 1895

The village trustees held an adjourned meeting Thursday evening. President Twombly presided. Trustee White was absent. The resignation of Michael. J. Carter as a member of the board was accepted, and a special election to fill the vacancy was ordered to be held on July 30.

The committee on grade map submitted their report, showing that a map of the kind contemplated by the board, exclusive of monuments, could be prepared for $2,000. The monuments would cost, set, $4 to $5 each.

On motion of Trustee Wyckoff the report of the committee was accepted and the specifications adopted, subject to such changes as may be found necessary by the committee in charge, and they are authorized to enter into a contract with Engineer McLaughlin to do all the necessary work and prepare the maps required by the specifications.

Trustee Van Allen voted against the resolution. He thought that bids should be invited for a $2,000 job, the same as for laying a crosswalk. Trustee Foley was appointed on the grade map committee in the place of Trustee Carter.

The committee on electric lighting submitted their report of the result of their investigations. Their opinion was that the employment of experts as arbitrators had been no aid to the solution of the problem, resulting in nothing but expense to both parties, and in the opinion of the committee there had been no legal ground for making any deduction in the company's bills since January 1. The committee made the following recommendations, in which it was stated the electric light company concurred:

First — That the company be refunded the aggregate amount of the deductions on bills since January 1.

Second — That a new contract be entered into with the company, beginning June 1, with the price per lamp $77.50 per year, instead of $80.

The report was accepted and the recommendations adopted.

Action upon the petition to lay sidewalks on North Washington street, Herriman avenue, and Grove street, was deferred until the village had an established grade.

Action upon the plans prepared for the new house for Woodhull hose company, in Herriman avenue, was deferred until the specifications are ready.

—The Long Island Farmer, Jamaica, NY, June 28, 1895, p. 1.

THE PUBLIC BUSINESS.

New York, 1895

WRETCHED CONDITION OF THE HEMPSTEAD PLANK ROAD.

The Board of Supervisors to be Asked to Take Proceedings to Condemn the Property — New Grade Map of the Village of Jamaica — Proceedings of the Highway Commissioners.

The town board of Jamaica held a meeting at the Town Hall on Friday. Supervisor Everitt presided. Justice Lester was absent.

A communication from the Long Island real estate and investment company to have water mains laid on several streets on their property, Richmond Terrace, at Richmond Hill, was referred to Justices Lott and Kissam, and Town Clerk McCook, to report at the next meeting.

Action upon the petition of Felix Gunther, Ambrose Hayes, and others, to incorporate as the Columbia fire district the unincorporated portions of the village of Richmond Hill, was deferred until the next meeting.

Highway Commissioner Baker asked if there was not some way by which the Hempstead and Jamaica plank road company could be made to keep their road in order. The commissioners, after opening the toll gates, had notified them a second time that if they did not repair the road some other action would be taken. The highway commissioners, he said, had done all they could, going so far as to request the Attorney General to take action against the company. No work was being done upon the road, which was in a horrible condition and dangerous. No toll had been collected on the road since last March.

Justice Kissam said he had been informed by one of the directors that the company would spend no more money on it. They want to sell it.

Supervisor Everitt said that the board of Supervisors would meet on Tuesday, and he would then see what could be done.

The late Excise Commissioner Bauman appeared before the board relative to his bill for services, which was laid over from the last meeting.

Justice Kissam, to whom the bill was referred, said there was no record in the excise commissioners' books of some of the meetings charged for in the bill. The book does not show the names of the members of the board that were present at any of the meetings. It was wrong to make out a bill against the town in that way, and take the time of the town board to ascertain if it was correct.

Town Clerk McCook said that the excise commissioners' book had not been in his office for the past six months, as required by law.

The bill, $59, was returned for correction.

The bill of Abraham H. Wyckoff, for services as overseer of the poor from May 2nd to June 13th, at $2 per day, $80, was ordered paid.

—The Long Island Farmer, Jamaica, NY, June 28, 1895, p. 1.

THE SUPERVISORS.

New York, 1895

A New County Road Law Adopted.

INCORPORATED VILLAGES INCLUDED

Everything Looks Well at Barnum Island.

TOLL BRIDGE AT LAWRENCE

The Sheriff's Bill for Clubs and Badges Referred to it a Committee — Counselor Van Vechten Wins a $27,000 Law Suit — A Complaint from Little Neck — Audit Refused a Bill for Electric Power at the Hunter's Point Bridge — Counselor Wallace Prepares a New Apportionment Certificate to Correct an Error

The board of Supervisors met at Barnum Island on Tuesday and made an inspection of the county buildings, which were found clean and in good order. Everything about the place looked shipshape, and the growing crops are very promising. The new building for the keeper and the administrative officers is progressing. There is an absence of trees, a fact which did not escape the attention of the Supervisors, and these will probably be supplied. Some time ago Supervisor Denton set out a couple of young silver maples that he grew from the seed, and they are doing finely. The Rev. Dr. Smith, of St. George's church at Flushing, was present as the county's guest, on the invitation of Supervisor Pople. Dr. Smith was interested in the development of Barnum Island as a home for the poor years ago, and he was much pleased with what has been accomplished. Charles L. Phipps and Judge-elect Wheeler were also present. Mr. Phipps received a pleasant greeting from everybody.

The full board was present. Supervisor Koehler opened the proceedings by inquiring what action had been taken on a bill for badges and clubs, purchased by Sheriff Doht for the use of his deputies, amounting to about $200. The bill was presented in January, and referred to the committee on Sheriff's and Constables' bills, but seemed to have gone astray. Supervisor Koehler presented duplicate bills, and they were referred to the proper committee.

Counselor Wallace presented a bill for $500 for fourth months' legal services, and it was audited.

Counselor Ingraham, of Hempstead, presented a petition for the board's approval, having relation to the construction of a bridge across Rockaway inlet at Lawrence. A number of gentlemen having summer houses at Lawrence leased a piece of ocean beach from the town of Hempstead, to enjoy surf bathing, but to reach the beach they had to build a road and a bridge, at their own expense. The bridge has a draw, and is completed, and the road is nearly completed. The War Department has orally consented to the bridging of the channel, but requested that the consent of the Supervisors be obtained, as the statute requires, before giving written approval. A toll of five cents a person is to be charged to defray the expense of maintaining the bridge and paying a keeper; but vehicles may cross free.

Supervisor Wood said there was no objection to granting all that Counselor Ingraham asked of the board, and on his motion, seconded by Supervisor Underhill, the necessary resolution was unanimously adopted.

Supervisor Koehler called attention to the insurance on the county court house, which had been effected by Mr. Quinlan, of Flushing, the premium being something over $600. Mr. Koehler said that the building being in Long Island City, and the insurance companies having agents there, one of them should have the business, and it would be better for the county. He believed that Mr. Quinlan would gladly relinquish the business. The matter was referred to the Court House committee.

Supervisor Pople called to the attention of the board a complaint of a nuisance that had been made to him by Mr. Hewlett, of Little Neck, whose land is flooded with water at every storm from the county road that runs past his door. Mr. Hewlett threatened to throw up an embankment to protect his property, and if he did so the water would flood the premises of David L. Van Nostrand. Mr. Pople had called County Engineer McLaughlin's attention to it, and he had made an inspection of the road with a view to providing a remedy. Mr. McLaughlin said that it would be necessary to lay an 18-inch cement pipe a distance of 600 feet to carry off the water and it would cost $450. That would give complete relief. The County Road committee were directed to take the matter in charge.

Supervisor Denton offered a resolution directing the county treasurer to pay on July 2d the salaries of the superintendents of the poor for the quarter's services ending June 30th. It was adopted.

Supervisor Koehler called up the bills of the Long Island City electric illuminating company, and asked for action one way or the other on them. The bills had been referred to Counselor Wallace for his opinion as to the county's liability. The county entered into a contract with the company to supply electric power for operating the draw-bridge over Newtown Creek at Hunter's Point, the county having previously put in a motor at an expense of $2,000. The first time that power was applied to the motor it sent the bridge spinning around at a 2.40 clip, and so much damage was done that the motor has never been used since. The company claims $769.77. President Tyrrell said that the company had supplied the power right along as required by the contract.

Counselor Wallace said he was not in possession of sufficient information to enable him to give an opinion as to the county's liability. The contract was binding on the county if the company had lived up to its conditions. Mr. Wallace could not decide that question. It would be an easy and cheap way of settling the question for the company to sue out a mandamus against the Supervisors, but before that could be done, the board must reject the claim. Acting on this advice, Supervisor Denton moved to disallow the company's claim, and the motion was seconded by Supervisor Underhill, and carried.

Counselor Wallace, in response to a resolution adopted by the board at its last meeting, presented a draft of an act defining the highways that are to be embraced in the county road system under the new county road law. The list includes all of the highways heretofore taken in, and adds thereto the North turnpike in North Hempstead and Oyster Bay, the Merrick road, Broadway and Flushing avenues in the village of Jamaica, and that part of the Merrick road in the village of Rockville Centre, roads within incorporated villages being no longer exempt.

Supervisor Koehler said he could not vote intelligently on the resolution without having before him a map showing the lines of the roads and their relative importance to public travel. He understood that some roads, so-called, but which were mere lanes, were included as county roads, and he wanted to object to it. Supervisor Wood said he believed that some of the roads specified were not properly county roads, and he instanced Flushing avenue and Locust avenue in Jamaica. Supervisor Koehler wanted action deferred on the resolution for a week, by which time the County Engineer could have a proper map prepared, and he made a motion to that effect, amending the original resolution, which Supervisor Denton seconded, saying that no harm could follow a week's delay.

Supervisor Everitt objected to delay. He said that Broadway, in the village of Richmond Hill, was in such bad shape as to need instant attention. No work had been done on that particular piece of road for some time, the incorporation of Richmond Hill as a village having taken it out of the county road system. The new resolution and the new county law restores the road to the county system, and it should be put in order at once.

A vote was taken on Mr. Koehler's amendment and it was lost — 4 to 3. The original resolution offered by Mr. Denton was then adopted by a vote of 5 to 2.

A communication was received from the Secretary of State saying that the certificate apportioning the county into assembly districts was defective in that it did not state the population of each district. Counselor Wallace had already prepared a new certificate correcting the error, and, on motion of Supervisor Denton, seconded by Supervisor Underhill, the now certificate was adopted and substituted for the old one, Supervisors Everitt and Siebs voting in the negative.

Counselor Van Vechten notified the board that he had won for the county the suit brought against it by Dean & Westbrook, under the contract to build the Meeker avenue bridge, to recover $44,917.20 balance claimed to be due under the contract, and also to recover the sum of $13,719.39 damages. In the same action they also sought to recover $11,000 damages for being prevented from building the bridge expeditiously. Interest was also claimed by the contractors, and the whole amount involved in the suit was about $75,000, including interest. The issues were tried before Judge Allison as referee, and the testimony covers 466 type-written pages. On the second and third causes of action, involving $27,000, Judge Allison has given judgment for the county. The action to recover $44,917.20 balance due under the contract is still pending and will be tried in October. Mr. Van Vechten expects to win this case for the county also. In all of the actions brought against the county, involving over $350,000, Mr. Van Vechten lost but one, that of Myers, who sued for $10,000 and got a verdict for but $250.

—The Long Island Farmer, Jamaica, NY, June 28, 1895, p. 1.

To Rise from Its Ashes.

New York, 1895

The Vulcanite company, whose large factory at Breslau was destroyed by fire, will rebuild at once on the same site. The new building will be 150x40 feet.


Lawyer Kelly at the Pines.

W. J. Kelly, counsel to the Long Island railroad company, Mrs. Kelly, and two children arrived at the Pines, Amagansett, on Saturday.

—The Long Island Farmer, Jamaica, NY, June 28, 1895, p. 8.

Better Accommodations at the Jail.

New York, 1895

The Grand Jury which adjourned on Tuesday made an inspection of the county jail and filed the following presentment with the court:

The grand jury respectfully report that they have visited the jail and have found everything in excellent condition. They especially desire to commend the cleanliness and good order prevailing in each department and they feel that praise is due to the sheriff for his excellent management.

The jury desires to call the attention of the court to the fact that boys and girls are now confined in the apartments occupied by the older prisoners, to the danger of their health and morals. As there is ample room in the upper part of the jail, the grand jury would recommend that the board of Supervisors fit up rooms where the youth of both sexes may be confined while inmates of the jail.

The grand jury believe that the moral and physical welfare of the inmates of the jail should be considered through some system by which they could be furnished with steady employment.

BENJAMIN C. D. HICKS,
Foreman.
W. BURLING COCKS, Secretary.

—The Long Island Farmer, Jamaica, NY, June 28, 1895, p. 8.

REPUBLICANS SPLIT IN TWO.

New York, 1895

Party Success This Fall Threatened in Long Island City.

A prominent Republican of Long Island City sends the following communication to THE FARMER:

To the Editor of the Long Island Farmer:

The Democrats of Long Island City have had two parties with regular organizations and committees, and now the Republicans have split into two parties with two general committees. Last Fall the Burden wing of the party controlled the general committee and captured the primaries, and Dowling and Manley were ordered out. After Burden's defeat for Assembly the Burden organization weakened for a while and the Dowling contingent, with the aid of Henry C. Johnson, elected a new committee, thinking this would give them the power.

It appears that they forgot to read the constitution, and now City Treasurer Lucien Knapp proposes to test the validity of his pet law. he therefore has called the General Committee of 1894 together and organized them under the following article of the constitution : "Art. VIII. — The members of the several Town and City Committees now in office shall continue to hold office up to and until January 1st, 1896." If the English language means anything, the Knapp General Committee holds the fort, and if Henry C. Johnson wants to run for Senator, he had better get his harmony committee at work.

—The Long Island Farmer, Jamaica, NY, June 28, 1895, p. 8.

Normal School Board Meeting.

New York, 1895

At a meeting of the local board of managers of the Jamaica normal school on Friday, the matter of plans for the school under the new law was discussed. The law authorizes the Capitol Commission to prepare plans and act as architect for all buildings paid for by the state. On motion, the Hon. Richard C. McCormick and John R. Reid wore appointed a committee to prepare an address to the Superintendent of Public Instruction, requesting him to have the Attorney General examine into the matter, and ask his immediate attention to it in order that the commission may proceed with the work.

—The Long Island Farmer, Jamaica, NY, June 28, 1895, p. 8.

Mr. Everitt for Assemblyman.

New York, 1895

The Democratic friends of Supervisor William E. Everitt, of Jamaica, say that he would make an excellent candidate for the Assembly nomination in the new Second District — Jamaica and Flushing — which is said to be a doubtful district. Mr. Everitt's friends claim that he is very popular in Jamaica and can carry that town by a large majority. They are already hustling for him. — L. I. City Herald.

—The Long Island Farmer, Jamaica, NY, June 28, 1895, p. 8.