Year: 1879




jected waterway for connecting the Hudson
and East rivers. 1t will be recollected that
last year Congress made an appropriation,
moderate in amount but still sufficient for
preliminary work. 1t seemed great point
gained when Congress was brought to in
dorse the work by authorizing its COM
mencement. There was no necessity for
making the first appropriation larger than
the wants of the year, and, rs much time
would be consumed in making surveys
deciding between the three practicable
routes, the moderate appropriation was
quite sufficient for the first year. Had the
right of way been acquired another appro-
priation would be granted at this session,
and when Congress had committed itself to
an important work fully begun there
could have been no further doubt OF its
steady prosecution from year to year until
completed. But the enterprise is brought
TO a stand, and there is no certainty that
Congress will appropriate more money this
winter.


1t was made condition Of the construc-
ton of this work by the government that it
should pay nothing either for the right of
way or for the land it might have occasion
to use in constructing the ship canal. This
condition was reasonable enough, since the
benefit to the adjoining property would be
so great that its owners could we'll afford to
give all the land required and great deal
besides. And yet no disappointment should
be felt at their refusal. 1t is not in average
human nature to give what it is for the in
terest of the public to buy. General New
ton reports that he spent much time, care
and labor in ascertaining the position,
boundaries and ownership of the property
affected in anywise by the proposed i'm
provement On the 2Sth of December last
he sent out circulars to owners Of property
along the Harlem River and also along two
of the proposed cuts from the Harlem to
the Hudson--namely, by way of Sherman's
Greek and Tubby Hook, and by way Of
Dyckman's Creek and Spuyten Duyvil,
leaving out the Kingsbridge route as in
eligible and too expensive. At the date Of
his report-January 18-he had received
but small number of answers, but sufi-



able hope of acquiring the right
of way by voluntary gifts of pri-
vate property. General Newton is q
man Of too much experience to be surprised
at this result. Naturally" he says,
"owners will refuse SO long as there re-
mains q chance for remuneration" In
deed, it is perfectly idle to expect that the
government will ever acquire the right of
way and the needed land by such method
But although fully convinced Of this Gen
eral Newton does not recommend the pur-
chase Of the land by the government. He
recommends the very reverse. 81 do not
believe" he says, ''that the country at
large would sustain the policy of purchase,
but, on the contrary, would reject an i'm
provement coupled with such conditions


What, then, is to be done? 1t is certain
that the government will not purchase and
that private owners will not give the land
needed for the ship canal. This state of
things puts an end to the project unless
some other party in interest comes to the
rescue. Most of the private owners will
not, and some of them cannot, concede what
the act of Congress requires. "Some of the
property" says General Newton, sis held
in trust and cannot be alienated except by
condemnation" This is evidently matter
for the intervention of the State Legislature,
which should exercise the right Of eminent
domain, as it does in SO many other cases
whore private property is needed for public
use.


General Newton thinks that m meanwhile it
would be well to continue to appropriate as
if everything were ready for commencing
the work, for he does not think it impossible
that the proper concession will be made
after the adjournment of Congress. No risk
will be incurred by acting on this sugges-
ton, since all the money appropriated will
remain in the Treasury unless the owners
yield or the State takes the property and
makes compensation to the owners. But
Congress would be more likely to appro-
pirate money if the Legislature would take
the necessary steps at once. The interest
of the State and the city in this improve
ment is so great that a carefully framed act
for taking the property and conveying it to
the United States ought to pass without
opposition.


We think the act of the Legislature should
explicitly exempt the State Treasury from
liability to pay any part of the compensa-
ton. This is expedient in order to secure
the votes Of the rural m members and to pre-
vent delay. The city of New York could
we'll afford to give the land, and prompt ac-
ton is needed to encourage Congress to
make new appropriation in order that the
work may be begun this spring. Such an
act as we have indicated would easily pass
the Legislature if all the city members
would ask for it. The expense to the city
would be mere bagatelle; or, rather, il
would be attended with no expense at oil if
the law for converting the property to pub
lie use were properly framed.