The evening star and Newark advertiser. [volume] (Newark, N.J.) 1907-1908, 1907-07-02
SUBSTITUTE
ASKED FOR
WATER LAW
CONTINUED from First Page,

Useful Manufactures, the charter of
which is now owned by the East Jersey
Water Company, and points out very
clearly that these charter privileges
gave that old corporation the right to
use the water of the Passaic for power
purposes only. Similarly he shows that
the Morris Canal and Banking Com
pany, originally granted the use of the
water of lakes for navigation purposes,
has practically converted the privilege
into a diversion of the water of the
watershed. where the lakes are located.
Mr.. Knight declares in simple but
forcible language that these two con-
sumner of water are, by the terms of
the act, expressly exempted from the
payment of the tax levied against cities
like Newark, ever though the latter
may have obtained water and water
lands by purchase in the open market.
'tThere Is no reason why these COM
panies should not be included IN the
operation of the act" says Mr.. Knight.
ANY excuse they nay have for escape
they may establish in the courts, always
open to protect corporate as well as
private rights"
Mr.. Knights letter reads as follows:
The general corporation law Of New Jer-
sey p. L., 1896, 1856, provides by its sixth
section that upon executing, recording and
filing a certificate pursuant to all the pro-
visions of the act, a corporation may be
formed for any lawful purpose or pur-
poses other than a saving bank, a build
ing and loan association, an insurance
company, a surety company, a railroad
ompany, a telegraph company, a tele-
phone company, a canal company, a turn
pike company, or other company which
shall need to possess the right OF taking
and condemning lands In this State, or
other than a corporation provided for by
an act concerning banks and banking,
or by an act concerning trust companies,
or by an act concerning safe deposit COM
panies.
A law passed In 1897. found on page 1884
of the pamphlet laws of that year, is en-
titleed IAN act to authorize the organiza-
tlon of corporations to construct dams in
the rivers and streams within this State,
or between this and any other State, for
the purpose of generating, distributing n
selling water and electric power"
BY the eleventh section Of this act IL
was expressly provided that no company,
organized under the act, should acquire
under any of its provisions, power to sup
ply any municipality Or any part of the
public with water for potable or other
domestic uses. In 1898, page 1872, OF the
laws of that year, a supplement 70 the
act of 1891 was enacted, which did not
But by the laws OF 1876, some twenty
one year prior TO the last act, a general
net had been passed, entitled. Chapter
CXCIII., general public laws of the ses-
sion OF 1876. found on page 38 of that
volume, called AN act for the construc-
ton, maintenance and operation of water
works for the purpose of supplying cities,
towns and villages of this State with
water" BY its first section 1t provided:
BE ii enacted . > > that any unabe of
persons, not less than seven, a majority
of whom shall reside In this State, may
form a company for the purpose of con-
structing. maintaining and operating
water works IN any city, town or village
in this State having a population of not
more than 5000. aud not supplying less
than 1000 Inhabitants, and for the purpose
of supplying such city, town or village,
and the Inhabitants thereof with water"
Then it went on to provide for the fling
of the certificate, the acquiring OF lands
and other necessary powers for carrying
out the purposes of the act.
This act was incorporated in the re-
vision of 1877, page 1865 in the municipal
corporation act, and is section 3S to sec
ton IS of that act. Companies organized
under this act were given a right to con
denim. The act Is found again in the Cen
eral Statutes OF New Jersey, page 2l99,
still in the municipal corporation act.
Section 1 was amended so as to permit
water companies formed under this act
to supply any city, town. township, VIII
lage. seaside resort or borough In this