New-York tribune., 1905-04-20
WATER BILL CONFLICT.
NAY BLOCK ALL ACTION
Mayor and Senate at Odds Ouer
Provisions Regarding Poscer.
IBE TELEGRAPH TO THE TRIBoNE.l

CBV TELEGRAPH TO THE TRIBtNEl
Albany, April ia hitch Of considerable i'm
portance has suddenly developed in the lep,s-
latiVe progress OF Mayor McClellan's water bill.
which threatens 10 bring the Mayor into con-
hict with the legislature The Senate Cities
Committee to-day amended the bill by elm
mating the provision contained in the bill as il
passed the Assembly permitting the city TO
manufacture and sell power for lighting and
other purposes in connection with its water sup
ply extension. This was done by the Senate
Cities Committee after a conference held by
Senator White with the Governor on the Iatter's
suggestion. A telegraphic. dispatch from the
Mayor, protesting against this change. was re-
ceired here. and the Governor made public a
letter IN answer TO this protest, in which he,
while dsclaiming the responsibility for the
change, presents reasons in support OF it.
The tangle leads 10 grave fears lest the bill
may be repudiated by the Mayor in its changed
form. The various counties. all of which have
agreed 10 the bill in its unamended form, are
fearful lest the terms of their agreement with
New-York City may be lost. The section
amended out OF the bill reads as follows
The Board Of Water Supply may also. subject
10 the approval of the Board OF Estimate and
Apportionment, make contracts for the use and
disposition OF any material or by-products, not
otherwise used or disposed Of and may also
subject 10 the approval OF the Board Of Esti-
OF any stream or OF any dam under the charge
or control OF the Board of Water Supply, and
may thereby produce power or electricity, end
may transmit such power or electricity b. pipes
wires or other suitable means for use by the City
Of NeW-Nork; and may also. subject TO the ap-
prOyal OF the Board of Estimate and AppOrtiOn-
nent. sell or lease the use of such power cleo
tricity for limited times TO be specified in the
contracts so TO do, and may also, subject to the
approval OF the Board OF Estimate and Appor-
tionmeut, sell or lease the right TO use water
when not needed for city purposes. for such linn
tied times as may be specified in the contracts.
Mayor AfcClellan's dispatch TO Governor Hig-
gins was follows:
I have been informed by Senator Martin over
the long distance telephone that you have taken
the position that the bin for an additional sup
ply Of water for The city of New-York must be
further amended so as TO deprive the city Of
the right 10 utilize the electrical power that may
be generated by the fall OF water of any stream
or dam in the territory which may be taken
hereunder. If this be true, ask you to recon-
Eider your determination.
FlTst-Because If such natural energy would
otherwise be wasted It would be contrary 10
every tenet Of economy not TO use il.
Second-As the city viii have 10 pay for the
property taken for its water supply, II should
not be deprived Of the natural usufruct enjoyed
by every other proprietor.
Third-This provision in the bill is in keeping
with those of similar measures for modern
water systems.
Fourth-If electrical power should be so pro-
duoed its use and sale for public purposes will
diminish the cost Of maintenance 10 the public.
the city.
Sixth-Because private corporate interests had
been sedulously urging that they be given this
right OF exploitation and have persistently en-
deavored 10 induce me to omit any such provis-
son from the bill.
These corporate interests are not seeking the
public welfare, and in behalf Of the city ask
You to second my efforts TO defeat their inter
ference with the natural rights of the public.
There are other important considerations. but
Z hastily collate these so as 10 enable you 10
consider the matter before the meeting Of the
senate Cities Committee to-day.
Governor Higgins's answer was as follows:
In reply 10 your telegram, have to say that
! have not taken the position that the water bill
must be further amended in the manner indicted
by you. However. I have said that in my judg-
uaent. the proposition contained I'm the bill that
The Board Of Water Supply may sell power, and
also water for manufacturing purposes, when
not needed for city purposes, is novel one, not
contained IN the present city charter, and not
germane TO the main purpose Of your bill.
The city has asked for legislation TO enable it
70 obtain the necessary additional supply OF
pure and wholesome water. I have seconded
your efforts in this direction. The city now has
as great powers 70 acquire lands for an addi-
tional water supply under the charter as il will
have under the TOmpkins bill, except that the
new commission may be a more efficient agency
than the old commissioner. l have sustained
your position in regard 10 the new commission
with unlimited tenure Of Office.
II now appears that the city seeks, under the
provisions Of Section % of the bill authority 10
take, in addition TO its OWN necessary water sup
= nanlfaCt-
uring purposes, and IL also seeks authority TO go
into the business OF power development and
transmission
These activities may may not be proper
municipal functions. This extension of the prin-
CiUle Of municipal ownership demands serious
consideration on its own merits, and not as a
mere incident TO a general plan. The localities
suffer serious Inconvenience. that can be iusti-
fed only by the plea Of necessity. when their
lands taken to furnish the city with water
ioT domestic and municipal purposes They
should not be put TO the further Inconvenience
OF having their water power and water not need
I'd by the city taken away from them TO be sold
by The city for revenue.
The legislature VIII consider carefully the
sweeping innovations contained in Section 26 Of
The bill before adopting them.