The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1894-08-03
JERSEY ClTY'S PART IN THE FIGHT.
Lehigh Valleys Money and
Newark's Political Influence
Too Much for the Com
missioners.
ALBEIT AND WERTs HELP.
The Last Bill In the Attorney
Generals Hands For His 0pin-
ion As to Its oonstitu-
tienality.

ti0nality.
In the article published in THE JERSEY
CITY News yesterday concerning the State
Water Board. reference was made to the
proposition of John R. Bartlett to the
authorities of New York in 1888 in the name
of the Society for Establishing Useful
Manufactures, the Lehigh Valley Railroad
Company, and the several water companies
controlled by his syndicate to furnish an ad-
di6ional supply of water to that city from
the Passaic water She'd and to the negotia-
tions commenced about the same time by the
city authorities of Newark and the Lehigh
Valley Company for supply of water to
that city from the reservoirs of the Morris
Canal. These aggressive proceedings at
tracted the attention of the Legislature of
1883 and these resolutions intended to define
the paramount right of the State over the
disposal of its potable waters, prepared by
the State Water Board, and introduced by
General William G. Heppenheiner, then a
member of the House, We're passed.
''Nhereas, Claims are made by individuals
and corporations to rights OF absolute own
ership in the potable waters OF certain lakes,
rivers and streams in this State, and the
parties claiming such ownership also claim,
IN virtue thereof, the right to divert such
waters and dispose of them for their own
profit and for that pdrpose to convey and
deliver such waters beyond the boundaries OF
this State for consumption in another State,
said parties derogating and denying the
right of the State of New Jersey to interfere
with the use OF disposition to be made of
such waters, except by the exercise of its
power of eminent domain, to exunguish the
title of the owners of tie soil forming the
lib ,,.irra A-fr nd
to condemn certain franchises and public
grants claimed by said parties; therefore
be it
..Resolyed, That the..Attolney General be
and hereby is requested tofufnlsh this House
with his opinion in writing upon the follow
ing points,
/. Has the State of New Jersey title as
trustee of the public and for the common
use and Deuefit, or otherwise, in and to the
waters i'll lakes. ponds, streams and freSn
water rivers within its boundaries, which
are necessary or useful for purposes OF pub
lie water supply or for the promotion OF the
public health, or which may become so!
CAN THE STATE CONTROL ITS WATERS!
~, Has the State by virtue of such trustee
ship. or otherwise, the right to regulate and
control such waters, and appropriate them
to common use for the purposes of pubic
water supply, and to that end authorize or
cause such waters to be permanently di-
verted from their natural channels!
-. Does suchsright of appropriation and
diversion exist as private right and as an
appnrtenance to the ownership OF the soil!
~. Is running water property which can be
the subject of salef
s. Has the State made grant of water in
the charter of the Society for Establishing
Useful Manufactures OF the amendments
thereto and if so, under what limitation!
e. Has the State made grant of water in
the charter of the Morris Canal and Banking
Company or its amendments, and, If so, I'M
der what limitation!
81 Are grants of water made by the State
to private parties without compensation re-
yocable by the State to meet public neces.
sity for the purpose of water supply to the
population OF cities and towns and purposes
connected with the public healthl
s. Does an Act of the Legislature ap-
proved March IS, 1888 Chapter 2lT, Laws OF
1855, authorizing the sale by canal com
pany of its real and personal estate. waters
and rights, confer upon the Morris Canal
aud Banking Company the power. to sell and
give title to any of the waters of this State
as ii such waters were its property; and II
u DOES not, does it confer upon it the power
OF sale and disposal of such waters If the
title thereto is in the State.
CAN THE WATER BE SOLD TO NEW YORK!
- Can the waters of this State. without
express authority from the Legislature, be
diverted and conveyed beyond the bound
aries of the State for sale or otherwise!
nlanent diversion of its potable waters from
their natural course to places beyond its own
boundaries without exceeding It's constltu-
tional powers.
IL Can the Legislature, by law or con-
tract. djvest any subsequent Legislature of
the power to use and control without exer-
cising the right of taking the same by the
exercise of the right OF eminent do nam any
OF the potable waters OF tire state, fiowinS OF
being in its rivers, streams, lakes, ponds CT
..kN at.faf rfa,af IrafrIC
lature shall deem necessary for the
use of the public. for drinking or other pur-
noses affecting the public necessity and
health. Does it make any difference in the
right of the Legislature whether such waters
are nayigable waters or mott,
ATTORNEY ENERALlS REPLY.
The Attorney-C General sent his reply to
the Legislature the following week, III which
he said:
-'rhe answer to any of the questions must
necessarily assume facts whlcn are not SUD
nf1tted to me and which would require time
to ascertain, and it seeais to II n iat It would
be lillwise for the Attorneg-GA va. to com
nit the State to All application II tae prin-
,iole of law to an uncertain state OF facts III
matters so mo1nentous The decisions OF
otia, courts show that certain parties nave
acquired for specific purposes rights and
interests of private nature i'll the use OF
waters within the territorial limits OF the
S,ate The extent of those rights and in
tcrests. so far as private and individual
Claims. as against one another are concern
eli has been the subject OF litigation and
the opinions of eminent judges have been
sriyeli upon the questions Immediately in
Solyed in those cases; but know OF no
c.,sns or opinion which would enable me to
answer by authority the questions PROFOUND
ed. The Connissionerso of State Water Sup
t ply. appointed by the Governor, have from
time to time, under She provisions Of the law,
1oneultad me in reference to dangers that
were apprehended from schnnies originating
outside Of our State. and / have examined
with care the positions which | thought
tian Of the problems involved depends upon
questions OF international law, the relations
IF the States to Que anosher under one sys-
TEN. as well as the riparian rights IN nav
ioable streams, lakes, ponds and waters Of
.ss1s,ore private character. The examination
$50. great questions in connection with
Sa1tprdsyst. 6 1.St jurrist Of our State now de-
house. house It waisus both that no safe applica-