The Lambertville record. [volume] (Lambertville, N.J.) 1872-1968, 1908-04-01
GOVERNOR FORTS REASONS
OF VETO.

ed to do away with toll bridges across
the Delaware.
And while there is some force in hi,
objections to the bill as passed, We
doubtless there is much regret tina
he could not see his way clear to sigr
it. And it was thought that in view
of the fact that the law would not have
become operative until concurrent
legislation was passed in Pennsylyan
ia, there would have been time, and
it would have been probably neces
sary to make some amendment to
meet the views of the Pennsylvania
Legislature which meets next winter.
There is however still time to have
an unobjectionable bill prepared and
possible by conference have it made
agreeable and passed in both states
next winter. Since the bill was veto.
ed a concurrent resolution has been
introduced providing for a Commits
sion to meet like Commission from
Pennsylvania to take necessary action
in the matter.
Following is the full text of the We
| toe:
Herewith return to the house of
assembly, in which it originated, as
sembly bill No. l. entitled AN act
authorizing the acquisition and main
tanning by the state of New Jersey,
in conjunction with the state of Penn
sylvania, of toll bridges across the
Delaware river, and providing for
free travel across the same The
purpose of this act is to appoint three
persons to acquire the rights, fran
chises and property of the several
toll bridge companies operating
across the Delaware at points between
the city of Trenton and Phillipsburg.
The state of New Jersey is to pay one
half the cost and the state of Penn
| sylyania the other. The bill carries
an appropriation of 100000 for
New Jerseys ene-half of the ex-
pense. The purpose of this bill is,
so far as it seeks to eliminate toll
bridges, good one. The days for
toll bridges or turnpikes have passed.
But the difficulty with the proposed
act is its crude and incomplete char
acter. 1t is not shown what the cost
of acquiring these bridges might be
to the state, nor is any provision made
| in tie bill as to how the fund for their
maintenance is to be provided, after
they are acquired.
Before any laws should be enacted
to take these properties over by pur
chase or condemnation, provision
appraise or condemn the properties,
or both, by joint action, and then
each state would know definitely the
exact proportion which it was to pay.
This act begins to acquire before
ascertaining the cost. A commission
| by New Jersey alone is futile. A
commission bill could be passed by
both states authorizing the appoint
ment of four commissioners, with full
power to value and purchase, or take
measures in their own name to con-
denim. This act should also provide
for the operation after condemnation
and for the care of the bridges. at the
Joint cost OF the two states, or the
two states and the counties adjoining
the bridge ends on either side of the
river, as might he thought equitable
and just. This bill provides for the
be appointed by the courts of COM
mon pleas For this there is no ne
cessty. The power to acquire or to
value and condemn can be gwen to
the commissioners appointed by the
| governors of the states without all
this cumbersome and expensive ma
chinery, The report of the commits
sioners can be filed in the Office of
| the clerks of counties where the
bridges lie and the Office of the secre-
tary of state, and the values, as fixed
by them, can be final, unless appeals
are made therefrom to the courts, and
the amount of the awards can he paid
into court pending any proceedings.
on appeal, from snch awards, and the
| state can take possession in the mean-
| time. 1t Is not necessary for condem-
nation commissioners to he appointed
| by q court.
"Again this act by its eighth sec
ton provides that Immediately after
the enactment OF the concurrent legis-
lation by the state of Pennsylvania,
said bridges shall become the sole
property of the states of New Jersey
and Pennsylvania in properties afore-
said, and the toll charges thereon
shall cease and said bridges shall be
free to the travelling public This is
clear confiscation OF private property
for public use without com pensation.
The state has no power to do this.
There is nothing in onr general con-
domination act which permits it, nor
| 10 tucfo uuy tuIHS III WIN uCb WHlCH
would permit tin the case of paragraph
Is of article / of our constitution,
which reads: Private property shall
not be taken for public use without
just compensation, but land may be
taken for public highways as hereto
fore until the legislature shall direct
compensation to be made Private
property cannot be taken under our
general condemnation act-revision oil
190O-until compensation is first made
or provided for by deposit in court OF
otherwise. Nor can it in my opinion
be so taken in any case by the state,
or any agency, of the state until such
compensation is SO made or provided
for. Land for highways may be sc
taken and compensation subsequently
made, by virtue of the second clause
OF the paragraph of the constitution