New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-04-28
DUCHESS BILL HEARING
PROTEST.
GOrernor OdcU asked Not to Sign
Smith Measure.
rnr TELEGRAPH TO TIE rR.prNE J

rBr TELEGRAPH TO THE TRsBrNEl
Afbsnv April 27.-Headed by Corporation Counsel
Delanv. Commissioner J. T. Oakley and eA-Cohi-
,rsssforers J. Fampden DouSherty and Robert Grier
Monroe together with John r. Freeman or me
Freeman-Burr water supply commlSsloT' gu
Senator Thomas F. Grady. large deiegaUoh li"i on.
Ner-Yorll city appeared before Governor ooeH
~ ,,,,t1, hearing this Afternoon 10 protest against
his signing the J. T. Smith Dutchess County nil'
sometimes known as tho "Ramapo" bill which
would exclude New-York city from the use OF
vauringers Falls Creek and F1shKH creek Ior
extending its water supply system
chief among the objections urged against the
measure was that presented by John R. Freeman
who declared that unless the Dutchess county
streams We're taken at once, no source was aNal'
able from which water could be taken in time 10
avert a certain and disastrous water famine IN
Nevv-Yorlz City IN the next dry season Mr. Free
mans argument based on his experience as an
expert engineer and on. the results OF the invesuga-
tion Of the Burr Freeman commission was the
chief objection urged against the measure In dis
cssing the urgency Of the necessity for taking me
Dutchess streams, Mr.. Freeman said
With the completion Of the new Croton Dam the
CITY will have an available daily supply OF -l9Jy;Vp
gallons if the very dress are taken 81 $1,000
The annual Increase in daily consumption IS from
5oaeoo 70 100000 gallons IN a w9ra me Isl sl''s0H LON
the new for the supply completed before IL IS
paopgt l4 ss1 10 You'd ,neVitabv bring terrible
ter famine for years hence
HUDSON WATER AN ALTERNATIVE.
II the city is forbidden to use these streams what
| Il do? IT can 90 TO the Hudson River so9Se
ton. the largest the world. and build an aque-
duct twice as long as me present 9' commission
. abandoned this feasible The pure upland
MED With he pouied Hudson receiving the
sewage of Albany and other cities As between
ana nlteIlng on { - Pc, T1r u tb danger Of diss
r7rr0f Era il 4
would also be necessary in the AdironGacks to keep
The Hudson at proper stage and prevent the nrqs s
pumping station plan means a year of delay, end
| the ahandonment Of The result Of the work OF me
commission, costing S-v9Co.
Robert Grier Monroe formerly Commissioner Of
Mater Supply. Gas and Electricity. next spoke
against the bill He said in part:
II tn city IS barred from going to these streams
IN Duchess County It will be barred by similar
stopped for many years the situation is most dan
in its effects the greater city will come before
you.
J. Hampden Dougherty formerly Commissioner
NJ Water Supply. Gas and Electricity, appeared in
opposition the bill on behalf OF the Merchants
Association. lie questioned the constitutionalIty
Of the measure, declared that the BIN was drawn
and aimed directly New-Yorl and asserted that
the loose drafting Of the hill made Il possible for
private water company 10 In and take the rights
the city was prohibited from taking. lie declared
me measure WIS az variance WIN follSllIullhidl
provisions.
John r. Oakley. Commissioner of Water Supply.
opposed the measure on behalf Of the department.
Senator Thomas r. Grady spoke against the bin.
He said in part:
The Governor has only 10 sign this bill end
b,iion Will be made rms bin affec1s certain mate
rial interests Of Dgtohess County citizens but II az
fects the health OF millions in greater New-Gorl.
J. T. SMITH DEFENDS BILL.
The arguments in favor Of the bill were nada by
Asseurlyuan }. r Smith, John ]. Platt and a
Inunities affected. The main argument in favor Of
the measure that It protected from annihila-
tiou the property rights OF the inhabitants Of the
various villages along the streams, who would not
receive compensation IN the event OF the taking Of
the water supply by the city.
AeserbIynan Smith challenged the assertion
made by both Corporation Counsel Deany and Mr..
Freeman that the city of New-YoTk would build
storage dams and allow enough water TO go down
stream 10 supply the mills All speakers in favor
- the hin bitterly assaied the attitude OF the pub
lie and press OF New-York City and appealed 10
the Governor for protection from what they de-
srribed as the imposed devastation OF their homes
CORPORA ton Counsel Delany replied to the argu-
roe-ts OF the friends Of the measure. lie declared
shat the bin as framed would permit private water
companies to take the water denied 10 New-fork
CITY pointed out the apparent selhShness that
led the residents OF this county to attempt 10
force NC-1 Ork 10 20 10 SUMO ''ti'i touLtS saw
Dutchess and strongly intimated that the offer Of
q large enough price by private concerns would
/ bring sale from the very persons now faVoIlns
the bill from motives OF alleged patriotism
Governor OdeI took the matter under advise
| ment. and before giving a decision win carefully
examine the briefs submitted by the CITY through
! CORPORATION Counsel Delany and by the Merchants
! Association through Mr.. Dousherty
The latter brief IN part follows:
Il is submitted that the BIN should not receive
\ legislative approval for the following reasons:
FTrst-The bin IS badly drawn as TO be mean
4 iugless except in far as II affects New YORK
CITY. e.. =. &C.. -,
/ amendment 10 the charter OF the City or New
/ Work which would have been vetoed 10y the Mayor
Of thai city had the bill come before him as a city
/ ThiTi-such q bin divests the State OF its power
/ of eminent domain. Such legislation transcends
legislative power and offends against fundamental
/ law The legislature cannot take away the right
| OF eminent domain , $3.50
/ Fourth-The hin violates the Fourteenth Amend
/ ment the constitution OF the United states.
Fifth-The bill uujuSty discrimnates against lne
City OF NewYork. and does not protect the inter-
| ests which Il assumes to defend
COURT OF APPEALS CALENDAR.