The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1901-04-24

operate the canal as now operated. And
said companies agree that they will co.
| operate with said Flynn, who may, in the
| name of the said railroad and canal COM
| panies, but at the expense of said Flynn,
take legal measures to prevent and pun
ish pollution of the waters herein re-
| ferred to, and that the canal above Boom
| ton shall be operated with care to avoid,
50 far as may be practicable pollution
until the Morris Canal at Boonton Is
abandoned for navigation he will estab-
lish no intake for the diversion of water
and will divert no water above Old Boom
ton. After such abandonment said Flynn
may establish intakes in the Rockaway
watershed and, Qivert the water at such
points above Old Boonton as he may de-
SIRE
BY this 1t will be seen that the canal
company agreed, so far as might be prac-
| ticable. to aid in Iessening the pollution
OF the citys water supply resulting from
passed through it until such time as this
source of pollution could be eliminated
by abandonment. of navigation. The canal
Lake Hopatcong to Dover through water
that is discharged into the Rockaway
River at Dover, and from Dover they pass
for about eight miles through water that
Powerville, both these discharges being
above the city's intake at Boonton:
Statements have been published that
the Morris Canal and Banking Company
made no claim to the waters of the
Rockaway River until after your con-
tract for water supply with Mr. FLYNN
had been entered into, and that in TACT
/ they have no right to these waters. Both
statements are erroneous.
On the twenty-fourth day of February,
1898. the Canal Company gave the city
written notice of its rights. At the re-
quest of the Corporation Counsel for par
ticulars, he was given a written state
ment, which was published April 30. 1888,
and was reported by him to the Board
l. EinancG.
ment we said
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 to supply Jersey
City; we know this is a mistake, for long
experience has shown that in dry times
the company has barely been able to con-
tinue navigation. and in one extreme
drought navigation was suspended.
Not only was full notice given to the;
city and to Mr.. Flynn, but Mr.. Flynn
recognized the rights of the Canal Com
pany by requesting from it the grant and
contracted with the city. The fact is that
to supply both the city and the canal
from the Rockaway water. shed, It IS
necessary to save and utilize substan,
by the construction of reservoirs sutfic ent
for that purpose
If the city sees fit to release Mr.. Flynn
from his contract to make the whole
w
to his intake, and to relieve him from the
necessity of building reservoirs which
would cost from sS000O0 to s1,000,00O the
Canal Company desires that the city snail
do so without any misunderstanding as
to the canal company right, and shall
not base such action upon a denial of the
Canal Company's prior right to draw
waters needed for the canal.
MORRIS CANAL AND BANKING Co,
By CORBIN & CoRBIN,
Attorneys.
Jersey City, April "a, 1901.
Mr.. Ringle's resolution that was tabled
set forth that I'VE do not think 1t wise
or prudent TO make any change in the
existing contract; that in the opinion or
the conference P. I'll. Flynn should pre-
eeed to complete his contract to furnish
Jersey CITY with pure and wholesome
water according to the agreement here-
tofore made.
Mr. Ferris. the engineer in charge of
the construction of the new works, de-
clared his belief that Mr.. Flynn could
give sufficient water to furnish a supply
of 70, 600 900 gallons daily besides what the
canal company uses for navigation pur-
poses. After answering many questions
from a technical standpoint he was ask
ed whwose loss 1t would be If after Mr..
Flynn completed the works and put six
or seven millions of dollars into them,
he could not provide the stipulated num-
ber of gallons. 1t would be Mr.. Flynn's
loss, he said. Mr.. Ferris also called at
tention to Corporation Counsel McDer-
motifs statement that he could defeat the
Canal Companys claims in court.
Mayor Hoos asked if it was not under
stood when the contract was signed that
Mr. Flynn already had the money to
prosecute the work. The contract would
not have been signed. he said, with the
word sufficient instead of full in
connection with the Rockaway's flow.
Mr.. Mdlige called attention to the
Court opinion in which it was held that
the law giving the Canal Company its
right was irrepealable except by mutual
consent of the Legislature and the COM
pany BY express legislature enactment
it was public highway.
Commissioner Mullins, in the course of
a long argument, said he wanted to treat
the matter from a business mans stand
point, but the city should be safely
guarded and take no chances on being
fooled. He said the city had all
ways humbugged with water. that it
was even now paying for Passaic water.
The Street and Water Commissioners
were inclined to favor the requestde modd-
fication, provided the city was properly
safeguarded. They proposed that per
or a million and a half dollars, be held in
payment untn Mr.. Flynn made good. his
contract to furnish a plentiful supply.
Commissioner Hauck wanted the Cor
poration Counsel to formulate some def
mite plan to be submitted to the Con-
ference.
Commissioner Midlige said it was not
wise to grant the modification as matters
stand at present; He wanted the con-
ference to deal with Mr.. Flynn.
Commissioner Ringle said he did not be-
lieve it wise to grant the modification. He
said if the Flynn people had kept other
promises they violated he would be more
inclined to favor the granting Of Mr.
Flynns petition. .sGive these people an
inch'' he said, land they'll take foot"