New-York tribune., 1905-02-21
HIGGINS'S WATER PLANS.
LEGTSL4TIVE MESSAGE.
FaUors State Control, but IndOrseS
IN Part "McCTeIlan" Bill.
TsY TELEGRAPH TO THE rRrBUNE.I


fher extension Of the water system of New ork
City. Governor Higgins tonight sent COM
Tnunicaton 70 the legislature setting forth MS
view of the needs and the remedies of the pres
ent situation. This message indicates that Gov
ernor Higgins has not changed his stand on the
point that the power Of condemnation OF land
and water should be vested not in city COM
mission. interested solely in New-Yorl City. but
in a State commission. responsible to and for
the interests of the whole State. But, standing
on this point Governor Higgins is equally frank
10 express his approval of small part of the
plan contained in the measure now before the
legislature which is generally known as the Nc
Ciellan bill. The desire for permanent commits
sion appointed by the Mayor to replace coT9-
missioner who necessarily changes with each
administration he indorses but above this COM
mission and every local commission he urges
that there should he State commission which
should pass on the plan for extension of water
system.
Il believe" said Governor Higgins. in his
talk the reporters tonight that my plan is
the only one that viii bring relief and bring
il quick I have thought of the matter for
long time and the message contains the result OF
that thought One phase of il called my
attention Friday, the day 1 went to New
York. For the rest, the message is entirely based
the line of thought 1 have been giving the
The Governor thus prefaces his message to the
legislature.
The problem of providing an additional
ter supply for the city of NeW-York that shall
be abundant in quantity and satisfactory In
quality is one which demands present and ear
nest attention. The citys needs are urgent and
legislation is sought for its relief"
CHARTER PROVISIONS INADEQUATE,
He then quotes from section 472 of the New
York charter, which prescribes the powers of the
city to select and determine water supplies for
New-York throughout the State Continuing,
he writes:
This sweeping provision has proved inadequate.
Change Of administration is followed by REIN
vestigation and modification condemnation Of
previous plans. Continuity Of action can scarce
y be expected when the poi.cy Of the department
may be altered every two years Each Eew
commissioner lacks the time. if not the ability, to
work out the problem himself The extens.o-. OF
the present system of supply cannot muca longer
be carried on by piecemeal, a method which
involves the maximum Of expenditure and the
minimum of result. A continuous body. COM
posed of able and interested men, selected with
ont reference TO political affiliations, alone. in
my judgment, deal adequately with the water
question.
The power Of appointment of such commits
ion or board should be lodged in the hands of
the Mayor. as is demanded by the spirit, if not
by the letter. of the constitutional provision
guaranteeing TO cities the right to select their
own local officers. But to emphasize the PROPOSE
ton that the problem is strictly one of business
and not of politics, to encourage the careful and
Judcious consideration Of the proper qualifca-
tions for the position by capable counsellors and
TO create the utmost confidence the part of
the citizens in the independence and ability of
the new commission, IL would seem eXpedient to
permit such organizat atoms as the Chamber of
Commerce, the Manufacturers Association and
the American Society of Civil Engineers to NOM
mate TO the Mayor list of candidates from
which he shall select his appointees.
Such legislation is urged by the city authori-
ties, and recommend to you its prompt con-
sideraton. But. while the legisla ture is consid-
ering the needs Of the city OF New York. it
should also consider its duty 10 the State and
TO other civil divisions Of the State. Under the
existing law 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
other municipality its water supply in actual use
or waters which may reasonably become neces-
sary for such supply, or interfere with the
canals of the State.
UNABLE TO PROTECT THEIR NEEDS.
The Commissioner Of Water Supply may
therefore take water rights anywhere in the
State, subject only TO the approval OF the Board
CT Estimate and ApportiOnment and Board of
Aldermen and the restrictions above referred to
Other municipalities are not in Z position be
fore the court 10 protect their prospective needs
In condemnation proceedings under this sec
tion Of the city charter compensation Is paid
only Tor the value Of property actually taken.
Collateral and consequential damages are not
considered. With the taking and destruction Of
the factory on the watershed the store NAV lose
tts customers. the church its worshippers and
the village its population, values may thus be
deprecated without compensation whore there is
no actual taking Of property by the city. The
local opposition TO the extension Of the city's
water system into a community is therefore
natural, ana not unjusiihabe, and has resulted
II special legislation excluding the city Of New
York from various convenient sources of sun
ply which might be used under proper restric-
lions
An abundant supply of water for domestic
purposes exists if ii is properly conserved and
distributed Millions of gallons run dai':- TO
fpa ciD 70 1lfiIiz tra
sources Of supply with economy and with JUS
iice to all interests. But. IN my judgment this
requires state supervision. State commits
sion winch shall examine and pass upon all
plans for new sources OF water supply or exten-
slons or additions to existing suppnes and which
sfall be vested with power approve or disa D.
prove such plans. seems 10 be needed to protect
the general welfare. The members of such
commission should have proper scientific and
secure tenure Of Office. It's determinations
should be subject speedy judicial review by
1ae Appellate Division OF the Supreme Court at
the instance Of parties aggrieved
Without indicating further the details of such
bllis as may be necessary to accomplish the two
fold 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 com
prehensivey with the whole subject.
AssembIyInan Agnew will tomorrow amend
mis- commission bin IN conformity with the Gov
ernor's recommendations. and Assemblyman APP
gar win soon put I'm his bill for a metropolitan
commission The situation with reference to the
proposed contract measure shutting New-York
ouC OF Ulster County is somewhat problematical.
The Kingston Common Council has passed a
resolution demanding the passage of a measure
similar 10 the j. T. Smith Duchess County law
Of last session. shutting New-York out Of Ul-
ster County. The Kingston Chamber of Com
nerce the other hand, recently tabled a SINH
Jar resolution. II is understood however, that
the Chamber Of Commerce will soon follow the
example Of the Common Counc.. and that an
County ~