The evening star and Newark advertiser. [volume] (Newark, N.J.) 1907-1908, 1907-10-05
Branch Of East Jersey Co.
Finds Way TO Evade
the Prohibition.
BIG MAINS BEING LAID
New Contract Made With New
York City--Bayonne's Supply
. to Be Tapped, AIthough Sub
surface" Water Only Is Sup.
pesed to Be Sent Out State.

surface" Water Only Is Sup
pesed to Be Sent Out State.
Through a technical phrase in the
law prohibiting the diversion of the
potable waters of the State OF New
Jersey, passed by the Legislature In
1905 corporation lawyers have dis
4 covered an opportunity of evading that
statute, which has been declared valid
in every sense of the word, and an
amended contract has been drawn up
and executed between the city Of New
| Fork, for the borough of Richmond,
| and the Hudson County Water Conn
lpany, whereby the water company Is
4 TO supply Staten Island with a maxi
mum of ten million gallons of water
daily for ten years from the time the
first water passes through the mains
to be laid under the XIII Won Kull.
This contract was originally entered
into between the city and the water
company early in 1905, and ratified by
the Board of Estimate of the city Of
New York at meeting held in the
City Hall on May %, 1905, and was
regularly signed by Mayor George B.
Mcclellan. The amended contract was
passed at the meeting held July 3, and
was only recently executed.
In this contract the company agrees
to furnish the water at sixty pounds
pressure at high water line st between
$40 and $50 per million gallons. This
price, according to Chief Engineer Ncz
Kay who was seen yesterday, i sup
Iposed to be SIS a million gallons
One Of the terms -t.iss-~ S.s5 ssct
reads;
"That the said water company shaiI.
within one year from the execution
and delivery of this contract lay two
water mains not less than thirty inches
in diameter. each to connect it's water
mains in the city of Bayonne, ~ r..
with the water mains of the city of
New York, at the intersection of Rich
mond terrace and Van street West
New Brighton, or other convenient
points as may hereafter be mutually
agreed upon in writing between the
city of New York and the water com
pany."
Soon after, or just prior to the exeeu-
ton of the original contract, the now
famous potable water bill was passed
! by the New Jersey Legislature. Ac-
cording to the Interpretation Of the
meaning Of the law. as set forth by
| the water companys counsel, the law
prohibits the diversion of the surface
waters Of the State, but does not pro-
| hibit the removal of any subsurfaee
waters. This fact was set forth in
communication sent to John Haag. Sec
retary of the Board of Estimate and
! Apportionment, by Commissioner John
H. O'Brien under date of May IA last,
as follows:
Before the company could carry out
its agreement with the city there was
introduced and passed by the New Jer-
sey State Legislature bill prohibiting
the furnishing of water to any party
or municipality outside the State
boundary An action was brought to
test the consttutionality of this act,
and the Court of Errors and Appeals
of New Jersey held that the company
was not authorized to transmit any
surface water beyond the boundaries of
the State, but could legally transfer
waters obtained from subsurface
sources on lands owned by 1t.
Continuing Commissioners O'Brien
saws that to overcome this objection Of
the State courts an amendment to the
contract has been proposed by lawyers
representing the water company which
provides for the furnishing of subsur-
face waters The amendment accord
ing 10 IHlS tDIlnluHltdltOAf Ao9 49,
so drafted that the company can fur
nish surface water in event Of the
Court of Errors and Appeals, to which
body the case has been carried on ap-
peal, sustaining the appeal, and II may
be said, in any event the company
must" connect its mains laid under
the Kill Won Kul, with the mains IN
Bayonne.
This amendment as drafted by the
commissioner and approved by the cor
poration counsel of New York, reads:
Sand nothing herein contained shalt
be construed to prevent the water COM
pany from delivering TO the city pure
and wholesome water obtained from
any subteFranean sources from SUR
face sources. ar both, which the city
hereby agrees TO accept and to pay for
upon the terms aud conditions set Corth
in this agreement
The contract also provides for fur
nishing a minimum quantity Of four
million gallons and a maximum Of ten
million gallons daily.
The Hudson County Water Company
is a subsidiary of the East Jersey
Water Company and. so far IS has been
known, owns no water rights ~ The
State of New Jersey. 1t supplies Bay
onne with water drawn from the Pas
sale River at Little Falls by the East
Jersey Water Company. from which
corporation it purchases the water at 8
nominal price, as was Drought out at
the trial of the suit now pending be-
tween the city of Paterson and the
East Jersey Water Company.
1t is believed by many that the water
for Staten Island will come from the
4 ftracfions 81 HilInIde park Tomorror