The sun. [volume] (New York [N.Y.]) 1916-1920, 1919-11-03
Amendment No. 1 Explained.

Amendment No. Explained.
ALBANY, Nov. 2.-"Amendment NO. 1,
as tho other three amendments" says the
Conservation Commission In a statement
Issued to-day. This amendment provides
that the use of property for the drainage
Of swamp or agricultural lands Is declared
to be public use" and that the expense
Incurred in draining such swamp lands for
benefited thereby"
cllitate the drainage of areas of swamp
lands and make possible their productive
use In agriculture. Seemingly this could
be done under the present provisions of
Article l.. section Z. of the Constitution.
but the courts have made the present Con-
stitutional permission practically invalid
cultural land is not essentially puolic
use and by declaring that benefits could
not be assessed upon all lands and proper
ties benefited unless such benefits were
levied for the purpose of preserving the
public health and safety.
The result Is that II 1t is not possible TO
show material benefits to public health
and safety individual property owners may
hinder drainage improvements either by
their lands or else by refusing to share the
cost OF drainage by which they would be
II the proposed amendment L. adopted
and the drainage of swamp lands for
agricultural purposes Is declared to be g
public use DRAINAGE cases win be dealt
with In the stmo way as other public i'm
provements-that is to say. the drainage
work will be carried out, with the cost
with jnst compensation to those who are
damaged.
The case would be analos ous to the sys-
tom at present followed in the placing Of
. public highway, where, upon proper COM
pensation. individual DIRECTORS give way to
a public improvement that will benefit
many.
Tho Conservation Commission estimates
that there are about 100000 acres of
swamp land throughout the State and that
about half of this area can be drained at
cost that would make It q highly prof1t
able undertaking. By the drainage OF one
swamp alone along the Waikiki River in
could readily be brought under cultivation.
AS is well known to agricuitursts, the
most fertile character. and, according to
the Conservation Commissions figures.
swamp lands which are now worthless
could by drainage be brought to an aver
age value of 5000 an acre. Some swamp
lands in the State which have already been
drained are said to be worth as much as
1880 an acre.
Benefits of Ratification.
Criticism of the proposed amendment
has been directed to the section provid-
ing that the costs of drainage may be as
erty benefited thereby 1t has been feared
that under this wording the State might
have to pay the cost of a drainage project
which would be of benefit only to a few.
Such criticism should be considered in
the light of the further provision that only
general law, and no special acts, may be
enacted by the Legislature under this pro-
posed amendment, thus assuring to all
sections OF the State the same benefits that
and also to the provision OF Article VII.
section l. of the Constitution, which says
that the credit of the State shall not in
any manner be given or loaned to, or in
aid OF. any individual, association or cor
poration.
The usual method OF procedure in the
aGn nf drnI trrnf. d
for petition TO be presented to the Com
servation Commission by the person or per-
sons possessing the land or those in the
After the receipt OF such petition the
Conservation Commission is required by
statute to examine into the matter and to
determine whether the drainage of the
lands is of sufficient impeRiance to warrant
the Interference of the State.
If the commission determines that the
project is worthy of further consideration
surveys and estimates are made and the
cost of the drainage is presented to tho
owners. II after public hearings they stiil
desire the work to proceed. the commission
determines the amount OF the benefit whiNl
will accrue to each of the various bene-
to the amount OF benefit each Is to receive.
Tho amount OF this tax, which may be
spread over a period OF years, must equal
| the cost, including just compensation to all
who have been damaged.
Under present conditions It is possible
| for the entire improvement to be blocked
| by selfish interests through refusal to CO.
operate. BY ratification OF amendment
! No. l the project could be carried out on
| the principle of the greatest good to the
greatest number"
Although the entire State will be bene-
| hted by bringing under agricultural Guilt
| walton fertile lands which are now idle, the
/ taxpayers will bear no share OF the ex-
| pense, which must be paid by the bene-
| fciaries. Farmers throughout the State
are said to be unanimously in favor of the
| amendment, which It Is expected. will IN.
| doubtedly be ratified.
| A Doc Deer Inquiry for Mr.. Hoover.
have read the controversy between
| white Birch" and NJ. II. Hoover regard
Ing the. repeal AZ the budk law.
| should be obliged IL Mr. Hoover will
| tell me what member OF the Conservat ior
Commission made the statement that 6, OO(
of the annual kill of 10000 deer hav,
| been does.
do not recall reading that statemen
| In any annual report OF the Conserve
| ton Commissioner George u Pratt n