The Power to Divert Water.

Issue 14 and Volume 43.

The Power to Divert Water. In the matter of the suit brought before the Supreme court of the United States to review the decree by which the New Jersey court of Errors denied to the Hudson County Water company the privilege of diverting water from that State, to carry out a contract for supplying water to Staten Island—the borough of Richmond, New York—the counsel for the Hudson company argued in their brief that the legislative enactment of May 11, 1905, making it unlawful for any person or corporation to transport the waters of any fresh water lake, pond, brook or stream into any other State, and making it the duty of the State geologist to see that the act is enforced, is “an attempt to control interstate commerce and cannot be sustained under the police-power.” This is the law under which the pending case is brought. Counsel pointed out that…

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