Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1914-07-10
OLD SHIP CANAL
GRANT WILL NOT
STOP CITY WORK
That Is Belief Of Officials Who
Have Investigated Fifty
Year-OId Charter.


City officials believe that the claims
made by the Newark Bay Ship Canal
Company win not in any way inter
fere with the reclamation work be-
ing done on the Newark meadows. No
tice was served on the Board of
Works at yesterdays meeting that
the company will hold the city liable
for any Infringement of their rights
along the meadow zone. John A.
Miller, attorney for the almost for
gotten concern" stated that an an
cient and unusual charter Of fifty
years ago makes the present work of
reclamation and the erection of ap-
proaches to the work conflict.
The board received the authorize
ton, duly passed by the Common
Council and signed by the mayor for
the issuance of s15O,O00 worth of bonds
for the opening of Haines avenue
from the intersection of McGregor
avenue and Avenue r to the Meadow
road at a width of 100 feet.
1t is this thoroughfare which forms
| the bone of contention in the notice.
1t is stated that, according to reports,
the line of Haines avenue Will go
across the right of way of the much
belated ship canal. Should such be
the case, the letter continues, the city
will be held responsible for any in
reference with the company's right
of way. The document of notice was
sent on behalf of the corporation by
John A. Miller, corporation counsel
for the company, and reads as fol-
lows:
You are hereby notified that the
New York and Newark Bay Ship
Canal Company was incorporated by
the act of 1866. approved March ID,
and was authorized to lay out right
of way for the canal proposed to be
built by the said ship canal company
1t is reported that the City of New
ark is about to lay out Haines ave-
/ nue. across the right of way of the
proposed ship canal, and this notice
is to notify you that in case the said
City of Newark shall lay out Haines
| avenue across the right of way of the
proposed ship canal, the said New
York and Newark Bay Ship Canal
Company shall hold you responsible
for any interference with the said
right of way and building and main
/ ltIdHCe VI SOOu anu 0ullCAtIlt bllu6tS
across the said canal and for any in
| reference with and any inconvenience
/ in the usage of the said canal by rea-
son of such crossing"
Thinks Rights InvaIidated.
City Counsel James r. Nugent,
speaking informally, expressed the
opinion that the company incor-
porated forty eight years ago, had in
validated its rights" They slept
on their rights it seems Mr.. Nugent
said. When we first started, a COM
plete map showing the planned de-
velopment was published, and in my
opinion the company should at that
time have sent the notice"
| Asked whether in the searching for
titles now under way by the law de-
partment in connection with the pro-
posed meadow Improvement deeds
had been found showing the right of
way of the Ship Canal Company, Mr.
! Nugent said he had not heard of any
so far, but that the searching of
titles was not completed.
! Chief Engineer Morris r. Sherrerd
stated that they had known of the
existence of such a company, but he
added; "They cannot expect the city
to be held up for all eternity on a
paper scheme"
corporators in the charter the fol-
! lowing: Thomas B. Peddie, John B.
II. Robson, Theodore P. Howell,
Beach Vanderpool Joseph hanson,
George Peters, John McGrego-, Peter
H. Ballentine, Thomas w. Dawson,
Francis S. Lathrop, David Ayres,
Stephen G. Sturgis and John NJ.
Phillips. All of the incorporators are
dead.
| Eor ,,a~o +baa 6ft,, ,toor- .ba ;dao
of a ship canal to connect Newark
and New York Bays was entertained
| by enterprising Newark citizens.
| The subject was discussed at public
meetings and in the newspapers. en-
gineers proposed plans and most
| everybody was favorable. But no.
body put up the money. The project
was one of almost appalling magni-
| tude at that time.
Meadows Not Considered
1t was about the time this discus
sion was started that a number of
| citizens got the charter from the
| Legislature for the ship canal. which
was to be wholly In Hudson County.
There was no thought of the Newark
meadows, then a vast morass. John
McGregor was the owner of what
was known as Brilrs Farm. in the
Newark meadows. and when the New
ark and New York branch of the New
Jersey Central was built he disposed
of this property to the Central Rail-
road. Naturally. as owner of meadow
land, he was interested in a project
for canalizing the meadows.
The men who became incorporators
were all prominent and wealthy. The
Legislature in 1866 and up to 1875
granted all charters, and the ship
canal charter was a legislative act.
1t was intended to obtain the rights
| in advance for a great public inn
provement II 1t could be financed, and
| so the charter was put away, but the
corporation was kept up.
When and for what object the
charter was amended so as to take
| in the Newark meadows is yet to be
disclosed. 1t is presumed that the
act was procured after Newark had
decided to develop the meadows in
order to obtain legal claim against
the city, the claim being the rights Of