The Morris County chronicle. [volume] (Morristown, N.J.) 1877-1915, 1905-03-21
THE STATE
LEGISLATURE.
Both the Houses Accomplish 4
Vast Amount Of
Work.
rAMAY mr. rnNcTTTTTTynNhI
CANAL BILL CONSTITUTIONAL,
Especial correspondence.l


OusIy. Both houses of the legislature
did 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 F.
Fay Of Long Branch and Mrs, Mar
garet Harrington Sickel of Trenton as
trustees for the State Home For Girls,
The senate today confirmed the nom
nation of @. Edward Murray as quar-
termaster general.
The automobile agitation continued
IN the house this week, and three new
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 81 is provided for.
The applicant for a license shall re-
ceive metal tag showing he is reg
istered and giving his number. No
person shall operate 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 supplementing the road
act by providing the method by which
boards of freehoIders shall rebuild and
macadamize roads; Senator Bradley's
bill repeating the retaliatory corpora
tion act Of last year, which was applied
TO foreign corporations doing business
in this state where other states i'm.
posed discriminating tax on corpora
lions 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
bin authorizing the state to purchase
500 sets of the annotations to the gen
eral statutes and pamphlet laws from
1896 to 1905 at $3.50 per set.
DufgieId Canal Bin 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 DuffieId 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 ii 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
er 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, II conclude, therefore, that the
bill is constitutional, that 1t 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 bin and Of the fact that was
formerly connected in a professional
way with the Lehigh Valley Railroad
company 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 a pver thirty five years, and
transmit wtth 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 fol-
trial; by Mr.. Hamill, authorizing build.
ing and loan associations to borrow on
notes sum not exceeding SO per cent
nm Of amount actually paid; by Mr..
Scott, authorizing governing bodies Of
cities to appoint citizens to serve as
city hospital trustees, with power to
erect and equip hospitals; by Mr..
Hulse. providing that all cities other
than first class cities may form re-
lief fund or pension association for
firemen and their dependents.
Two bills by Mr.. Hulse offered III the
house authorize the governor to APP
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