﻿568 
  NEW 
  YORK 
  STATE 
  MUSEUM 
  

  

  As 
  to 
  the 
  drainage 
  of 
  swamps 
  and 
  lowlands 
  where 
  an 
  improve- 
  

   ment 
  in 
  the 
  public 
  health 
  may 
  be 
  reasonably 
  expected, 
  the 
  State 
  

   should 
  pay 
  a 
  portion 
  of 
  the 
  cost. 
  On 
  rivers 
  like 
  the 
  Hudson 
  and 
  

   Mohawk, 
  where 
  the 
  State 
  assumes 
  to 
  absolutely 
  control 
  the 
  waters 
  

   without 
  regard 
  to 
  the 
  rights 
  or 
  wishes 
  of 
  the 
  riparian 
  proprie- 
  

   tors, 
  the 
  State 
  should 
  in 
  consideration 
  of 
  such 
  control 
  make 
  all 
  

   necessary 
  improvements 
  at 
  its 
  own 
  expense. 
  On 
  the 
  rivers 
  of 
  the 
  

   balance 
  of 
  the 
  State, 
  where 
  a 
  different 
  rule 
  prevails, 
  the 
  State 
  may 
  

   in 
  consideration 
  of 
  the 
  abatement 
  of 
  Hoods 
  and 
  improvement 
  of 
  

   the 
  public 
  health 
  pay 
  a 
  portion 
  of 
  the 
  cost. 
  

  

  Constitutional 
  amendment. 
  One 
  difficulty 
  in 
  New 
  York 
  is 
  such 
  

   defects 
  in 
  the 
  constitution 
  as 
  prevent 
  thorough 
  development 
  of 
  

   the 
  natural 
  resources 
  of 
  the 
  State 
  by 
  means 
  of 
  works 
  serving 
  to 
  

   control 
  water. 
  This 
  fact 
  is 
  the 
  more 
  extraordinary 
  because 
  a 
  

   number 
  of 
  western, 
  States 
  have 
  embodied 
  in 
  their 
  constitutions 
  

   articles 
  empowering 
  the 
  legislatures 
  to 
  apply 
  a 
  taking 
  by 
  right 
  

   of 
  eminent 
  domain 
  upon 
  payment 
  of 
  just 
  compensation 
  for 
  the 
  

   necessary 
  purposes 
  of 
  retaining, 
  excluding 
  or 
  conveying 
  water. 
  

   The 
  contradictory 
  laws 
  of 
  New 
  York 
  may 
  be 
  sufficiently 
  illus- 
  

   trated 
  by 
  stating 
  that 
  it 
  was 
  discovered 
  a 
  few 
  years 
  ago 
  that 
  

   under 
  the 
  amended 
  charter 
  of 
  New 
  York 
  city 
  the 
  city 
  had 
  no 
  right 
  

   to 
  secure 
  an 
  adequate 
  water 
  supply. 
  The 
  result 
  of 
  this 
  was 
  to 
  

   throw 
  the 
  furnishing 
  of 
  water 
  into 
  the 
  hands 
  of 
  a 
  private 
  company. 
  

  

  Constitutional 
  precedents 
  for 
  an 
  act 
  of 
  the 
  kind 
  here 
  proposed 
  

   have 
  been 
  enacted 
  in 
  Missouri, 
  Colorado, 
  Illinois, 
  California, 
  

   Idaho, 
  Montana, 
  Washington 
  and 
  Wyoming. 
  In 
  Wyoming 
  the 
  

   provision 
  reads 
  as 
  follows 
  : 
  

  

  Private 
  property 
  shall 
  not 
  be 
  taken 
  for 
  private 
  use 
  unless 
  by 
  

   consent 
  of 
  the 
  owner, 
  except 
  for 
  private 
  ways 
  of 
  necessity, 
  and 
  

   for 
  reservoirs, 
  drains, 
  flumes 
  or 
  ditches 
  on 
  or 
  across 
  the 
  lands 
  of 
  

   another 
  for 
  agricultural, 
  mining, 
  milling, 
  domestic 
  or 
  sanitary 
  

   purposes, 
  nor 
  in 
  any 
  case 
  without 
  due 
  compensation. 
  

  

  In 
  New 
  York 
  the 
  law 
  on 
  the 
  subject 
  of 
  mill 
  and 
  flowage 
  acts 
  is, 
  

   as 
  already 
  shown, 
  in 
  an 
  unsettled 
  state, 
  and 
  a 
  constitutional 
  

   amendment 
  enabling 
  proper 
  legislation 
  to 
  be 
  enacted 
  is 
  needed 
  

   in 
  order 
  to 
  develop 
  hydraulic 
  works 
  as 
  well 
  as 
  other 
  natural 
  re- 
  

   sources 
  of 
  the 
  State. 
  

  

  It 
  has 
  been 
  said 
  that 
  it 
  is 
  no 
  more 
  justifiable 
  to 
  take 
  property 
  

   for 
  mills 
  on 
  the 
  ground 
  that 
  their 
  business 
  is 
  beneficial 
  to 
  the 
  

  

  