The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-02-21
TWO WATER COMMISSIONS.
HIGGINS RECOMMENDS 4 STATE
BOARD WITH VETO ROW. R
over the Actions ~ Continuous Nom
Partisan Body, 10 he Appointed ny
the MaSor-The Governor IN Message
SnNx the llfN's Needs Arc lrgent,

saws the tiiy's Needs Are Urgent.
ALBANY. Fob. aO.-Gov. Higgins tonight
sent TO both branches Of the Legislature
a SPECIAL message on the problem OF New
Yorks water supply and It's relation 10 the
other cities and communities OF the Ststo'
He recommends the selection for New
York city Of a commission TO DO "a CON
tinuous body composed OF able ana IN
tere=ted men, selected without reference
TO political affiliations. to he appolnteu
by the Mayor and also n State c'mmssloh
empowered like the State Board of haihoau
Commissioners. with power 10 approve OF
disapprove all plans for new sources o'
water supply or extensions or adui'iohs "
existing sources.
The two commissions the Governor De-
lleves can best work out the desired ones
and provide New York with water Inc
Governor declares that the problem OF pro-
viding an additional water supply Tor the
city of New York that shall be abundant
in quantity and satisfactory In quailty
ia one which demands present and earnest
attention The city's needs are urgeh'
and legislation Is sought for it's relief
The Governor quotes from the New York
CITY Charter to show that the Commissioner
of Water Supply. Gas and Electricity mas
the power, with the approval oil the boaru Oh
Estimate and Apportionment and mo
Board of Aldermen, to select all sources
OF water supply that may he needed Tor
New York city, and any source so selected
shall I've deemed necessary for the pubic
Use of that city and lands and property
rights may be taken by condemnation
proceedings With this Charter provision
as a text the message continues
This sweeping provision has proved
insdeouate Change Of administration IL
followed by relnves tigation and modiiica-
ton or condemnation Of previous plans.
Continuity Of action can scarcely be eN-
pected when the policy Of the department
may be altered every two year, Each
new commissioner lacks the time, If not
tho ability. to work out the problem him
self The eStension Of the present system
Of supply cannot much longer be ca FRIED on
by piecemeal, q method which involves the
ma ximun of expenditure and the minimum
Of result
"A continuous body composed Of able
and Interested men, selected without refer
ence TO political affiliations, can alone. in
my judgment deal adequately with the
water question. The power Of appoint
ment OF such u commission or board should
be lodged in the hands Of the Mayor. q 5 Ia
demanded by the spirit II not by the letter
Of the constitutional provision guarantee
ing 10 cities the right TO select their own
local officers
But 20 emphasize the propagation that
the problem is strictly one Of business and
not OF politics, TO encourage the careful
and judiCious consideration Of the proper
qualifications for the position by capable
councillors, and to crea te the utmost con-
ho at pf a in a
Independence and ability of the new com
mission, IL would seem eEpedient TO per-
nit such organizations as the Chamber
Of Commerce. the Manufacturers Asso-
citation and the American Society of Civil
Engineers TO nominate 10 the Mayor a list
OF candidates from which he shall select
his appontees. Such leglslado is urged
by the city authorities. and | recommend
TO you its prompt confederation
But while the Legislature Is consider
ing the needs of the city OF New York. IL
should also consider its duty 10 the State
and TO other civil divisions Of the state
Under the existing law (city Charter. sec
ton Az. above quoted the Commissioner
of Water supply is authorized to select
and condemn sources of water supply
throughout the State subject only to the
restriction that he shall not take from an
other municipality it's water supply in
actual use or waters which may reasonably
become necessary for such supply, or inter-
fere with the canals of the State.
The Commissioner Of Water Supply
NAV therefore take Sater rights any
where in the State. subject only to the
approval OF the Board OF Estimate and
Apportionment and the Board OF Aldermen,
and the restrictions above referred to.
Other municipalities are not in a position
before the court 10 protect their prospec-
tive needs In condemnation proceedings
under this section Of tho city Charter COM
pensation Ia paid only for the value Of the
property actually taken. Collateral and
consequential damages are not considered.
With the Ia king and destruction of the
factory on the watershed the store may
lose its customers, the church its wor-
shippers and the village its population.
Values may thus be deprecated without
compensation whore there IL no actual
taking Of property by the city. Local
opposition to the extension OF the city's
water system into a community Is there
fore natural and not njustiiahle, and
has resulted in special legislation exolud-
ing the city Of New York from various
convenient sources Of supply which might
he used under proper reetrictions.
An abundant supply of water for domes-
tic purposes exists If il II properly con-
served and distributed. Millions of gallons
nun daily to waste. II eeens entirely fea-
sible TO utilize the sources Of supply with
economy and with justice 20 all interests.
but In my Judgment this requires state
shah examine and pass upon all plans for
new sources Of water supply, or extensions
or additions 10 existing supplies, and which
shall be vested with power to approve or
disapprove such plans, seems to lie needed
To- protect the general welfare.
The members of such commission should
have proper scientific and legal Qualifica-
tions and reasonably long and secure
tenure OF office. Its determinations should
be subject 10 speedy judicial review by the
Appellate Division of the Supreme Court at
the instance Of parties aggrieyed.
Without indicating further the details
Of such bills as may b. necessary TO a1cOm-
piish the twofold result Of providing the
city OF New York with water and protecting
other localities of the State from injury
/ earnestly recommend early action on the
part OF the Legislature dealing oomprehen-
sively with the whole subject
The ce was read in each house
and without debate was referred TO the
Cities COMMITTEES in the Senate and ordered
printed and in the Assembly was ordered
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