The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1898-07-09
Journal Water Law.

The Evening Journal has been re-
calling its readers of late with some very
bad law concerning the Morris Canal ard
It's water rights. The Journal in IT'S
capacity of East Jersey annex. has ar
ranged to have the Canal Company a
don the navigation Of It's pellucid stream,
with the ultimate intent of diverting its
water rights to the supply of Jersey City.
According to the Annex the CanalConl-
pany has a fee simple title to every
stream in the Passaie Valley with a con-
tingent reversion in the clouds lowering
over it. Up to recent years these waters.
so the story runs, could only be used for
purposes of navigation, but in 1888 an act
was passed by the Legislature permitting
the Canal to discontinue its franchises Of
navigation, and to use the bed of tile
canal, through Jersey City and Newark,
as a right of way for a railroad and to
sell its water rights terrestrial and celes-
tial..
In order to give color to the story the
annex pretends last evening to quote
the act of 1888 in full. The first section,
as quoted by it. reads as follows
L. That any canal company organized
or special law of this State, and any.
lessee of the franchises and works OF any
such corporation. may and shall be re,
leased and discharged from any and
every obligation at law or in equity, 20
maintain and operate the works OIL Sitcil
company for navigation purposes. upon
be perpetual, then upon such lessee filing
In the Office of the Secretary of State a
certificate Of intention to cease the opera
tion of said works for navigation pur-
poses. which certificate shall state the
date on which such operation shall cease:
provided that nothing herein contained
mortgage or other lien obligation of such
corporation in respect to the portion of
the franchise of such corporation so sur
rendered. nor shall the provisions of this
act take effect in such case without the
consent of the bondholders secured by
such mortgage. and Of such other hem
holders. or in case the consent of any
such bondholders secured by mortgage
cannot be obtained. until there shall be
deposited with the trustee or trustees of
the mortgage an amount of money equal
to the principal and interest due and to
become due on all the bonds of such dis
senting ~bondholders: and in case of such
to Such trustee or trustees. Inc
said COMPANY or lessee paying the amount
of any principal or interest on any such
bond to the holder thereof, shall. on maxi
ing satisfactory proof to said trustee or
trustees Of such payment. be entitled to
receive from such trustee or trustees the
amount of such payment from time to
vided further that this act shall not affect
any suit or legal proceedings now pending
against any canal company. nor apply
to any company which has not heretofore
nxanCiEnd tho fra11ahiCa nf n1Uiplflnn con-
ferred by its charter. or any supplement-
or supplements thereto; and provided fur
ther that any canal company Or rs
the provisions of this act shall file its
certificate of intention as herein provided.
Through some mistake. may be of the
office cat, or possibly by direction Of the
financial end. nine words at the end of
the section are omitted; ordinarily such
an omission from one of our long-winded
statutes would not affect the body of the
act. But here are the omitted words
~Within five years after the approval Of
this act"
OF course. this proviso spoils the whole
fabric of the story, because the Canal has
not filed its certificate of intention, and
the act died in 1898.
Really the .'Journal' should discharge
It's legal reporter. AS Congress has ad-
journed they might employ Mr.. Thomas
McEwan to edit its Morris Canal column.
To be sure the erudite Congressman
knows more about postofices than he
does about water; still, we would prelict
equal success for him in both capacities