The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1897-08-25
CLEAR AS PASSA|C,
Opinions as Are Opinions
on the City's Right to
Construct Waterworks.
CERTAINLY WE CAN. BUT
ASSUREDLY WE CANNOT
w. D. Edwards and John P.
Stockton Furnish Mayor
Hoos With Floods
Of Law.
BONDING QUESTION TIE BALK
What is the Limit of the Expense
We Can undsrtake-That
Popular Vote.

Mayor Hoos. a few weeks ago, invited
onin;ons from Messrs.s J. P. Stockton, ex-
A+tornav General w. D. Edwards, Allan
,5cDermott James B. Vredenburgh
and Corporation Counsel Blair as 10 the
Feasibility. of Jersey City building its own
water works and issuing bonds tnefelor-
Nassrs NcDermott and Judge Blair were
of opinion that the city, under the sta
tntes coiiid not build its works and issue
bonds while Mr.. Vredenburgh believes II
can. Recently Messrs. Stockton and Ed
wards sent in their opinions, and these
r-ora given TO ..,rhe News this morning
by the Mayor. W
In the following opinion by Mr.W. U.
Edwards. he leans to the side that the
city has no power:-
Jersey City, August Il, lssl-
Hon Edward Hoos, Mayor, jersey s,i,,;on Si,y
Dear Sir-I submit the following OPIUM
in answer to your inquiry of the itn lnse,, 1isa1
requesting me to advise you as 70 wht.,iiII5 tiiI5
or not Jersey City has the rignt 70 r5olbt puihq
its own water works, and II sucn IisiaS "a
EXISTS the limit of expenditure PROVIDED
therefor. ,a,,;ca-
ment the feasibility in law, and IN Iacs
of the requirement by the city dlrect %
= nermanent water supply in the noun
famous regions of this state, anu LIE
construction by the city of the Necessary ~
reservoirs and pipe lines for the storage
and conveyance thereof.
Prior TO the adoption OF the amenoiii5sintss 5itt
to the Constitution in 1915, Jersey lily,
as well as the other cities IN the Sta.e
derived practically all its municipal pow
ers from special acts OF the ta th citv
TO take the waters OF the PSssaic hlxei a,se
flowing between the villages OF Acquack,a-
nonck and Belleyille for WaIer SUI supPiSy. tSs
10 construct the necessary works Tor the
pumping and distribution Thereon IN Jer-
sey city and other places adjacent there
to- laws 1852, p. 419-3 or these Rur.
poses Jersey City was authorized at first
to issue bonds TO the extent of $500 go0
Under the various acts OF !consolldatlon
and under amendments to- this water ACT
and especially under the Charter OF lSid,
and the amendments thereof OF Marcn ..
1872. and March "a 1873 Ssection 60, i, water
were authorized to the extent of four mil
lion dollars. All of thesei acts. however
referred in terms to the then existing sup
ply from the Passaic River
No power is given to Jersey City TO ac-
quire any water Supply except from tne
Passaic River at BellevlIle, under any
Since 1874 no water bonds have been is
sued (other than a small amount for new
pumps except to refund maturing bonds;
during those years large sums of money
We're expended in extending. the piping
system throughout the city; these moneys
%s1e pana tua and by borpo3yng from the
general account. In 1891 the Legislature
authorized the city to fund that part OF
general eaTss account IawS ISL p 4ss5 this
was done.
l cite these laws to show that. without
general legislation, Jersey City has long
ago exhausted its special powers to issue
water bonds
In 1876 claws 1875. p. 1860 an act was
passed to enable cities to supply the in
habitants thereof with pure and whole
some waterf This act prov ided a general
scheme for the requirement and construc-
the condemnation of water rights and the
construction of works under contract.
after PUBLIC bidding. This act, II accepted
by Jersey City upon vote of the people,
would authorize the city ito acquire "a
water supply and build the W orks. but the
limit of expenditure is fixed 4 $50, ,000.s BY
Laws 1877, p. 119), this limit was increased
to 81 1.000. 900, and the scope of .the act was
especially ENLARGED, to cover aliy city then
works, upon which point theme had been
doubt. OF course the limit of expenditure
above fixed is far below the col needed cost
of new supply to this city
The rights of eminent domain conferred
by the act Of 1876 and the su pplements
for our city, but this objection is re-
moved by AN Act to empower cities to
acquire land and other property ft ,r public
use by condemnation G1aws of 1885, p.
Z
demnation over lands. water and water
rights are given. This act was dis cussed
the Jersey City Water Company cas-, (van
Reipen VS.. Jersey City, 20 Vroon 262),
where it was held that the water rights
of the Morris Canal, necessary for navi-
cation, could not be taken under that act.
although the Court expressly decides that
the Legislature has power to grant the
legislation upon compensation made 1rhis
decision, however, does not directly de-
eide he question of the condemnation of
the surplus waters claimed by that con L
pany; in my opinion they can be take n
under the act of 1885,, above quoted, "a
passed upon by the Supreme Court. l
may. remark in passing that the city,
would would have no greater difficulty on
this point than private contractor to
whom water contract might be awarded.
The only remaining question is as to
whether the power of Jersey City to issue
bonds for new water supply has been
enlarged since e the The enactment Of the limi-
tation of 81 ,000.0 .000 contained in the sup
PIGMENT of 1877, above mentioned. All
power of issuing bonds must be conferred
on the municipality by the Legislature in
tom. the city has no inherent power of
bonding in itself. The only act bearing
Of the first class Of this State to issue issue
bonds in order to provide and maintain
a supply Of pure and wholesome water.
The grant of bonding power in this act
is very much confused. The first section
provides for the issuance of bonds for
the purpose of procuring an adequate sup
ply Of pure and wholesome water to the
extent that may be necessary for that
purpose. LAS PROVIDED IN THE SEC
OND SECTION of this act. The trouble
is with the limitation contained in the
capitalized words
The second section provides ~ that
NO bonds are to be issued to take.
according to the terms of an option
contained in any water contract tre-
a a ff9f4
made for q supply by the. million gallons
under the law Of 1885, page $685. etc.) until
such purchase shall have been submitted
to and approved by vote of the people.
and CD that no bonds in excess OF, 500, 600
shall be issued for any other purpose in
connection with water supply except
upon such approval by a vote Of the.
people.
No machinery is provided for submitting
this question to vote Of the people, for