Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1911-03-07
REGARD FIELDER
BILL AS SUBTLE
MOVE OF LEHIGH
Legislators and State Officials
Skeptical Regarding True
Purpose of Measure.
ASKS FOR APPOINTMENT
OF SPECIAL COMMISSION
To Adjust Canal Matters Now
Affected by Chancery
Court Litigation.
rrrom a stan Correspondent

IFrom a stan Correspondent
TRENTON, March 7.-Senator Field
er's resolution is generally
| regarded here as another OF the many
secret and subtle moves which the lie
high Valley Railroad Company has
made in the canal abandonment mat
ter.
The Hudson senator introduced In
the Senate last night a resolution that
was referred to h judiciary commit
tee and printed in full below. 1t seem
TO be at variance with the recon-
mendations of the States counsel
The resolution appoints g commits
sion with power to confer with the
railroad officials, with a view to a fair
and equitable settlement Of the litiga-
ton now pending in the Court of Chan
Gerry against the railroad company and
"an questions Incidental to the settle
ment and disposition of the right, title
and interest of the State and the SAID
companies In the lands in Jersey City
granted by the State to the Morris
Canal and Banking Company by the
act of 1867.
Commissions Power Limited.
1t was pointed out here today that
the wording of the resolution limited
the commission TO an adjudication OF
the matters involved in the canal basin
property. The opinion recently sent TO
the legislature by Attorney General
Wilson and former Supreme Court JUS
tice Bennet Van Syckel contained tbs
important point:
Whether by the continued non-use
of the canal for it's legitimate pur-
poses the railroad has forfeited its
right to the entire canal SO that the
State may take 1t now without COM
pensat.on to the railroad or whe her
the State should enjoin the further IL
legal g of this property by the rail
road, OF should require the railroad
company TO pay for the past use OF
the canal or part OF il for the railroad
purposes, cannot be mad the subject
OF inquiry in the pending suit"
The Fielder resolution seems to bar
all inquiry by the commission into
matters tending to show that the canal
VIM A6 A[ooNCs AtC LClAAkI
Valley, by non-use of the canal for its
legitimate purposes, have forfeited the
right to the entire canal.
The Fielder Resolution.
A copy OF the Fielder resolution fol-
lows:
"A concurrent resolution to refer ths
questions in difference between the
State and the Leh. gh Valley Railroad
Company and the Lehigh Valley Rail-
road Company OF New Jersey in the
action pending in Chancery to a COM
mission to confer with representatives
of said companies and report wha
would be a reasonable settlement Of all
such questions.
Resolved, By the Senate and Gen
eral Assembly Of the State of New Jer
sey (the General Assembly concurring).
as follows:
THE Governor. the attorney general,
and the Honorable Bennett Van Syckel,
former justice of the Supreme Court,
are hereby appointed a commission TO
confer on behalf of the State with rep
n sentatives of the Leh,s1 Valley Rail-
road Company and the Leaigh Valley
Railroad Company, of New Jersey re-
specting fair dn1 equitable terms of
settlement of the litiGatinn n3w pend-
ing in the Court of Cnaac"ry, apDn he
information filed by the att 1rney zen
eral against the said companies. and
in connection herewith 10 consider all
questions incidental to the settlement
and disposition of the right, title an ]
interest of the State and the said com .
panies In the lands In Jersey City,
granted by the State TO the Morris
Canal and Banking Company by char
ter 1873, of the laws OF eighteen hundred
and siyty-seven dS67), taking into con-
sideration all facts and circumstances
affecting the equities between the State
and said companies, and to report the
result of such conference together with
such recommendations as they ma
deem proper to the Legislature at its
present session, for It's consideration
and action"
Not Taken Seriously.
The resolution is not likely to receive
very serious consideration. 1t has Gre
ated interest only because of the cour-
age which the Hudson senator displays
in his frantic efforts to aid the rail
Ioads
1ne fate of Senator Fielder's Iates,
CiLOAt IA AAF EhIdA AIdlLtE IL III COuDli
The matters involved are most intri-
cate and many Legislators expressed
themselves in favor of a course tina,
VIII leave the courts &c decide the con.
troversy.
The HUDSON Senator seems TO De o
popular medium for the transmission o.
mysterious, and suspicious measures
from the offices Of corporations to tbs
Senate.
Senator Fielder Is often referret
to here as the friend of corpora.
a%tions, ESPECIALLY of the railroads
Whether his interest In these combina
Ions liz SUCH as to cloud his view 0
mis- duty to the people will be decide,
ultimately by his vote. In the mean
time the only guide which his actions
afford is the zealousness with which
he carries out corporate requests.
He INTRODUCED the Morris Cana
a hsndonIndnt bill. He is the sponso
for the New York Central West Shor
merger bills. and his name is on tn
riecemee' canal bill. providing To-
abandonment from Jersey City to New
ark Mast nP fnpCa t1ooaVwas he tptwn