The Morris County chronicle. [volume] (Morristown, N.J.) 1877-1915, 1903-03-27
OTHER SIDE
LISTENED TO
Opponents Of the Abandonment
Plan are Listened to in
Trenton Tuesday
MR.. BYINGTON'S ARGUMENT


Railroad Company by Showing Con-
c'usively That They are Based Upon
False Premises. Hearing Prolonged
so Another Adjournment was Had
Although it is generally under
abandonment OF the Morris canal now
before the house, has no chance of be-
coming a law. The committee on
railroads and canals continued the
public hearing on the measure in the
assembly chamber Tuesday afternoon.
This prevailing opinion as to the fate
of the bill was the cause no doubt of
the small attendance upon the pro-
ceedings as compared with that of the
week before. Those, however, who
were present were well repaid for at
tending for seldom has the assembly
chamber heard such an eloquent and
forcible address as Roderick d. Bying-
ton lawyer of Newark, and a sum-
mer resident of the Lake Hopatcong
region, delivered against the measure.
Prominent among his listeners was
former United States senator James
Smith, who is opposed to the bin and
was prepared to speak against it, but
Mr.. Byington occupied all the time
allowed by the committee.
Several prominent citizens OF Morris
were present among them being Coun-
ty Clerk Daniel S. Voorhees,, Sheriff
Abraham Ryerson and b. W. Ellicot
of Dover. Mr.. Slingerland of Pompton
Plains, was another citizen who ap-
poses the measure.
The counsel for the Lehgih Valley
Railroad, William II. Corbin, Robert
McCarter and r.. Schappercotte of
Philadelphia, sat together and listen
ed attentivelyto Mr.. Byington's strong
words. No one enjoyed his whitening
sarcasm more than they did although
most of it was at their expense.
Richard G. Johnson, former presi-
dent of the Newark Board of Trade,
began the proceedings by reading Il
resolution which had been adopted by
the board recommending that no
abandonment measure be adopted
until the matter had been thoroughly
investigated by a commission. The
people of Newark, he declared, was
very much in favor of the abandon
ment of "this noisome trench'' but
they did not want it done on the terms
proposed by the bill.
Mr.. Byington, the next speaker said
he did not oppose the abandonment of
the canal, but he did oppose the plan,
which involved the surrender of the
valuable rights invested in the state
by the charter of the company. He
quoted from that charter to show
that the failure Of the company to
keep the canal in repair was ground
for the forfeiture of its franchise.
Then he showed how the company
had neglected the canal.
The charter provided that the canal
should connect the waters of the Del
aware river with the tide water of the
Passaic, and he showed how the canal
| plane at Phillipsburg had not been
used for several years, so that the
canal did not extend to the Delaware
river, and in that respect that the
company had violated its charter
His second objection to the bill, Mr..
/ Byington declared, was that it ignor-
ed the rights vested in the state under
the charter ''while the legislature
may have the power to remove on
even to sacrifice these rights" said
the Newark lawyer; sit has neither
equitable or moral right to do SO.
The canal company, he claimed,
acquired only a use of the water and
property which it acquired by its
charter, and the fee remained in the
owners.
"How then" he asked, "can it sell
what it does not own z"
"Mr. Corbin said here last Tuesday, .
he went on, "that no just man would
ask additional compensation for a new
use of land if the corporation had al
ready made compensation for the
original use. The late Chief Justice
Beasley, who was as just as he was
great, said, Few things would be
more unjust than when compensation
| has been made for land, in view of one
of these purposes, to allow it to be
used without compensation for the
other When ] referred Mr.. Corbin
to this doctrine he said that he did
not believe that the late chief justice
| had said SO. | have nothing to gain
by Misrepresentation, my case is
strong enough without that"
1.-THE Alps have been tunneled, the
Niagara river spanned and we whisper
across the seas. Fie tie upon him
who says that the Clifton avenue cross
ing cannot be made safe without aban-
doning canal 1O2 miles long. Such a
/ statement is a discredit to him who
makes it and an insult to the engineer
ing skill of the twentieth century.
"And yet Major Lentz says 50 and
so it must be true. | know the Major
does fine work in the line of political
engineering, but | never knew before
that he claimed to be an authority as
civil engineer. His versatility is in
deed remarkable, but how inconsistent
he is in claiming to be actuated in this
matter solely for the good Of the whole
State and yet. while he would guard
Clifton avenue, he would expose the
the dwellers at Hopatcong to the grave
dangers which would result from the
passage of the bill"
For some time Mr.. Byington next
argued that the waters Of Lake Hopat-
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