The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1898-04-30
CLAIMS The EARTH
Morris Canal Tells the City
What 1t Owns in the
PaSsaiC Watershed.
COMPLICATED ENGINEERING WORK
The Company Will Protect Itself
Against Bidders Vino Quss-
lion lis Rights.

Against Bidders Vino Ques-
tion Its Rights.
Corbin & Corbin, counsel for the Morris
Canal and Banking Company, this morn
ing sent to Allan McDermott. Corporation
Counsel of Jersey City. a reply to the
city's request that the company define its
lain to the water sheds from which the
city proposes to secure a new water sup
ply.
The following is the text of Mr.. Cor
bins reply
Jersey City. N. j. April %, 1898.
Hon. A. L.. McDermott. Corporation
Counsel, Jersey City. N. j.
Dear Sir-In reply to your verbal re-
quest, recently submitted, asking for a
more definite statement of the rights OF
the Morris Canal and Banking Company
in the waters tributary to the Passaic
River. to which the company called the
attention of the city in February last,
we would say that it would be imprac-
ticebie to set down in detail all the lights
II the company in those waters, or pre-
eisely how they would be affected by a
diminution of the flow in the streams by
the taking away of the waters for other
The Norris Canal. as constructed, is a
complicated piece of engineering work.
Involving dams, a~queducts, reservoirs,
pumps, slulces, feeders, overf1oWs. siphonS,
outlets planes, locks, water wheels, slack
water navigation and other devices, fali
calculated to maintain, from the avail
able sources of supply. a flow of waiter IN
the canal sufficient for navigation. and
yet not SO great as to destroy the works.
In certain places the entire flow OF
streams is taken into the canal and at
other places the canal and stream are
sone and the same thing. the boats being
ffoated in the stream as raised by dams,
as for lamp at Dover and Powervllle;
at other places the water IS used for
power to haul boats up the inclined
planes. as at Boonton-
These several uses, and others that are
made of the waters, are all matters OF
public notoriety and are open to the OBJ
s~ervation of everybody. The canal has
been operated by its present methods
for more than sixty years.
AS 10 the legal rights of the Canal Conn
pa1iy, we may refer you TO the charter of
Laws 81 1924. pages 151 and 15S.
Laws of 1928, page Sc.
Laws of 1889, page II.
Laws of 1882, page lag.
Laws OF 1885, page Il.
Laws of 1885, page go.
Laws of 1915. page 1aA-
Laws OF ls49, page So.
Laws OF 1855, page 2l9.
LAWS Of ls6a, page 26i
Laws OF 1867, page 25l.
avs 1858, page ll2l.
Laws OF 1871, pag IA.
Laws of 1873, page 1347.
Laws of 1873. page 81.
The following acts among others may
also bear. upon the subject
Laws OF 1875, page las.
Laws of 1922, page 1S.
Many OF these acts rave been construed
by the courts. as the numerous decisions
viii show Rights have also been OBJ
tanned by purchase, Donation, occupation,
condemnation and long user.
81 Thl Goy1rf of Error and AnppalS in its
Farlan reported in 4th Stewards Equity
Reports p. 706, used this language
sarhe charter of the company in 1924. .
This charter is irrepealable and
created a contract which is incapable of
alteration or repeal by the Legislature,
efforts have ever been made to effect any
change in it in the respects which are
material TO the present case. 1t is un-
affected by the provision Of the constilu-
tion of 1914. which interdicts the taking
OF property by private corporations for
z pa ade. use wishG By f sompe N tbeEe. ch Illre
Ter powers the entry upon, occupation of
and use of lands and the appropriation of
as from time to time may be determined
upon by the company, is made lawful.
The title to lands so taken, and the right
fnally vest in the III until com
rensation be made; but. nevertheless, the
occupation and use thereof are lawful"
0aASC l. Il IGdQillE lft lDdll-
imous opinion of the Court of Appeals in
the case of Barnard VS.. Johnson, says
1t is. therefore,. by express legislative
enactment q public highway. Is ii not
also SO in Its intrinsic nature? =
Our common roads. ~turnpikes. canals,
piankroads and railroads are
Of uses, public passages common to all
the people. The canal is. there
fore. BY its naturex by long use, by dedi-
cation n BY Express statutory enact
You are of<tourse aware hat the rights
and PRIVILEGES held by the Morris Canal
& Banking Company are subject to du-
ties to fhe public which are clearly set
forth init company's charter and which
it Is incumbent upon the corporation to
fulfil. The States large interest in the
Canal and its reversionary right therein
are also doubtless well known to you.
The Morris Canal being a public highway,
the ompany is bound to continue it as
such. by maintaining the flow of waters
therein for the purposes of navigation.
1t is the duty, therefore, OF the COM
pany, as well as its right, TO defend the
use of the waters which supply the
Canal, and the State having appropriat-
ed these waters, first to the use of the
Canal, that use is paramount to all other
uses Of the flow of the streams.
The bids against which the company re-
monstrated and must demonstrate, seem
to contemplate the controlling of these
waters by the bidders. irrespective of the
rights of the Canal. This of course can
State. Is well as of the stockholders and
bondholders of the company twhose an
nual guaranteed charges amount to $780,
00o) forbid It. Possibly some bidders have
proceeded an the theory that there is
water enough In the Rockaway and its
tributaries which supply the Morris Canal
to supply not only the Cana but also to
supply Jersey City. We know this is a
mistake, for long experience has shown
that in dry times the ompany has bare
IL been able to continue navigation and
VI In Q8a qxfrpma drn11fb qufpafiap ~
suspended. There are, of course. times
of Hood when there is a surplus of water.
Yours very truly,
CORBIN & CORBIN,
Attorneys of Morris Canal & Banking Co.
L0RILLARD SCHOOL CLOSED.
Kxcellenf Programme Rendered Last