The Penn's Grove record., 1905-03-17
JERSEY LEGISLATURE.
Both Houses Accomplish a Vast
Amount of Work.
CANAL BILL CONSTITUTIONAL

CANAL BILL CONSTITUTIONAL.
Former Justice Van SyckeI's Opin-
1on on DuHield Plan For Abandon.
ing Morris and Essex Waterway.
Especial Correspondence
Trenton, March 15.-The activity of
last week in legislative circles was
continued this week even more strenu-
ously. Both houses of the legislature
did a vast amount Of business, and the
prospect now is for sine die adjourn
ment about the last Of this month.
The senate in executive session early
in the week received from Governor
Stokes the nominations of Thomas T.
Fay of Long Branch and Mrs. Mar
garet Harrington Sickel Of Trenton as
trustees for the State Home For Girls;
Louis 81. Schenck, judge of Somerset
county; John H. Copestick of Bergen
county and Charles w. Fuller of Hud-
son county, members of the state
sewerage commission. The nOmina-
tons were referred to the judiciary
committee.
The senate today confirmed the nom
ination of C. Edward Murray as quar-
termaster general.
The automobile agitation continued
-, tho ho11cn fhiS rnak Qn6 thrpn now
auto measures made their appearance.
The first Of these, submitted by AS
semblyman Manners, provides that
every chauffeur desiring to operate a
motor vehicle shall file with the secre-
tary Of state a statement including
his name, address and the trade name
and motive power of his machine. A
registration fee of So is provided for.
The applicant for a license shall re-
ceive a metal tag showing he is reg
istered and giving his number. No
person shall operate a motor vehicle
without such badge. The penalty for
violation is 500 fine or thirty days
Imprisonment.
Among the bills passed by the house
were the following: Assemblyman Col
by's measure experimenting the road
act by providing the method by which
boards of freeholders shall rebuild and
macadamiZe roads; Senator Bradley's
bill repeating the retaliatory corpora
ton act of last year, which was applied
to foreign corporations doing business
in this state where other states i'm
posed a discriminating tax on corpora
tons of this state; Senator Bachelors
supplement to the general school act
validating an issue of school bonds by
Irvington, Essex county; Mr.. Robbins
measure authorizing twenty-five per-
sons engaged in agricultural pursuits
to incorporate for mutual insurance
against loss of property or life; senate
bill No. So, concerning the redemption
Of bonds by townships; Mr.. ScOvePs
bill authorizing the state to purchase
500 sets of the a%nnotations to the gen.
eral statutes and pamphlet laws from
1896 to 1905 at $3.50 per set.
DufieId Canal Bill Constitutional.
A communication was submitted by
Attorney General McCarter in compli-
ance with the request Of the house for
an opinion as to the constitutionality
Of the Duffield Morris canal abandon.
ment bill. The attorney general re-
ferred the matter to former Supreme
Court Justice Van Syckel, who says:
First, the state created the corpora
ton, and with the assent Of the corpo-
ration it may authorize its abandon
ment. The rights Of creditors and stock
holders being duly granted, there is no
limitation in the constitution upon the
powers of the legislature in this re-
spect, and in my judgment ample pow
err inheres in the legislative branch of
the state government to authorize the
repeal of the charter, due regard being
paid to individual rights. Second, the
creditors Of the bill must be paid be-
fore the repeal takes effect. The rights
of stockholders in the canal company
must be legally disposed of, and there
fore the question is presented whether
an unwilling stakeholder under the eX-
ercise of the power of eminent domain
can be constrained to accept the com
pensatiOn thereby aScertained in lieu
Of his shares of stock. Therefore no
doubt can be entertained that under
the provisions of the bill for the exer
else of eminent domain the rights of
the shareholders can be extinguished
on payment of just compensation"
Justice Van Syckel in conclusion
says, 81 conclude, therefore, that the
bill is constitutional, that it makes due
provision for the presentation of the
rights Of those affected by it and that
there is ample power in the legislature
to authorize the abandonment of the
canal and the devotion Of its property
to other public uses"
Attorney General McCarter. after de
claring that in his opinion the proposed
bill is constitutional, says: In view of
the paramount Importance of the pro
posed bill and of the fact that | was
formerly connected i'll a professional
way with the Lehigh Valley Railroad
company l have deemed it proper to
request an Independent investigation
of these questions by Hon. Bennett
Van Syckel, who has just retired from
the supreme court after a distinguish
ed service of over thirty-five years, and
1 transmit with this his opinion upon
the subject"
Among the house bills introduced
were the following: By Mr.. Martin,
providing that no collector of taxes
elected by the voters of any munich
pality shall be eligible for reelection;
by Mr.. Robbins, giving justices of the
supreme court sitting in circuit power
to refer causes on his own motion to
circuit or common pleas judges for
trial; by Mr.. Hamill, authorizing build
ing and loan associations to borrow on