Perth Amboy evening news., 1906-09-05
WATER7FIGHT :
is SOON DUE.
Diversion of States Supply 10 be
Considered Again Taking NJ.
Water to Staten Island.

wafer 10 SIalen lSldnu.
The great water fight, which soon
err or later is almost sure to reach the
United States supreme court, has lain
dormant during the hot weather. But
it will assume prominence some time
this month, and perhaps so soon as
the fall term of the court Of errors
and appeals %convenes. The decision
of the highest court will then be rem
dered regarding the diversion of New
Island or anywhere else outside the
state boundaries. 1t is known that
several judges have prepared an
opinion which it is expected will be
the decision of the court. Justice
Mahlon Pitney is understood to have
have met the individual views of the
members of the court to whom it has
been presented and by whom it has
been scanned.
The case came to the court on APP
peal from a decision of Vice Chan
cellor Bergen. His decision was bas-
ed or the broadcast grounds. He as
serted that the state had control of
it's creatures, the corporations, and
sustained the law forbidding the di-
version of water, under no matter
what pretense or statute it is sought.
If the court upholds the vice chan
cellor. the matter is almost sur to be
y no r,io1 In Tho TTnifn1 Stotnc cunrnmn
court. The big water companies,
both at Trenton and in New York,
have such great interests at stake
that they are not likely to lose them
so long as there is a court of any kind
left that might possibly render a de-
cision in their favor. The vast wat
ershed already existing, and which
could be materially enlarged by the
expenditure of the necessary amount
of money, furnishes a great tempta-
ton to capital, an. it is believed the
requisite means would be eagerly
provided II the legal position of af-
fairs was definitely settled.
= There is an impression, which is,
of course, merely an impression, that
the court of errors will refuse to sus-
tain the appeal and will stand by Mr..
Bergen. 1t is even limited that there
are some of the judges who have long
inclined to the opinion that there are
a number of defects in the water laws
of the state. There are prominent
lawyers not on the bench who think
the methods of incorporation of wat
er companies in many instances have
not been framed under the proper
provisions.
There is said to be one exception,
and the history of that transaction is
interesting. When John r. Bartlett
was making the purchase of lands
for the big watershed which furnish
es Newark and some adjacent towns
with water his shrewdness led him to
perceive that not only were the rights
conferred upon the Society for the
Establishment of Useful Manufac-
lures in the way of accumulating,
storing, ETC., the waters of the upper
part of the state very valuable, but
likewise the charter iself. The char
ter was granted early in the last IN
tury by the Legislature, practically in
perpetuity. 1t was prepared by Alex
ander Hamilton, and enacted through
his efforts. He was a charter mem
Der. The plans projected were very
extensive and costly, and several
times, as original correspondence and
papers, partly in the possession of the
East Jersey Water Company and
partly in the hands of Mr.. Bartlett
show, Mr.. Hamilton had to raise
money to help matters along and pre-
vent the concern from going into
bankruptcy.
The charter is absolute and free
from outside interference. 1t pro
vides for a government and a COVER
nor over the territory embraced in
the provisions. Probably very few
Jerseymen are aware that under the
charter and privileges accorded there
are always two governors in New
Jersey. The man elected as governor
of the society-and a governor is still
elected by the owners of the property
and charter-has certain powers that
he can exercise, although there never
has been any friction, so far as
known, between the. executive at
Trenton and the executive whose
headquarters are presumed to be at
Paterson. The late Benedict Colt
was governor for many years. Mr..
Bartlett and has associates purchased
the charter and paid, in round fig
ures, a million dollars for it. Pend
ing the negotiations and after half a
million dollars had been deposited on
account, the charter and property of
the company were held by the late
vice President Carrot A. Hobart as
trustee. Mr.. Hobart was one of the
numerous counsel Mr.. Bartlett en-
ployed while carrying out his tremen-
dous enterprises. In due time all the
stockwas turned over to Mr.. Bartlett.
except a few shares that could not
be and never have been found, and
which have been cancelled of record.
At the same time the owners of the
Society for Useful Manufactures of
fered to sell to Bartlett a large