The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-08-24
LAW BARS THE RANAP0 JOB
u<spT A Legal LEG TO STAND ON
sIys HI-JUD0E DILLON

MI
,.,t.rday's m Getting OF the Board Of Public
Ymproyements no reference was made to the
R,m.po Water Compan or its proposed con-
t,,ot with the city. except when Presldent
Uolaban. in response to request made oy
eeoyetary Fulton OF the Citizens Union. an
sonno.d that on next " ednesday ample oppor-
,unity would be given to all persons interested
In ths matter to express their views to tho
po.rd Neither Com ptroller Coler nor Bridge
Cnmm fastener shea. who have led the opposi-
,,on 70 the scheme was present atthe meeting.
H. Collar was, represented By Deputy Comp
troller Levy.
Mr.. Coler received an opinion yesterday from
rrlvate counsel. ex-JudRe John +. Dillon.
in regard to tho proposed deal. in which MIR.
DIllon says that tho Ramapo scheme has not
i.sal leg to stand ON. In his opinion Judge
Dillon says. in part:
"W. have examined the legislation referred
10 IN the draft of that contract. also the Con-
s,itution OF the State OF New York. and all tho
provisions Of the Charter OF Creator New York
applicable to this matter or having any bear
ins upon IL. 1t is demonstratably clear that
there is no authority In the Commissioner Of
Water Supply to make any such contract. and
that such contract is wholly ultra wires: in
abort. the proposed contract mado only under
th. sanction OF tho Board OF Public Improve
n,pts and the Water Commissioner has not.
in our judgment, single legal leg to stand on.
THE scheme OF the Greater New York charter
in respect to water supply OF tho city is
very plain Under Sections l. AZ and 472.
the City OF New York. through the action OF
the Commissioner OF Water Supply. the Board
OF Public improvements. the Board OF Est-
mnte and Apportonment and the Municipal
Assem- bly,, has full power. without any other
LEGISLATION. to determine all sources OF water
supply for the City OF New York anywhere
within the State. Having selected and de-
termined the source OF water supply. then by
the action OF the said municipal authorities.
the City OF Now York has the power to acquire
By condemnation any real estate or any In
forest therein that may be necessary in order
to acquire the sole and exclusive property in
such source or sources OF water supply. and to
wholly ertinguish the water rights OF any
other person or corporation therein. Section
AZ relates expressly to the power OF the City OF
New York to acquire additional water works.
Under other provisions the cost OF acquiring
those additional water works. including
sources OF water supply and the necessary
nqueducts and expenses Of construction. may
DO M Of By the issue af bonds OF the City OF New
York. which bonds must be issued with the
sanction OF the municipal authorities afore-
y.
may be 80 issued 70 procure such supplyof water
without any reference to the 10 per cent. debt
limit Of the Constitution. such being the sx-
press provisions OF the Constitution itself on
this subject. The charter commission in
drafting the charter Of the City OF New York
were perfectly familiar with tho water stu
alton Of the city. They knew that tho old City
OF New York had expended first and last In the
nstghborhood OF hundred millions to acquire
Q water system OF Its own. They knew that the
Tventy-third and Twenty-fouFth wards had
been recently annexed. where there were GER
tain local water companies. and they gave the
new city the power to condemn and 40
Quire these properties In express terms. And
having In view this situation. they enacted
the above Section az. The power to acquire
additional water rights being thus expressly
vested in the aforementioned CITY authorities.
and the policy Of New York to own its own
waterworks having been 30 pronounced. It
viii not likely be supposed that the Charter
conferred upon some administrative officer or
some administrative body tho power to over
turn this policy. But the Water Commissioner
rsoites In the proposed contract that 1t ia au-
thortzsd by Sections 415. 457 and All OF the
Greater Now York Charter. The general pro-
visions OF Section AS specifying generally the
subjects over which the Board OF Public I'm
provsments has power. and OF Section 457 as
to the execution BY the Commissioner OF Water
Supply OF authorized contracts. cannot be seri-
ously claimed to be any source Of authority for
the proposed contract with the Ramapo Com
rany. but moro importance 10 supposed. by the
supporters Of the Ramapo scheme. to be at
taohed to Section All. 80"
II this section be read carefully It will DO
seen that 1t does not contain any grant OF
power whatever to the Commissioner OF Water
supply to make contract. or to any one else
to make such contract as 10 proposed. or any
contract whatever. SO far from being q grant
OF power 1t is Limitation upon the power Of
the Water Commissioner to mako contracts. 1t
was not struggled into the Charter by a. ny body.
1t means Just what 1t says. q Limitation upon
the power. and not grant Of power. The pur-
pose OF this section Is that whenever any con-
tract within the power OF the city has been
duly authorized by the proper officers or
bodies, the Commissioner OF Water Supply
shall not even then enter into it. unless he sub
mits all the details Of the contract to the Board
OF Public improvements. =" No court
can be justified in holding that Section All
authorizes the Water Commissioner. on the
nero assent OF q majority OF the Board oil
Public improvements. to overturn the whole
policy OF the Charter in respect OF water sup
p'J' anu W MAKO q cOngrAct Wnlcn VIII disable
Greater New York from acquiring for itself q
water supply whenever and wherever 1t de.
sires to do so. 4" -
Even II 1t be suggested by the supporters o.
the Ramapo Water Company contract that the
charter OF that company confers the power
upon that company and also upon the City O
New York to enter into such contract, and 1
the title OF the Ramapo Water Company be suf
ncient within tho limitations OF the constitu
tion In this hidden manner to affect the oharte
OF every city throughout the state-even sup
posing such suggestions to be correct, still IL II
true that these provisions Of the charter OF tn,
Ramapo Water Com pan have been repealed 81
Tar as they conflict with the provisions OF tn,
Greater New York Charter. Sections ~, All
1908 ct seq.
Another vital objection to the proposed con
tract Is found In sections 149 and 1871 Th
express provision OF the charter 10 that n,
expenses shall be incurred nor debts create,
unless an appropriation shall have been pre-
uously made therefor. Accordingly. Sector
lo4l enacts that no expense shall be INQUIRE,
By any OF the departments. boards or officer
thereof. unless an appropriation shall hav,
been previously made covering such expense
nor any expense In excess OF the sum appro