The evening star and Newark advertiser. [volume] (Newark, N.J.) 1907-1908, 1907-10-23
WILL PROBE
LEGALITY OF
WATER ACT
City Council InStructs the
Legal Department to
Investigate.
DETRIMENT TO NEWARK
Alderman Martin Introduces a
Resolution That Receives
Unanimous Support--May
Begin Certiorari Pro-
ceedings.
DETRTMENT TO NEWARK

water commissioners Indl the otdtS
Potable Water Commission and the
powers vested in 1t were detrimental to
the water interests of this city, Alder
man William p. Martin, Republican
minority leader of Common Council, at
the special meeting Of that body last
night, questioned the legality of the act
of the Legislature in providing for the
creation OF the commission, and offered
a resolution, which was passed unani-
mously, ~instructing City CounseLJames
Il. Nugent 20 look into the bill and the
i've given to the commission, to-
gether with the definition of its duties.
The resolution further instructs the
City Counsel to start proceedings to
test the legality of the act n the pow
ers vested in the commissioners. Mr..
Martin believes the act is unconstitu-
tional.
MIR. Martin aims at the provision of
the law which says that wherever a
municipality or private corporation
furnishing water to a municipality
draws more than an average of 100
gallons per capita per day for those
served from it's source of supply it
shall pay to the Potable Water Com
mission a sum not to exceed $40 per
million and not less than 81 per million
gallens. That, he declared, was abso-
lutely unjust, and should be opposed
by every known means.
The matter was taken up at a special
meeting of the Council and Mr.. Martins
resolution went in by unanimous con-
sent so that it might be legal. There
were several speeches in support Of the
stand of the Republican leader, and
Alderman Patrick II. Ryan. Of the
Fifth Ward, leader of the Democratic
majority, seconded the motion for It's
adoption.
As~semblyman Simon Hahn, of this
county, introduced a bill blouse 51O)
embodying amendments to the law that
had been drafted by City Counsel MI
gent and Herbert Boggs, of the law de-
partment, 10 correct the features that
were Objectionable to Newark. Inc
measure was backed by the Board of
Trade of this city and went through the
House.. but died in the Senate, John
Hinchliffe, Senator from Passaie.
County, talking it to death on the last
day OF the session. 1t was laid over"
and never recalled.
Mr.. Martins resolution follows:
Whereas, an act entitled "An act 10
establish a State Water Supply Com-
mission and to define its powers amt
~ i u5afars ~ iris State NAV be divert
Az, onnroved Anr,I ~ 1917 among other
things provides in section s that Every
son now divertinr the waters of streams
or iskes viii nnflets for Inc ni,rnose Of
a public water supply, shall make an
nual payments on the first day of MAY
10 the S.ate reasnrer iIor ai wa ma
amount now beinp Iegsilo diverted.
provided however, no payments shall
be required until such diversion shall
canee' fo "ne n y in : gatons uany per
ipality supplied as shown by the census
of 1906" and
whereas, me daly consumption in the
salons nor canifa ana a. n nrop ndft ~
charge the city of Newark 81 pei million
gallons for water used in excess of the
ar np USED az me present. time; and
Of munieinaIities and IS MAR in tbnt
In ell probability such charges cannot DO
corrected from corporations and individ-
o criI snd psHause ~ ~ nrpr,vss o11PoratiGns
process of law: now. therefore,. be It
Resolved, That the City Counsel be
ana ne hereny IS directed TO examine
what erect II anv sreb act viii have
upon the cost of maintaining and ex-
.ennlng the water supply OF the city OF
unconstitutionai end he a. e,,ytbar = %
Resolved, That fbe Cltv Counsel he
and he hereby is directed IN the event
snh ne reaches me conclusion that the
such proceedings MS he NAV deem nac.
essary or proper to set aside he's same.
This is a bill that, like some others,
slipped through the Legislature in the
recent session." said Mr.. Martin in
speaking on his resolution. Under the
guise Of protecting the potable waters
of the State. the measure was passed
and the Potable Water Commission
created. This act gives the commits
sion control over all potable waters of
the State and then goes on in a most
peculiar and remarkable sentence to
provide that there must be a payment
to the commission Of not more than $40
per million gallons nor less than 81 per
million for all water used in excess of
100 gallons per capita by the people Of
any district supplied.
This is unconstitutional where a
private corporation is concerned. The
State cannot carry out thai law. With
a municipal corporation owning its
own water supply it is different,