New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1903-12-25


last session Of the legislature on the ground that
that bill gave the canal company the right 10 use
ne bed OF the canal LOT any purpose " tlisns
issslafure Mr currIs said misht result IN suits
ssnc S sSs s5s II suits for Civil IL damages
Charles N, Sterrett SAID that he hoped 10 .p ps
Ssl IN Of the Sr Canal With S the RPnon
use fSr any other purpose than t IA q ssia
replying to Mr. Griggs. believed that the Sanal
90 9b nae purPossy st ISe disasters 10 Pater
son BY a0od had been increased by the ndlnerenee
repair He Believed that the canal had been per-
mstsa 70 become nuisance "a SrSTF
one time. Mr. Sterrett said. the canal had been
but The changed Conditions had made dIfTerent
portaton OF coal bv canal TO transportation by rail-
Senator Gebhard. after referring TO the sudden
road became the iessee wished to know what was
the position O. the Lehigh Valley haiToa1 IN SI1e
Corbn replied that in far obtaining coal for
Company was cSncernea the facilities for trans
poTtation acress the Delaware River at Phillips;
been offered in several years for transportation
Mr.. Byingfon asked the privilege of making
few remarks which had not been included IN the
He cited the case OF Hurd against the City OF
froSFy when haa Deen Indofseo Dy me co ~,
land and water taken for one purpose could NOT
inGs in condemnation
CONSTITUTIONAL SAFEGUARDS.
Mr. Griggs said that while the discussion of this
feature interesting. the State and federal con-
situations provide that the property Of no individ
uai shall be taken without compensation. and
there danger. therefore, that such rights
was moi a mater for The Commission TO decide
Mr.. Byington then spoke Of the betraya! Of their
trust by the lessees of the canal and declared
that the State could compel the Lehigh Valley
Railroad Company put the canal in as gooN
condition as It was when II was leased The @o3n-
bin which was presented to the last session OF the
legislature be said. would mean malaria. typhoid
fever and ruinauon TO Lake Hopatcong. The canal
company could not take the water OF the lake
ture tbst The canal companV be FORBIDDEN to re-
afr. Grigss said: Suppose that some of the
the dam removed after the canal had been aban
ooneo TO restore them TO their original rights, as
they have right to do. how you going pro-
vide for them The dam, Mr.. GTiggs said. in his
OF the lake but II some Of the owners desired the
onetb5Sc bat sever would 5ap1e o b r
mark Mr. CSriggs replied that there was a strong
intimaton in the brief which had been presented to
the commission on behalf Of Mr. Niles thai some
abandonment Of the canal. ask to have their orig
Mr. Boardman. who represented Nathaniel Niles
and other owners Of lands covered by Lac Hopat
cong. said that his clients did not wish the canal
company compelled to maintain the dam 1t was.
p s we DO mo not want to DO be SAID t to let
SIP Of 10 our n to bnS out Fs n PT9 on
which the dam was if proper compensation could
be fixed.
WOULD BE GREAT HARDSHIP.
Mr.. FauIks said that if the water which
tributary 10 the canal was taken for any other
use than that for which it employed It
would deprive the American Snuff Company of its
present valuable water power, and would prove
great hardship TO that company.
Mr.. Peters. representing Mr. Blume, OF Jersey
City desired to sustain the position taken by Mr..
Bytngton upon the maintenance OF the dam at
Lake Hopatcong.
interests, said that his contention was that the
Gam at Lake Hopatcong must be maintained as
long the life Of the charter which was granted
by the State TO the canal company
Mr.. Corein referring TO part OF the remarks
made by Mr. Record said that the price paid by
the Lehigh Valley Railroad Company for what is
known the Morris Canal basin the highest
Corbin also said that the Morris Canal and Bank
pany had never but once taken aggressive steps
looking to the abandonment Of the canal. and
willing to consent to the abandonment Of the canal
conditions Of fair protection the State to the
stockholders in the canal property and to indi-
Vldual owners he was more ana more convinced.
he said after long and careful study Of the mat
ter at issue that the problem never could be fully
solved until the State exercised its power OF emil
OF the Morris Canal and Banking Company should
be properly taken care of: the five hundred stock
tected: the rights of the Lehigh Valley Railroad
Company must be considered, well the rights
OF the State. Mr.. COrbin said he would present
Senator Gebhardt said that the stock and bonds
OF the canal company were estimated at about
81 900. If the State would pay the canal COM
pany that sum and relieve it Of the property in its
such a bargain?
you a handsome Christmas present, besidesl"
The commission then adjourned.