The Sunday tatler and Jersey City express. (Jersey City, N.J.) 1883-1886, 1886-02-21


As / have stated, q negative. and not q pos
tive right. It may prohibit, but cannot
authorize. While we are discussing the
police powers Of the State, that right useful
and necessary to regulate the internal
affairs Of the State, to protect our high
ways on the land and over the water, the
Senator from Essex is talking about State
rights in their relation to the unity of
States. But contend:
/. That the authority to build bridges
and viaducts is in the States, with the
power in Congress to regulate and protect
commerce, and in the Federal courts to
determine whether structures built over
or on q navigable stream interferes with
navigation, and in case they do to order
their removal.
2. That the power in Congress to regulate
commerce is not so exclusive as to pro-
hibit the States legislating upon the sub
ject Of Viaducts and bridges if Congress has
not seen fit to legislste upon the subject.
3. That Congress has the power to estab-
lish post-roads, but cannot authorize the
taking, by condemnation or otherwise, the
property of the State without the consent
of the State.
Numerous legal authorities were here
cited and discussed to maintain those posi-
tons.
It is contended that this bill will repeal
section of the general railroad law. This
deny. The power to build viaduct
remains, but the State, under this bill,
simply reserves the power which Congress
exercises over the State-that of saying
how the bridge shall be built, or, in other
words, to approve of the plans. The
Riparian Commissioners are authorized to
sell the ripa, but it is not obligatory, and
they name the price to be paid 80 you
see that the general railroad law is not the
free instrument you claim it to be I;
that board may clog tie operation of the
whole section as to bridge building. Now
we simply ask that bridges which are to be
constructed under the act shall be approx
ed of by the Legislature, with view of
being acceptable to Congress, and protect
commerce, which includes navigation.
would rather repeal the entire section than
permit foreign railroad corporation to in
suit or impose upon this State or its hber-
atty A State which has twice honored
me with seat in its legislative halls, a
State of which no loyal citizen should feel
ashamed because of its past history, State
worth saving for future generations and
future history. Shall we stand by and per-
NIT our police regulations to be wrested
from US, permit foreign corporation to
come into our Stale for the purpose Of in
yasion and use only and make connect
ing link forged by our own statutes to con-
meet broken chaia in two foreign States !?
We have too long been the tramping ground
between those two States, and it becomes
our duty as Senators-not representing
New York or foreign railroad company,
but New Jersey-to stand at our posts in
the hour of danger in the support of her
honor and her Interests.
In conclusion-andw without comment :
permit me to read to you the closing re-
marks of Erastus Wimans, from Europe,
at the Staten Island banquet in honor OF
President Garret, of the Baltimore and
Ohio Railroad Company, and you may
Judge for yourselves the amount of respect
shown for the State which has right to
claim you as her defenders:
at has often been facetiously asked whether
New Jersey and the Union were one and undivisi
Bile, but now the question assumes serious aspect
to whether the great and prosperous State is OF
is not member of the Union. period has been
reached in which is to be tested the point whether
the Constitution of tie United States ia adequate
for all the exigencies and whether the special pro
vision for the regulation of commerce is merely
permissive authoritative. Can it be doubted tha
are limited in this respect or that, in making pro
vision for the freest and largest accommodation
for the vast products of all other States will not tbs
| people of these States impart new reading and
new meaning to the familiar linfs
"'No pentup Jersey confines our powers
The whole, the boundless Continent is ours 2
ARGUMENT OF SENATOR GARDNER.
regret, Mr.. President, feeling called
upon to occupy any further time in tn,
| 7scov,or,o,, 80 <h;o hill kbou hoe a1~oo A.
been consumed. 1t has had already dis
cussion covering wide range, and it hal
been impossible for those speaking agains
+ it to discuss it SO fully without exposin,
| the propriety of, and, as I think, the ne
cessity, of passing it. We have had tht
advantage, too, of thoroughly disinter
ested discussion, purely in the interest o.
| the State and the people. / was satisfied
of that from the beginning, and regret
| that any Senator should have thought i
| necessary to assure the Senate that his mo
tiyes were pure. The primary question
| presenting itself is, as it occurs to me
| What does this bill do? What is there new
about it / may be wrong, and if an
Senators will correct me, but the only new
matter in this bill is the first proviso, il
| section 36, as it now reads /; that is to tn
! effect that no railroad shall build any via
duct or bridge across any of the navigabl
| waters separating this State from any othe
State, without first submitting the plans t.
this Legislature and having them approves
by solemn enactment, and the declaration
that such bridge is necessary. The frs
objection they urge to this provision is tina
it practically repeats the General RailroaI
| law. Each Senator will remember TO
himself Just what has been claimed by tn
various opponents to this bill, will be done
by this proviso.
Some claim that we might as well repea
| the law others that it does this and other
that it does another thing while other
that have spoken uponiit claim that it doe
nothing because the provisions themselve
are unconstitutional. Mr.. President, tina
section does not repeal the General Rail
road law, 1t does not injure the Genera
Railroad law, but it makes it just as l, an
I trust the Senators who have spoken o.
the other side will pardon my Ignorance
have understood it for considerable nun
Der of years to be. do not propose
reopen the discussion on the Bridge Ac
of 1878, hut the facts are, as | believ
them, that nobody thought that the nav
gable streams separating this State fror
the other States could be bridged unde
the General Railroad Jaw. Between tn
State of New Jersey and State of Pennsy
vania there is solemn treaty to that effect
and between the State of New Jersey an
State of New York there is what amount
to little If any less in an agreement b
which they acquired Staten Island but i
1878 it was whispered that somebod
wanted to bridge the Kill von Kull. In
mediately the Legislature passed the Bridg