Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1912-06-04
MORRIS CANAL
INQUIRY BEGINS
Commission Wants to Find Out
Lehigh Valleys Right to
big Basin"
IFrom a stan Correspondent


TRENTON, June 4.--The Morris Canal
Commission today begins its inquiry as
to whether the Lehigh Valley Railroad
Company has forfeited It's right to the
big Basin in Jersey City, by reason of
misuse.
1t is claimed against the railroad that
1t has only a leasehold interest in the
basin, the lease being coterminate with
the life of the canal charter, and hence
will not expire till 1874. There was also
a deed, granting the States reversionary
interest to the company, but this was set
aside In the Court of Chancery In a suit
by the attorney general. Vice-Chancellor
Stevens, who heard the case. took occa-
sion TO state in his opinion that the va
lidity of the lease was not in issue, the
proceedings dealing only with the deed
from the Riparian Commission. This
negative declaration In favor Of the Lee
high Valley will not. 1t is said, deter the
canal commission from inquiry as to the
right Of the railroad company to the use
of the basin under the lease.
Wants 20 Know Value.
The commission recently requested the
State Board Of Assessors to prepare a map
of both the big Basin" known also
as the Basin of 1861" n the Little
Basin" both In Jersey City, showing
their lines and the uses to which they
are being put at the present time. The
act of 1867 provides for the use Of the
Biz Basin" for canal purposes only, and
the commission, It is said, expects 10
have n tudicially determined whether the
phrase "for canal purposes only Ii
broad enough to cover the use OF the
basin for railroad purposes. II the Dasih
Ia not being used for canal purposes the
commission wants to know whether sucn
a fact does not establish a case OF mis-
user. that will legally warrant a for
fixture of the lease.
Another phase of the canal problem
that the commission expects to lake up
relates to the value of the canal prop
crtv. The State Board of Assessors
last year had all railroad n cana
properties of the State appraised by
Charles Hausel. Now the commission
wants to know how Mr.. Hansei ap-
praised the cana property. IL II was
entirely on a fee simple OASIS the up
praisal would be erroneous, the com
mission holds, as a large part OF TINS
lands will revert to the original own
ers. Their heirs or assigns In the feVen'
of the abandonment of the canal fo'
navigation purposes. So 1t may turf
o,t that the canal commission may
need n new appraisal. The commission
has authority to do this.
Has Much Information.
go far the commission has had nc
cause to complain on the score of wan
Of cooperation on the part Of the Lenlgf
Valley. Assemblyman Fred g.. stickei
ir secretary of the commission ha'
much data on the canal question:. o'
far the Lehigh Valleys contribution
consists of fifteen maps showing thu
~coniguration of the lands along th'
canal. and a lot of deeds under whicf
the Lehigh Valley secured title or pos
session from squatters to fee simple
possession.
For the information of the commits
s,on there Is being made a reprint of
brief by the late Cortlandt Parker II
1oo6. in which Mr.. Parker took strons
ground In favor of the forfeiture Of thu
canal charter on the ground of non
user. The brief was read at an As
sembly hearing on Assembly bill No
1o7. that year, providing for the aban'
donment of the canal on much less
I'm vorable terms Tor the people at large
than have been proposed in other bill
since,