The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1898-05-14

the case 5 McFarlan, renorted n 4th
Stewards Equity Reports, p. les, USED ms
langlage;- arant-
ed in 1874. This charter Is irrepeaiapie
and created a contract which -
of alteration or repeal by the Legtslatufs,
except by mutual consent. In faet, no Ell
fort has ever been made to effect any
change In 1t in the respects which are
material to the present case. u ~ I'M
affected by the provision of the Gonsiltu-
ton OF 1914. which interdicts the taking
Of property by private corporations Tor
public use without compensation nrst
made. By force of these charter powers
the entry upon. occupation of and use
of lands and the appropriation OF waters
necessary for the use Of the canal, az
from time to time may be Determined
upon by the company is MADE iaWlul.
The title to lands so taken, and the right
to the water SO appropriated, DO not
finally vest in the company, until compen-
sation be made; but. nevertheless, the oc-
cupation and the use thereof are lawful.
Judge V~redenburgh in reading the unan-
imous opinion of the Court of Appeals IN
the case of Barnard VS.. johnson, says
1T Is. the ! n19td,e BY b,e e6preys ie IS IT not
also so In its Intrinsic nature! our COM
mon roads. ~turnplkes. canals. ~plankroads
and railroads are equally, however dif-
fering in their mode of use, pupllc pas
sages common to all the people. The
canal is, therefore,, by its nature, by long
use, by dedication and by express stat
QlQTY cnacLIuGHt d RdpilE
You are, Of course, aware thai the
rights and privileges held by the Nor
ris Canal & Banking Co. are suDJect 70
duties 20 the public which are clearly SCI
forth In the Company's charter and which
it is upon the corporation TO
fulfil. The States large interest IN the
Canal and its reverslonary right therein
are also doubtless well known to you. The
Morris Canal being q public highway,
the Compan is bound to continue it as
such by maintaining the flow OF waters
therein for the purposes of navigation.
It is the duty, therefore, of the Conn
pany, as well as its right, to defend the
use of the waters which supply the Canal,
and the State having appropriated these
use is paramount to all other uses OF
the flow of the streams.
The bids against which the Company
demonstrated. ana must remonsarate
these waters by the bidders. irrespective
of the rights of the Canal This OF course
cannot be consented to. Ms interest OF
the State. as well as of the stockholders
and bondholGers of the ompan (whose
annual guarantee charges amount TO
$3.50, 000 forbid it. Possibly SONS bidders
is water enough in the Rocxaway and its
tributaries which supply the Morris Canal
10 supply not only the cana but also TO
supply Jersey, City; we know TINS = a
that in dry times the company has pare,
~ been able to continue navigation, and
in one extreme drought ~navigation was
of 1cod when there IS a surplus Of water.
iou'S coysBfN & coRBIN.
Attorneys of Morris Canal, Etc, Co.
Ordered filed. on motion of Mr.. Bailey.
From the Corporation COUNSEL
Jersey City, April 80, 1898.
To the Honorable the Board of Finance.
Gentlemen-The appointment of a Water
Registrar Of the water works of Jersey
City being for one year only, his successor
should, in orderly procedure, be elected
before the expiration OF that year.
He holds. however, until his successor
is elected. BY Chapter AZ of the Laws of
1881. it is provided that ''any officer OF any
city in this State who now holds or here
after shall hold any office therein, under
any law of this State. which likes, the
term thereof for a precise and determined
period, shall continue to hold such office
and exercise the duties of the same, not
w~ithstanding the time limited for it's con-
tinuance shall have expired. until his sue
cessor shall have been appointed and
qualified"
city officer is binding while he occupies
the office. unless it is otherwise expressed
in the obligation, or he is appointed his
own successor.
present Registrar and his sureties, l ad-
wise you that the same will be forceful
while he occupies the office under the
appointment recited in the instrument
ALLAN L.. McDERMOTT,
Corporation Counsel.
Ordered filed on motion of Mr.. Simpson.
From the Board of Aldermen
The following preamble and resolutions,
adopted by the Board of Aldermen at its
meeting held April Is. 1898, nj approved
by His Honor the Mayor. April n 1888,
was presented, received and ordered
..Whereas, In the interests of humanity
and liberty ii has become necessary for
the United States of America to inter-
fere with the kingdom OF Spain in her
barbarous and inhuman treatment of the
people of the Island of Cuba, and thereby
war has been initiated between our coEn-
try and that of Spain, and as a result our
President has found it necessary to issue
a call for volunteers: and
r"Whereas, In view of the said call, 1T
is the duty of every loyal citizen OF our
beloved Republic to volunteer his services
in the defence Of his country and the up
holding of its honor and integrity; there
fore. be 1t
city departments are requested in every
case where any eiTiploye OF the municipal
government shall volunteer his service to
bear arms in the coming conflict to grant
him leave of absence with full pay dur
ing the term of such service.
Resolved, That the City Clerk be di-
rected to forward a con of these reso-
lutions to the head Of each department OF
the city government"
Orderd filed. on motion of Mr.. Simpson.
From the City Collector
Jersey City, May 4, 1898.
Honorable Board of Finance
Gentleren-Schedule NO. / (sale No. 1)
sent to your Honorable Board February
I, 1898, which, by resolution of February
16, was ordered sold for taxes and assess
ments due and unpaid for two years and
over, amounting to $2S,057.93, without in
terest.
The amount unpaid at the time. of sale,
Tuesday, May 8, was S5,409.04, with in
terest and advertising, IS items.
At the sale yesterday l sold to outside
purchasers a6 pieces or items, amounting
to 50, 746.2 6. leaving unsod Y pieces or
items, amounting to ~. 662. IL.
chaser Of the pieces unscld, / adjourned
the sale to Tuesday, May 10, at one P. M,
at which time, If there any pieces re-
naming unsold, and the city is not rep
resented as a purchaser, / Will adjourn
the sale, without date, unless your Hon
orable Board otherwise directs.
s. H. SMITH,
City Collector.
Referred to the Corporation Counsel to
report thereon to this Board in writing,
1898, on motion of Mr.. Bailey.
From the Board of Street and Water
Commissioners
The following resolutions adopted by the
Board of Street and Water Commission
ers were presented, received and disposed
of as follows
/. Ordering paid certain claims
adopted April Is. 1889
2 To award contract to Philip Tumulty,
Jr.. for the construction of q eve in
Williams avenue, from about 100 feet west
of West Side avenue, to connect with sew