The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1897-08-25
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ton Of legislation which created a sys-
TEN by which the cities were 20 pc sup
and which was modified from time to
time as the Legislature in it's wisdom
The restrictions in the second section
directly refer to- previous legislation, and
prohibit an attempt to, construe the act
as an isolated law. TIL first clause Of
the Second section Of the act refers di-
rectly to the exercise of an option under
a contract. This refers to previous legis-
! lation and renders 1t Impossible to con-
J slider the act of 1895 as Isolated.
! The act approved April q, 1888, T. L.,
366, is entitled .An act to authorize any
Of the municipal corporations of this
Their or other supply of water therefor
Pursuant to this act the East Jersey
contract. dated September Il. 1883, by
which the company bound itself to con-
struct. works capable OF supplying the
also contained a provision giving the
municipality an option, to be exercised at
any time prior to the expiration OF one
of purchasing the works, with the water
rights.
It is manifest that the first clause of
the section requiring, the question to be
submitted to a popular vote referred to
contracts that might be made under the
act of 1888.
the Question came before the Supreme
! Court whether proceedings under an act
approved March II, 1891. to condemn lands
for the purpose. of laying down pipes to
be used in supplying the city of Newark
| with water was inefficacious, because the
use to which the lands were to be con-
demned was not specific.
The Court said that the qualifying word
lawful" limited the use to such as was
sanctioned by the Legislature, so that a
city proceeding under this act may show
that it is seeking to acquire land for a
purpose which the Legislature, either in
general laws, or in special laws iappliea-
ingness to promote by this power of
eminent domain.
Justice Dixon. in delivering the opinion
of the Court, said:-"It is plain that the
Legislature has pointed out the supply
ing of water to municipalities as one of
those public uses for which the right of
eminent domain may be put in force
This appears on examination Of the
| general law, entitled IAN act to enable
cities to supply the inhabitants thereof
with pure ana wholesome. water, APPROX
ed April q, 1876, and the special laws
relating to the city Of Newark, to be
found in the pamphlet laws.
The act of 1876 is manifestly referred
to by the provision in the second clause
| of the act of 1895. 1t reads as follows:-
provided that the issue of bonds here
under, other than that authorized to pay
for the purchase according to such. OPP
ton, if exceeding five hun-
dred thousand dollars, shall be submitted
to popular vote in such city and be ap-
proved"
The first section provides that the cities
of the frst-class. for the purpose of
procuring and maintaining an adequate
supply of pure and wholesome water, are
hereby authorized to issue and provide
for the payment of their bonds to the
extent that may be necessary
This is authority to issue bonds that
may be necessary for the accomplishment
of the purpose contemplated in the act
of 1876. and in the exercise of the power
therein given.
In Stroud vs.. Consumers Water Com
pany, Justice Reed said, commenting on
this act
"The purpose of this act is to enable
| cities, if they wish to do SO, to take into
their own hands the supply OF water. 1t
may be supplied already by corporate en-
terprise, but this act enables the NUM-
cipality itself to supply water
The power to accomplish this purpose
denim land and sources of water supply
and build it's own works and lay it's own
pipes. 1t can do all this under the W
granted so long as the exercise Ct the
municipal needs, is not so grossly abused
as to call for the supervisory interposi-
ton of this Court"
enable cities to supply the Inhabitants
thereof with pure and Wholesome wrster'
The first section authorizes any city to
take and carry from such source or
sources as may be practicable, into and
through said city, such quantity of pure
sary for domestic and other purposes.
etc. They may purchase water works
and all the real estate, personal prop
erty, corporate rights, etc., of water COM
panies, etc. They may purchase and us
pose of all real and personal property
necessary for the purpose of the act.
They may contract and maintain all nee
essary works and appurtenances, includ-
ing the right to lay water pipes IN said
city.
The second and third sections authorize
the condemnation of property when the
city cannot agree with the owner.
The fourth section provides for the APP
pqlntment Of engineers ands.employes
contracts shall be ma9esfor the execution
of the work, requiring contracts for any
expenditure over five hundred dollars.
The seventh section, as amended March
9. 1897, authorizes the borrowing of n
sum not exceeding one million dollars by
the issue OF, bonds.
twelfth sections provide for the manage
ment of works after they are constructed.
The thirteenth and fourteenth provide
for raising a deficiency in water receipts
by taxation.
The fifteenth provides a penalty for in
The sixteenth provides for the adop-
| ton OF the act by a majority of the legal
| electors, and makes the act imperative
in any city until this condition is com
piled with.
The supplement of March 8. 1877, sec
lions 4 and 5, provide. that in any city
ers, the said Board shall exercise the
power and privileges conferred on the
Board Of Aldermen or other legislative
| authority by the act.
works may enjoy and exercise all the
powers conferred by the act SO far as
the same may be applicable anu w4tiI no
other restrictions than are therein con-
tanned and specified.
A supplement of 1883 provides that any
| city which may have adopted said act,
or shall adopt it, be authorized to pur-
chase or condemn the right or privilege
to lay down water pipes through and