Gloucester County Democrat. (Woodbury, N.J.) 1878-1932, 1904-03-17
JERSEY LEGISLATURE
Mil Grinding More Rapidly as
Session Nears Close.
THE CANAL COMMITTEES REPORTS

THE CANAL COMMITTEE REPORTS
Urges Abandonment of Old Water
way and Abrogatfon of .Company's
Charter-TubercuIos Commission
wants sIoney-so Does state Mill
tary hoard.
Especial Correspondence
Trenton, March 17.-Now that the
end Of the legislative session is draw
ing near, the lawmakers mill is grind
ing more rapidly and the usual ante
sine die adjournment rush is on. While
here the legislators have now scarcely
time to eat their meals, taken UP as
their time is with committee hearings.
conferences and requests from deIega-
tons and individuals who come to
Trenton in the interest Of particular
measures. Sine die adjournment has
been tentatively fixed by the house
for next week, but it is almost impos-
sible to finish up by that time, and it
is likely that the session will extend
well into April, One assemblyman last
week said he believed that the legisla-
ture would not reach final adjourn,
ment until the middle of April. The
new factory law, the anti-signboard
measure and the state military bill are
matters that are likely to excite debate
and retard the early passage of these
measures. Four day sessions are like
IL 70 ,,x,,+f,7,,,c f.rr,, v,oxxy ,,r+iI f,o and
of the term. There are still a mum
Der of important appointments to
come in.
Morris and Essex Canal Report.
The commission, consisting of former
Governors Voorhees,, Werts and Griggs
appointed last year by Governor Muir
ply pursuant to a resolution of the
legislature calling for an inquiry into
and a report on the ACCESSIBILITY OF
abandoning the Morris and Essex
canal, early this week submitted its re
port to the governor, who in turn sent
it to the legislature. The report says
in part:
We report that legislation should be en-
acted permitting abandonment of naviga-s
ton on the Morris canal. That necessa-
rily involves repeal of the canal charter
The only method, in our Judgment, by
which such abandonment can be accom-
plished and at the same time the rights OF
the state and all interested parties be pro-
tected is by the exercise of the power OF
eminent domain. Such legislation, how
ever, should effectually safeguard the
rights and interests of all parties Pro
vision should be made that the dams al
i -
petuaily maintained and that the waters
of those lakes be not drawn of to such al
extent as to entail injurious effects upon
persons or property. The rights of munic-
qualities in streets and of all parties
whether public or private, to bridges
crossings. etc, should be conserved.
In effeoting such abandonment or repea.
by statute regard must be had to con
stitutional limitations and restrictions
The charter of the canal company is
contract between 1t and the state, which
is held to be property. The charter con-
tains no provision, as is generally the
case in modern legislation. making II
subject to amendment, alteration or re
peal at the pleasure of the legislature
This property of the company consists OF
its franchises and tangible assets and
cannot be taken without the consent OF
every stockholder or upon just compensa,
sati0n made
The problem presented to the commits
sion has been how to devise a plan where
by the state can, without mourning any
state debt, insure just compensation tc
all parties interested and entitled thereto
The solution of the problem involves diff
eulties not insuperable. however. in our
opinion, if the property is actually worth
more in the market than the total amount
of the bonds and stock outstanding.
Manifestly it would be impossible tc
obtain the consent Of all the stockholders
of the canal company to any scheme OF
abandonment A valuation of their shares
would therefore be necessary to an aban.
donment. The case of the Lehigh Valley
Railroad company Is different. That COM
pany is a single corporate owner. II
should be required. If it desires action, by
the state authorizing abandonment of the
canal TO surrender its rights on terms,
that the stock and bonds of the canal
company be provided for and on condition
that those parts of the canal property
needed by the railroad company for its
purposes be purchased at fair price, the
proceeds to be applied toward satisfying
the bonds and the value of shares OF
stock
Commission OF LdquidatOrs.
The bill which the commissioners
recommend is entitled IAN act to re-
peal Inc CHAR tcI VI tuS H1OTTlS anu ElS-
sex canal and Banking company and
to dispose of the property of said COM
pany.'' 1t provides for the appoint
ment Of three commissioners, to be
confirmed by the senate, to represent
the state and property owners along
the line of the canal in winding up
the company's affairs. If from the
sale Of the property of the company
the proceeds are not sufficient to pay
off the debt and stock, the Lehigh. Val
ley Railroad company must pay the
deficiency. If the Lehigh company
does not accept the act it cannot aban-
don the canal
Senator Bachelor Of Essex has pre-
scented an important measure to the
senate. it being an act concerning the
abolition of grade crossings and pro-
viding for contribution of public fund
to the cost of eIeyating the tracks. By