Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1911-03-15
State Moves to Protect
Its Rights in Con-
trOVersy.
WISH ATTORNEY GENERAL =
TO TAKE PROMPT ACTION
Joint Resolutions Providing for
Necessary Proceedings intro
duced in House. Il

TWIN = DAa4A wi foot'ohAo4A-4
TRENTON, March 15.-The wind-up
of the Morris canal controversy by the
forfeiture Of the canal charter il the
object sought In a joint resolution in
troduced in the House last night II
will be opposed by the Lehigh Valley
Railroad Company, which is accredited
with maintaining a powerful lobby.
backed by ample financial resources.
The resolution informs the attorney
general that II L. the sense of the
Legislature that forfeiture proceedings
be instituted against the canal COM
pany and the Lehigh. the canal lessee,
to the end that, because of non-use
and misuse, the rights and franchises
now claimed by these corporations
may again belong TO the people Of this
State"
The joint resolution Is in accord with
the STARS oft-repeated suggestion as
to the solution OF the canal abandon
ment controversy.
Want $4,000 for Litigation
For the purpose of gi--lng effect to
the joint resolution there was also in
troduced in the House a bill providing
that the sum of $4,000 be appropriated
to carry on the litigation. The attor-
ney- general will be assisted by such
special counsel as the Governor may
designate.
The original Fielder concurrent reso-
luton received jolt when former Su-
preme Colvt Justice Van Syckel an
nounced THAI he would refuse to serve
on the commission therein provided.
unless provision was made so as to in
clude all matters in the controversy
Senator Fielder hurriedly eonsylied
with the former Justices intimation by
substituting a concurrent resolution
possessing the scope which the Justice
insisted upon. This resolution was
subsequently passed by the Senate and
is still to be acted upon in the House.
II the joint resolution is favorably
acted upon 1t viii mean the death OF
the Fielder concurrent resolution.
The governor throughout the entire
canal controversy has preserved an at
titude of profound indifference. and it
is evident in the actions of Fielder and
the confidence OF the men who are
back of his bill that they hssve no
great fear Of a veto, such as those by
the late Governor George C. Ludlow
when he vetoed and defeated three
bills of about the same character.
Here is copy of the joint resolution
introduced by Assemblyman Streit-
wolf;
The streitwoH Resolution.
BE it resolved by the Senate and
General Assembly of the State of New
Jersey:
Il. The attorney-general OF New Jer-
sey is hereby informed that II is the
sense of the two Houses of the State
Legislature that he should, in the name
of the State, file writ of quo war
ranto, or information in the nature OF
quo warranto, against the Morris
Canal and Banking Company as pro-
prietor or owner, and the Lehigh Valley
Railroad Company as lessee of the
Morris and Essex Canal, to the end
| that the two said corporations may be
ousted from all of the rights and fran
chises in and TO said canal and its
/ appurtenances, and that such said
rights and franchises may again belong
| to the people of this State; 1t being
/ the sense of the Legislature that there
/ has been q non-user and mis-user OF
] U"
! said by the two corporations aforesaid.
and that the chartered duties of said
corporations in the matters aforesaid
/ have been grossly violated by the two
corporations aforesaid, and that tho
two corporations aforesaid have for
feited all the rights in the premises.
20. This joint resolution shall take
effect Immediately"
~ r.
! wolf introduced a bill as follows, for
an appropriation to pay the cost Of
1 litigation:
Apportious $4,000.
/ BE 1t enacted by the Senate and
General Assembly of the State Of Nau
Jersey:
THE sum of twenty-five thousand
\ dollars is hereby appropriated to he
used by the attorney general of the
State and such special counsel as may
be appointed by the Governor to as
sist him TO meet the expenses Of any
Investigations. suits or ltigations OF
quo warranto, or in the nature of quo
warrano. for the purpose of the custer
of any canal company chartered or
operating In this State, that has been
recreant to Its chartered duties, has
failed to properly and faithfully per-
form the same. has misused the same.
and has violated its franchises. and for
being guilty aforesaid should be or can
be ousted of its franchises so that said
franchises shall be forfeited and again
become the property of the State.
- All funds out of this appropriation
shall be payable by the comptroller on
the certificate of the Governor"
] The Fielder resolution follows:
Concurrent resolution directing the
appointment Of a commission on behalf
of the State of New Jersey TO confer
with representatives OF the Morris
Canal and Banking Company, the Lee
high Valley Railroad Company and
the Lehigh valley Railrosd Company