DECISION IN THE LONG BRANCH DISPUTE.

DECISION IN THE LONG BRANCH DISPUTE.

In the matter of the injunction asked for by the Long Branch, N. J., commission of the chancery court to restrain the Tintern Mann Water company from cutting off the supply of water for fire and sprinkling purposes Vice-Chancelor Pitney has rendered a decision granting the injunction on conditions. He said in part that it was the duty of the water company to provide for the future in case of prolonged drought as well as to anticipate the increased consumption due to the growing population. The water company had no right to charge Long Branch a higher rate than would make an adequate return on the investment necessary for the Long Branch supply, and must not charge Long Branch on the investment made necessary by extensions to supply other places. The duty of the municipality to pay some rate was just as positive as the duty of the water company to supply water, consequently, the company had a right to shut off the water supply, unless the town made an offer to pay a portion of the old rate. He, therefore, found that the town must pay to the water company $8,000 on the arrearage, in the amounts of $4,000 each, $4,000 to be paid within five days, and the balance to be paid within ten days, and that the future payments should be eighty per cent, of the amount charged under the terms of the contract submitted last November, payable monthly until the final settlement of the rate to be paid by both public and private consumers should be made by the court of chancery. The vice-chancelor also said that it was the duty of the municipality to look after the interests of the private consumer and they should he taken into consideration when making the contract to supply the city with water.

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