The Lambertville record. [volume] (Lambertville, N.J.) 1872-1968, 1886-03-03
SUPPLEMENT TO THE RECORD,

properly equalized those corporations will aid
in the support of municipal government. I
insist that the bridge should not be built
in the interest of Wimans, who has pur-
chased all of Staten Island not required by
the Vanderbilts for graveyard. But it is
contended by the Senator from Essex that
New jersey has no jurisdiction in the mat
ter of authorizing the construction Of
bridges across nsvigable streams. The terri
toral limits and jurisdiction of this State and
New York have been defined by compact
entered into by those States. The rights of
those States to the lands under water, and the
water over the land in the Hudson river and
Delaware river. bave been established by trea-
ties entered into between the interested States.
In the absence of certain constitutional
powers in Congress regarding the regulation of
commerce. no one doubts that New York and
New Jersey would have the sole and exclusive
right to authorize the construction of q bridge
or viaduet over the sound it would be right
common to both-a concurrent power. Such
power is now in the States where the streams
are wholly within the borders of State; that
is one of the police regulations of State, but
it is unreasonable to contend that the States of
New Jersey and New York have the absolute
and exclusive power to authorize the construc-
ton of yiaduct over river or stream used as
a public highway, upon which commerce is
conducted from one State to another or with
foreign nations and to regulate the commerce
on such streams. While New Jersey and New
York have the power to authorize the con-
struction of bridge over the Arthur Kill
sound, they have not the absolute and exclu-
sve control in the premises-there remains
power to be coupled with State authority, and
that is the powerin Congress, under thesection
of the United States constitution giving Con-
gress the power to regulate commerce with
foreign nations and among the several States
that power in Congress is regulative right, a
right to regulate simply, a power to pass laws
al l<...
the width of the draw, the locality where the
State may or may not authorize the bridge to
be built. There is nothing in the political or
ganization of the National and State gov
ernments which places the exclusive
right i'll Congress to authorize the
bridging of streams. That right remains
in the States. The power of Congress is,
as have stated a negative, and not a positive
right. 1t 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 highways 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
l. 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 a navigable stream
to order their removal.
9. That the power in Congress to regulate
commerce is not so exclusive as to prohibit
the States legislatine upon the subject of
viaducts and bridges if Congress has not seen
fiji to legisate upon the subject.
3. That Congress has the power 10 establish
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 positions.
1t is commended 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. 10 approve of the
plans. The Riparian Commissioners are au-
thorized to sell the rpa, but it is not obliga-
tory, and they name the price to be paid so
you see that the general railroad law is not the
free instrument you claim it to be; that board
may clog the 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 approved of by the Legislature,
with view OF being acceptable TO Congress,
and protect commerce. which includes navi-
CATION. ] would rather repeal the entire sec
ton than permit foreign railroad corporation
to insult or impose upon this State or its lber-
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 permit our
police regulations to be wrested from u.s. per
init foreign corporation to come into our
State for the purpose of invasion and use only
and make connecting link forged by our
own statutes to connect broken chain 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-and without comment--per-
nit me to read TO you the closing remarks of
Erastus Wmans from Europe, at the Staten
Island banquet in honor of President Garrett,
of the Baltimore and Ohio Railroad company,