The evening star and Newark advertiser. [volume] (Newark, N.J.) 1907-1908, 1907-08-01

WATER WORKS
A o. X.
by Newark--City
Council Says Hudson Con-
tract Would Stand.

City Counsel Nugent submitted to the
finance committee of the Board of
Works this afternoon an opinion on
the leasing of the Belleville pumping
station, owned by the city of Newark,
to the Hudson County Water Com
pany, which opinion had been requested
at the boards last meeting. The
water company had applied for a lease
of the Belleville plant to supply water
in Staten Island on a contract.
4 am asked to advise you as to the
power of your board to lease the driven
wells and old pumping stations at
Belleville to the Hudson County Water
Company for a term of years" said the
City Counsel. 1.-The act creating your
body. known as the Board of Works
act, vests you with the sole control
and management of the waterworks
and water department of the city and
with all the powers and rights. there
fore, lodged in the old Newark Aque-
duct Board.
"The act creating the Newark Aque-
duct Board Municipal Laws 1877. p.
III, section i20) authorized the board to
sell at their discretion SUCH portions of
the lands and real estate conveyed by
the Newark Aqueduct Company to the
city and of any other lands and real
estate held by that board in pursuance
of that act, as they might deem not
to be necessary for the purposes con-
templated by the act, and made 1t the
duty of the Common Council whenever
the said board certified to them the
fact of said sale or sales, to direct the
Mayor to execute a good and sufficient
deed or deeds, and the consideration
money was to be paid to said board,
to be used by 1t at its discretion for
any of the purposes of the act.
'Under this section the A%queduct Board
derived its existence. and your board
since they have repeatedly sold lands ac-
uuired fro mthe Newark Aqueduct Board,
and no doubt has ever been expressed,
think, as TO the validity of such sales
1.-The Belleville Pumping Station and the
lands on which IL stands were acquired
by the Newark Aqueduct Board in pur-
suance of that act and its supplements.
and 1t might authorize the sale of that
propertv but | very much doubt that It
would authorize a lease Of that property
or of the land on which the driven wells
are located. some OF which were acquired
by your board under the powers conferred
by this act, and also By the Board OF
Works act"
Mr.. Nugent cited Judge Dillon's work
ON corporations to show that municipali-
ties may hold property in both public or
governmental capacity and in private ca
pacity. and has an implied power to
ALLEVIATE property held In private capacity.
It was difficult, Mr.. Nugent declared, ac-
cording to Dillon, to distinguish between
the two classes of property, but where a
distinction could be made in this State
and property acquired for the purpose of
supplying wateA to citizens he regarded
as private, this power of alienation would,
he thought, be vested in the corporation,
that is, the Mayor and Common Council.
Mr.. Nugent cited the act of 1904 enabling
cities to sell. exchange, lease or convey
public lands which are not used, needed or
desirable for public purposes, and the act
of 1907, which p rdibits the sale or lease by
any city of its municipal, water. light,
heat. power or otier public utility plant or
plants except hy the assent Of a majority