The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1897-05-20
GRIGGS VILLAINY.
Lame and Impotent Guberna-
torial Plea for the Della
ware Dam Bill.
the Newark eEvening News.n)

(From the Newark "Evening News.")
Governor Griggs' explanation Of his
reasons for signing the Delaware River
Dam bill is worse than no explanation
at all. The act of doing all that he
could to hand over to SPECTATORS, with
out compensation to the State, franchises
and powers worth millions of dollars,
would have been quite as graceful If he
had not tried to excuse 1t.
His memoranda filed with the signed
Dill read as If he had not read the meas
ure at all. He speaks of 1t as If it APP
Piled only to the Delaware River. 1t APP
plies to any and all streams Of New Jer-
sey. 1t gives to any company of three
or more persons, with $1,000 capital and
$1,000 paid in, the power to construct,
erect and maintain dams on rivers and
streams at such points and at such
heights as may be by them deemed neces-
sary or advisable, and the right to flow
back and raise the water in such rivers
or streams above such dam to a height
not exceeding ten feet above common low
water of such rivers and streams Also,
Il provides that any $1,000 water power
company shall be able to bring about the
condemnation of amy waters, streams,
lands. property. materials or franchises
- - ~ " lllC
said dams, on rivers and streams" Upon
its application a Justice of the Supreme
Court shall appoint three commissioners
to condemn the property. The owners
are to be permitted to appeal to the next
Circuit Court against any decision of
the commissioners but the company is to
take possession Of the desired property
without being compelled to wait for the
consequences of the anpeal
And this is the measure which in the
Governors words gives powers to cor
porations similar to those possessed by an
individual riparian owner" 1t will be
news to the riparian owner to hear that
II he happens to have 81, 900 he has the
l1gnt to exercise the States power of
eminent domain, and to force the. con
of all waters, streams, lands.
property, materials or franchises" which
may be necessary to enable him to con-
struct a water power plant not in the
neighborhood of his own roperty alone,
put also along any stream in New Jersey.
Riparian owners usually know all their
rights, but few of them know that they
were SO richly lowered as the Governor
makes them out to be.
Then there is the utter harmlessness of
the new law. This BILL" says the Gov
lar to those possessed by an individual
riparian owner and with the consent of
Pennsylvania. corporations formed under
ILLS pAl may eNIGnQ dams all the way
across the river. providing proper fish
ways for fish and. canals for RATS or boats.
! fail to see. any danger to the public from
the FORMATION OF such corporations. No
proprietary right of the State is granted
away: no owe to sell the water is con-
ferred.' The Governor heard testimony
from experts thoroughly acquainted with
the fishing interests of the Delaware and
The, habits. OF. the shad. He heard their
declarations that canals and 1--WE are
no substitute for the natural bed of the
river, and that the building of the dam
VIII bring injury to the great and con-
stantly growing fisheries. Presumably he
knows, too. of the beneficent effect upon
Inc Passaie River which has been exerted
py the Dundee Dam. He knows how
fondly people who live near the filth ac-
cumulating basin above that dam remem-
per in their prisons the virtues of the
corporation that built and maintains it.
And yet he fails to see any danger to the
pubic from the formation of such cor
porations and the giving to them of power
10 bu1ld dams wherever they please.
But 1t is when he comes to the question
Of compensation to the State for the
grant Of Immensely, valuable privileges
chises- granted are valuable" a he.
the State can tax them every year by
a franchise tax that will cover every
the State should receive" OF course ex-
perience and common sense show that
f fnlT + the way a}yt to get gern compensation for
away freely and absolutely at first, and
then, afterward, collect compensation for
their exercise. 1t is so easy to make
fair and equitable bargains in that way.
1t is so sure that the State will get every
penny of compensation that it ought to
get. Mr.. GriggS goes even further, for
he is certain it will get not only all to
which 1t Is entitled, but every penny of
compensation amy one may think it
should receive.
Mr.. Griggs is a man of alert mind and
wide experience, and he must be con-
scious of the pitiful eakne of his ex-
PLANTATION of his approval of his bill. But
It doubtless was the best explanation
that he could frame in seven weeks Of
effort. He knows that to the company
which proposes to build the Delaware
dam, concurrence by Pen~nsylvania's Leg
islature and Governor In the New Jer-
sey act would make a present of a priyi-
lege which would at the instant of its
granting be worth millions of dollars, and
could be sold for a great amount or
made the basis for the issue of millions
Of dollars of bonds. He knows thai this
gift Is one that the States can make or
the States can withhold and that it is
theirs to exact compensation and impose
conditions. And knowing all this he has
signed a bill which does all New Jersey
law could do to make the gift freely and
absolutely, without any restriction ex-
cept that the right of cities to draw water
supplies from the streams shall not be
~