Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1914-07-17
WILL CONTINUE
HAYNES AVENUE
EXTENSION WORK
City Counsel Nugent Says Canal
Company Claims Cannot
Stop Improvements.

The Board of Works yesterday after
noon. City Counsel James r. Nugen
stated that there was no merit in the
contention of the company and urged
the work to be hurried.
Mr.. Nngent in giving his opinion
stated that he had searched
the records carefully and could
not find that any legislation
had been obtained by the COM
pany to give life to a charter that
had been slept on" for about half a
century, and did not believe that the
company had any rights in the prop
arty concerned in before made ex-
tensions of streets or those contem-
plated.
The main contention Of the COM
pany, or those representing 1t, was
that the extension of Haynes avenue
would necessitate its crossing Bay
avenue This avenue is in the canal
zone as originally laid out, but since
the laying out OF the same there has
been no effort made to exercise the
rights granted under the charter to
the company. according to the re-
searches of Mr.. Nugent.
In his opinion to the board Mr..
NNRent showed that the city records
recorded the payment of Sl5OO to MRS.
John B. l. Robson for the damages TO
iandStaken for the purpose OF opening
mn RA.y avenue and also that by the
failura OF the company to exercise It's
rights Ut had practically abandoned
those ri,ghts. John b. |. Robson ana
Mrs. Robson represented the pIih-
cipal interests IN the company MT
1upent also presented to the commit
rec letters from the corporators of the
anal cornnaany and from the pres
dent OF the company.
Has No Right of Way.
Following the meeting Mr.. Nugent
was asked: docs the payment OF
u,unev to Mrs. Robson cover all Oh
the claims Of the company to the
right of way through the canal zone
,sThe company has no right of way
insofar as l can ascertain by search.
Bx the acceptance of the $l,5O0 py
Rohison's wife it appears as though
Ali claim to a right of way was
abandoned by the Robfsons. Robson
was more or less a promoter OF the
..aheue and had a controlling inter-
est in the company. The failure OF
fi,e company, as l have said peiore'
10 exercise it's rights under the enar-
-er will in all probability aN as al
estoppal to any action whiea might
be taken" was Mr.. Nugents reply.
ssDId the city purchase only an
easement. and can the canal company
20 under Bay avengle?" was another
question.
sNo. The city has rights for the
nublic use of that property and the
canal company could nos go oeneatn
# without securing legislation giving
II that right" was the answer
y 's.poes. the neglect to exercise the
lights of the charter invahdate IL
= YES. No man nor set OF mel, nave
he right TO hold forever charter
ma refuse to exercise itsSprivileges,
sepiied Mr.. Nugent.
eHHas the company subsequently Sc
snred any legislation to give life TO
me charter"
t.-ssNot SO far as I can find out, and
ave made a careful search OF the
records"
sDo YOU think there is any posi-
s,ility of the city being embarrassed
az having any lawsuits through the
opening Of Haynes avenue or any
other tracts included in the origlnai
canal zone2'
IT have already given my opinion
hat the charter of the canal COM
UdnY has bSNi
Refers to Old Letters.
"Three years ago or thereabouts,'
continued Mr.. Nugent, "the city filed
!, map in the office of the secretary OF
state in which the canal zone was
shown. This was done to give any
corporation that might claim rights
IN the land to put forward those
claims AS no claims have been put
Forward this will act as an estoppal
Of future claims.
Mr.. Nugent's communication TO the
committee of the board follows
THE Newark meadows part of the
chip canal proposed in 1863 by the
New York and Newark Bay snip
Canal Company was to be located be-
tween the bay shore and Dawson
street, south of South street. 1t being
then proposed to make the canal
about 200 feet wide.
'In June, 1869, the 'corporators, OF
the New York and Newark Bay Ship
Canal Company sent a communica-
ton to the Mayor and Common Coun-
ell as follows:
ITO the Honorable the Mayor and
Common Council Of the City of
Newark:
Gentlemen-Having understood that
your DOoy hoNO nov NAA0~A
consideration the necessity of some
better mode of providing for the
water emptying from the sewers OF
the lower section of the city, and that
a large open cut ditch from Railroad
avenue to the bay has been proposed,
the corporators of the New York and
Newark Bay Ship Canal Company
would respectfully call your attention
to that section of the proposed shiI
canal leading from the bay across
the meadows to the upland In the
lower part of the city and ask YOU
consideration of this matter with ref
erence to cooperation by the city
with this company in constructing
said canal and by this means provide
a more ample outlet for sewage anc
DRAINAGE than could be obtained IN
any other way for the same outlay
of money. The width of this cana
will be 200 feet with 10 feet depth o.
water at low tide, and its construc
ti0n will be of incalculable advantage
70 the commercial prosperity Of oui
growing city.
"The wharfage on our river front il
already all taken up, so that TIN
rapidly increasing business of on
city requires additional water priv
leges, which can be readily obtained
by constructing one main canal from
the bay and by branches therefrom
The excavation for the canal will fur
fiish all the material for filing tn
meadows for a considerable distanc
on either side of it, grading streets
etc, drain a large portion Of meadow
property adjoining. while at the sam
tinne the canal can be used for carry
ing away the sewerage of the entiri
lower portion of the city. 1t is ais
the intention of the canal company t
cut through Bergen Neck, thus con
Meeting the waters of New York Ba,
With the waters of Newark Bay. Thi
will shorten the water distance Z
New York from this city fully one
half the distance by the presen
route, avoid all the objectionabl
bridges and place the city of Newarl
within forty minutes by steamboat o
New York.
1This canal will have a depth o
Il e. -.