The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1901-04-03


later, a litigation over either the true
meaning of the contract or the rights OF
the Morris Canal.
These technical objections were great
surprise to me-,
Before | put in my proposal based up
on the Rockaway River, had secured
the advice of the engineers and of coun-
sci as to the claims thereon by all partleS.
l learned that several proposals had al
ready been made to Jersey City based
upon the Rockaway Water Shed, some
ABOVE and some below Boonton, tnat 1n-
deed this was the only source seriously
considered / was advised that no wa
ter could be legally diverted from tn-
RoelSaway River without settlement with
the owners having. power rights below
Roonton. l Immediately made arrange
ments to secure the same, with the re-
suit above stated. Among the powers on
the property acquired was that OF the
Fitzgibbons mill at Old Boonton; this Is
enc of the oldest powers on the, river.
having been operated for upwards OF
lbs years; this is the power first affected
by any diversion; this Will be vested IN
the city as part of the reservoir site. |
was also advised that no reservoirs could
be located or built in Beach Glen or the
Upper Roekaway (as proposed m un-
accepted plan No p without litigation or
arrangement, with the Morris Canal. l
made such arrangement. l was also ad-
vised that the Morris Canal, since the
beginning of navigation, had always
answered in many law suits brought by
the owners of power on the RockaWay
and Passaic Rivers below Boonton, to
prevent diversion, that it took no more
water out of the Rockaway River east of
Boonton than it cast into the river from
Lake Hopatcong and other sheds above
Dover. An examination of the records of
the various state and county offices show
that the Morris Canal never acquired by
grant or condemnation any right to divert
any of the waters of the Rockaway
River.
At this late day I find that notwith-
standing these facts, which are not denied
by the Canal Company, it still claims to
exercise the right by prescription, to draw
a small quantity of water from the Rock
away River in addition to the waters of
Lake Hopatcong, when forced in dry sea-
sons to do SO, in order to carry out its
obligation to maintain navigation. Even
this claim has never been made openly.
OF course, l deny such prescriptive rights.
In order, however, to overcome the OBJ
1ectlonS OF the syndicate, and hasten the
loan and the early completion of the
work, l approached the officials of the
Morris Canal and Banking Company with
view to enlarging the scope of our
former agreement by the addition of a
clause waving to me and to the city its
of the Rockaway River east of Boonton.
and offering to pay reasonable sum for
such eXtinguishment.
The Canal Company replied that al
though it would make such an agreement
willingly if it had the power, it doubted
such power without express legislation,
donment of the canal for navigation.
1 was advised by counsel that under the
case of the State, Van Reipen, ct ais, VS..
Jersey City tzs Vr., 262), the rights of the
Morris Canal could not be condemned I'M
der existing laws.
In this emergency, after conference be-
tween my counsel and your corporation
counsel, I agreed to join the Morris Canal
in an application to the Legislature for
the passage of an act authorizing that
company to abandon its canal for naviga-
ton and to sell and dispose of its property
and water rights; the canal company in
turn agreeing upon the passage of the bill
to rellnquish all rights in the Rockaway
River and Lake Hopatcong upon the pay
ment of a sum agreed upon. The legis-
lation failed.
When its failure seemed imminent, bill
was introduced by Senator Hudspeth, at
the suggestion of counsel for myself and
the city, allowing the city to modify the
contract of February 2S 1S99 SO as to do
away with the technical objections of the
bankers, without in anywise impairirg
the actual supply to the city. This bill,
with some alterations made by Senator
Hudspeth, passed and was approved by
the Governor; copy thereof is hereto an
nexed.
Under this authority / ask that the city
modify the present contract in the follow
ing particulars
ID That for the purpose of constituting
said contract any waters which may be
drawn and diverted from the water shed
of the Rockaway River above the location
Gas now fixed) of the storage and intake
reservoir at Old Boonton by the Morris
Canal and Banking Company for the pur
poses of navigation Cf any there be) over
and above the quantity of water cast into
said Rockaway River sned by said Canal
Company from the water shed of Lake
Hopatcong and otherwise outside of the
Rockaway River water shed, shall not
be deemed to affect the whole flow of the
Rockaway River tributary to said storage
reservoir as offered in the accepted pro-
posal of Patrick H. Flynn, and shall not
be deducted in any calculation of the
oapability of the drainage area tributary
to the Rockaway River to furnish $4,000
gallons per day per square mile of such
drainage area, nor from any calculation
of storage capacity of reservoirs as pro-
portioned to the drainage area, as set
forth in the table of storage required
in the specifications annexed to said con-
tract.
1t being the intent hereof to make such
calculations as II no waters were drawn
by the canal from the area of l2l12 miles
in the Rockaway River watershed above
Old Boonton.
Provided Q) that nothing herein con-
tanned shall be construed as an admis-
sion on the part of the city or said con-
tractor of any rights by grant, prescrip-
tion, user or otherwise of the Morris
Canal and Banking Company to divert
any of the waters of the Rockaway River
watershed out of said watershed for the
purposes of navigation or otherwise at
Boonton; and provided further ~ that
said Patrick ii. FLYNN, the Jersey lily
Water Supply Company, his assign, and
the sureties on said contract of February
2Sth, 1899, shall assent to the notifications
aforesaid; and provided further (S) that
such notifications shall not relieve said
contractor or his sureties from furnish
ing and delivering to the said city the
quantity and quality of water required
by the original contract.
Although the contract of February %,
1859. has been assigned by me for the pur
poses of construction to the Jersey City
Water Supply Company, have addressed
this letter to you in my own name, since
control said company.
have had the officers of the company
assent hereto under the seal of the COM
pany.
If the above notifications are made, /
shall be able to proceed to complete said
works speedily to the satisfaction of the
city and avoid the delay of extended liti-
CATION.
| urge upon the city immediate action,
in order that there may be no delay in the
completion of the works.
Respectfully submitted,
p H. FLYNN.
The Jersey City Water Supply Company.
the assignee of Patrick II. Flynn, joins in
the above application.
Dated March 30, 1901.
JERSEY CITY WATER SUPPLY CO,
JOHN MCCARTHY, Pres
r,r,r nrrNr coos.- rCao1