The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1898-05-17

LdWS Ol 1865, pdSG 0zl-
The following acts among others may
also bear upon the subject
Laws of 1922. page 70.
Laws of 1923, page las.
Laws of 1923, page 1874.
Many of these acts have been con-
strued by the courts as the numerous de-
cisions will show. Rights have also been
obtained by purchase. donation, occupa-
ton, condemnation and long use.
h Court of Errors and Appeals. in its
unanimous decision in the case of Nc
Reports, p. 706, used this language
THE charter of the company was grant,
ed in 1924,
a contract which is incapable of alteration
or repeal by the Legislature, except by
mutual consent. In fact, no effort has
ever been made to effect any change In it
in the respects which are material to the
present case. Tx is unaffected by thep pro-
visions OF the constitution of 1914, which
interdicts the taking of property by
private corporations for public use with
out compensation first 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, as from time to
time may be determined upon by the COM
any is made lawful. The title TO lands
so taken, and the right to the waters so
! appropriated. do not finally vest in the
company until compensation be made, but.
nevertheless, the occupation and use
thereof are lawful"
Judge Vredenburg in reading the unani-
nous opinion of the Court Of Appeals in
the case OF Barnard VS.. Johnson, says
at is therefore by express legislative en-
actment a public highway. Is it not also
in its intrinsic nature? Our
common roads, turnpikes, canals. plank
roads and railroads ; are equally
however differing in their mode of uses.
public passages, common to all the people.
The canal is therefore by, us
nature, by long use, by dedication and py
express statutory enactment a pubic
hjghway."
You are. of course, aware that the
rights and privileges held by the motifs
Canal and Banking Company are subject
to duties to the public which are clearly
set forth in the eompany's charter, ana
which it is incumbent upon the eorpor-
! alton to fulfill. The States large inter
| est in the canal and its reversionary right
! therein are also doubtless we'll known to
| YOU. The Morris Cana being a public
| highway, the company is bound to con-
tinue it as such by maintaining the flow
of waters therein for the purposes OF nafi-
CATION.
It is the duty therefore of the company
as well as it's right to defend the use OF
the waters which pply the canal, ana
the State having appropriated these va
tiers, first. to the use or the canal, tnaI
use is paramount to all other uses OF
the flow of the streams. The bids
against which the company demonstrated
| and must demonstrate seem to eonteIn-
plate the controlling of these waters py
| the bidders, irrespective of the rights OF
the canal. This, of course, cannot pc as
scented to. The interest of the State as
well as of the ~tockholders ana
anteed charges amount to $190,00O FORBID
it. Possibly some bidders have proceeded
on the theory that there is water enough
in the Rockaway and its tributaries. which
supply the Morris Canal, TO supply not
only the canal, but also supply Jer-
sey City; we know this is a mis-
take, for long experience has shown
that in dry times the company has barely
been able to continue navigation and In
one extreme drouth navigation was sus.
| pended. There are, of course, times OF
flood when there is a surplus OF water.
CoRBIN & coRBIN.
Attorney OF Morris Canal and Banking CO.
Received and ordered filed
From the Water ASSESSOR
In relation to prospective income for
water rents for the year lssS-lSs9,
Received and referred to the COMMITTEES
on Assessments and Extensions.
Prom the City Wharfnger. Morgan
| street dock
Rendering statement of an moneys re-
ceived and expended from March 81, 1898,
to MAY 2, 1898.
Received and ordered filed.
From the City Clerk
T~ransmitting resolution and preamble
in relation to our war with Spain grant,
ing leave of absence with full pay to all
employees desiring to enlist.
Received and ordered filed.
From the Commissioners of Assessment
certifying to the Board in relation to the
proposed cnan&6 Oh SIdue on NllkllSOA
/ avenue, between Ocean venue and Gar
| field avenue. that no damage will be sus-
tanned to any owner of property by rea-
! son of said change of grade.
From the same Commissioners
| Certifying to the Board in relation to
| the proposed change of grade on Stevens
avenue. tina no damage will be sustained
to any owners of property by reason OF
| said change of grade.
! Received and ordered filed.
REPORTS OF CHIEF ENGINEER.
The Chief Engineer reported certificates
in favor Off
Sheridan & Shea Co, s12T.7s. supple
mentary inal, on account of contract No.
s97.
Edward o'Neil. 1000, on account Of con-
tract No. 1.042.
! tract No. 1,Q49.
Z, Philip Tumulty. Jr., $1,246.9 80. on account
of contract Nc. 1851.
Edward w. Conlon. $500. on account of
| contract No. 1.066.
Charles Conley s Co, $1,000, on account
of contract No. 1904.
Henry Byrne sl,44o.5s, on account Of
NJ T Connolly, 5000, on account OF
contract No. LOGS.
Charles O. Neil, $500. On account of con-
tract No. 1,0T2,
Sheridan s Shea Co, $1,000. on account