The Jersey City news., 1906-03-14
Assemblyman Elkins Intro
duces a Resolution to In
vestigate the Lshigh Val
ley's Charter
ne QUESTIONS ITS AUTHORITY
RECENT SUPREME COURT De
cIsIoN THROWS 4 DOUBT on
IT'S RIGHT TO OPERATE THE
WATERWAY
Special to ~The Jersey city News .


TRENTON. Mar. IA 190S--It Is now
almost practically settled that the pres
ent Legislature will take no acton rela-
tive to the abandonment Of the Morris
Canal. owing to the dues. ion being IA sed
regarding the legality of the title BY
which the Morris Canal ana Banking
Company held the canal and She ght
of the Lehigh Valley Railroad to operate
it.
Assemblyman Eivins. of Atlantic. IS
largely responsible for the saddtn halt IN
the passage Of the abandon.aent bills
now pending. At the House session yes
terday he introduced the following rsso-
lution:
Whereas, the Lehigh Valley Railroad
Company claims that its tile to the .t.de-
water basin Of 1867 is absolute; and
'.Whereas. the last section Of the law
of 1867 referring 10 the tidewater basin
reads as follows: And lie it enacted tAat
this act shall take effect imme,ii.,te.y u and
be III force during the continuance Of the
char.er Of the sad Merris Canal aad
Banking Company. and at the expirad5n
Of that time slie lands hereby grantsd
with the Improvements thereon Shall re-
vert to the State on the same terms and
conditions provided ip tie original char
ter of the said company resp. Ct ng the
transfer of The property thereof TO tie
State; and
Whereas in a dec, ion hardea ,ios-n
yesterday, March i. by the sap-eme
Court of tbs 'qited States, It Is sta.zd
that If "a ccrpefationj can make no con
tract not auh hofizeG by is charter; and
whereas. the L.h'gh Valley Railroad
Company IS not authorized by lis chaster
to conduct a canal busine IS; therefore. be
it
Resolved, That the Attor4ay-G Genera
s heseby reqre .ed forthwith to iassitpts
proc. elings to ascertain a. whether or
not the State of New Jesssy has an
equity in the 'tidswater basia of 1861
and g, by what au,hosity the Lehigh
Valley Railroad Company OPERATES the
Morris Canal
The resolution resulted from decision
of the United States Supreme Court and
follows suggestion laid down BY
Cortlandt Parker in support of the bill
drawn by him and introduced by As
semblyman Prince. OF Passaie. It took
the House members some time to realize
its full import.
Speaking of the resolution Mr.. Elyins
said the problem of the canal had been
bothering New Jersey for years, it being
said that the right Of the Lehigh Valley
Railroad Company in the Basin OF
1867 amounted to nothing.
Mr.. Elvins's point was that as the
charter of the Morris Canal Company
could not extend beyond 1874, under its
charter, it could not make a contract ex.
tending beyond the year the charter ex
pired finally, If the canal charter can be
extended its claims to the property viii
hold. Mr.. Miller said the resolution was
eminently fair and that the Basin Of
1857 was estimated to be worth five ol
six million dollars.
Mr.. Mills. of Morris, had the resolution
read the second time before he fully
comprfehended it. Leader Perkins then
stated that the opinion asked for in the
resolution should be secured and the reso-
luton was passed without further OBJ
jeetion