The evening star and Newark advertiser. [volume] (Newark, N.J.) 1907-1908, 1907-07-02

State having a population Of not more
than 1890 or less than 800. with water,
BY Chapter CXCNII. of the laws of the
same year, found on page 1856. an act was
passed to enable cities TO supply all In
habltants thereof with pure and whole
some water. This gave cities the right to
advertise proposals FOR contracts for the
purpose of doing the work necessary to
furnish the water; all cities having the
right to condemn and using their con-
demnation powers for the purpose OF ae-
then numerous other general acts have
been passed looking to the supply of mu-
inequalities with water, all Of which will
ers who investigated the pr~acticability
and probable cost of the acquisition by
the State of the title of potable waters
Of the State under the joint resolution No.
2. approved March 7, 1906.
Water companies formed under the gem
eral corporation act have no power of con-
domination.
Senate bill 116, as originally introduced,
read: mo municipal corporation, water
company or person engaged In supplying
or proposing to supply the inhabitants of
any municipal corporation with water after
this act takes effect shall have any power
to acquire, TAKE or condemn lands or water
for any new or additional water supply
AS a matter of fact, no water COM
pany, except as above stated. or person
nad the sop power ta 10 ee enneIn ,anas OF
they had power to acquire and take such
lands and water by purchase or by gift.
These words, to wit. municipal corpora-
tinued all through the original act. BY the
committee substitute for Senate No. ZIG
and the bill as now passed, 1t provides that
person engaged in supplying or proposing
to supply the Inhabitants of any municipal
corporation with water shall have power
to condemn lands or water for any new
or additional source Of water supply. It
will be observed that the operation of the
act is limited to municipal corporations,
corporations or persons engaged In supply
ing or proposing to supply the Inhabitants
of any municipal corporation with wafer.
The words In the original act, after this
act takes effect" are not in the act~aS
passed. /.
BY the third section of the present act
any municipal corporation, corporation or
person may apply by petition to the COM
mission for obtaining such new or addi-
tional source of water supply. This must
refer to a water supply for a municipal
corporation.
At a meeting of the Newark Board of
Trade / strongly opposed the bill, and upon
becoming reasonably assured that the bill
would pass In some shape, despite any and
all opposition, endeavored to have ttchanged
so as to protect Newark's interest. A sub
stitute bill was drawn by myself and ap-
proved by Mr.. Joseph Coult and forwarded
to Mr.; Hillery. t was not introduced and
sential features. also advocated the
change of the words water company" to
the word Corporation because # seemed
to me that 1t left open the possibility of
some other corporation not Incorporated
as a water company escaping the burdens
imposed by the present bill, and while, l
am not at all clear that this could be
| done. vet I thought ii advisable, In view
of my experience with the Morris Canal
abandonment bill and the legislation In
connection herewith, to cut out any loop
holes or chances for escape under the pro-
visions of the act by anybody taking the
potable waters of the State without paying
FA- a. a .Gn,,nA &c 70 he f1aoHn hN T1rJnf-
cipal corporations, water companies ana
persons. OF course, the word corporation
includes waAer company, but the words
water company do not include corporation,
and I therefore changed the word, and l
cannot see where he criticism on the
change arises.
of the learned counsel who had given this
matter consideration that companies
formed as the East Jersey Water Com
pany is, under the general corporation
act. which, as I said before, have not the
power of condemnation, might apply
under the present bill IL the word cor
poration'' Is left In ii, to the commits
sioners of potable water, and in that man
ner seek the right, through the commits
sioners, of condemnation. 1t is exceed
ingly questionable and more than doubtful
If the courts of this State would permit
any corporation formed under the general
corporation act and not having power of
condemnation TO have the power of con-
domination extended to It by an implica-
ton of this sort; and the courts OF this
State in a recent decision have held that
powers of condemnation could not be ex-
tended by implication to corporations not
having that power.
I, Therefore, think that the fear which
seems to have arisen that such corpora
lions will be given these additional powers
is not well ounde AT the same time
l am not so conceited to think | know IL
all. and # the insertion of the word cor
poration' should be a menace of the char
acter suggested L would readily agree to
Ii being stricken out. Other reasons /
had for inserting 1t were as follows:
The Society for Establishment Of Useful
Manufacturers is certainly not a water
company; the Morris Canal and Banking
Company is certainly not a water com
pany; the Lehigh Valley Railroad Is GER
tainly not a water company, and yet these
companies are taking the potable waters
OF this State TO a very great extent. II is
true the Society for the Establishment OF
take water above the Great Falls at Pat
erson and TO use 1t for power purposes,
and to return 1t TO the river below the
falls, but the powers granted by this char-
abused. So with the Morris Canal and
Banking Company, who have the right TO
take the waters of Green Pond, Lake Ho-
patcong and the Rockaway River for pur-
poses of navigation only. The powers
granted by thai charter are being very
much abused, and there is no doubt but
what a great deal of water in this State
permitted to be diverted under the author
ity Of these ancient charters by corpora
tions, other than water companies, are be-
ing taken and used largely for the supply
Ing Of municipalities with potable water,
and there is no reason why those corpora
tons mot water tcompanies) should not be
compelled TO pay just as much as a
municipal corporation or water company or
n person.
it is quite certain tina none of these
corporations are taking the potable waters
of this State except for their own profit
aud advantage We citizens have to pay
our water bills for every drop of water
we consume. Why should these great and
rich corporations escape the same bur
dens? If It should be said that hey arc
exempt from such burdens by the pro-
visions OF their charters, that is no reason
why they should not be included in the
act. If they have any defense to a charge
for such water as they take, let them
establish 1t in the courts which are al
ways open to protect corporate rights as
well ms private rights.
There are other criticisms on the bill as
passed. II is founded on a misconceptiOn
of the law. The State Of New Jersey
never has and does not now own one drop
of the waters of the inland lakes and
streams Of this State. That has been
and is no longer open to question. The
recent decision Of the learned N~ice-Chan-
celler Bergen and the opinion affirming
him in the Court of Errors and Appeals
does not set up any other doctrine. They
merely assert that the State has certain
control over all potable waters of the
State sach as It's police powers and the
powers of condemnation.
No municipality hereafter, under the
provisions Of the present law, Will be able
to acquire a new or additional water sup
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