The Jersey City news., 1903-03-25
HEATED HEARING
ON CANAL BILL.
Two Newark Men Fiercely
RAttack the Abandon
ment Scheme.
MEASURE LIKELY TO FAIL
More Arguments to Be Made
Next Tuesday One Com.
mission Bill to Be
Reported.
MEASURE LIKELY TO FAIL
Especial to ..The Jersey city News.")

4hENION, March 20, 4SOo.-4 ne
scheme of the Lehigh Valley Railroad
Company for the abandonment of the
Morris Canal was mercilessly assailed
yesterday afternoon. when the House
Committee on Railroads and Canls re-
sumed the hearing begun last week on
the Boyd abandonment bill.
For two hours the committee listened
to vigorous denunciation of the grab
bill, while an influential and respectble
looking lobby in the rear seats WINGED
under the attack. The committee ad-
journed the hearing until next Tuesday,
and with the adjournment came the con-
yiction that the death knel of the in
famous grab bill had been sounded for
the present session at reast.
1t is probable that in the meantime the
committee will report one of the commss-
sion bills now in its hands and which
provides for an investigation of the sub
ject by a commission to report to the
next Legislature. As adjournment of
the Legislature is looked for Thursday of
next week, the adjournment of the COM
mittee till Tuesday would seem to GER
tainly preclude action for this session
at least
Robert C. Jenkinson was the first
speaker before the committee yesterday.
He read the resolution adopted by the
Newark Board of Trade, favoring the
abandonment of the canal, but not upon
the proposed terms
Roderick Byington of Newrk spoke
for nearly two hours against the grab
BILL advancing many cogent reasons for
its defeat.
sbei, William 81. Corbin, Robert McCarter
Of and other lawyers whe have been urging
leo sthe passage of the bill, sat in the rear
of Mr.. Byington and he rather embar-
rassed them by referring to them as
those able, subtle, cunning men who
are seeking to influence the adoption of
the measure"
Mr.. Corbin interrupted the speaker
several times and some heated cross FIRE
passed between the two, resulting gem
orally in the discontinue of Mr.. Corbin
Mr.. Byington argued that the manner
in which the canal should be abandoned
is by forfeiting the charter, whose pro-
visions have been violated, by the failure
to maintain the canal for purposes of
navigation.
Mr.. Byington next contended that the
bill is unconstitutional. because it changes
the fundamental principles of the incsr-
peration. The charter was granted with
the distinct understanding that the canal
should be used for navigation and it was
not within the province of the legislature
to convert the franchises so obtained to
other uses.
He argued that it also violated the
constitution by invading private rights
and in imposing new servitudes with
out compensation. Further Mr.. Bying-
ten said it would deprive the State of
power of the Legislature was certainly
not in line with its duty to the COM
munity.
Another point made by Mr.. Byington
was that the bill sustains the sale of
private property, forbidden by law, and
provides no redress fer the owners.
Mr.. Byington has summer home on
the shores of Lake Hopatcong, and he
argued that the bill by permitting the
drawing off of water would endanger the
health Of residents and would in the end
ruin the lake.
He advanced the proposition that
while the property to be acquired is o.
immense value, the consideration is mere
" the drainage of ditch.
Another point was that there is ne
equity in the demands made by the lie
high Valley Railroad, which, while i
has done nothing for the benefit Of thu
State or it's citizens, has wrecked grea
waterway, depressed the waters of th'
lake. maintained nuisance and createt
alarm and anxiety generlly.
Mr.. Byington controverted the rgu
ment that there is any pressing demand
for drinking water in the part Of th'
State affected and declared that X ther'
was there are other available sources
from which it might be obtained. H
characterized the pending measures gen
orally as unfair, misleading, inconsist