The Morris County chronicle. [volume] (Morristown, N.J.) 1877-1915, 1904-01-01


For and Against the Abandonment
Of the Canal a STRONG Array of
Counsel for the Opposition Pres
ent.
Yesterday was the day setsby tlie
State Commission for the hearing 81
Eoral arguments for and against Gle
projected Abandonment OF the Morris
Canal. There was not much done
beyond arranging the details for dis
cussi0n, as to-day is d legal holiday.
Briefs have been pouring in since
midsummer and the Commission has
been considering this Documentary
mass for some time. It is al subject
not handled easily, as II presents SO
many conflicting points Many con-
veyances of land, either by purchase.
or grant with seversionary rights
attached, do not appear as having
been recorded: but there are many
other records III existence sutfieieah t0
establish the fact that the wholesale
claims of the Lehigh Valley Railroad
Company have but an insecure
Il ltOutAtAdptOtl.
/ When the Lehign Valley corporation
took over the canal by lease lle
waterway was in good condition, aud
the annual report shows that the last
year. it was operated By the Morris
Canal and Banking Company it
brought in a net revenue OF SI07 200.
Then the canal was in good repair and
several hundred boats were running
throughout the season Now ii Is In
poor condition. but not so poor but
that it can be restored to its former
usefulness.
j There lis not the least doubt that
the Lehigh N alley Railroad Corporation
4 leased the canal with the deliberate
purpose of wreeking 1t, not only to
+ get rid of an undesirable competitor.
but to gain the Jersey City terminus.
4 which would we'll repay them for the
a outlay. as well as control 0f the water
supply with its prospective millions.
a The briefs that have been presented.
{ according to published reports Of
interested opposers Of the scheme,
4 will create much trouble tor the
\, Lehigh company that Its able lawyers
will find difficulty in overcoming.
The salient point presented pY the
0ppOSbTS vi Tile dUdifAUfdtCtiVe rNtt1sttS
Is Lake HopatcOng Many Of the
points advanced in the briefs presented
B tt&he Commission by the counsel
advocating the rights Of the owners
: of property contiguous to the lake
: the most beautiful sheet Of water ln
81 Mex Jersey ye been prese ikk
I the Chronicle from time 70 time, pS
: our Lake HOpatc0ng summer e0rres
} sp0ndent, and therefore are not
}. unfamiliar with our readers.
e These are so numerous tnab tney
IS cannot all be repeated in this article
al Among the important Object0TS afe
a i Seymour r. Smith, OF Waterloo, SUIT
a viving executor of the estate OF PeIel
. Smith and the estate of Samuel y.
~ Smith, both of Waterloo, and Peter
y ID. Smith, of the same place, WHO
le have filed notices with the cQmmlS
e sioners that, in the event Of de
-e cision to abandon the canal and any
r. attempt upon the part Of the Morris
Canal and Bank Company or ths
Lehigh Valley Railroad Company te
effect such abandonment, they vii
either apply to the courts for ar
y injunction to restrain the abandon
ment or win sue at law for damage II
extensive properties owned BY then
OF in the counties OF Sussex and Nor
TO ris. They will sue as successor to ths
Or riparian rights of the Smith estate
Is and under an agreement with ths
A. Morris Canal and Banking Company
: reserving to the estate certain pri
Z yileges, which was signed November
70 p, 1880
'e J. H. Neighbour, Esq, Of Dover
1t attorney for the Byram Cove Land
" Company, which is capitalized at
r. 800, 900, has invested S172.000 iii lard
u and improvements on the west {0l
n Sussex side of Lake Hopatc0ug an6
= still owns 10000 linear feet (nearlJ
four miles) of shore line, has als0Qn
y behalf OF the company presented q
se brief. After detailing the advantages
lie OF Lake Hopatcong as summer
" resort and discussing its advantages
d as summer resort, together with
!. the vast amount of money expended
i on beautifying the purchased pro:
= perty, it's cottages, wharveS, bridges,
= etc. Mr.. Neighbour says:
y This has all been done. re1yinQ
j." upon the fact that the State has
. chartered the Morris Canal and Bank
/ ing Company as a permanent body
!, for using the waters al the lake Tot
; the purposes Of its canal and not ior
81 Nttl OCAiOi RdAtJtots dtlQ ttlts IEtIWIl<Ef
especially owners OF lands adjacent to-
: the lake, have acquired certalfl rights
as riparian owners, such as boating.
fishing, dockage, bathing cuttIae
! ice, etc. These rights have been
used IN an open manner, with the
knowledge of the canal Company and
It's lessees, and have never been ob-
jected 70 or questioned by the canal
company; in fact, BY its silence 1t has
aequiesced in all these Expenditures.
Improvements aud uses.
lslle Legislature has ne constifn-
ttonal power to do anything that Will
enable tile canal cumpalis W dls90st
4 It's chartered rigAOs for any other
purpose than operating lis canal, nor
tor anything that will cast upon any
Jersoll the olrln N ~ snSs ol
litigation 70 defend ms property 0F
ais rights.
II may also be added THAR of tire
ohlrtA Sc zen Steamboat IAN iinQs an
ne west side 0f tile LAKE but iige
would be avaiIaDle III e.lSe the canal
vas aollidolei an tie siasn fEaglt,
while on tile east side he VI
lshefs ana c5ttaAefs d be COM
eiie eto pu1la ssS SlfetS
a0f - go lie re 0
aud Ill., aslA