Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1911-02-28
Excludes Points Involved
In Recent Court
Decision.
LEHl0H RAILROAD IS
y UNKIND TO NEWARK
Abandonment Measure Was
Presented Upon Request
of Attorney Corbin.
IFrom a staf Correspondent

TRENTON, Feb. 2s.
a short exemption clause, at the end
of voluminous bill providing for the
abandonment of the Morris canal, testi-
fies to the degree of Importance which
the Lehigh Valley Railroad Company
attaches to the recent Chancery de-
clsion affecting the big Basin"
The abandonment bill was introduced
In the Senate last night by Senator
Fielder. 1t came from the hands OF
the railroad company's lawyers. 1t was
the best presentation they could make
of their clients side of the case, In
many quarters it was regarded as evil
dencing want of respect, if 1t did not
show actual contempt for the decision
of the Court of Chancery.
It was evidently prepared with a
view to many recessions. The measure
covers fourteen printed pages. 1t PRO
vides for the various steps by which
abandonment may be accomplished. II
also shows how the rights of the canal
company and its lessee, the Lehigh,
may be extinguished.
Treats Newark Unlkindiy.
It treats the city of Newark rather
unkindly. In the breaking up of the
properties by sale or condemnation the
bill provides that covenants Ahall be
inserted In all deeds preserving Ito the
city OF Newark the right to perpetually
maintain it's market, its approaches
and appurtenances as nov constructed
and maintained between Broad and
Mulberry streets"
The objection that has been urged
to this clause is that 1t permits OF
no application of the present market
site for other than market purposes.
Future necessities might demand a.
different public use. but 1t is declared
there would be no way of enforcing
such demand as the bill is now drawn.
The principal inquiry here is this
What lies back of all this apparent
display OF candor and good faith on
the part OF corporations which have
hitherto kept their distance?"
The proposed bill affords a partial
answer. Comments of the officials of
some of the parties concerned supply
the balance. 1t is known that the Pub
lie Service Corporation desires the
canal bed for a high speed trolley line.
The president Of the Public Service re-
Gently dealt with that phase of the
matter in letter to Mayor Haussling.
The Lehigh Valley Railroad Company
in It's memorial" admitted that it was
Surprised at Mr.. McCarter's COM
munication.
It is now asserted that the surprise
has given way to a general understand
ing among the representatives of the
several interests. The canal is to be
abandoned. The property rights are to
be sold. The bill provides that the Le-
high may be a purchaser at such sale.
So may any other corporation.
Significant Provision.
Concerning the property so purchased
the bill contains this significant pro-
vision:
ssThe new public uses to which such
property, or any part thereof, shall he
devoted, may be public streets or roads,
parks, railroads, street railways, cleo
tric roads, sewers, telephone, telegraph
or other electric lines, and gas water
pipe lines"
When the canal shall have been
abandoned, II the proposed bill be-
comes q law, there will be ample au-
thority for the utilization of the bed
for street railway expansion. The Le-
high Valley Railroad Company, or Its
assigns. may then decide that 1t Is q
high duty to engage in such public en-
terprise.
Breakers Ahead.
But there are breakers ahead for the /
present abandonment plan. The objec- I
ton heard is that the Lehigh Valley is
showing too much concern about the
future and too little with respect to
the present 1t is treating with in
difference the decision Of Vice-Chancel- !
ior Stevens to the effect that its title
to the big basin is one of leasehold |
only.
The Lehigh would carry the aban- /
donment plan through now and leave
the little matter of the big basin to be
later adjusted. The services of Senator
Fielder have been enlisted in this re-
gard He shows a willingness to help
the corporations, but 1t is said here
that he lacks the force and courage to
make a determined fight In the face of
public Indignation and criticism. AS
there are not many other legislators
who would care to take up the fight,
in it's present form, in behalf of the |
Lehigh, the outlook for early aban-
donment is not encouraging.
Synopsis of the Bill.
The preamble recites the history OF
the Morris canal, showing it's origin |
by State charter in 1924; it's operation
during period of years, and its de-
cline because of changed conditions
and methods of transportation" and
the present necessity for it's abandon
ment.
The bill provides that the charter Of
the Morris Canal and Banking Com
pany shall be repealed upon the filing
In the Office Of the secretary of state
(Continued ON Thira Page,