The Jersey City news., 1906-01-02
NORRIS CANAL
BILL READY
a,EvaEf7
Courtlandt Parker Draws q
Measure for the Abandon
ment Of the Waterway Or
It's Restoration TO Useful
FIGHT AGAINST lERlea VALLEY
NEsToR OF NEW JERSEYS BAR
SEEKS LEGISLATIVE PRoTEC-
TIoN OF THE PEOPLES
RIGHTS-TExT OF THE BILL. I,

RIGHTS-TEXT OF THE BILL. !,
This is the Morris Canal Bill drawn by
Courtland Baker and submitted to the
New Jersey Civic Federation:-
A further supplement- to an act en-
titled, ''An act to incorporate a company
TO form an artificial navigation between
the Passaic and Delaware rivers, APP
| proved and passed December thirty-tirst.
! one thousand eight hundred and twenty
four.
Whereas, The Morris Canal and Bank
| ing Company, Incorporated by the Legis-
lature of this State, on the thirty4first
day of December A. D. 1924. under
which act and supplemental thereto a
navigable water highway was provided
| and created across this State from the
Delaware River, in the State Of Pennsyl-
yania, to the Hudson River, in the State
Of New York.. to exist forever, and was
| about the, year eighteen hundred and
thirty completed, and from that time
to the tenth. day of May, in the year
eighteen hundred and seventy-one, and
and afterward, was nayigable and actual
| " navigated, and was otherwise lawfully
operated and used, under the manage
| ment of said Morris Canal and Banking
Company, as contemplated by said acts.
to the great benefit Of the people Of this
State
And whereas, on or about said last
| mentioned day, said canal and its ap-
purtenanees were, by said company, un-
| lawfully demised and thereby assigned
for such management to an alleged as
sociation, not Incorporated to exercise
! said anagement nor to manage or con-
struct canal anywhere, but purporting
and professed, to be Incorporated under
| the laws of the State of Pennsylvania, to
operate railroads there, under and pro-
| Tossing to havethe corporate name Of the
Lehigh Valley Railroad Company, which
association thereupon proceeded TO man
age said canal and has since possessed
| and professed to have the management
thereof to the. present time, as such as
| signee:
And, whereas, the said Morris Canal
and Banking Company. and said alleged
association, its said assignee for manage
| ment, have for the last ten years past
so negigently, carelessly and wilfully
| managed said canal that the same is not
| now navigable and useful. according to
the directors of said charter, nor has
been so navigable and useful for said ten
years past, to the great loss and damage
of said people, and has ceased to be of
such character so that transportation OF
goods and passengers from Pennsylvania
to New York thereon to which said canal
was for many years devoted. or from
point to point on said canal to said ter
mini east and west, has ceased and said
canal has been abandoned for Its said in
tended uses as navigable rivers
And. whereas, by reason of said pegli-
gent or wilful careiessness ont the part
of said managers, which has continued
for many years, said Morris Canal has
become a public nuisance by reason or
its permitting growth Of pestilent yege-
| table matter in said canal. and ON its
| banks, and Of its making the same de-
posit for filthy, noisome and poisonous
matter. and allowing its banks to fall in.
and said company has thereby not only
| forfeited its right in law longer to ex-
ercise the rights and privileges by aits
said charter conferred but mas been for
long time guilty, jointly with it's said
assignee, the Lehigh Valley Railroad
Company, of maintaining q public muir
sance through the whole length OF said
canal;
And, whereas, the said the Lehigh
Valley Railroad Company, not being a
corporation of this State, though subject
to its laws. is also subject tq expulsion
therefrom BY act of its Leg:slatl tllre. and
to prevention through such act f.Hnl con-
tinuing longer in the management ST said
canal. or of any business thereon;
| And. whereas. the said LehiglI Valley
! Railroad Company has not by its charter
4 Or otherwise, any right to build, run,
manage or use in transportation bus.ness
/ or otherwise use canal within New
Jersey but is nevertheless subjectfin all
respects to the criminal law Of this
State constituting crime and providing
! penalties for the commission thereof.
] Now. therefore. it i hereby. W he