﻿HYDROLOGY 
  OF 
  NEW 
  YORK 
  569 
  

  

  public 
  than 
  to 
  take 
  it 
  for 
  groceries 
  or 
  hotels, 
  but 
  the 
  capacity 
  to 
  

   have 
  groceries 
  or 
  hotels 
  in 
  many 
  communities 
  would 
  have 
  to 
  be 
  

   dependent 
  on 
  the 
  exercise 
  of 
  the 
  power 
  of 
  condemnation 
  to 
  make 
  

   the 
  cases 
  parallel. 
  1 
  

  

  In 
  1894 
  Clemens 
  Herschel 
  proposed 
  the 
  following 
  amendment 
  

   to 
  the 
  constitution 
  of 
  the 
  State 
  of 
  New 
  York. 
  With 
  the 
  amend- 
  

   ment 
  made, 
  section 
  7 
  would 
  read 
  as 
  follows 
  : 
  

  

  Compensation 
  for 
  property 
  taken. 
  When 
  private 
  property 
  

   shall 
  be 
  taken 
  for 
  any 
  public 
  use, 
  the 
  compensation 
  to 
  be 
  made 
  

   therefor, 
  when 
  such 
  compensation 
  is 
  not 
  made 
  by 
  the 
  State, 
  shall 
  

   be 
  ascertained 
  by 
  a 
  jury, 
  or 
  by 
  not 
  less 
  than 
  three 
  commissioners 
  

   appointed 
  by 
  a 
  court 
  of 
  record, 
  as 
  shall 
  be 
  prescribed 
  by 
  law. 
  

   The 
  necessary 
  use 
  of 
  lands 
  for 
  the 
  construction 
  and 
  operation 
  of 
  

   works 
  serving 
  to 
  retain, 
  exclude 
  or 
  convey 
  water 
  for 
  agricultural, 
  

   mining, 
  milling, 
  domestic 
  or 
  sanitary 
  purposes 
  is 
  hereby 
  declared 
  

   to 
  be 
  a 
  public 
  use. 
  Private 
  roads 
  may 
  be 
  opened 
  in 
  a 
  manner 
  to 
  

   be 
  prescribed 
  by 
  law; 
  but 
  in 
  every 
  case 
  the 
  necessity 
  of 
  the 
  road, 
  

   and 
  the 
  amount 
  of 
  all 
  damage 
  to 
  be 
  sustained 
  by 
  the 
  opening 
  

   thereof, 
  shall 
  be 
  first 
  determined 
  by 
  a 
  jury 
  of 
  freeholders, 
  and 
  

   such 
  amount, 
  together 
  with 
  the 
  expenses 
  of 
  the 
  proceedings, 
  shall 
  

   be 
  paid 
  by 
  the 
  person 
  to 
  be 
  benefited. 
  

  

  Unfortunately, 
  owing 
  to 
  the 
  prevalence 
  of 
  a 
  too 
  conservative 
  

   spirit, 
  as 
  well 
  as 
  a 
  lack 
  of 
  appreciation 
  of 
  the 
  benefits 
  to 
  follow, 
  

   this 
  amendment 
  did 
  not 
  pass, 
  although 
  the 
  eight 
  States 
  previously 
  

   cited 
  have 
  similar 
  provisions, 
  as 
  well 
  as 
  most 
  of 
  the 
  countries 
  on 
  

   the 
  continent 
  of 
  Europe. 
  

  

  The 
  same 
  year 
  the 
  writer 
  was 
  a 
  member 
  of 
  a 
  committee 
  of 
  the 
  

   Rochester 
  Chamber 
  of 
  Commerce 
  appointed 
  to 
  consider 
  some 
  of 
  

   the 
  phases 
  of 
  this 
  amendment 
  as 
  introduced 
  by 
  Nathaniel 
  Foote, 
  

   delegate 
  to 
  the 
  Constitutional 
  Convention 
  from 
  Rochester. 
  The 
  

   writer 
  set 
  forth 
  the 
  value 
  of 
  such 
  an 
  amendment, 
  but 
  the 
  commit- 
  

   tee 
  considered 
  that 
  the 
  Rochester 
  Chamber 
  of 
  Commerce 
  ought 
  not 
  

   to 
  advocate 
  the 
  amendment 
  because 
  it 
  was 
  at 
  that 
  time 
  endeavor- 
  

   ing 
  to 
  secure 
  the 
  passage 
  of 
  an 
  act 
  whereby 
  Genesee 
  river 
  storage 
  

   would 
  be 
  constructed 
  by 
  the 
  State. 
  To 
  this 
  it 
  was 
  said 
  that 
  there 
  

   was 
  no 
  probability 
  of 
  the 
  State 
  ever 
  building 
  Genesee 
  river 
  

   storage, 
  but 
  a 
  too 
  conservative 
  spirit 
  prevailed, 
  and 
  the 
  sense 
  of 
  

   the 
  committee 
  was 
  that 
  such 
  amendment 
  ought 
  not 
  to 
  pass. 
  

  

  lFrom 
  circular 
  letter 
  addressed 
  by 
  Clemens 
  Herschel 
  to 
  the 
  delegates 
  

   to 
  the 
  Constitutional 
  Convention 
  of 
  1894. 
  

  

  