1841 2a

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1841 2a - V 1 . 6 9. The said Commissioners, hv nA n.;h...
V 1 . 6 9. The said Commissioners, hv nA n.;h v. consent of the said Common Council, shall hare full power and authority to change the place of Crossing the Harlem River with arches and piers. ...I i .v . i ' biiu iiniMu mercui 10 carry me water across the said river by means of inverted syphons of iron DiDes. until otherwise dirwtid hv th I t..... -- .: 7 . --O.o."i7, so as not unnecessarily to interrupt the navigation of said river. And the said Commissioners are further authorized, by and with the consent of the said wjminon ixmncu, io airer me plan ot constructing me rcaerroir ai or near IO lorKVIlie. and IO Com-Olete SO much of such rmrrrniru ahill h. .lu... . - . . v. ucctim. sufficient for the present purposes of such aque- uuc. inoe siaiuies expressly preserve the navigable quality of the Harlem River, and secure to the citizens living above the place where the aque- fill. 1- tn A.nf. k. .-I U . 1 . m tv liuh, ujv iiui biiu power io navigate said river. All these statutes establish that the Water Commissioners are the power authorized to make and alter plans, subject, however, to the approval of the Common Council. The Corns ission. ers must originate any alteration, and if the Common Council concur, the alteration will be legal, provided it does not violate the letter or spirit of the statute. These laws, the plan, and the contract under them, compel the erection of a high aqueduct over the Harlem river, and any alteration of this plan, to be legal, must be recommended by the Water Commissioners, concurred in by the Common Council, snd must not impair the navigation of the river. These laws, by implication, give the right to interrupt the navigation of the Harlem river in such manner and for such period as the necessary work, properly to build the aqueduct may cause, but in no other way and for no longer time. The act authorising the building of the aqueduct in the manner prescribed, gives no legal right to construct a temporary dam for the purpose of carrying the water across, during the erection of the permanent work. lithe embankment over which the temporary pipes are to be laid is necessary to enable the proper construction of the aqueduc' there certainly can be no equitable objection to the use of such embankment to bring the water across during the erection of the permanent work. Were it not that the dam which has been made for the legal purpose of sinking and erecting the piers, can be used to bring the water to the city the pecuniary and the other interests of the city, would prompt a speedy erection of the high aqueduct, and the interruption of the navigation would be for the shortest possible period, with the least detriment to the rights of others, and this would be in strict conformity to the law. This temporary dam and pipes, made for the accommodation of the ritv r Ka vi, . - J . ..v.. a ul IV, VWI1IUI UQ used as a reason why the building of the aqueduct ..-.no m uiKiwunuea, suspended, or protracted ; or why the obstruction of the navigation should be continued beyond the period necessary to finish the permanent work. The fact that the temporary dam will answer the purpose of the city is no reason why the law which is intended to pro tect the rights and interests of others should not be enforced. For

Clipped from
  1. The Evening Post,
  2. 22 Apr 1842, Fri,
  3. Page 2

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