The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-09-17
RAMAP0 AND THE CHARTER.
SETH Low SAYS TEE CHARTER MAX
RRS WE'RE ON THEIR GUARD.


President Seth Low OF Columbia University
had hardly reached his home at 80 East Sixty
fourth street yesterday after disseminating
from the steamship st. Louis when subpoena
server found him and delivered a summons
for him to appear before the Mazst Com
mittee on Tuesday morning. President
Low said that he would certainly he
present and willingly answer all
questions relative to the City Charter and Its
bearing on water supply contracts. Mr.. Low
devoted all his leisure time OF the FIRST day
ashore to preparing formal statement on
that same subject In this statement he says:
Il had the general charge OF the chapter in
the Greater New York Charter relating to tho
Board OF Public Improvem ents. for the reason
that the crude suggestions OF such q Board
originated with me. On the other hand.
no chapter OF the charter received
more careful attention from the Com
mittee on Draft. as a whole. Tor the reason
that. as the charter developed 1t became nee
essary to adapt this chapter very carefully to
the general scheme While this work
was In progress. my friend, Mr. Alfred
Y. White. recently Commissioner OF City
Works OF the City OF Brooklyn.
called my attention to the Transportation
Corporations Law Chapter 500 OF the Laws OF
1SsO) as amended on page 2l55 ofthe Laws
OF 1892. providing for the incorporation OF
water works corporations. and by Chapter 230
OF the Laws OF 1894 also the act to limit and de-
fine the power OF tho Ramapo Water Company
Chapter 9S5 OF the Laws OF 1889 Mr.. White
pointed out that in his opinion great injury
might be done to tho city under the operation
OF these laws. unless the charter OF Greater New
York was carefully drawn from tho point OF
view OF this legislation.
The law OF 1892 10 important only as pro-
Niding for waterworks corporations and giving
them certain powers. Chapter $50 OF the Laws
OF 1894. on the other hand, amends this law
very Importantly. 1t makes Section 81 OF the
Transportation Corporations law road 30
that the Board OF Trustees Of any in.
corporated village and the Water
Commissioners or other board OF officials per-
forming the duties OF Water Commissioners
and having charge OF the water supplies OF any
city in this State. shall have the power to con-
tract. In the name and behalf OF the municipal
corporation OF which they are officers. for
the term OF one year or more. for the delivery
by such company to the town. village. or city.
of water through hydrants or otherwise.
for the extnguishment OF fires and for
sanitary or other public purposes: and
the amount OF such contract agreed to
be paid shall be annually raised as part
OF the expenses OF such town. village. or city
and any such contract entered into by
any town board. or by the Board OF Trustees
OF any village. or by Water Commissioners
or other board performing the duties OF Water
Commissioners and having charge OF the
water supply Of any city. shall be valid and
binding upon such town. village or city: but
no such contract shall be made for a longer
period than ten years nor for a sum exceeding
in the aggregate two and one-half mills for
every dollar OF the taxable property OF such
town. village or city per annum. except upon a
natitton nj aipritv NJ tha taYobla inh
tants. &c
The Ramapo Water Act tChapter 9S5 Of the
Laws OF 1885, in its first section authorizes
the Ramapo Water Company to acquire such
lands and waters along the watershed Of the
Ramapo and along such other watersheds
aud their tributaries as may be suitable for
the purposes of accommodating and storing the
waters thereof. &c. Section 3 OF the same act
reads: Said corporation may contract with
any corporation in this State. public or private.
to furnish water for any OF the purposes in this
State is hereby Authorised to enter into such UGH
nontrRcts WITH said &c eorpornti99n i9r any
OF the city charter. the city Of New York APP
reared to be threatened with two dangers
the Commissioner OF Water Supply. II such
nm office should be, created, would he ,au-
ten years under such conditions that the city
with the terms OF the contract On the other
hand. the Ramapo Water Company was given
water ''H in any Watershed Of the state as to
make it uncertain W neither the city would find
free sources OF supply available when II wished
to extend its water works as a public improve
nent.
This being the two-told danger. the Charter
g mSi + Of th the B
Charter. the city. of New York is given
authority to condemn a. Lands under water.
% a" or %a'fI s%s or pFESs11G n"a
tcrest and right. legal and equitable. any lands
or water. or any privilege or easement there
thereon by. way Of Judgment. mortgages
Or otherwise, and als2 all claims for
se SsG make the rtty master of "t the
situation so far as such legislation can. in the
sense that no private water com pany can cor
ner the city into making u contract with IL on
It's own terms by pointing out that it owns
some water she!s that he city wants. o.
which must be read in connection with Section
lGlS OF the same act. Section AZ is entitled
section is read in the light OF tho foregoing
EXPLANATION. 1t will DO seen that it was the
impossible for the Commissioner OF Water
Supply to enter into contract with any
i PAWS Of I&4 It viii be- Observed S p hat
sGs9r %o,or no sbST to ma IKE
by providing for the assent OF the Board OF
Public improvements, AMI second, by stating
that 1t shall not be lawful for tho said city Of
New York. or for any Department thereof to
mako any contract touching or concerning the
public water supply and especially the increase
thereof with any person or CORPORATION what
soever. save in accordance with the provisions
and Requirements Of this act, which said pro-
visions and requirement. are hereby declare
10 establish the exclusive rule for the making
of such contracts. In order 70 make assur
ancc doubly sure. Section LOIS WAS in
serted into the charter. which as TO-
lows This Act. or ANY section or provision
thereof shall not he deemed to he repealed or
amended by any act ot the Legislature, unless
il is so expressly stated. or the legislative in
teution to that effect II unmstakabe.'
In other words. the intention Of Soc All as
prepared by the Charter Commission was. asits
title indicates. to restrict tn" power to contract
which appeared to inhere in the Comm issioner
Of Water Supply by virtue OF Section 23O Of tho
Laws Of 1894. while Section 1913 was intended
10 prcvr''t any modification Of the charter con-
,litions b., general legislation not specifically
intended to modify them
"Oi course J am not Il lawyer and these sec
tons weTo not drawn by me personally. Ny
recollection is that they were drafted by Judge
OF, a i,,l,