Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1911-04-24
Van Orden Corset Co. Address a.. 101 Market St.
STATE DENIES
JURISDICTION IN
SNAKE" ACTION
Continued from First Pase.)

all in line with the statute" responded
the encouragement.
The second objection was that the
Hudson Water Company. under the
State statute, was not coming into
court with money in hand to pay fol
these properties, and the third was that
the secretary of war had no ~appropria-
ton to pay for the lands sought to be
condemned, and the encouragement
recited the Federal statute compelling
the secretary of war to first tender such
appropriated money before beginning
condemnation proceedings. He then
passed to the contention of the govern
ment that 1t was only necessary tc
summon the governor, the attorney
general, the riparian commissioners
and the water supply commission, and
said that inasmuch as the body of the
petition recited that the property
wanted belonged to the State of New
Jersey, there had not beer made a COM
plete service on the State, and therefore
the State was still without notice.
Legal Service on state.
What notice do you think the State
should have?" inquired the court.
THE only service legal at all would
be on the Legislature, and my appear
ance here cannot be a waiver of the
rights of the State, for the Governor,
myself, the Riparian Commission and
the Water Supply Commission have no
power to waive any State rights. The
Legislature can only waive such rights,
and my appearance here cannot be
taken as a waiver. for such waiver does
not run against the State.
1T came here as the legal officer OF
the State to protest against the court
naming a condemnation commission
for the lands, and my appearance does
not bind the State, for the moving
papers recite hat the land they want
to take is the property of New Jersey
Commission Cannot Sell.
Gould the Riparian Commission be
considered the agent of the State to sell
these lands, or be sued for their con-
demnation?' asked the court.
THE Riparian Commission is a min
isterial body with certain agency func-
tions," replied the encouragement;
but its functions are limited by the
potable water act, and they could not
sell such rights" Concluding, the at
torney-general showed that the riparian
lands of the Stataea are held sacred to
the benefit of the State schools, and,
therefore, this proceedings is an attack
on the Constitution Of the State.
In reply United States Attorney John
B. vreeland recited that the secretary
of war had condemned the water or
Staten Island as unfit for use, and, as
the 1900 statute allows the taking Of
lands for maintenance of Notifications
water being an essential for the living
Of the men in the forts, that element
of living is one of maintenance, and
therefore, completely undo the con-
trolling features of the statute, there
being no fit water on Staten Island, the
government, seeking to maintain the
forts, has the power to go into another
State and condemn lands to get suct
water.
War Department Has Funds.
Judge Vreeland claimed that the
statute did not compel the war depart
ment to set up it's power to pay fol
the lands sought to be condemned. The
war department has money under tht
appropriation for this water supply FOL
such work; how much 1T would bt
against public policy to disclose wher
lands were sought to be bought.
Judge Vreeland contended further
that the decisions in Meeker VS.. NC
Carter did not put the title to sub
terreanan waters in the States, and tn
United States believe the State doe:
not own such water rights. The State
Of New Jersey owns the riparian rights
on these grounds, and the attorney
general Is empowered to defend such {
suit as this is.
Judge Decides Against state.
Suppose the Legislature was not II
session, must these condemnation pro
ceedings wait them" asked Judg
Vreeland. Gould the Board OF Ripa
rian Commissioners accept or refuse
tender of money for these landsT
asked Judge Cross.
yes, such title could be given b.
this board" responded Judge Vree
land.
Then if this is so," commente'
Judge Rellstabr II will hold thet Tn
State has had sufficient notice"
Acknowledgement Wilson at once oh
jected, saying the Riparian Boar
could only give title after six months
notice to the owner of the propert
adjoining the riparian lands OF TN
!, State, and after the owner failed t
buy at the end of this period the
they could negotiate with the Hudso
Water Company. or the government Q
any one else, but there is no power I
condemn such land. for then the,
would be exercising their sovereign
jurisdiction over h lands.
a, Good Service, the Issue.
Judge Rellstab. however, said tn
. condemnation matter was not the issu
> just then. but the matter of a goo
: service, and inasmuch as the State ad
United that the Riparian Commissio