The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1891-01-06
new ARK'S WATER GRAB.
Mr.. Lebbeus B. Ward Press
es the Claims of Jersey
City Before the Board
of Trade.
A BILL TO CONDEMN RIGHTS
Possibilities of the Pequannock
Supply-Can Vested Rights Be
Acquired in a Natural
Element.

Trade last night the water question: was
again TACKLED. State Water Commits
sfoner Lebbeus B. Ward. who had been
invited to address the Board upon the
subject was rather disinclined at first to
proceed on account of the slim attend
ance. 1t was his desire to hear what
others had to say upon the subject. The
meeting was about to adjourn when a
dozen or more members came in after the
Committee Of Fifty had adjourned and
Mr.. Ward was prevailed upon to proceed.
The general tenor OF Mr.. Wards ad-
dress was adverse 10 the formation OF q
contract on the part of any city with
syndicate for the purchase OF water Dy the
million gallons and favorable TO the con-
troll Of potable waters by the state In the
interest of all its citizens. he Is opposed
TO the crasping by single cities OF valu-
able sources OF water supply In advance
If their reasonable requirements and to
the prejudice of other places.
The purest water supply ne saiu, was
found among the hills Of the upper coun-
ties of the State at an elevation sufacient
8, supnly all cities Of the State. Steps
..houid be taken at once by the Legisla-
ture looking to an elaboration OF plan
to this end. The Legislature OF ioos ap-
pointed commissioners TO determine upon
plans for joint water supply Tor cities
and towns of this State.
! Tbe report Of the Commission to the
AIeoislature Of 1884 presented such plan
for the district Included IN huoson' rs
,Inost populous counties OF the State from
Jhe Peouannock River. Since that date
Ghe Geographical survey OF the state has
been Completed, thus enabling study OF
the question of water supply TO be ex-
tended over its whole area.
NFWhRKiS STOLEN MARCH.
Newark had attempted TO steal long
march on Jersey City, Mr. Ward SAID, IN
contracting with the Lehigh Valley Rail-
road Company for the entire and exclu-
stve nossession of the water of the Pequan-
mock River But the Lehigh Valley Com
many had no right TO sell what did not
belong to it. The law did not recognize
property In running water. he rldlcuied
The clause in the contract between the
Iehiqh Company and Newark in which
fhe Iehigh Valley Company assumed
ownership of the entire source OF the
Pequannocsz sIpply, but urged the neces.
sitv of immediate action ou the part OF
Jersey City during the coming session Oh
the n I,eoisIature, as there was no telling
what Newark and scheming syndicates
might accomplish. The Lehigh Valley
susHasnpany had bound Itself In It's contract
with Newark to supply no otner city WIN
water from the Pequannock River after
ane contract payments were completed
nv Newark. Newark fiatters itself that
il has secured supply of 50,OO0.O00 a day,
a larger quantity than it can possibly re-
quire in generation, and tnat II mas
even the surplus of the Pequannock
which 1t cannot itself utilize.
She doesen't use $4,000. 900 per day yet she
has assumed exclusive right TO stream
that with proper storage VIII Inrnisn
80 600 600 of gallons a day. Under the
water d syndicate, Jersey City's hands
were tied.
Mr. Ward then adverted to the claims OF
the society for the establishment OF use
ful manufactures at Paterson founded
nnon its charter. passed in 1871 TO the
control of the Passaic river adversely TO
the rights Of the State and to veto any
diversion of its upper waters LOT Pubic nc
futiIe attempts to enforce them against
the Morris Canal Company. de said that
the litigation between the Two COM
panies began in 1929 the Society OF
date asking for an injunction TO restrain
the Canal Company in advance from
turning the water OF the kockaway river,
one Of the tributaries of the Passaic, into
The canal and conveying IL past the fails
at Paterson. The Injunction was refused
by Chancellor Williamson In an
o1inion of great weight and
force, and although the Society pursued
its contentious for half century until
finally enioined itself from bringing or
maintaining further suits, no damages
were ever allowed the Society. nor was
the canal company's use OF the water ever
restricted for single DAY.
9,hese claims of the society are the stock
in trade of the Bartlett syndicate. and
have in the past been USED as pugoear
M deter the cities of Newark and Jersey
Clry from proceeding with any schemes
for drawing water supply from the up
per Passaic or its tributaries; they also
formed the pith of the notorious Hobart
water bill OF 1881, upon "hich oossrnor
Ludlow placed his heel
The Iehigh Valley Railroad Company
is the lessee OF the Morris Canal. and the
city of Newark elected TO deal with i as
a more responsible party than the society
for the Establishment OF OseIui Manu-
features as the agent to grasp The coveted
sources of supply in The Pequannock
reoion. IL being popularity OF the deal
that the Morris Canal had neyer had any
connection whatever with the watershed
Of that river, the right to control
which for the pun pose of pub
tic water supply is gravely
claimed for it in the preamble OF the
Newark contract. This fact demonstrates
that a coalition had been formed between
these rival claimants and h division or
spo!Is agreed upon at the expense pri-
marily of the people and taxpayers OF
Newark. who Cor reasons OF their own
consent to pay double the value OF the
DruDOyed aQucduct anu NOlkh, Ia view VI
he nresumed exclusive water rights be-
Leyed to be guaranteed to that city in
The water contract.
THE NEWARK CONTRACT
The Lehigh Valley Company mad guar
anreed to Newark that the East Jersey
Water Company, corporation which it
would form. would carry out the con-
tract and quiet all questions OF title, but
STIMULATED that sucii rights of condemna-
fior as Newark then had. or might there
after ACQUIRE, should be placed at its
service. Pursuant TO this arrangement
law was passed last winter under
w5;ch a city had the right TO so ahead
r nnd condemn lands on waters and rights
Or do anything in the way OF construct
re water works If il only las made a
Contract with water syndicate. but not
8 herwise.
Asr. Ward then drew attention to the
Dscvisions OF the statute under which the
various water syndlcates are organized
and showed that there was nothing at
present TO prevent the consolidation OF
varions water companies and the turning
in OF all drinking water or commercial
yalne In one pool. tha law expressly
authorizing such action. When that Is