New-York tribune., 1899-09-17
LOW ON DISPUTED SECTION.
Continued from first pagc.)

a u
Of time and amount designated. on his own in
dividual responsibility
The Ramapo Water act CchaptNr 9S1 Of t.'-
Laws Of 1880 in its first section authorizes the
Ramapo Water Company 10 acquire such lands
and waters along the watershed Of the Ramapo
and along other watersheds and their tributa-
ries may be suitable for the purposes Of ac-
cunuating and storing the waters thereof. etc,
Section Of the same act reads: said corpora
tion may contract with any corporation IN this
state, public or private. to furnish water for
any of the purposes in this act mentioned. and
every corporation in this State is hereby author
tied 70 enter into such contracts with said cor
poration for any length Of time that may he
deemed advisable
The point t notice in this law is. hrSt oil
ALL that the Ramapo Water Company is author
i7ed to acquire by purchase condemnation
not only such lands and waters along the water
shed of the Ramapo but also along such other
watersheds and their tributaries as may be suit
able for the purposes of accumuating and stor-
ing the waters thereof etc. The Ramapo Water
Company is also specifically given the right to
enter into contract with any city Of the state
In other words by this legislation. lying al
together outside Of the city charter. the city OF
New York appeared to be threatened with two
dangers on the other hand, by general law
Of the state the Commissioner Of Water sup
ply II such an Office should be created would
be authorized on his individual judgment to
bind the city TO such contract FOR at least a
term Of ten years, under such conditions that
the city would be obliged TO supply the money
to comply with the terms Of the contract
on the other hand the Ramapo Water Com
rany was given such broad powers as "a the
condemnation Of water in any watershed Of the
State as to make 1t uncertain whether the city
would find free sources available when It wished
10 extend it's waterworks a public improve
ment.
This being the twofod danger, the Charter
Commission met II in the following way; By
Sections 4S4 and ~ Of the Greater New-forK
Charter. the city Of New-York is given authority
to condemn lands under water the water OF any
lake pond or stream. all water rights or privi-
leges ana any or all easements and heredita-
ments cc-poraal or incorporeal and every es-
tate. interest and right legal and equitable, any
lands or voter. or any privilege or easement
hereunder. including terms for years and liens
thereon. by way Of judgment, mortgages or 9TH
erwise. and also all claims for damages TO such
real estate These sections make the city mas
tor Of the situation 50 far as such egislation
can. in the sense that no private water company
can corner the city into making contract with
It on its own terms by pointing out that it
owns some watersheds tLat the city wants.
POWER OF CONTRACT RESTRICTED.
"Now we come TO Section Al Of the char
ter which must be read In connection with Sec
tion 16lN OF the same act Section al
is entitled A Restriction on the Power Of
Contract If this section IS read in the light
Of the foregoing explanation it win he seen
tho - flla int. of la
mission t. make it impossible for the Commis-
sioner Of Water Supply TO enter into any con-
tTaCt with q private company under thapltI
l3o Of the Laws Of 1854 1t viii be observed
that Section Al gives no power To- the COM
missioner Of Water Supply to make a contract
but il limits his power first by providing for
the assent Of the Board Of Public lmproV",
ments, and, second, by stating mat IL sh@il
not be lawful for the said city Of New York. or
for any department thereof, to maxi any con-
tract touching or concerning the public water
supply. and especially the Increase thereof
with any person or corporation whatsoever
save in accordance with the provisions and re-
Qurements Of this act which said provisions
and requirements are hereby declared 10 es.
tahlish the exclusive rule for the making Of
such contracts In order to make assurance
doubly sure. Section 1.GlS inserted in
to the charter. which reads as follows. This
act or any section OF provision thereof, shall
not be deemed to he repealed or amended by
any act Of the Legislature. unless 1t be go ex-
presely stated, or The legislative intention 10
that effect is unmistakable.
In other words. the intention Of Section
| Al. as prepared by the Charter Commission,
was as its title indicates, to restrict the powers
to contract which appeared TO inhere in the
| Commissioner Of Water supply by virtue OF
| Section go Of the Laws OF 1894 while Sec
! ton 1GlS was intended to prevent any
modification Of the charter conditions by gen
! eral legislation not specifically intended 10 mod
! ify them.
"Of course I am not a lawyer and those sec
| tions We're not drawn by me personally. My
| recollection is that they were drafted by Judge
1 - sIs lou hi
! White had called my attention. II Section "A
| Of the charter IS compared with Section AL, II
| will be seen how differently the charter Is
| worded when IL was the intention Of the Com
| mission 10 confer a definite power TO contract.
! Section Al reads: The Commissioner Of Water
| Supply IS authorized on behalf Of the city Of
| New York with the preliminary consent of the
| Board Of Public Improvements and the Board
| Of Estimate and AppOrtiOnment, to contract
from time TO time with the city Of Nonkers. etc.
| This is a modification Of a section Of the old
| Consolidation act Of the city of New-York.
| When read in contrast with Section al II
seems 10 me clear that Section AL, instead or
| being permissiye, IS altogether restrictive. as
| the Charter Commission intended II 70 be- l
| am also clear in my mind that the restrictions
| established by this section are two In number.
| The Commissioner Of Water Supply, in order 10
! be authorized to enter into any contract FOR the
| increase Of the water supply Of the city must
have first the assent Of the Board or Pubic
| rmuroyements and second. he must comply
| ,.ith all the provisions and requirements or the
| Greater New oIk CHaIter Ieid'i"s ~ 'iV "'""
| ing Of contracts. 90,
2This statement think viii dispose finally of
| the idea to which am told certain currency mas
! reen given that either General Tracy or MT.
| butcher manipulated the charter In the interest
| of the Ramapo Water Company The is~t Is
inst the reverse. that the Charter Commissi u
| endea vored 10 make 1t impossible for the CITY
| ~ he imposed upon by that company, or any
| o,ber unless the authorities Of the city, acting
| IN the most deliberate manner, should prove
! falee 70 their trust. In saying this. ought 10
| ,4 that do not even know what contract has
| 1een proposed with the Ramapo Water Com
many. so that am not in a position at the iIe7r
| ~, tine to have any opinion on the merits oi
| ,to ,raet{on | would like 20 point out now
ever that the people to be held responsible for
| what Is done under the charter are not mos
who drafted that document Dn' mos - n,,a nor,
| '''-' ba committed the care