TRANSPORTATION LIBRARY,I HE 554 g.N7 - A516 EXHIBIT6/: B 452834 EASTERN I. CLASS RATE INVESTIGATION C. C. DOCKET 15879 PORT AUTHORITY STATUTES The Eprt of New York Authority 11 Broadway, New York City 1925 T-d - A, # 3 -vl*"yJ Tlt.mfs'N'l-ltw,# T O, f ' '-~.i ~i. f:~j:J r -1- ~.t' I.i ~1.1: '.".1~1.1$31 s:" ~ I;:i~ --~ r~ '":~;-;-~~, ':* ~CI~-`i;:: ~ PROPERTY Or -S - - - eWRP, THE COMPACT BETWEEN THE STATES OF NEW YORK AND NEW JERSEY BY WHICH THE PORT OF NEW YORK DISTRICT AND THE PORT OF NEW YORK AUTHORITY, WITH CERTAIN POWERS, WERE CREATED. ACTS OF THE CONGRESS OF THE UNITED STATES AND THE LEGISLATURES OF NEW YORK AND NEW JERSEY UNDER WHICH THE COMPACT WAS AUTHORIZED. ACTS OF THE LEGISLATURES OF THE STATES OF NEW YORK AND NEW JERSEY AND OF CONGRESS APPROVING OF THE COMPREHENSIVE PLAN FOR THE DEVELOPMENT OF THE PORT OF NEW YORK AND CONTAINING GRANTS OF POWER AND AUTHORITY TO THE PORT OF NEW YORK AUTHORITY TO EFFECTUATE THE COMPREHENSIVE PLAN. EMPOWERING ACTS OF NEW YORK AND NEW JERSEY AUTHORIZING SELECTION OF COMMISSIONERS. ACT AUTHORIZING POWER OF SUBPOENA, ETC., ETC. ACTS AUTHORIZING BUILDING OF ARTHUR KILL AND KILL VON KULL BRIDGES, ACTS FOR FINANCING BUILDING OF ARTHUR KILL BRIDGES. ACTS AUTHORIZING BUILDING OF HUDSON RIVER BRIDGE. FEDERAL ACTS AUTHORIZING HUDSON RIVER, ARTHUR KILL AND KILL VON KULL BRIDGES. ACT AUTHORIZING ACQUISITION OF HOBOKEN SHORE LINE. i "%.4- ''I. I w. I -, I - I.:, ", I..; e, - — N Transportat8oa Library HE.5-+ A.s", " r INDEX. N I<~~~~~~~ ~~~PAGE The Compact.................................. 1 Acts of the Congress of the United States and of the Legislatures of New York and New Jersey under which the Compact was authorized and the Port of New York District and The Port of New York Authority created: New York................................. 14 New Jersey............................... 28 Joint Resolution of Congress.................. 40 Acts of the Legislatures of New York and New Jersey and of Congress approving of the Comprehensive Plan: New York.................................. 42 New Jersey................................ 42 Joint Resolution of Congress.................. 53 Empowering Acts of New York and New Jersey authorizing selection of Commissioners: New York.................................. 62 New Jersey................................ 65 Act authorizing power of subpoena................ 69 Acts authorizing building of Arthur Kill Bridges: Perth Amboy-Tottenville-New York........ 77 "( it "t New Jersey........ 84 it it " t Federal Act...... 126 Howland Hook-Elizabeth-New York......... 95 it it it New Jersey........ 102 i( it "i Federal Act........ 126 Acts for financing building of Arthur Kill Bridges: New York.................................. 113 New Jersey............................. 120 ii PAGE Acts authorizing building of Hudson River Bridge: N ew Y ork.................................. 127 New Jersey................................ 134 Federal Act.............................. 140 Act authorizing building of Kill von Kull Bridge: N ew Jersey................................ 141 Federal Act............................... 146 New Jersey Act repealing certain sections of 1924 Act authorizing building of Perth Amboy-Tottenville Bridge.................................. 147 New Jersey Act repealing certain sections of 1924 Act authorizing building of Elizabeth-Howland Hook Bridge................................. 149 New Jersey Act supplementing 1924 Act authorizing building of Perth Amboy-Tottenville Bridge...... 148 New Jersey Act supplementing 1924 Act authorizing building of Elizabeth-Howland Hook Bridge...... 150 Act authorizing acquisition of HIoboken Shore Line.. 152 THE COMPACT BETWEEN THE STATES OF NEW YORK AND NEW JERSEY BY WHICH THE PORT OF NEW YORK DISTRICT AND THE PORT OF NEW YORK AUTHORITY, WITH CERTAIN POWERS, WERE CREATED. WHrEREAS, In the year eighteen hundred and thirty-four the states of New York and New Jersey did enter into an agreement fixing and determining the rights and obligations of the two states in and about the waters between the two states, especially in and about the bay of New York and the Hudson river; and W-EREAS, Since that time the commerce of the port of New York has greatly developed and increased and the territory in and around the port has become commercially one center or district; and WHEREAS, It is confidently believed that a better coordination of the terminal, transportation and other facilities of commerce in, about and through the port of New York, will result in great economies, benefiting the nation, as well as the states of New York and New Jersey; and WHEREAS, The future development of such terminal, transportation and other facilities of commerce will require the expenditure of large sums of money and the cordial co-operation of the states of New York and New Jersey in the encouragement of the investment of capital, and in the formulation and execution of the necessary physical plans; and WHEREAS, Such result can best be accomplished through the co-operation of the two states by and through a joint or common agency. 2' Now, therefore, The said states of New Jersey and New York do supplement and amend the existing agreement of eighteen hundred and thirty-four in the following respects: ARTICLE I. They agree to and pledge, each to the other, faithful co-operation in the future planning and development of the port of New York, holding in high trust for the benefit of the nation the special blessings and natural advantages thereof. ARTICLE II. To that end the two states do agree that there shall be created and they do hereby create a district to be known as the "Port of New York District" (for brevity hereinafter referred to as "The District") which shall embrace the territory bounded and described as follows: The district is included within the boundary lines located by connecting points of known latitude and longitude. The approximate courses and distances of the lines enclosing the district are recited in the description, but the district is determined by drawing lines through the points of known latitude and longitude. Beginning at a point A of latitude forty-one degrees and four minutes north and longitude seventy-three degrees and fifty-six minutes west, said point being about sixty-five hundredths of a mile west. of the westerly bank of the Hudson river and about two and one-tenth miles northwest of the pier at Piermont, in the county of Rockland, state of New York; thence due south one and fifteen-hundredths miles more or less to a point B of latitude forty-one degrees and three minutes north and longitude seventy-three degrees and fifty-six minutes west; said point being about one and 3 three-tenths miles northwest of the pier at Piermont, in the county of Rockland, state of New York; thence south fifty-six degrees and thirty-four minutes west six and twenty-six hundredths miles more or less to a point C of latitude forty-one degrees and no minutes north and longitude seventy-four degrees and two minutes west, said point being about seven-tenths of a mile north of the railroad station at Westwood, in the county of Bergen, state of New Jersey; thence south sixty-eight degrees and twenty-four minutes west nine and thirty-seven-hundredths miles more or less to a point D of latitude forty degrees and fifty-seven minutes north and longitude seventy-four degrees and twelve minutes west, said point being about three miles northwest of the business center of the city of Paterson, in the county of Passaic, state of New Jersey; thence south forty-seven degrees and seventeen minutes west eleven and eighty-seven-hundredths miles more or less to a point E of latitude forty degrees and fifty minutes north and longitude seventy-four degrees and twentytwo minutes west, said point being about four and fivetenths miles west of the borough of Caldwell, in the county of Morris, state of New Jersey; thence due south nine and twenty-hundredths miles more or less to a point F of latitude forty degrees and forty-two minutes north and longitude seventy-four degrees and twenty-two minutes west, said point being about one and two-tenths miles southwest of the passenger station of the Delaware, Lackawanna and Western railroad in the city of Summit, in the county of Union, state of New Jersey; thence south forty-two degrees and twenty-four minutes west, seven and seventy-eight-hundredths miles more or less to a point G of latitude forty degrees and thirty-seven minutes north and longitude seventy-four degrees and twenty-eight minutes west, said point being about two and two-tenths miles west of the business center of the city of Plainfield, in the county of Somerset, state of New Jersey; thence due south twelve and sixty-five-hundredths miles more or less on a line passing about one mile west of the business 4 center of the city of New Brunswick to a point H of latitude forty degrees and twenty-six minutes north and longitude seventy-four degrees and twenty-eight minutes west, said point being about four and five-tenths miles southwest of the city of New Brunswick, in the county of Middlesex, State of New Jersey; thence south seventy-seven degrees and forty-two minutes east ten and seventy-ninehundredths miles more or less to a point I of latitude forty degrees and twenty-four minutes north and longitude seventy-four degrees and sixteen minutes west, said point being about two miles southwest of the borough of Matawan, in the county of Middlesex, state of New Jersey; thence due east twenty-five and forty-eight-hundredths miles more or less, crossing the county of Monmouth, state of New Jersey, and passing about one and four-tenths miles south of the pier of the Central Railroad of New Jersey at Atlantic Highlands to a point J of latitude forty degrees and twenty-four minutes north and longitude seventy-three degrees and forty-seven minutes west, said point being in the Atlantic ocean; thence north eleven degrees fifty-eight minutes east twenty-one and sixteenhundredths miles more or less to a point K, said point being about five miles east of the passenger station of the Long Island railroad at Jamaica and about one and threetenths miles east of the boundary line of the city of New York, in the county of Nassau, state of New York; thence in a northeasterly direction passing about one-half mile west of New Hyde Park and about one and one-tenth miles east of the shore of Manhasset bay at Port Washington, crossing Long Island Sound to a point L, said point being the point of intersection of the boundary line between the states of New York and Connecticut and the meridian of seventy-three degrees, thirty-nine minutes and thirty seconds west longitude, said point being also about a mile northeast of the village of Port Chester; thence northwesterly along the boundary line between the states of New York and Connecticut to a point M, said point being the point of intersection between said boundary line be tween the states of New York and Connecticut and the parallel of forty-one degrees and four minutes north latitude, said point also being about four and five-tenths miles northeast of the business center of the city of White Plains; thence due west along said parallel, of forty-one degrees and four minutes north latitude, the line passing about two and one-half miles north of the business center of the city of White Plains and crossing the Hudson river to the point A, the place of beginning. The boundaries of said district may be changed from time to time by the action of the legislature of either state concurred in by the legislature of the other. ARTICLE III There is hereby created "The Port of New York Authority" (for brevity hereinafter referred to as the "Port Authority"), which shall be a body corporate and politic, having the powers and jurisdiction hereinafter enumerated, and such other and additional powers as shall be conferred upon it by the legislature of either state concurred in by the legislature of the other, or by act or acts of congress, as hereinafter provided. ARTICLE IV. The port authority shall consist of six commissionersthree resident voters from the state of New York, two of whom shall be resident voters of the city of New York, and three resident voters from the state of New Jersey, two of whom shall be resident voters within the New Jersey portion of the district, the New York members to be chosen by the state of New York and the New Jersey members by the state of New Jersey in the manner and for, the terms fixed and determined from time to time by the legislature of each state respectively, except as herein. provided. G Each commissioner may be removed or suspended from office as provided by the law of the state for which he shall be appointed. ARTICLE V. The commissioners shall, for the purpose of doing business, constitute a board and may adopt suitable by-laws for its management. ARTICLE VI. The port authority shall constitute a body, both corporate and politic, with full power and authority to purchase, construct, lease and/or operate any terminal or transportation facility within said district; and to, make charges for the use thereof; and for any of such purposes to own, hold, lease and/or operate real or personal property, to borrow money and secure the same by bonds or by mortgages upon any property held or to be held by it. No property now or hereafter vested in or held by either state, or by any county, city, borough, village, township or other municipality, shall be taken by the port authority, without the authority or consent of such state, county, city, borough, village, township or other municipality, nor shall anything herein impair or invalidate in any way any bonded indebtedness of such state, county, city, borough, village, township or other municipality, nor impair the provisions of law regulating the payment into sinking funds of revenues derived from municipal property, or dedicating the revenues derived from any municipal property to a specific purpose. The powers granted in this article shall not be exercised by the port authority until the legislatures of both states shall have approved of a comprehensive plan for the development of the port as hereinafter provided. 7 ARTICLE VII. The port authority shall have such additional powers and duties as may hereafter be delegated to or iilposed upon it from time to time by the action of the legislature of either state concurred in by the legislature of the other. Unless and until otherwise provided, it shall make an annual report to the legislature of both states, setting forth in detail the operations and transactions conducted by it pursuant to this agreement and any legislation thereunder. The port authority shall not pledge the credit of either state except by and with the authority of the legislature thereof. ARTICLE VIII. Unless and until otherwise provided, all laws now or hereafter vesting jurisdiction or control in the public service commission, or the public utilities commission, or like body, within each state respectively, shall apply to railroads and to any transportation, terminal or other facility owned, operated, leased or constructed by the port authority, with the same force and effect as if such railroad, or transportation, terminal or other facility were owned, leased, operated or constructed by a private corporation. ARTICLE IX. Nothing contained in this agreement shall impair the powers of any municipality to develop or improve port and terminal facilities. ARTICLE X. The legislatures of the two states, prior to the signing of this agreement, or thereafter as soon as may be prac 8 ticable, will adopt a plan or plans for the colmprehensive development of the port of New York. ARTICLE XI. The port authority shall from time to time make plans for the development of said district, supplementary to or amendatory of any plan theretofore adopted, and when such plans are duly approved by the legislatures of the two states, they shall be binding upon both states with the same force and effect as if incorporated in this agreement. ARTICLE XII. The port authority may from time to time make recommendations to the legislatures of the two states or to the congress of the United States, based upon study and analysis, for the better conduct of the commerce passing in and through the port of New York, the increase and improvement of transportation and terminal facilities therein, and the more economical and expeditious handling of such commerce. ARTICLE XIII. The port authority may petition any interstate commerce commission (or like body), public service commission, public utilities commission (or like body), or any other federal, municipal, state or local authority, administrative, judicial or legislative, having jurisdiction in the premises, after the adoption of the comprehensive plan as provided for in article X for the adoption and execution of any physical improvement, change in method, rate of transportation, system of handling freight, warehousing, docking, lightering or transfer of freight, which, in the 9 opinion of the port authority, may be designed to improve or better the handling of commerce in and through said district, or improve terminal and transportation facilities therein. It may intervene in any proceeding affecting the commerce of the port. ARTICLE XIV. The port authority shall elect from its number a chairman, vice-chairman, and may appoint such officers and employees as it may require for the performance of its duties, and shall fix and determine their qualifications and duties. ARTICLE XV. Unless and until the revenues from operations conducted by the port authority are adequate to meet all expendi-. tures, the legislatures of the two states shall appropriate, in equal amounts, annually, for the salaries, office and other administrative expenses, such sum or sums as shall be recommended by the port authority and approved by the governors of the two states, but each state obligates itself hereunder only to the extent of one hundred thousand dollars in any one year. ARTICLE XVI. Unless and until otherwise determined by the action of the legislatures of the two states, no action of the port authority shall be binding unless taken at a meeting at which at least two members from each state are present and unless four votes are cast therefor, two from each state. Each state reserves the right hereafter to provide by law for the exercise of a veto power by the governor 10 thereof over any action of any commissioner appointed therefrom. ARTICLE XVII. Unless and until otherwise determined by the action of the legislatures of the two states, the port authority shall not incur any obligations for salaries, office or other administrative expenses, within the provisions of article XV:, prior to the making of appropriations adequate to meet the same. ARTICLE XVIII. The port. authority is hereby authorized to make suitable rules and regulations not. inconsistent with the constitution of the United States or of either state, and subject to the exercise of the power of congress, for the improvement of the conduct of navigation and commerce, which, when concurred in or authorized by the legislatures of both states, shall be binding and effective upon all persons and corporations affected thereby. ARTICLE XIX. The two states shall provide penalties for violations of any order, rule or regulation of the port authority, and for the manner of enforcing the same. ARTICLE XX. The territorial or boundary lines established by the agreement. of eighteen hundred and thirty-four, or the jurisdiction of the two states established thereby, shall not be changed except as herein specifically modified. 11 ARTICLE XXI. Either state may by its legislature withdraw from this agreement in the event that a plan for the comlprehensive development of the port shall not have been adopted by both states on or prior to July first, nineteen hundred and twenty-three; and when such withdrawal shall have been communicated to the governor of the other state by the state so withdrawing, this agreement shall be thereby abrogated. ARTICLE XXII. Definitions. The following words as herein used shall have the following meaning: "Transportation facility" shall include railroads, steam or electric, motor truck or other street or highway vehicles, tunnels, bridges, boats, ferries, car-floats, lighters, tugs, floating elevators, barges, scows or harbor craft of any kind, air craft suitable for harbor service, and every kind of transportation facility now in use or hereafter designed for use for the transportation or carriage of persons or property. "Terminal facility" shall include wharves, piers, slips, ferries, docks, dry docks, bulkheads, dock-walls, basins, car-floats, floatbridges, grain or other storage elevators, warehouses, cold stcorage, tracks, yards, sheds, switches, connections, overhead appliances, and every kind of terminal or storage facility now in use or hereafter designed for use for the handling, storage, loading or unloading of freight at steamship, railroad or freight terminals. "Railroads" shall include railways, extensions thereof, tunnels, subways, bridges, elevated structures, tracks, poles, wires, conduits, power houses, substations, lines for the transmission of power, car-barns, shops, yards, sidings, turnouts, switches, stations and approaches thereto, cars and motive equipment. "Facility" shall include all works, buildings, structures, appliances and appurtenances neces 12 sary and convenient for the proper construction, equipment, maintenance and operation of such facility or facilities or any one or more of them. "Real property" shall include land under water, as well as uplands, and all property either now commonly or legally defined as real property or which may hereafter be so defined. "Personal property" shall include choses in action and all other property now commonly or legally defined as personal property or which may hereafter be so defined. "To lease" shall include to rent or to hire. "Rule or regulation," until and unless otherwise determined by the legislatures of both states, shall mean any rule or regulation not inconsistent with the constitution of the United States or of either state, and, subject to the exercise of the power of congress, for the improvement of the conduct of navigation and commerce within the district, and shall include charges, rates, rentals or tolls fixed or established by the port authority; and until otherwise determined as aforesaid, shall not include matters relating to harbor or river pollution. Wherever action by the legislature of either state is herein referred to, it shall mean an act of the legislature duly adopted in accordance with the provisions of the constitution of the state. Plural or singular. The singular wherever used herein shall include the plural. Consent, approval or recommendation of municipality; how given. Wherever herein the consent, approval or recommendation of a "municipality" is required, the word "municipality" shall be taken to include any city or incorporated village within the port district, and in addi. tion in the state of New Jersey any borough, town, township or any municipality governed by an improvement commission within the district. Such consent, approval or recommendation whenever required in the case of the city of New York shall be deemed to have been given or made whenever the board of estimate and apportionment of said city or any body hereafter succeeding to its duties shall by majority vote pass a resolution expressing such 13 consent, approval or recommendation; and in the case of any municipality now or hereafter governed by a commission, whenever the commission thereof shall by a majority vote pass such a resolution; and in all other cases whenever the body authorized to grant consent to the use of the streets or highways of such municipality shall by a majority vote pass such a resolution. IN WITNESS WHEREOF we have hereunto set our hands and seals under Chapter 154 of the Laws of 19'21 of the State of New York and Chapter 151 of the Laws of 1921 of the State of New Jersey, this thirtieth day of April, 1921. WILLIAM R. WILCOX (L. S.) EUGENIUS H. OUTERBRIDGE (L. S.) CHARLES D. NEWTON (L. S.) J. SPENCER SMITH (L. S.) DEWIrT VAN BUSKIRK (L. S.) FRANK R. FORD (L. S.) THOMAS F. MCCRAN (L. S.) IN THE PRESENCE OF: NATHAN L. MILLER WAmLTER E. EDGE ALFRED E. SMITH CHARLES S. WHITMAN WILLIAM M. CALDER LEWIS H. POUNDS CLARENCE E. CASE D. P. KINGSLEY IRVING T. BUSH ARTHUR. N. PIERSON JULIUS HEINRY COHEN in whose presence Messrs. Willcox, Outerbridge, Smith, Van Buskirk, Ford and McCran signed in the Great Hall of the Chamber of Commerce in the City of New York on the thirtieth day of April, 1921. Attorney General Newton being at that time absent from the City, he signed on the sixth day of May, 1921, at the Chamber, in the presence of: WIL~IAM LEARYY CHAS. T. GWYNNE 14 ACTS OF THE CONGRESS OF THE UNITED STATES AND OF THE LEGISLATURES OF NEW YORK AND NEW JERSEY UNDER WHICH THE COMPACT BETWEEN THE STATES OF NEW YORK AND NEW JERSEY WAS AUTHORIZED AND THE PORT OF NEW YORK DISTRICT AND THE PORT OF NEW YORK AUTHORITY CREATED. LAWS OF NEW YORK, 1921. CHAP. 154. AN ACT authorizing designated authorities in behalf of the state of New York to enter into an agreement or compact with designated authorities of the state of New Jersey for the creation of the "Port of New York District," the establishment of "The Port of New York Authority," and the defining of the powers and duties of such authority. Became a law April 2, 1921, with the approval of the Governor. Passed by a two-thirds vote. The Peolple of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. William R. Willcox, Eugenius H. Outerbridge and Murray Hulbert, or any two of them, commissioners heretofore appointed under chapter four hundred and twenty-six of the laws of nineteen hundred and seventeen of the state of New York, together with the attorneygeneral of the state of New York, are hereby authorized as commissioners upon the part of the state of New York to enter into, with the state of New Jersey, by and through the commissioners appointed or who may be appointed under or by virtue of a law of the legislature of the state of New Jersey, an agreement or compact in the form following, that is to say: 15 Whereas, In the year eighteen hundred and thirty-four, the states of New York and New Jersey did enter into an agreement fixing and determining the rights and obligations of the two states in and about the waters between the two states, especially in and about the bay of New York and the Hudson river; and Whereas, Since that time the commerce of the port of New York has greatly developed and increased and the territory in and around the port has becone commercially one center or district; and Whereas, it is confidently believed that a better co-ordination of the terminal, transportation and other facilities of commerce in, about and through the port of New York, will result in great economies, benefiting the nation, as well as the states of New York and New Jersey; and Whereas, The future development of such terminal, transportation and other facilities of commerce will require the expenditure of large sums of money and the cordial co-operation of the states of New York and New Jersey in the encouragement of the investment of capital, and in the formulation and execution of the necessary physical plans; and Whereas, Such result can best be accomplished through the co-operation of the two states by and through a joint or common agency. Now, therefore, The said states of New Jersey and New York do supplement and amend the existing agreement of eighteen hundred and thirty-four in the following respects: ARTICLE I. They agree to and pledge, each to the other, faithful co-operation in the future planning and development of 16 the port of New York, holding in high trust for the benefit of the nation the special blessings and natural advantages thereof. ARTICLE II. To that end the two states do agree that there shall be created and they do hereby create a district to be known as the "Port of New York District" (for brevity hereinafter referred to as "The District") which shall embrace the territory bounded and described as follows: The district is included within the boundary lines located by connecting points of known latitude and longitude. The approximate courses and distances of the lines enclosing the district are recited in the description, but the district is determined by drawing lines through the points of known latitude and longitude. Beginning at a point A of latitude forty-one degrees and four minutes north and longitude seventy-three degrees and fifty-six minutes west, said point being about sixty-five-hundredths of a mile west of the westerly bank of the Hudson river and about two and one-tenth miles northwest of the pier at Piermont, in the county of Rockland, state of New York; thence due south one and fifteen-hundredths miles more or less to a point B of latitude forty-one degrees and three minutes north and longitude seventy-three degrees and fifty-six minutes west; said point being about one and three-tenths miles northwest of the pier at Piermont, in the county of Rockland, state of New York; thence south fifty-six degrees and thirty-four minutes west six and twenty-six-hundredths miles more or less to' a point C of latitude forty-one degrees and no minutes north and longitude seventy-four degrees and two minutes west, said point being about seven-tenths of a mile north of the railroad station at Westwood, in the county of Bergen, state of New Jersey; thence south sixty-eight degrees and twentyfour minutes west nine and thirty-seven-hundredths miles 17 more or less to a point D of latitude forty degrees and fifty-seven minutes north and longitude seventy-four degrees alnd twelve minutes west, said point being about three miles northwest of the business center of the city of Paterson, in the county of Passaic, state of New Jersey; thence south forty-seven degrees and seventeen minutes west eleven and eighty-seven-hundredths miles more or less to a point E of latitude forty degrees and fifty minutes north and longitude seventy-four degrees and twenty-two minutes west, said point being about four and five-tenths miles west of the borough of Caldwell, in the county of Morris, state of New Jersey; thence due south nine and twenty-hundredths miles more or less to a point F of latitude forty degrees and forty-two minutes north and longitude seventy-four degrees and twenty-two minutes west, said point being about one and two-tenths miles southwest of the passenger station of the Delaware, Lackawanna and Western railroad in the city of Summit, in the county of Union, state of New Jersey; thence south forty-two degrees and twenty-four minutes west, seven and seventyeight-hundredths miles more or less to a point G of latitude forty degrees and thirty-seven minutes north and longitude seventy-four degrees and twenty-eight minutes west, said point being about two and two-tenths miles west of the business center of the city of Plainfield, in the county of Somerset, state of New Jersey; thence due south twelve and sixty-five-hundredths miles more or less on a line passing about one mile west of the business center of the city of New Brunswick to a point H of latitude forty degrees and twenty-six minutes north and longitude seventy-four degrees and twenty-eight minutes west, said point being about four and five-tenths miles southwest of the city of New Brunswick, in the county of Middlesex state of New Jersey; thence south seventy-seven degrees and forty-two minutes east ten and seventy-nine-hundredths miles more or less to a, point I of latitude forty degrees and twenty-four minutes north and longitude seventy-four degrees and sixteen minutes west, said point 18 being about two miles southwest of the borough of Matawan, in the county of Middlesex, state of New Jersey; thence due east twenty-five and forty-eight-hundredths miles more or less, crossing the county of Monmouth, state of New Jersey, and passing about one and four-tenths miles south of the pier of the Central Railroad of New Jersey at Atlantic Highlands to a point J of latitude forty degrees and twenty-four minutes north and longitude seventy-three degrees and forty-seven minutes west, said point being in the Atlantic ocean; thence north eleven degrees fifty-eight minutes east, twenty-one and sixteenhundredths miles more or less to a point K, said point being about five miles east of the passenger station of the Long Island railroad at Jamaica and about one and threetenths miles east of the boundary line of the city of New York, in the county of Nassau, state of New York; thence in a northeasterly direction passing about one-half mile west of New Hyde Park and about one and one-tenth miles east of the shore of Manhasset bay at Port Washington, crossing Long Island sound to a point L, said point being the point of intersection of the boundary line between the states of New York and Connecticut and the meridian of seventy-three degrees, thirty-nine minutes and thirty seconds west longitude, said point being also about a mile northeast of the village of Port Chester; thence northwesterly along the boundary line between the states of New York and Connecticut to a point. M, said point. being the point of intersection between said boundary line between the states of New York and Connecticut and the parallel of forty-one degrees and four minutes north latitude, said point also being about four and five-tenths miles northeast of the business center of the city of White Plains; thence due west along said parallel, of forty-one degrees and four minutes north latitude, the line passing about two and one-half miles north of the business center of the city of White Plains and crossing the Hudson river to the point A, the place of beginning. 19 The boundaries of said district may be chalnged from time to time by the action of the legislature of either state concurred in by the legislature of the other. ARTICLE III. There is hereby created "The Port of New York Authority" (for brevity hereinafter referred to as the "Port Authority"), which shall be a body corporate and politic, having the powers and jurisdiction hereinafter enumerated, and such other and additional powers as shall be conferred upon it by the legislature of either state concurred in by the legislature of the other, or by act or acts of congress, as hereinafter provided. ARTICLE IV. The port authority shall consist of six commissionersthree resident voters from the state of New York, two of whom shall be resident voters of the city of New York, and three resident voters from the state of New Jersey, two of whom shall be resident voters within the New Jersey portion of the district, the New York members to be chosen by the state of New York and the New Jersey members by the state of New Jersey, in the manner and for the terms fixed and determined from time to time by the legislature of each state respectively, except as herein provided. Each commissioner may be removed or suspended from office as provided by the law of the state for which he shall be appointed. ARTICLE V. The commissioners shall, for the purpose of doing business, constitute a board and may adopt suitable by-laws for its management. 20 ARTICLE VI. The port authority shall constitute a body, both corporate and politic, with full power and authority to purchase, construct, lease and/or operate any terminal or transportation facility within said district; and to make charges for the use thereof; and for any of such purposes to, own, hold, lease and/or operate real or personal property, to borrow money and secure the same by bonds or by mortgages upon any property held or to be held by it. No property now or hereafter vested in or held by either' state, or by any county, city, borough, village, township or other municipality, shall be taken by the port authority, without the authority or consent of such state, county, city, borough, village, township or other municipality, nor shall anything herein impair or invalidate in any way any bonded indebtedness of such state, county, city, borough, village, township or other municipality, nor impair the provisions of law regulating the payment into sinking funds of revenues derived from municipal property, or dedicating the revenues derived from any municipal property to a specific purpose. The powers granted in this article shall not be exercised by the port authority until the legislatures of both states shall have approved of a comprehensive plan for the development of the port as hereinafter provided. ARTICLE VII. The port authority shall have such additional powers and duties as may hereafter be delegated to or imposed upon it from time to time by the action of the legislature of either state concurred in by the legislature olf the other. Unless and until otherwise provided, it shall make an annual report to the legislature of both states, setting forth in detail the operations and transactions conducted by it pursuant to this agreement and any legislation thereunder. The port authority shall not pledge the credit of either 21 state except by and with the authority of the legislature thereof. ARTICLE VIII. Unless and until otherwise provided, all laws now or hereafter vesting jurisdiction or control in the public service commission, or the public utilities commission, or like body, within each state respectively, shall apply to railroads and to any transportation, terminal or other facility owned, operated, leased or constructed by the port authority, with the same force and effect as if such railroad, or transportation, terminal or other facility were owned, leased, operated or constructed by a private corporation. ARTICLE IX. Nothing contained in this agreement shall impair the powers of any municipality to develop or improve port and terminal facilities. ARTICLE X. The legislatures of the two states, prior to the signing of this agreement, or thereafter as soon as may be practicable, will adopt a plan or plans for the comprehensive development of the port of New York. ARTICLE XI. The port authority shall from time to time make plans for the development of said district, supplementary to or amendatory of any plan theretofore adopted, and when such plans are duly approved by the legislatures of the two states, they shall be binding upon both states with the same force and effect as if incorporated in this agreement. ARTICLE XII. The port authority may from time to time make recommendations to the legislatures of the two states or to the congress of the United States, based upon study and analysis, for the better conduct of the commerce passing in and through the port of New York, the increase and improvement of transportation and terminal facilities therein, and the more economical and expeditious handling of such commerce. ARTICLE XIII. The port authority may petition any interstate commerce commission (or like body), public service commission, public utilities commission (or like body), or any other federal, municipal, state or local authority, administrative, judicial or legislative, having jurisdiction in the premises, after the adoption of the comprehensive plan as provided for in article ten, for the adoption and execution of any physical improvement, change in method, rate of transportation, system of handling freight, warehousing, docking, lightering or transfer of freight, which, in the opinion of the port authority, may be designed to improve or better the handling of commerce in and through said district, or improve terminal and transportation facilities therein. It. may intervene in any proceeding affecting the commerce of the port. ARTICLE XIV. The port authority shall elect from its number a chairman, vice-chairman, and may appoint such officers and employees as it may require for the performance of its duties, and shall fix and determine their qualifications and duties. ARTICLE XV. Unless and until the revenues from operations conducted by the port authority are adequate to meet all expendi 23 tures, the legislatures of the two states shall appropriate, in equal amounts, annually, for the salaries, office and other administrative expenses, such sum or sums as shall be. recommended by the port authority and approved by the governors of the two states, but each state obligates itself hereunder only to the extent of one hundred thousand dollars in any one year. ARTICLE XVI. Unless and until otherwise determined by the action of the legislatures of the two states, no action of the port authority shall be binding unless taken at a meeting at which at least two members from each state are present and unless four votes are cast therefor, two from each state. Each state reserves the right hereafter to provide by law for the exercise of a veto power by the governor thereof over any action of any commissioner appointed therefrom. ARTICLE XVII. Unless and until otherwise determined by the action of the legislatures of the two states, the port authority shall not incur any obligations for salaries, office or other administrative expenses, within the provisions of article fifteen, prior to the making of appropriations adequate to meet the same. ARTICLE XVIII. The port authority is hereby authorized to make suitable rules and regulations not inconsistent with the constitution of the United States or of either state, and subject to the exercise of the power of congress, for the improvement of the conduct of navigation and commerce, which, when concurred in or authorized by the legislatures 24 of both states, shall be binding and effective upon all persons and corporations affected thereby. ARTICLE XIX. The two states shall provide penalties for violations of any order, rule or regulation of the port authority, and for the manner of enforcing the same. ARTICLE XX. The territorial or boundary lines established by the agreement of eighteen hundred and thirty-four, or the jurisdiction of the two states established thereby, shall not be changed except as herein specifically modified. ARTICLE XXI. Either state may by its legislature withdraw from this agreement in the event that a plan for the comprehensive development of the port shall not have been adopted by both states on or prior to July first, nineteen hundred and twenty-three; and when such withdrawal shall have been communicated to the governor of the other state by the state so withdrawing, this agreement shall be thereby abrogated. ARTICLE XXII. Definitions. The following words as herein used shall have the following meaning: "Transportation facility" shall include railroads, steam or electric, motor truck or other street or highway vehicles, tunnels, bridges, boats, ferries, car-floats, lighters, tugs, floating elevators, barges, scows or harbor craft of any kind, air craft suitable for harbor service, and every kind of transportation facility now in use or hereafter designed for use for the transpor 25 tation or carriage of persons or property. "Terminal facility" shall include wharves, piers, slips, ferries, docks, dry docks, bulkheads, dock-walls, basins, car-floats, floatbridges, grain or other storage elevators, warehouses, cold storage, tracks, yards, sheds, switches, connections, overhead appliances, and every kind of terminal or storage facility now in use or hereafter designed for use for the handling, storage, loading or unloading of freight at steamship, railroad or freight terminals. "Railroads" shall include railways, extensions thereof, tunnels, subways, bridges, elevated structures, tracks, poles, wires, conduits, power houses, substations, lines for the transmission of power, car-barns, shops, yards, sidings, turn-outs, switches, stations and approaches thereto, cars and motive equipment. "Facility" shall include all works, buildings, structures, appliances and appurtenances necessary and convenient for the proper construction, equipment, maintenance and operation of such facility or facilities or any one or more of them. "Real property" shall include land under water, as well as uplands, and all property either now commonly or legally defined as real property or which may hereafter be so defined. "Personal property" shall include choses in action and all other property now commonly or legally defined as personal property or which may hereafter be so defined. "To lease" shall include to rent or to hire. "Rule or regulation," until and unless otherwise determined by the legislatures of both states, shall mean any rule or regulation not inconsistent with the constitution of the United States or of either state, and, subject to the exercise of the power of congress, for the improvement of the conduct of navigation and commerce within the district, and shall include charges, rates, rentals or tolls fixed or established by the port authority; and until otherwise determined as aforesaid, shall not include matters relating to harbor or river pollution. Wherever action by the legislature of either state is herein referred to, it shall mean an act of the legislature duly 26 adopted in accordance with the provisions of the constitution of the state. Plural or singular. The singular wherever used herein shall include the plural. Consent, approval or recommendation of municipality; how given. Wherever herein the consent, approval or recommendation of a "municipality" is required, the word "municipality" shall be taken to include any city or incorporated village within the port district, and in addition in the state of New Jersey any borough, town, township or any municipality governed by an improvement commission within the district. Such consent, approval or recommendation whenever required in the case of the city of New York shall be deemed to have been given or made whenever the board of estimate and apportionment of said city or any body hereafter succeeding to its duties shall by a majority vote pass a resolution expressing such consent, approval or recommendation; and in the case of any municipality now or hereafter governed by a commission, whenever the commission thereof shall by majority vote pass such a resolution; and in all other cases whenever the body authorized to grant consent to the use of the streets or highways of such municipality shall by a majority vote pass such a resolution. ~ 2. The said agreement or compact, when signed and sealed by the commissioners of each state as hereinbefore provided, and the attorney-general of the state of New York, and the attorney-general of the state of New Jersey if he be designated so to act by the state of New Jersey, shall become binding upon the state of New York, and shall be filed in the office of the secretary of state of the state of New York. ~ 3. If by death, resignation or otherwise, a vacancy occurs among those appointed hereunder by the state of New York, the governor is hereby authorized to fill the same. 27 ~ 4. The said commissioners, together with the commissioners appointed from the state of New Jersey, shall have power to apply to the congress of the United States for its consent and approval of the agreement or compact signed by them; but in the absence of such consent of congress and until the same shall have been secured, the said agreement or compact shall be binding upon the state of New York in all respects permitted by law for the two states of New York and New Jersey without the consent of congress to co-operate, for the purposes enumerated in said agreement or compact, and in the manner provided therein. ~ 5. This act shall take effect immediately. 28 LAWS OF NEW JERSEY, 1921. CHAP. 151 AN ACT to authorize a commission to enter into a compact or agreement with the State of New York for the development of the port of New York. BB IT ENACTED by the Senate and General Assembly of the State of New Jersey: 1. J. Spencer Smith, De Witt Van Buskirk and Frank R. Ford, or any two of them, commissioners heretofore appointed under chapter 130 of the Laws of 1917, of the State of New Jersey, together with the Attorney-General of the State of New Jersey, are hereby authorized as commissioners upon the part of the State of New Jersey to enter into, with the State of New York, by and through the commissioners appointed or who may be appointed under or by virtue of a law of the Legislature of the State of New York, an agreement or compact in the form following, that is to say: WHEREAS, In the year 1834 the States of New York and New Jersey did enter into an agreement fixing and determining the rights and obligations of the two States in and about the waters between the two States, especially in and about the bay of New York and the Hudson river; and WHEREAS, Since that time the commerce of the port of New York has greatly developed and increased and the territory in and around the port has become commercially one center or district; and WHEREAS, It is confidently believed that a better coordination of the terminal, transportation and other facilities of commerce in, about and through the port of New York, will result in great economies, benefiting the Nation, as well as the States of New York and New Jersey; and WHEREAS, The future development of such terlinlal, transportation and other facilities of commerce will require the expenditure of large sums of money, and the cordial co-operation of the States of New York and New Jersey in the encouragement of the investment of capital, and in the formulation and execution of the necessary physical plans; and 7IWHEREAS, Such result can best be accomplished through the co-operation of the two States by and through a joint or common agency. Now, Therefore, The said States of New Jersey and New York do supplement and amend the existing agreement of 1834 in the following respects: ARTICLE I. They agree to and pledge, each to the other, faithful co-operation in the future planning and development of the port of New York, holding in high trust for the benefit of the Nation the special blessings and natural advantages thereof. ARTICLE II. To that end the two States do agree that there shall be created and they do hereby create a district to be known as the "Port of New York District" (for brevity hereinafter referred to as "The District") which shall embrace the territory bounded and described as follows: The District is included within the boundary lines located by connecting points of known latitude and longitude. The approximate courses and distances of the lines enclosing The District are recited in the description, but The District is determined by drawing lines through the points of known latitude and longitude. Beginning at. a point A of latitude forty-one degrees and four minutes north and longitude seventy-three degrees and fifty-six minutes west, said point being about sixty-five-hundredths of a mile west of the westerly bank of the Hudson river and about two and one-tenth miles northwest of the pier 30 at Piermont, in the county of Rockland, State of New York; thence due south one and fifteen hundredths miles more or less to a point B of latitude forty-one degrees and three minutes north and longitude seventy-three degrees and fifty-six minutes west; said point being about one and three-tenths miles northwest of the pier at Pierimont, in the county of Rockland, State of New York; thence south fifty-six degrees and thirty-four minutes west six and twenty-six hundredths miles more or less to a point C of latitude forty-one degrees and no minutes north and longitude seventy-four degrees and two minutes west, said point being about seven-tenths of a mile north of the railroad station at Westwood, in the county of Bergen, State of New Jersey; thence south sixty-eight degrees and twentyfour minutes west nine and thirty-seven hundredths miles more or less to a point D of latitude forty degrees and fifty-seven minutes north and longitude seventy-four degrees and twelve minutes west, said point* about three miles northwest of the business center of the city of Paterson, in the county of Passaic, State of New Jersey; thence south forty-seven degrees and seventeen minutes west eleven and eighty-seven hundredths miles more or less to a point E of latitude forty degrees and fifty mninutes north and longitude seventy-four degrees and twentytwo minutes west, said point being about four and fivetenths miles west of the borough of Caldwell, in the county of Morris, State of New Jersey; thence, due south nine and twenty hundredths miles more or less to a point F of latitude forty degrees and forty-two minutes north and longitude seventy-four degrees and twenty-two minutes west, said point being about one and two-tenths miles southwest of the passenger station of the Delaware, Lackawanna and Western Railroad in the city of Summit, in the county of Union, State of New Jersey; thence south forty-two degrees and twenty-four minutes west, seven and seventy-eight hundredths miles more or less to a point G *The word "being" was evidently inadvertently omitted here. 31 of latitude forty degrees and thirty-seven minutes north and longitude seventy-four degrees and twenty-eight minutes west, said point being about two and two-tenths miles west of the business center of the city of Plainfield, in the county of Somerset, State of New Jersey; thence due south twelve and sixty-five hundredths miles more or less on a line passing about one mile west of the business center of the city of New Brunswick to a point H of latitude forty degrees and twenty-six minutes north and longitude seventy-four degrees and twenty-eight minutes west, said p)oint being about four and five-tenths miles southwest of the city of New Brunswick, in the county of Middlesex, State of New Jersey; thence south seventy-seven degrees and forty-two minutes east ten and seventy-nine hundredths miles more or less to a point I of latitude forty degrees and twenty-four minutes north and longitude seventy-four degrees and sixteen minutes west, said point being about two miles southwest of the borough of Matawan, in the county of Middlesex, State of New Jersey; thence due east twenty-five and forty-eight hundredths miles more or' less, crossing the county of Monmouth,- State of New Jersey, and passing about one and four-tenths miles south of the pier of the Central Railroad of New Jersey at Atlantic Highlands to a point J of latitude forty degrees and twenty-four minutes north and longitude seventy-three degrees and forty-seven minutes west, said point being in the Atlantic ocean; thence north eleven degrees fifty-eight minutes east twenty-one and sixteen hundredths miles more or less to a point. K, said point being about five miles east of the passenger station of the Long Island Railroad at Jamaica and about one and three-tenths miles east of the boundary line of the city of New York, in the county of Nassau, State of New York; thence in a. northeasterly direction, passing about one-half mile west of New Hyde Park and about one and one-tenth miles east of the shore of Manhasset bay at Port Washington, crossing Long Island sound to a. point L, said point being the point of intersection of the boundary line between the States of 32 New York and Connecticut and the meridian of seventythree degrees thirty-nine minutes and thirty seconds west longitude, said point being also about a mile northeast of the village of Port Chester; thence northwesterly along the boundary line between the States of New York and Connecticut to a point M, said point being the point of intersection between said boundary line between the States of New York and Connecticut and the parallel of fortyone degrees and four minutes north latitude, said point also being about four and five-tenths miles northeast of the business center of the city of White Plains; thence due west along said parallel, of forty-one degrees and four minutes north latitude, the line passing about two and one-half miles north of the business center of the city of White Plains and crossing the Hudson river to the point A, the place of beginning. The boundaries of said district may be changed from time to time by the action of the Legislature of either State concurred in by the Legislature of the other. ARTICLE III. There is hereby created "The Port of New York Authority," (for brevity hereinafter referred to as the "Port Authority"), which shall be a body corporate and politic, having the powers and jurisdiction hereinafter enumerated, and such other and additional powers as shall be conferred upon it by the Legislature of either State concurred in by the Legislature of the other, or by Act. or Acts of Congress, as hereinafter provided. ARTICLE IV. The Port Authority shall consist of six comnmissioners-three resident voters from the State of New York, two of whom shall be resident voters of the City of New York, and three resident voters from the State of New Jersey, two of whom shall be resident voters within the New Jersey portion of the district, the New York members to be chosen by the State of New York and the New Jersey members by the State of New Jersey, in the manner and for the terms fixed and determined from 33 time to time by the Legislature of each State respectively, except as herein provided. Each commissioner may be removed or suspended from office as provided by the law of the State for which he shall be appointed. ARTICLE V. The Commissioners shall, for the purpose of doing business, constitute a board and may adopt suitable by-laws for its management. ARTICLE VI. The Port Authority shall constitute a body, both corporate and politic, with full power and authority to purchase, construct, lease and/or operate any terminal or transportation facility within said district; and to make charges for the use thereof; and for any of such purposes to own, hold, lease and/or operate real or personal property, to borrow money and secure the same by bonds or by mortgages upon any property held or to be held by it. No property now or hereafter vested in or held by either State, or by any county, city, borough, village, township or other municipality, shall be taken by the Port Authority, without the authority or consent of such State, county, city, borough, village, township or other municipality, nor shall anything herein impair or invalidate in any way any bonded indebtedness of such State, county, city, borough, village, township or other municipality, nor impair the provisions of law regulating the payment into sinking funds of revenues derived from municipal property, or dedicating the revenues derived from any municipal property to a specific purpose. The powers granted in this article shall not be exercised by the Port Authority until the Legislatures of both States shall have approved of a comprehensive plan for the development of the port as hereinafter provided. ARTICLE VII. The Port Authority shall have such additional powers and duties as may hereafter be delegated to or imposed upon it from time to time by the action of 34 the Legislature of either State concurred in by the Legislature of the other. Unless and until otherwise provided, it shall make an annual report to the Legislature of both States, setting forth in detail the operations and transactions conducted by it pursuant to this agreement and any legislation thereunder. The Port Authority shall not pledge the credit of either State except by and with the authority of the Legislature thereof. ARTICLE VIII. Unless and until otherwise provided, all laws now or hereafter vesting jurisdiction or control in the Public Service Commlission, or the Public Utilities Commission, or like body, within each State respectively, shall apply to railroads and to any transportation, terminal or other facility owned, operated, leased or constructed by the Port Authority, with the same force and effect as if such railroad, or transportation, terminal or other facility were owned, leased, operated or constructed by a private corporation. ARTICLE IX. Nothing contained in this agreement shall impair the powers of any municipality to develop or improve port and terminal facilities. ARTICLE X. The Legislatures of the two States, prior to the signing of this agreement, or thereafter as soon as may be practicable, will adopt a plan or plans for the comprehensive development of the port of New York. ARTICLE XI. The Port Authority shall from time to time make plans for the development of said district, supplementary to or amendatory of any plan theretofore adopted, and when such plans are duly approved by the Legislatures of the two States, they shall be binding upon both States with the same force and effect as if incorporated in this agreement. ARTICLE XII. The Port Authority may from time to time make recommendations to the Legislatures of the two States or to the Congress of the United States, based upon study and analysis, for the better conduct of the commerce passing in and through the port of New York, the increase and improvement of transportation and terminal facilities therein, and the more economical and expeditious handling of such commerce. ARTICLE XIII. The Port Authority may petition any interstate commerce commission (or like body), public service commission, public utilities commission (or like body), or any other federal, municipal, State or local authority, administrative, judicial or legislative, having jurisdiction in the premises, after, the adoption of the comprehensive plan as provided for in Article X for the adoption and execution of any physical improvement, change in method, rate of transportation, system of handling freight, warehousing, docking, lightering or transfer of freight, which, in the opinion of the Port Authority, may be designed to improve or better the handling of commerce in and through said district, or improve terminal and transportation facilities therein. It may intervene in any proceeding affecting the commerce of the port. ARTICLE XIV. The Port Authority shall elect from its number a chairman, vice chairman, and may appoint such officers and employees as it may require for the performance of its duties, and shall fix and determine their qualifications and duties. ARTICLE XV. Unless and until the revenues from operations conducted by the Port Authority are adequate to meet all expenditures, the Legislatures of the two States shall appropriate, in equal amounts, annually, for the salaries, office and other administrative expenses, such sum or sunms as shall be recommended by the Port Authority and approved by the Governors of the two States, but each State obligates itself hereunder only t t the extent of one hundred thousand dollars in any one year. 36 ARTICLE XVI. Unless and until otherwise determined by the action of the Legislatures of the two States, no action of the Port Authority shall be binding unless taken at a meeting at which at least two members from each State are present and unless four votes are cast therefor, two from each State. Each State reserves the right hereafter to provide by law for the exercise of a veto power by the Governor thereof over any action of any commissioner appointed therefrom. ARTICLE XVII. Unless and until otherwise determined by the action of the Legislatures of the two States, the Port Authority shall not incur any obligations for salaries, office or other administrative expenses, within the provisions of Article XV, prior to the making of appropriations adequate to meet the same. ARTICLE XVIII. The Port Authority is hereby authorized to make suitable rules and regulations not inconsistent with the Constitution of the United States or of either State, and subject to the exercise of the power of Congress, for the improvement of the conduct of navigation and commerce, which, when concurred in or authorized by the Legislatures of both States, shall be binding and effective upon all persons and corporations affected thereby. ARTICLE XIX. The two States shall provide penalties for violations of any order, rule or regulation of the Port Authority, and for the manner of enforcing the same. ARTICLE XX. The territorial or boundary lines established by the agreement of 1834, or the jurisdiction of the two States established thereby, shall not be changed except as herein specifically modified. ARTICLE XXI. Either State may by its Legislature withdraw from this agreement in the event that a plan for the comprehensive development of the port shall not 37 have been adopted by both States on or prior to July 1, 1923; and when such withdrawal shall have been conmlunicated to the Governor of the other State by the State so withdrawing, this agreement shall be thereby abrogated. ARTICILEt XXII. Definitions.-The following words as herein used shall have the following meaning: "Transport:tion facility" shall include railroads, steam or electric, motor truck or other street or highway vehicles, tunnels, bridges, boats, ferries, car-floats, lighters, tugs, floating elevators, barges, scows or harbor craft of any kind, aircraft suitable for harbor service, and every kind of transportation facility now in use or hereafter designed for use for the transportation or carriage of persons or property. "Terminal facility" shall include wharves, piers, slips, ferries, docks, dry docks, bulkheads, dock-walls, basins, car-floats, float-bridges, grain or other storage elevators, warehouses, cold storage, tracks, yards, sheds, switches, connections, overhead appliances, and every kind of terminal or storage facility now in use or hereafter designed for use for the handling, storage, loading or unloading of freight at steamship, railroad or freight terminals. "Railroads" shall include railways, extensions thereof, tunnels, subways, bridges, elevated structures, tracks, poles, wires, conduits, power houses, substations, lines for the transmission of power, car-barns, shops, yards, sidings, turnouts, switches, stations and approaches thereto, cars and motive equipment. "Facility" shall include all works, buildings, structures, appliances and appurtenances necessary and convenient for the proper construction, equipment, maintenance and operation of such facility or facilities or any one or more of them. "Real Property" shall include land under water, as well as uplands, and all property either now commonly or legally defined as real property or which may hereafter be so defined. "Personal property" shall include choses in action and all other property now commonly or legally defined as personal property or which may hereafter be so defined. "To lease" 38 shall include to rent or to hlire. "Rule or regulation," until and unless otherwise determined by the Legislatures of both States, shall mean any rule or regulation not inconsistent with the Constitution of the United States or of either State, and, subject to the exercise of the power of Congress, for the improvement of the conduct of navigation and commerce within the district, and shall include charges, rates, rentals or tolls fixed or established by the Port Authority; and until otherwise determined as aforesaid, shall not include matters relating to harbor or river pollution. Wherever action by the Legislature of either State is herein referred to, it shall mean an act of the Legislature duly adopted in accordance with the provisions of the Constitution of the State. Plural or singular. The singular wherever used herein shall include the plural. Consent, approval or recommendation of municipalityHow given. Wherever herein the consent, approval or recommendation of a "municipality" is required, the word "municipality" shall be taken to include any city or incorporated village within the Port District, and in addition in the State of New Jersey any borough, town, township or any municipality governed by an Improvement Commission within the District. Such consent, approval or recommendation whenever required in the case of the City of New York shall be deemed to have been given or made whenever the Board of Estimate and Apportionment of said city or any body hereafter succeeding to its duties shall by majority vote pass a resolution expressing such consent, approval or recommendation; and in the case of any municipality now or hereafter governed by a commission, whenever the commission thereof shall by a majority vote pass such a resolution; and in all other cases whenever the body authorized to grant consent to the use of the streets or highways of such municipality shall by a majority vote pass such a resolution. 39 2. The said agreement or compact, when signed and sealed by the commissioners of each State as hereinbefore provided, and the Attorney-General of the State of New Jersey, and the Attorney-General of the State of New York, if he be designated so to act by the State of New York, shall become binding upon the State of New Jersey, and shall be filed in the office of the Secretary of State of the State of New Jersey. 3. If by death, resignation or otherwise, a vacancy occurs among those appointed hereunder by the State of New Jersey, the Governor is hereby authorized to fill the same. 4. The said commissioners, together with the commissioners appointed from the State of New York, shall have power to apply to the Congress of the United States for its consent and approval of the agreement or compact signed by them; but in the absence of such consent of Congress and until the same shall have been secured, the said agreement or compact shall be binding upon the State of New Jersey in all respects permitted by law for the two States of New York and New Jersey without the consent of Congress to co-operate, for the purposes enumerated in said agreement or compact, and in the manner provided therein. 5. This act shall take effect immediately. Passed April 7, 1921. 40 Public Resolution No. 17-67th Congress [S. J. Res. 88] JOINT RESOLUTION Granting consent of Congress to an agreement or compact entered into between the State of New York and the State of New Jersey for the creation of the Port of New York District and the establishment of the Port of New York Authority for the comprehensive development of the port of New York. Whereas commissioners duly appointed on the part of the State of New York and commissioners duly appointed on the part of the State of New Jersey for the creation of the Port of New York District and the establishment of the Port of New York Authority for the comprehensive development of the port of New York, pursuant to chapter 154, Laws of New York, 1921, and chapter 151, Laws of New Jersey, 1921, have executed certain articles, which are contained in the following, namely: Whereas in the year 1834 the States of New York and New Jersey did enter into an agreement fixing and determining the rights and obligations of the two States in and about the waters between the two States, especially in and about the bay of New York and the Hudson River; and Whereas since that time the commerce of the port of New York has greatly developed and increased and the territory in and around the port has become commercially one center or district; and Whereas it is confidently believed that a better coordination of the terminal, transportation, and other facilities of commerce in, about, and through the port of New York will result in great economies, benefiting the Nation as well as the States of New York and New Jersey; and 41 Whereas the future development of such terminal, transportation, and other facilities of commerce will require the expenditure of large sums of money and the cordial cooperation of the States of New York and New Jersey in the encouragement of the investment of capital and in the formulation and execution of the necessary physical plans; and Whereas such result can best be accomplished through the cooperation of the two States by and through a joint or common agency: Now, therefore, The said States of New Jersey and New York do supplement and amend the existing agreement of 1834 in the following respects: [Here follows the text of the treaty as appears at pages 1 to 13.] And Whereas the said agreement has been signed and sealed by the commissioners of each State, and has thereby become binding on the two States as provided in the aforesaid acts: Therefore be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the consent of Congress is hereby given to the said agreement, and to each and every part and article thereof: Provide!d, That nothing therein contained shall be construed as impairing or in any manner affecting any right or jurisdiction of the United States in and over the region which forms the subject of said agreement. SEC. 2. That the right to alter, amend, or repeal this resolution is hereby expressly reserved. Approved, August 23, 1921. 42 ACTS OF THE LEGISLATURES OF THE STATES OF NEW YORK AND NEW JERSEY AND OF CONGRESS APPROVING OF THE COMPREHENSIVE PLAN FOR THE DEVELOPMENT OF THE PORT OF NEW YORK AND CONTAINING GRANTS OF POWER AND AUTHORITY TO THE PORT OF NEW YORK AUTHORITY TO EFFECTUATE THE COMPREHENSIVE PLAN. LAws OF NEW YORK, 1922 CHAPTER 43 AN ACT by which the state of New York agrees with the state of New Jersey upon the comprehensive plan for the development of the port of New York, pursuant to the compact authorized by the two states and signed April thirtieth, nineteen hundred and twenty-one, and consented to and approved by congress and the president of the United S t a t e s, August twentythree, nineteen hundred and twenty-one, and authorizing and empowering the port of New York authority to effectuate the same, and making an appropriation therefor. Became a law February 24, 1922, with the approval of the Governor. Passed, threefifths being present. The People of the State of N;ew York, represented in Senate and Assembly, do enact as follows: LAws OF NEW JERSEY, 1922 CHAPTER 9 AN ACT by which the State of New Jersey agrees with the State of New York upon the Comprehensive Plan for the development of the Port of New York, pursuant to the compact authorized by the two States and signed April thirtieth, one thousand nine hundred and twentyone, and consented to and approved by Cbngress and the President of the United S t a t e s, August twentythird, one thousand nine hundred and twenty-one, and authorizing and empowering The Port of New York Authority to effectuate the same, and making an appropriation therefor. BE IT ENACTED by the Senr ate and General Assembly of the State of New Jersey: 43 Whereas, The states of New York and New Jersey on the thirtieth of April, nineteen hundred and twenty-one, pursuant to chapter one hundred and fifty-four of the laws of nineteen hundred and twenty-one of New York and chapter one hundred and fifty-one of the laws of nineteen hundred and twentyone of New Jersey, did enter into a compact or agreement which pledged the two states to faithful cooperation in the future planning and development of the port of New York, and which, furthermore, created the port of New York district, as therein described, and the port of New York authority, a body politic and corporate, as an instrumentality or agency of the two states to effectuate such pledge of cooperation; And whereas, The said compact or agreement provides in article ten thereof that the "legislatures of the two states, prior to the signing of this agreement, or thereafter as soon as may be practicable, will adopt a plan or plans for the comprehensive development of the port of New York"; Now, therefore (the state of New Jersey by appropriate legislation concurring there in), the following be and it WHERBAS, The States of New York and New Jersey, on the thirtieth of April, one thousand nine hundred and twenty-one, pursuant to chapter 154 of the Laws of 1921 of New York and chapter 151 of the Laws of 1921 of New Jersey, did enter into a compact or agreement which pledged the two States to faithful co-operation in the future planning and development of the Port of New York, and which, furthermore, created the Port of New York District, as therein described, and The Port of New York Authority, a body politic and corporate, as an instrumentality or agency of the two States to effectuate such pledge of cooperation; and WHEREAS, The said compact or agreement provides in article X thereof that the "Legislatures of the two States, prior to the signing of this agreement, or thereafter as soon as may be practicable, will adopt a plan or plans for the comprehensive development of the port of New York;" Now, therefore (the State of New York by appropriate legislation concurring therein), the following be and it is hereby adopted as the Comprehensive Plan for the de 44 is hereby adopted as the comn- v-clolpment of the Port of New prehensive plan for the devel- York, under and pursuant to opment of the port of New said compact or agreement: York under and pursuant to said compact or agreement: Section 1. Principles to govern the development: First. That terminal operations within the port district, so far as economically practicable, should be unified; Second. That there should be consolidation of shipments at proper classification points so as to eliminate duplication of effort, inefficient loading of equipment and realize reduction in expenses; Third. That there should be the most direct routing of all commodities so as to avoid centers of congestion, conflicting currents and long truck-hauls; Fourth. That. terminal stations established under the comprehensive plan should be union stations, so far as practicable; Fifth. That the process of coordinating facilities should so far as practicable adapt existing facilities as integral parts of the new system, so as to avoid needless destruction of existing capital investment and reduce so far as may be possible the requirements for new capital; and endeavor should be made to obtain the consent of local municipalities within the port district for the coordination of their present and contemplated port and terminal facilities with the whole plan. Sixth. That freight from all railroads must be brought to all parts of the port wherever practicable without cars breaking bulk, and this necessitates tunnel connection between New Jersey and Long Island, and tunnel or bridge connections between other parts of the port; Seventh. That there should be urged upon the federal authorities improvement of channels so as to give access 45 f>'r that type of waterborne commerce adapted to the various forms of development which the respective shorefronts and adjacent lands of the port would best lend themselves to; E1]ighth. That highways for motor truck traffic should be laid out so as to permit the most efficient inter-relation letween terminals, piers and industrial establishments inot equipped with railroad sidings and for tie distribution of building materials and many other commodities which must be handled by trucks; these highways to connect with existing or projected bridges, tunnels and ferries. Ninth. That definite methods for prompt relief should be devised which can be applied for the better coordination and operation of existing facilities while larger and lmore comprehensive plans for future development are being carried out. ~ 2. The bridges, tunnels and belt lines forming the comprehensive plan are generally and in outline indicated on maps filed by the port of New York authority in the offices of the secretaries of the states of New York and New Jersey and are hereinafter described in outline. ~ 3. Tunnels and bridges to form part of the plan. (a) A tunnel or tunnels connecting the New Jersey shore and the Brooklyn shore of New York to provide through line connection between the transcontinental railroads now having their terminals in New Jersey with the Long Island railroad and the New York connecting railroad on Long Island and with the New York Central and Hudson River railroad and the New York, New Haven and Hartford railroad in the Bronx, and to provide continuous transportation of freight between the Queens, Brooklyn and Bronx sections of the port to and from all parts of the westerly section of the port, for all of the transcontinental railroads. 46 (b) A bridge and/or tunnel across or under the Arthur kill, and/or the existing bridge enlarged, to provide direct freight carriage between New Jersey and Staten Island. (c) The location of all such tunnels or bridges to be at the shortest, most accessible and most economical points practicable, taking account of existing facilities now located within the port district and providing for and taking account of all reasonably foreseeable future growth in all parts of the district. ~ 4. Manhattan service. The island of Manhattan to be connected with New Jersey by bridge or tunnel, or both, and freight destined to and from Manhattan to be carried underground, so far as practicable, by such system, automatic electric as hereinafter described or otherwise, as will furnish the most expeditious, economical and practicable transportation of freight, especially meat, produce, milk and other commodities comprising the daily needs of the people. Suitable markets, union inland terminal stations and warehouses to be laid out at points most convenient to the homes and industries upon the island; the said system to be connected with all the transcontinental railroads terminating in New Jersey and by appropriate connection with the New York Central and Hudson River railroad, the New York, New Haven and Hartford and the Long Island railroads. ~ 5. Belt lines. The numbers hereinafter used correspond with the numbers which have been placed on the map of the comprehensive plan to identify the various belt lines and marginal railroads. Number 1. Middle belt line. Connects New Jersey and Staten Island and the railroads on the westerly side of the port with Brooklyn, Queens, the Bronx and the railroads on the easterly side of the port. Connects with the New York Central railroad in the Bronx; with the New York, New Haven and Hartford railroad in the Bronx; with the Long Island railroad in Queens and Brooklyn; 47 with the Baltimore and Ohio railroad near Elizabethport a1(d in Staten Island; with the Central Railroad Company of New Jersey at Elizabethport and at points in Newark and Jersey City; with the Pennsylvania railroad in Newark and Jersey City; with the Lehigh Valley railroad in Newark and Jersey City; with the Delaware, Lackawanna and Western railroad in Jersey City and the Secaucus imeadows; with the Erie railroad in Jersey City and the Secaucus meadows; with the New York, Susquehanna and Western, the New York, Ontario and Western and the YWest Shore railroads on the westerly side of the Palisades above the Weehawken tunnel. The route of the middle belt line as shown on said map is in general as follows: Commencing at the Hudson river at Spuyten Duyvil running easterly and southerly generally along the easterly side of the Harlem river, utilizing existing lines so far as practicable and improving and adding where necessary, to a connection with Hell Gate bridge and the New Haven railroad, a distance of approximately seven miles; thence continuing in a general southerly direction, utilizing existing lines and improving and adding where necessary, to, a point near Bay Ridge, a distance of approximately eighteen and one-half miles; thence by a. new tunnel under New York bay in a northwesterly direction to a portal in Jersey City or Bayonne, a distance of approximately five miles, to a connection with the tracks of the Pennsylvania and Lehigh Valley railroads; thence in a generally northerly direction along the easterly side of Newark bay and the Hackensack river at the westerly foot of the Palisades, utilizing existing tracks and improving and adding where necessary, making connections with the Jersey Central, Pennsylvania, Lehigh Valley, Delaware, Lackawanna and Western, Erie, New York, Susquehanna and Western, New York, Ontario and Western, and West Shore railroads, a distance of approximately ten miles. From the westerly portal of the Bay tunnel and from the line along the easterly side of Newark bay by the bridges of the Central railroad of New 4S Jersey (crossing the Hackensack and Passaic rivers) and of the Pennsylvania and Lehigh Valley railroads (crossing Newark bay) to the line of the Central railroad of New Jersey running along the westerly side of Newark bay and thence southerly along this line to a connection with the Baltimore and Ohio railroad south of Elizabethport, utilizing existing lines so far as practicable and improving and adding where necessary, a distance of approximately twelve miles; thence in an easterly direction crossing the Arthur kill, utilizing existing lines so far as practicable and improving and adding where necessary, along the northerly and easterly shores of Staten Island to the new city piers and to a connection, if the city of New 'York consent thereto, with the tunnel under the Narrows to Brooklyn provided for under chapter seven hundred of the laws of the state of New York for nineteen hundred and twenty-one. Number 2. A marginal railroad to the Bronx extending along the shore of the East river and Westchester creek connecting with the middle belt line (number one), and with the New York, New Haven and Hartford railroad in the vicinity of Westchester. Number 3. A marginal railroad in Queens and Brooklyn extending along Flushing creek, Flushing bay, the East river and the upper New York bay. Connects with the middle belt line (number one), by lines number four, number five, number six and directly at the southerly end at Bay Ridge. Existing lines to be utilized and improved and added to and new lines built where lines do not now exist. Number 4. An existing line to be improved and added to where necessary. Connects the middle belt line (number one), with the marginal railroad number three near its northeasterly end. Number 5. An existing line to be improved and added to where necessary. Connects the middle belt line (num 1V T one), with the marginal railroad number three in Long Island City. Number 6. Connects the middle belt line (number one), with the marginal railroad number three in the Greenpoint section of Brooklyn. The existing portion to be improved and added to where necessary. Number 7. A marginal railroad surrounding the norther ly and westerly shores, of Jamaica bay. A new line. Connects with the middle belt line (number one). Number 8. An existing line, to be improved and added to where necessary. Extends along the southeasterly shore of Staten Island. Connects with middle belt line (number one). Number 9. A marginal railroad extending along the westerly shore of Staten Island and a branch connection with number eight. Connects with the middle belt line (number one), and with a branch from the outer belt line (number fifteen). Number 10. A line made up mainly of existing lines, to be improved and added to where necessary. Connects with the middle belt line (number one) by way of marginal railroad number eleven. Extends along the southerly shore of Raritan bay and through the territory south of the Raritan river reaching New Brunswick. Number 11. A marginal railroad extending from a connection with the proposed outer belt line (number fifteen) near New Brunswick along the northerly shore of the Raritan river to Perth Amboy, thence northerly along the westerly side of the Arthur kill to a connection with the middle belt line (number one) south of Elizabethport. The portion of this line which exists to be improved and added to where necessary. Number 12. A marginal railroad extending along the easterly shore of Newark bay and the Hackensack river and connects with the middle belt line (number one). A new line. Number 13. A marginal railroad extending along the westerly side of the Hudson river and the Upper New York bay. Made up mainly of existing lines-the Erie Terminals, Jersey Junction, Hoboken Shore, and National Docks railroads. To be improved and added to where necessary. To be connected with middle belt line (number one). Number 14. A marginal railroad connecting with the middle belt line (number one), and extending through the Hackensack and Secaucus meadows. Number 15. An outer belt line, extending around the westerly limits of the port district beyond the congested section. Northerly terminus on the Hudson river at Piermont. Connects by marginal railroads at the southerly end with the harbor waters below the congested section. By spurs connects with the middle belt line (number one) on the westerly shore of Newark bay and with the marginal railroad on the westerly shore of Staten Island (number nine). Number 16. The automatic electric system for serving Manhattan Island. Its yards to connect with the middle belt line and with all the railroads of the port district. A standard gauge underground railroad deep enough in Manhattan to permit of two levels of rapid transit subways to pass over it. Standard railroad cars to be brought through to Manhattan terminals for perishables and food products in refrigerator cars. Cars with merchandise freight to be stopped at its yards. Freight from standard cars to be transferred onto wheeled containers, thence to special electrically propelled cars which will bear it to Manhattan. Freight to be kept on wheels between the door of the standard freight car at the transfer point and the tail board of the truck at the Manhattan terminal or the store door as may be elected by the shipper or consignee, eliminating extra handling. 51 Union terniinal stations to be located on Manhattan in zoiies as far as practicable of equal trucking* distance, as to pickups and deliveries, to be served by this system. Termiinals to contain storage space and space for other facilities. The system to bring all the railroads of the port to Manhattan. ~ 6. The determination of the exact location, system and character of each of the said tunnels, bridges, belt lines, approaches, classification yards, warehouses, terminals or other improvements shall be made by the port authority after public hearings and further study, but in general the location thereof shall be as indicated upon said map, and as herein described. ~ 7. The right to add to, modify or change any part" of the foregoing comprehensive plan is reserved by each state, with the concurrence of the other. ~ 8. The port of New York authority is. hereby authorized and directed to, proceed with the development of the port of New York in accordance with said comprehensive plan as rapidly as may be economically practicable and is hereby vested with all necessary and appropriate powers not inconsistent with the constitution of the United States or of either state, to effectuate the same, except the power to levy taxes or assessments. It shall request the congress of the United States to make such appropriations for deepening and widening channels and to make such grants of power as will enable the said plan to be effectuated. It shall have power to apply to all federal agencies, including the interstate commerce commission, the war department, and the United States shipping board, for suitable assistance in carrying out said plan. It shall cooperate with the state highway commissioners of each state so that trunk line highways as and when laid out by each state shall fit in with said comprehensive plan. It shall render such advice, suggestion and asssitance to all municipal officials as will permit all local and municipal port and * New Jersey statute reads "tracking," obviously a typographical error. 5re -z harbor improvements, so far as practicable, to fit in with said plan. All municipalities within the district are hereby authorized and empowered to cooperate in the effectuation of said plan, and are hereby vested with such powers as may be appropriate or necessary so to cooperate. The bonds or other securities issued by the port authority shall at all times be free from taxation by either state. The port authority shall be regarded as the municipal corporate instrumentality of the two states for the purpose of developing the port and effectuating the pledge of the states in the said compact, but it shall have no power to pledge the credit of either state or to impose any obligation upon either state, or upon any municipality, except as and when such power is expressly granted by statute, or the consent by any such municipality is given. ~ 9. The sum of one hundred thousand dollars ($100,000), or so much thereof as may be necessary, is hereby appropriated out of any moneys in the state treasury not otherwise appropriated, for the expenses of the port authority. The moneys hereby appropriated shall be paid out by the state treasurer on the warrant of the comptroller upon vouchers audited by the chairman of the port authority. ~ 10. All acts and parts of acts inconsistent herewith are hereby repealed, and this act shall take effect immediately..,. t~~~~~~~~~ 9. The sum of one hundred thousand dollars ($100,000), or so much thereof as may be necessary, is hereby appropriated out of any moneys in the State treasury not otherwise appropriated, for the expenses of the Port Authority. The moneys herely appropriated shall be paid out by the State Treasurer on the warrant of the Comptroller of the Treasury, upon vouchers signed by the chairman of the said Port Authority. 10. All acts and parts of acts inconsistent herewith are hereby repealed, and this act shall take effect immediately. Approved February 23, 1922. 53 Public Resolution No. 66-67th Congress [H. J. Res. 337] JOINT RESOLUTION Granting consent of Congress and authority to the Port of New York Authority to execute the comprehensive plan approved by the States of New York and New Jersey by chapter 43, Laws of New York, 1922, and chapter 9, Laws of New Jersey, 1922. Whereas pursuant to the agreement or compact entered into by the States of New York and New Jersey under date of April 30, 1921, and consented to by the Congress of the United States by resolution signed by the President on the 23rd day of August, 1921, the two States have agreed upon a comprehensive plan for the development of the port of New York; and Whereas the carrying out and executing of the said plan will the better promote and facilitate commerce between the States and between the States and foreign nations and provide better and cheaper transportation of property and aid in providing better postal, military, and other services of value to the Nation. Therefore be it Resolved by the Senate aand House of Representatives of the United States of Americal in Congress assembled, That, subject. always to the approval of the officers and agents of the United States as required by Acts of Congress touching the jurisdiction and control of the United States over the matters, or any part thereof, covered by this resolution, the consent of Congress is hereby given to the supplemental agreement between the States of New York and New Jersey evidenced by chapter 43, Laws of New York, 1922, and chapter 9, Laws of New Jersey, 1922, covering the comprehensive plan for the developnient of the port of New York embraced in said statutes in form following, that is to say: "SECTION 1. Principles to govern the development: "First. That terminal operations within the port dis. trict, so far as economically practicable, should be unified. "Second. That there should be consolidation of shipments at proper classification points so as to eliminate duplication of effort, inefficient loading of equipment, and realize reduction in expenses. "Third. That there should be the most direct. routing of all commodities so as to avoid centers of congestion, conflicting currents, and long truck hauls. "Fourth. That terminal stations established under the comprehensive plan should be union stations, so far as practicable. "Fifth. That the process of coordinating facilities should, so far as practicable, adopt casting facilities* as integral parts of the new system, so as to avoid needless destruction of existing capital investment and reduce so far as may be possible the requirements for new capital; and endeavor should be made to obtain the consent of local municipalities within the port district for the coordination of their present and contemplated port and terminal facilities with the whole plan. "Sixth. That freight from all railroads must be brought to all parts of the port wherever practicable without cars breaking bulk, and this necessitates tunnel connection between New Jersey and Long Island, and tunnel or bridge connections between other parts of the port. "Seventh. That there should be urged upon the Federal authorities improvement of channels so as to give access for that type of water-borne commerce adapted to the various forms of development which the respective * State statutes read "adapt existing facilities"; obviously there is a typographical error here. 5)) shlore fronts and adjacent hlnds of tle port. would best lend( themselves to. "Eighth. That highways for motor-truck traffic should be laid out so as to permit the most efficient interrelation between terminals, piers, and industrial establishments not equipped with railroad sidings and for the distribution of building materials and many other commodities which must be handled by trucks; these highways to connlect with existing or projected bridges, tunnels, and ferries. "Ninth. That definite methods for prompt relief should be devised which can be applied for the better coordination and operation of existing facilities while larger and more comprehensive plans for future development are being carried out. "SBc. 2. The bridges, tunnels, and belt lines forming the comprehensive plan are generally and in outline indicated on maps filed by the Port of New York Authority in the offices of the secretaries of the States of New York and New Jersey and are hereinafter described in outline. "SEC. 3. Tunnels and bridges to form part of the plan: (a) A tunnel or tunnels connecting the New Jersey shore and the Brooklyn shore of New York to provide throughline connection between the transcontinental railroads now having their terminals in New Jersey, with the Long Island Railroad and the New York connecting railroad on Long Island and with the New York Central and Hudson River Railroad and the New York, New Haven and Hartford Railroad in the Bronx, and to provide continuous transportation of freight between the Queens, Brooklyn, and Bronx sections of the port to and from all parts of the westerly section of the port for all of the transcontinental railroads. (b) A bridge and/or tunnel across or under the Arthur Kill, and/or the existing bridge enlarged to provide direct freight carriage between New Jersey and 56 Staten Island. (c) The location of all such tunnels or bridges to be at the shortest, most accessible, and most economical points practicable, taking account of existing facilities now located within the port district and providing for and taking account of all reasonably foreseeable future growth in all parts of the district. "SEc. 4. Manhattan service: The island of Manhattan to be connected with New Jersey by bridge or tunnel, or both, and freight destined to and from Manhattan to be carried underground, so far as practicable by such system, automatic electric as hereinafter described or otherwise, as will furnish the most expeditious, economical, and practicable transportation of freight, especially meat, produce, milk, and other commodities comprising the daily needs of the people. Suitable markets, union inland terminal stations and warehouses to be laid out at points most convenient to the homes and industries upon the island, the said system to be connected with all the transcontinental railroads terminating in New Jersey and by appropriate connection with the New York Central and Hudson River Railroad, the New York, New Haven and Hartford, and the Long Island Railroads. "SEc. 5. Belt lines: The numbers hereinafter used correspond with the numbers which have been placed on the map of the comprehensive plan to. identify the various belt lines and marginal railroads. "Number 1, middle belt line: Connects New Jersey and Staten Island and the railroads on the westerly side of the port with Brooklyn, Queens, The Bronx, and the railroads on the easterly side of the port. Connects with the New York Central Railroad in The Bronx; with the New York, New Haven and Hartford Railroad in The Bronx; with the Long Island Railroad in Queens and Brooklyn; with the Baltimore and Ohio Railroad near Elizabethport and in Staten Island; with the Central Railroad Company of New Jersey at Elizabethport and at 57 I)oints in Newark and Jersey City; with the Pennsylvania tRailroad in Newark and Jersey City; with the Lehigh Valley Railroad in Newark and Jersey City; with the Delaware, Lackawanna and Western Railroad in Jersey City and the Secaucus meadows; with the Erie Railroad in Jersey City and the Secaucus meadows; with the New York, Susquehanna and Western, the New York, Ontario and Western, and the West Shore Railroads on the westrily side of the Palisades above the Weehawken Tunnel. "The route of the middle belt line, as shown on said map, is in general as follows: Commencing at the Hudson River at Spuyten Duyvil, running easterly and southerly generally along the easterly side of the Harlem River, utilizing existing lines so far as practicable and improving and adding where necessary, to a connection with Hell Gate Bridge and the New Haven Railroad, a distance of approximately seven miles; thence continuing in a general southerly direction, utilizing existing lines and improving and adding where necessary, to a point near Bay Ridge, a distance of approximately eighteen and one-half miles; thence by a new tunnel under New York Bay in a northwesterly direction to a portal in Jersey City or Bayonne, a distance of approximately five miles, to a connection with the tracks of the Pennsylvania and Lehigh Valley Railroads; thence in a generally northerly direction along the easterly side of Newark Bay and the Hackensack River at the westerly foot of the Palisades, utilizing existing tracks and improving and adding where necessary, making connections with the Jersey Central, Pennsylvania, Lehigh Valley, Delaware, Lackawanna and Western, Erie, New York, Susquehanna and Western, New York, Ontario and Western, and West Shore Railroads, a distance of approximately ten miles. From the westerly portal of the Bay Tunnel and from the line along the easterly side of Newark Bay by the bridges of the Central Railroad of New Jersey (crossing the Hackensack and Passaic Rivers) and of the Pennsylvania and Lehigh Valley Railroads (crossing Newark Bay) to the line of the Central 58 Railroad of New Jersey, running along the westerly side of Newark Bay and thence southerly along this line to a connection with the Baltimore and Ohio Railroad south of Elizabethport, utilizing existing lines so far as practicable and improving and adding where necessary, a distance of approximately twelve miles; thence in an easterly direction crossing the Arthur Kill, utilizing existing lines so far as practicable and improving and adding where necessary, along the northerly and easterly shores of Staten Island to the new city piers and to a connection, if the city of New York consents thereto, with the tunnel under the Narrows to Brooklyn, provided for under chapter 7.00 of the laws of the State of New York for 1921. "Number 2: A marginal railroad to The Bronx extending along the shore of the East River and Westchester Creek, connecting with the middle belt line (number 1) and with the New York, New Haven and Hartford Railroad in the vicinity of Westchester. "Number 3: A marginal railroad in Queens and Brooklyn extending along Flushing Creek, Flushing Bay, the East River, and the upper New York Bay. Connects witl the middle belt line (number 1) by lines number 4, number 5, number 6, and directly at the southerly end at Bay RI'dge. Existing lines to be utilized and improved and added to and new lines built where lines do not now exist. "Number 4: An existing line to be improved and added to where necessary. Connects the middle belt line (number 1) with the marginal railroad (number 3) near its northeasterly end. "Number 5: An existing line to be improved and added to where necessary. Connects the middle belt line (number 1) with the marginal railroad (number 3) in Long Island City. "Number 6: Connects the middle belt line (number 1) with the marginal railroad (number 3) in the Greenpoint 59 s( (tion of Brooklyn. The existing portion to be improved and added to where necessary. "Number 7: A marginal railroad surrounding the northerly and westerly shores of Jamaica Bay. A new line. Connects with the middle belt line (number 1). "Number 8: An existing line to be improved and added to where necessary. Extends along the southeasterly shore of Staten Island. Connects with middle belt line (number 1). "Number 9: A marginal railroad extending along the westerly shore of Staten Island and a branch connection with number 8. Connects with the middle belt line (number 1) and with a branch from the outer belt line (number 15). "Number 10: A line made up mainly of existing lines, to be improved and added to where necessary. Connects with the middle belt line (number 1) by way of marginal railroad number 11. Extends along the southerly shore of Raritan Bay and through the territory south of the Raritan River reaching New Brunswick "Number 11: A marginal railroad extending from a connection with the proposed outer belt line (number 15) near New Brunswick along the northerly shore of the Raritan River to Perth Amboy, thence northerly along the westerly side of the Arthur Kill to a connection with the middle belt line (number 1) south of Elizabethport. The portion of this line which exists to be improved and added to where necessary. "Number 12: A marginal railroad extending along the easterly shore of Newark Bay and the Hackensack River and connects with the middle belt line (number 1). A new line. "Number 13: A marginal railroad extending along the westerly side of the Hudson River and the upper New 6O York Bay. Made, up mainly of existing lines-the Erie Terminals, Jersey Junction, Hoboken Shore, and National Docks Railroads. To be improved and added to where necessary. To be connected with middle belt line (number 1). "Number 14: A marginal railroad connecting with the middle belt line (number 1) and extending through the Hackensack and Secaucus Meadows. "Number 15: An outer belt line extending around the westerly limits of the port district beyond the congested section. Northerly terminus on the Hudson River at Piermont. Connects by marginal railroads at the southerly end with the harbor waters below the congested section. By spurs connects with the middle belt line (number 1) on the westerly shore of Newark Bay and with the marginal railroad on the westerly shore of Staten Island (number 9). "Number 16: The automatic electric system for serving Manhattan Island. Its yards to connect with the middle belt line and with all the railroads of the port district. A standard gauge underground railroad deep enough in Manhattan to permit of two levels of rapid-transit subways to pass over it. Standard railroad cars to be brought through to Manhattan terminals for perishables and food products in refrigerator cars. Cars with merchandise freight to be stopped at its yards. Freight from standard cars to be transferred onto wheeled containers, thence to special electrically propelled cars, which will bear it to Manhattan. Freight to be kept on wheels between the door of the standard freight car at the transfer point and the tailboard of the truck at the Manhattan terminal or the store door, as may be elected by the shipper or consignee, eliminating extra handling. Union terminal stations to be located on Manhattan in zones as far as practicable of equal trucking distance, as to pick-ups and deliveries, to be served by this system. Terminals to con 61 tain storage space and space for other facilities, the systeml to bring all the railroads of the port to Manhattan. "SEC. 6. The determination of the exact location, system(, and character of each of the said tunnels, bridges, belt lines, approaches, classification yards, warehouses, terminals, or other improvements shall be made by the port authority after public hearings and further study, but in general the location thereof shall be as indicated upon said map, and as herein described. "SEC. 7. The right to add to, modify, or change any part of the foregoing comprehensive plan is reserved by each State, with the concurrence of the other." And the consent of Congress is hereby given to the carrying out and effectuation of said comprehensive plan, and the said Port of New York Authority is authorized and empowered to carry out and effectuate the same; Provided, That nothing herein contained shall be construed as impairing or in any manner affecting any right or jurisdiction of the United States in and over the region which forms the subject of said agreement; Provided further, That no bridges, tunnels, or other structures shall be built across, under, or in any of the waters of the United States, and no change shall be made in the navigable capacity or condition of any such waters, until the plans therefor have been approved by the Chief of Engineers and the Secretary of War. SEIC. 2. That the right to alter, amend, or repeal this resolution is hereby expressly reserved. Approved, July 1, 1922. 62 EMPOWERING ACTS OF NEW YORK AND NEW JERSEY AUTHORIZING SELECTION OF COMMISSIONERS. LAWS OF NEW YORK, 1921. CHAP. 203. AN ACT to authorize the appointment of commissioners to "the port authority" established by the agreement or compact between the states of New York and New Jersey within the "port of New York," and making an appropriation therefor. Became a law April 15, 1921, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. The governor shall, by and with the advice and consent of the senate, appoint three commissioners to the port authority created by the agreement or compact between the states of New York and New Jersey entered into or about to be entered into under laws passed by the states of New York and New Jersey authorizing such agreement and compact. At least two of such commissioners shall be resident voters of the city of New York. One of such commissioners, when appointed, shall hold office until July first, nineteen hundred and twenty-four, another shall hold office until July first, nineteen hundred and twenty-six, and another shall hold office until July first, nineteen hundred and twenty-eight. Each comimissioner shall hold office until his successor has been appointed or qualified. At the expiration of the term of each commissioner and of each succeeding commissioner, the governor shall, by and with the advice and consent of the senate, appoint a 63 successor, who shall hold office for a term of five years, or until his successor has been appointed and qualified. In the event of a vacancy occurring in the office of a commissioner by death, resignation or otherwise, the governor shall, by and with the advice and consent of the senate, appoint his successor, who shall hold office for the unexpired term. The three commissioners may be appointed by the governor before such agreement or compact shall have been executed on behalf of the states of New York and New Jersey by the designated authorities authorized to execute the same. Any commissioner may be removed upon charges and after hearing by the governor. When the said agreement or compact shall have been executed, the commissioners shall have the powers and duties and be subject to the limitations provided for in the compact or agreement entered into between the two states, and together with three commissioners from the state of New Jersey shall form the "port authority." ~ 2. The commissioners of the port authority shall receive and take over, and the commissioners appointed pursuant to chapter four hundred and twenty-six of the laws of nineteen hundred and seventeen shall deliver thereto, furniture, fixtures, books, maps, plans, records, reports, pictures, sketches, films, and other papers and property of what kind soever pertaining or belonging to or in the custody of the members of the commission, appointed under chapter four hundred and twenty-six of the laws of nineteen hundred and seventeen of the state of New York and chapter one hundred and thirty of the laws of nineteen hundred and seventeen of the state of New Jersey, or in their possession or under their control, as such commissioners, or held by them, or for which they are responsible in their official capacity. ~ 3. The commissioners shall take up, study and consider the joint report of the New York, New Jersey port and harbor development commission, appointed under 64 chapters four hundred and twenty-six of the laws of nineteen hundred and sevnteen of the state of New York and one hundred and thirty of the laws of nineteen hundred and seventeen of the state of New Jersey, and more especially the recommendations therein contained, shall hold public hearings thereon, shall confer with the governing bodies of all of the municipalities within the port district and all dock, port, channel and improvement commissions and any other bodies having to do with port and harbor facilities, with the secretary of war, with the appropriate committees of congress, with the interstate commerce coinmission, and any and all other federal authorities having jurisdiction in the premises, and shall, for the purposes of securing any information, create an advisory council of representatives of chambers of commerce, boards of trade and other civic bodies within the port district whose charters include consideration of the matters embraced in such joint report. The commissioners of the port authority shall also confer with the railroad, steamship, warehouse and other officials and until the said agreement or compact shall be authorized or executed by the states of New York and New Jersey, shall confer with such bodies, commissions and legislative committees as may exist or be created in New Jersey for the purpose of bringing about a joint policy between the two states for comprehensive development of the port. ~ 4. The commissioners shall report to the legislature on or before January first, nineteen hundred and twentytwo, the results of such study, investigation, hearings and conferences, and shall submit a "comprehensive plan for the development of the port district" based upon the results of such study, investigation, hearings and conferences, together with their recommendations for such legislation as they deem appropriate for the effectuation and consummation of such plan. 65 ~ 5. The sum of one hundred thousand dollars ($100,000), or so much thereof as may be necessary, is hereby appropriated out of any moneys in the state treasury not otherwise appropriated, for the expenses of the port authority. The moneys hereby appropriated shall be paid out by the state treasurer on the warrant of the comptroller upon vouchers audited by the chairman of the port authority. ~ 6. This act shall take effect immediately. LAWS OF NEW JERSEY, 1921. CHAP. 152. AN ACT appointing commissioners to "The Port Authority" established by the agreement or compact between the States of New York and New Jersey within the "Port of New York District," providing for the transfer of all the maps, plans and other properties in the possession of the commission appointed under chapter 130 of the Laws of 1917, and making an appropriation for the expenses of said commission. BE IT ENACTED by the Senaite and General Assembly of the State of New Jersey: 1. J. Spencer Smith, Frank R. Ford, and De Witt Van Buskirk, members of the New York, New Jersey Port and Harbor Development Commission, are hereby selected and appointed as commissioner* to "The Port Authority" created by the agreement or compact between the States of New York and New Jersey, entered into or about to be entered into under laws passed by the States of New York and New Jersey authorizing such agreement or compact. *Obviously a typographical error. (G6 2. Said commissioners shall hold office for the following terms: J. Spencer Smith until July first, one thousand nine hundred and twenty-three. De Witt Van Buskirk until July first, one thousand nine hundred and twenty-four. Frank R. Ford until July first, one thousand nine hundred and twenty-five. Each commissioner shall hold office until his successor has been appointed or qualified. 3. At the expiration of the term of each commissioner and of each succeeding commissioner, the Governor shall, by and with the advice and consent of the Senate, appoint a successor, who shall hold office for a term of five years, or until his successor has been appointed and qualified. 4. In the event of a vacancy occurring in the office of a commissioner by death, resignation or otherwise, the Governor shall, by and with the advice and consent of the Senate, appoint his successor, who shall hold office for the unexpired term. 5. Any commissioner may be removed upon charges and after hearing by the Senate. 6. The commissioners shall have the powers and duties and be subject to the limitations provided for in the compact or agreement entered into between the two States, and together with three commissioners from the State of New York shall form "The Port Authority." 7. The commissioners of "The Port Authority" shall receive and take over the furniture, fixtures, books, maps, plans, records, reports, pictures, sketches, films, and other papers and property of what kind soever pertaining or belonging to or in the custody of the members of the commission appointed under chapter 130 of the Laws of 1917 67 of the State of New Jersey, or in their possession or under their control as such commissioners, or held by them, or for which they are responsible in their official capacity. 8. The commissioners of "The Port of Authority"* shall take up, study and consider the joint report of the New York-New Jersey Port and Harbor Development Commnission, appointed under said chapter 426 of the Laws of 1917 of the State of New York and 130 of the Laws of 1917 of the State of New Jersey, and more especially the recomiendations therein contained, shall hold public hearings thereon, shall confer with the governing bodies of all of the municipalities within the port district and all dock, port, channel and improvement commissions and any other bodies having to do with port and harbor facilities, with the Secretary of War, with the appropriate committees of Congress, with the Interstate Commerce Commission, and any and all other Federal authorities having jurisdiction in the premises, and shall, for the purpose of securing advice and information, create an advisory council of representatives of chambers of commerce, boards of trade and other civic bodies within the port district whose charters include consideration of the matters embraced in the said joint report. The said commissioners of "The Port Authority" shall also confer with railroad, steamship, warehouse and other officials. 9. The commissioners of "The Port Authority" shall report to the Legislatures of the two States on or before January first, one thousand nine hundred and twenty-two, the results of such study, investigation, hearings and conferences, and shall submit a "Comprehensive Plan for the Development of the Port District," based upon the results of such study, investigation, hearings and conferences, together with their recommendations for such legislation as they deem appropriate for the effectuation and consummation of such plan. * Obviously a typographical error. 68 10. The sum of one hundred thousand dollars ($100,000), or so much thereof as may be necessary, is hereby appropriated out of any moneys in the State treasury not otherwise appropriated, for the expenses of "The Port Authority." The moneys hereby appropriated shall be paid out by the State Treasurer on the warrant of the Comptroller of the Treasury, upon vouchers signed by the chairman of the said Port Authority. 11. All acts and parts of acts inconsistent herewith are hereby repealed, and this act shall take effect immediately. Passed April 7, 1921. LAWS OF NEW YORK, 1924 CHAPTER 623 AN ACT to amend chapter forty-three of the laws of nineteen hundred and twenty-two, entitled "An act by which the state of New York agrees with the state of New Jersey upon the comprehensive plan for the development of the port of New York, pursuant to the compact authorized by the two states and signed April thirtieth, nineteen hundred and twenty-one, and consented to and approved by congress and the president of the United States August twenty-three, nineteen hundred and twenty-one, and authorizing and empowering the port of New York authority to effectuate the same," in further effectuation of the powers given to the port of New York authority by said comprehensive plan and by the said compact, and providing adequate machinery and appropriate jurisdiction in the supreme court of this state. Became a Law May 5, 1924, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New York, represented in Senalte, and Assembly, do enact as follows: Section 1. Chapter forty-three of the laws of nineteen hundred and twenty-two is hereby amended by adding thereto the following sections: ~ 11. To facilitate the determination of the economic practicability of any step in the said comprehensive plan, or of any other fact or matter which the port authority is authorized and empowered to decide or determine, the port authority may conduct investigations, inquiries or hearings at such place or places and at such times as it shall appoint. Such investigations, inquiries or hear f0o ings may be held by or before one or more of the coimmissioners of the port authority, or by or before any person or persons appointed as its representative, and when ratified, approved or confirmed by the port authority on its action shall be and be deemed to be the investigation, inquiry or hearing of the port authority. For the purpose of such investigations, inquiries or hearings, and of such other action or powers as the port authority may be authorized or empowered to take or exercise, it shall have jurisdiction of any and all persons, associations, or corporations, residing in, or acting or existing under or by virtue of the laws of, or owning property or coming within this state. ~ 12. The port authority shall have the power to compel the attendance of witnesses and the production of any papers, books or other documents, and to administer oaths to all witnesses who may be called before it. Subpoenas issued by the port authority shall be signed by a commissioner or by the secretary of the port authority and may be served by any person of full age. The fees of witnesses required to attend before the port authority shall be one dollar for each day's attendance, and three cents for every mile of travel by the nearest generally traveled routes in going to and from the place where the attendance of the witness is required. Such fees shall be paid when the witness is excused from further attendance, and the disbursements made in the payment of such fees shall be audited and paid in the same manner provided for the payment of expenses of the port authority; provided that no witness subpoenaed at the instance of parties other than the port authority shall be entitled to compensation therefrom for attendance or travel, but the cost thereof shall be borne by the party at whose instance the witness is summoned, unless the port authority otherwise orders. If a person subpoenaed to attend before the port authority fails to obey the command of such subpoena 71 without reasonable cause, or if a person in attendance before the port authority shall, without reasonable cause, refuse to be sworn or be examined, or to answer a question, or to produce a book or paper, or other document, or to subscribe and swear to his deposition after it has been correctly reduced to writing, when directed so to do by the port authority or on its behalf, then the port authority may apply to the supreme court, or to any justice thereof, who shall have the power of the court for that purpose, upon proof by affidavit of the facts, for an order returnable in not less than two or more than five days after service thereof, directing such person to show cause before the court or justice who made the order, or any other justice, why he should not comply with the subpoena or direction of the port authority, or be committed to jail. Upon the return of such order, the court or justice before whom the matter shall come on for hearing shall examine under oath the person whose testimony may be relevant, and such person shall be given an opportunity to be heard, and if the justice shall determine that such person refused without reasonable cause or legal excuse to be examined, or to answer a legal and pertinent question, or to produce a book or paper which he was ordered to bring, he may order the said person to comply forthwith with the subpoena or direction of the port authority, or may commit the offender to jail, there to remain until he submits to do the act which he was so required to do, or is discharged according to law. ~ 13. All hearings before the port authority, including the taking of testimony, shall be governed by rules to be adopted and prescribed by it. No person shall be excused from testifying or from producing any books or papers in any investigation, inquiry or hearing before the port authority when ordered so to do by it, upon the ground that the testimony or evidence, books or documents, required of him may tend to incriminate him or 72 subject him to penalty of forfeiture; but no person shall be prosecuted, punished or subjected to any penalty or forfeiture, for, or on account of, any act, transaction, matter or thing, concerning which he shall, under oath, have testified or produced documentary evidence, provided, however, that no person so testifying shall be exempt from prosecution or punishment for any perjury committed by him in his testimony. Nothing herein contained is intended to give, or shall be construed as in any manner giving, unto any corporation immunity of any kind. No commissioner or employee of the port authority shall be required to give testimony in any civil suit to which the port authority is not a party with regard to information obtained by him in the discharge of his official duty. ~ 14. Every order of the port authority shall be served upon every person, association or corporation to be affected thereby, either by personal delivery of a certified copy thereof, or by mailing a certified copy thereof, in a sealed package with postage prepaid, to the person to be affected thereby; or in the case of a corporation to any officer or agent thereof upon whom a summons might be served, either within or without the state, in accordance with law. It shall be the duty of every person, association or corporation, to notify the port authority forthwith, in writing, of the receipt of the certified copy of every order so served, and in the case of a corporation such notification must be signed and acknowledged by a person or officer duly authorized by the corporation to admit such service. Within a time specified in the order of the port authority, such person, association or corporation, upon whom it is served, must, if so required in the order, notify the port authority in like manner whether the terms of the order are accepted and will be obeyed. Every order of the port authority shall take effect at a time therein specified and shall 73 continue in force either for a period which may be designated therein, or until changed or abrogated by the port anthority, unless such order be unauthorized by law, or b)e in violation of a provision of the constitution of the state, or of the United States. No order staying or suspending an order of the port:nuthority shall be made by any court otherwise than upon notice and after hearing, and if the order of the port authority is suspended, the order suspending the same shall contain a specific finding based upon evidence submitted to the court and identified by reference thereto tlat great and irreparable damage would otherwise result to the petitioner and specifying the nature of the damage. ~ 15. Whenever the port authority shall be of the opinion that any person, association or corporation subject to its jurisdiction is failing or omitting, or about to fail or omit to do anything required of it by the laws governing the development and regulation of the port of New York, or by its order, or is doing or is about to do anything, or permitting, or about to permit anything to be done contrary to, or in violation of, such law or orders, it shall direct its legal representative to commence an action or proceeding in the name of the port authority, in an appropriate court having jurisdiction, for the purpose of having such violations, or threatened violations, stopped and prevented either by mandamus or injunction. Such an action or proceeding may be brought in the supreme court of this state, and the said court shall have and is hereby given the necessary and appropriate jurisdiction to grant mandamus or injunction, as the case may require, or any other relief appropriate to the case. Failure of such person, association or corporation to notify the port authority, as required in the preceding section, of its acceptance of and willingness to obey any. order of the port authority shall be and be deemed to 74 be prima facie proof that such person, association or cor. poration is guilty of such violation, or threatened violation. The legal representative of the port authority shall begin such action or proceeding by a petition to the appropriate court, alleging the violation complained of and praying for appropriate relief by way of mandamus or injunction. If the petition is directed to a court of this state, it shall thereupon be the duty of the court to specify the time, not exceeding twenty days after the service of a copy of the petition, within which the person, association or corporation complained of must answer the petition. In case of default in answer, or after answer, the court shall immediately inquire into the facts and circumstances, in such manner as the court shall direct, without other or formal pleadings and without respect to any technical requirement. Such other persons, associations or corporations as the court shall deem necessary or proper to join as parties, in order to make its order, judgment or writs effective, may be joined as parties upon application of the legal representative of the port authority. The final judgment in any such action or proceeding shall either dismiss the action or proceeding, or direct that a writ of mandamus, or an injunction, or both, issue as prayed for in the petition, or in such modified or other form as the court may determine will afford the appropriate relief. ~ 16. Whenever the port authority, after opportunity to the parties affected or to be affected thereby to be heard, shall determine any fact or matter which it is authorized by any law to hear or determine, or that any step in the effectuation of the comprehensive plan is or in the near future will be economically practicable, it shall make its findings in writing, setting forth its reasons therefor, and such findings shall be and be deemed to be a determination by the port authority, under and pursuant to law. Upon such determination an appro l)riate order may be entered by the port authority and be made effective and may be enforced as herein provided. If such findings or determination shall require the use of existing facilities or any part thereof described in the law, owned or operated by any carrier or carriers, thlin the port authority may order and require the carrier or carriers owning or operating said railroad facilities or part thereof to permit the use of such facilities or part thereof upon the payment of reasonable compenlsation therefor. If the carrier or carriers affected or to be affected by such order shall not be able, within the time to be specified in its order by the port authority, to agree among themselves upon the compensation to be paid by a user to a proprietor or operator for the use of such existing facilities or part thereof, then the port authority shall make determination of the amount to be paid by the user to the proprietary carrier or carriers, taking all the facts and circumstances into account, including the public use to which such facilities have been put; or, at its option, the port authority may apply to the supreme court of this state, either in a separate proceeding or in proceedings by mandamus or injunction to enforce its order, to fix and determine the fair and reasonable compensation to be paid by the user to the proprietary carrier or carriers for such use. If any carrier shall be dissatisfied with the findings of the port authority in the matter of the compensation to be paid for the use of any existing facility, it shall have the right to review the same in the supreme court of this state by taking appropriate proceedings for such review within sixty days from the service of the order of the port authority, but pending such review the order for the use of such facilities shall be operative, the determination of the compensation by the court to relate back to the time of the commencement of such user, unless the court shall for good and proper reasons enjoin the operation of such order. 76 If, in the determination of steps to effectuate the comprehensive plan, the port authority shall determine that one or more union terminal stations are then, or in the near future, economically practicable, it shall call a conference of all the carriers affected or to be affected by the use of such terminal stations or station and shall submit to them a plan or plans for the construction, maintenance and use thereof. If the carriers or any.of them shall fail or refuse to agree upon such plan, the port authority shall make and certify its findings and conclusions to the supreme court of this state, and the said court is vested with appropriate and adequate jurisdiction to determine whether or not such plan or plans for a union station or stations effectuate the comprehensive plan, and to make such conditions and impose such terms as will carry out the same in accordance with the principles embraced in the comprehensive plan and the laws governing the same. ~ 17. All actions and proceedings to which the port authority may be a party and in which any question arises under the laws relating to the port authority, or under or concerning any of its orders or actions, shall be preferred over all other civil causes, except election causes, in all courts of this state and shall be heard and determined in preference to all other civil business pending therein, except election causes, irrespective of position on the calendar. The same preference shall be granted upon application of the legal representative of the port authority, in any action or proceeding in which he may be allowed to intervene. ~ 2. The powers herein granted to the port authority shall be regarded as in aid of and supplemental to, and in no case as a limitation upon any of the powers vested in it by the states of New York and New Jersey and or by congress. 77 ~ 3. If any term or provision of this act shall be declared unconstitutional or ineffective in whole or in part by a court of competent jurisdiction, then to the extent that it is not unconstitutional or ineffective such term or provision shall be enforced and effectuated; nor shall such determination be deemed to invalidate the remaining terms or provisions hereof. ~ 4. This act shall take effect immediately. LAWS OF NEW YORK, 1924 CHAPTER 230 AN ACT relating to the construction, operation and maintenance by the port of New York authority of a certain bridge across the Arthur kill, between Perth Amboy on the New Jersey side and Tottenville on the New York side, pursuant to the port compact or treaty dated April thirtieth, nineteen hundred and twenty-one, and consented to by the congress of the United States, and the comprehensive plan adopted by the states of New York and New Jersey, consented to and which the port of New York authority was authorized and empowered to carry out and effectuate by the congress of the United States, and making an appropriation of fifty thousand dollars for borings, surveys and plans. Became a Law April 23, 1924, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New. York, represented in Senate and Assembly, d:o enact as follows: Section 1. In partial effectuation of the comprehensive plan for the development of the port of New York, and of section four thereof, adopted by the states of New 78 York and New Jersey by chapter forty-three, laws of New York, nineteen hundred and twenty-two, and chapter nine, laws of New Jersey, nineteen hundred and twenty-two, which was consented to and which the port of New York authority was authorized and empowered to carry out and effectuate by the congress of the United States by public resolution number sixty-six, sixtyseventh congress, house joint resolution three hundred and thirty-seven, and of the port compact or treaty between the two states dated April thirtieth, nineteen hundred and twenty-one, authorized and approved by chapter one hundred and fifty-four, laws of New York, nineteen hundred and twenty-one, and chapter one hundred and fifty-one, laws of New Jersey, nineteen hundred and twenty-one, and consented to by the congress of the United States by public resolution number seventeen, sixty-seventh congress, senate joint resolution eighty-eight, the port of New York authority (hereinafter called the port authority) is authorized and empowered to construct, operate, maintain and own, a bridge, with the necessary approaches thereto, across the Arthur kill, between Perth Amboly on the New Jersey side and Tottenville on the New York side. ~ 2. The plan of the approaches at either end of the bridge, which shall include any highway extension or changes which the port authority shall deem convenient or necessary, shall be subject to the approval of the respective municipalities in which it shall be located. Except as so limited the port authority shall determine the site, size, type and method of construction of such bridge and approaches and all matters pertaining thereto. ~ 3. The port authority is authorized to make and enforce such rules and regulations and to establish and levy such charges and tolls as it may deem convenient or necessary for the operation and maintenance of the said bridge and to insure at least sufficient revenue to 79 meet the expenses of the construction, operation and maintenance thereof, and to malke provision for the payment of the interest upon and amortization and retirement of such bonds or other securities or obligations as it may issue or incur for the purposes of this act, as hereinafter provided. There shall be allocated to the cost of construction, operation and maintenance of the bridge such proportion of the general expenses of the port authority as it shall deem properly clargeable thereto. ~ 4. The said bridge shall be built and paid for in whole or in part out of moneys to be raised by the port authority on bonds or other securities or obligations issued or incurred by it pursuant to article six of the said compact or treaty. The said bonds or other securities and any other obligations which the port authority may incur shall be issued and incurred upon such terms and conditions as the port authority may deem proper. As security therefor the port authority is authorized and empowered to pledge the revenues and tolls arising out of the use of the bridge until such time as the sums borrowed therefor are fully amortized and repaid. ~ 5. If, for any of the purposes hereunder, the port authority shall find it necessary or convenient for it to acquire title to or any lesser interest in real property as herein defined, in this state, then the port authority may find and determine that such property is required for a public use, and upon such due determination, the said property shall be and shall be deemed to be required for such a public use; and with the exceptions hereinafter specifically noted the said determination or fact shall not be affected by the fact that such property has theretofore been taken for, or is now devoted to, a public use; but the public use in the hands or under the control of the port authority shall be deemed superior to the public use in the hands of any other person, association or corporation. If the port authority is unable to agree for 80 the purchase of any such property, or if the owner thereof shall be incapable of selling the same, or if, after diligent search and inquiry, the name and residence of any such owner cannot be ascertained, or if title to any such property has been acquired or attempted to be acquired and has been found to be invalid or defective, the port authority may acquire title to all such property by condemnation under and pursuant to the provision of this act. ~ 6. Anything in this act to the contrary notwithstanding, no property now or hereafter vested in or held by any county, city, borough, village, township or other municipality shall be taken by the port authority, without the authority or consent of such county, city, borough, village, township or other municipality, nor shall anything herein impair or invalidate in any way any bonded indebtedness of the state, or such county, city, borough, village, township or other municipality, nor impair the provisions of law regulating the payment into sinking funds of revenues derived from municipal property, or dedicating the revenues derived from any municipal property to a specific purpose. The port authority is hereby authorized and empowered to acquire from such county, city, borough, village, township, or other municipality, by agreement therewith, and such county, city, borough, village, township or other municipality is hereby authorized and empowered to grant and convey for such consideration as it may deem wise, any real property which may be necessary for the construction, operation and maintenance of the bridge and the approaches thereto, including such lands, structures or interests therein as have already been devoted to a public use. The state of New York hereby consents to the use and occupation of the lands of the state necessary for the construction, operation and maintenance of the said bridge and the approaches thereto, including lands of the state lying under the waters of the Arthur kill. 81 ~ 7. When title or any interest. in real property within this state is sought to be acquired by condemnation, the port authority shall cause a survey and map to be made thereof, and shall cause such survey and map to be filed in its office. The said port authority and its duly authorized agents and employees may enter upon such property for the purpose of making such survey and map. There shall be annexed to such survey and map a certificate executed by the chief engineer of the port authority stating that the property or interest therein described in such survey and map are necessary for its purposes. ~ 8. Upon filing such survey and map the port authority shall petition the supreme court in the county where. such property is located for the condemnation of such property or interest therein, as have not been otherwise acquired. The said petition shall be in the form prescribed by section four of the condemnation law except as herein provided to the contrary. Such petition, together with a notice of pendency of the proceeding, shall be filed in the office of the county clerk of the said county and shall be indexed and recorded as provided by law. A copy of the said petition together with a notice of the presentation thereof to a special term of the supreme court shall be served upon the owners as provided in sections five and six of the condemnation law. ~ 9. The port authority shall cause a duplicate of the said petition and notice of presentation thereof, together with a duplicate original affidavit of the service thereof, to be recorded in the books used for recording deeds in the office of the register of deeds of the county wherein the said property described in such notice is situated, and the record of such notice shall be prima facie evidence of due service thereof. Upon the service of such petition and notice of presentation, the port authority may enter upon and use and occupy for its purposes all 82 the parcels of real estate described in the proceedings for the condemnation thereof, unless the supreme court shall otherwise determine as hereinafter provided. Such petition and notice so recorded shall be conclusive evidence of such entry and appropriation and of the quantity and boundaries of the property appropriated. ~ 10. The proceedings thereafter shall be in the manner prescribed by the condemnation law so far as consistent herewith. ~ 11. The commissioners appointed to ascertain and determine the compensation which ought justly to be made to the owners of property or interests therein appraised by them as provided in section thirteen of the condemnation law shall make their report of the value thereof to the supreme court within one hundred days from the date of their qualification. ~ 12. The persons or corporations whose property shall have been taken by condemnation and who shall have agreed upon the compensation to be paid therefor in settlement of the proceeding, or to whom an award of compensation shall have been made by the supreme court, shall be entitled to payment of the agreed or awarded compensation within three calendar months after the date of the agreement upon the amount of the compensation or of the entry of the order confirming the report of the commissioners of appraisal, together with interest upon the amount of such compensation from the time of the entry and appropriation thereof by the port authority, to the date of payment of such compensation; but such interest shall cease upon the service by the port authority, upon the person or corporation entitled thereto, of a fifteen days' notice that the port authority is ready and willing to pay the amount of such compensation upon the presentation of proper proofs and vouchers. Such notice shall be served personally or by registered mail and publication thereof at least once a week for three successive 83 weeks in a daily newspaper, published in the county of New York. ~ 13. The port authority may, at its option, acquire such real property or interest therein within the state of New York, under the general condemnation law. ~ 14. The term real property as used in this act is defined to include lands, structures, franchises and interest in land, including lands under water and riparian rights, and any and all other things and rights usually included within the said term, and includes also any and all interests in such property less than full title, such as easements, rights of way, uses, leases, licenses and all other incorporeal hereditaments and every estate, interest or right, legal or equitable, including terms for years and liens thereon by way of judgments, mortgage or otherwise, and also all claims for damage for such real estate. ~ 15. Any powers herein granted to the port authority shall be regarded as in aid of and supplemental to and in no case as a limitation upon any of the powers vested in it by the states of New Jersey and New York and/or by congress. ~ 16. If any term or provision of this act shall be declared unconstitutional or ineffective in whole or in part by a court of competent jurisdiction, then to the extent that it is not unconstitutional or ineffective such term or provision shall be enforced and effectuated nor shall such determination be deemed to invalidate the remaining terms or provisions hereof. ~ 17. For the preliminary work necessary for making borings, surveys, engineering studies, investigations, hearings and all matters incidental or appertaining thereto, the sum of fifty thousand dollars ($50,000), or so much: thereof as may be necessary, is hereby appropriated out. 84 of any moneys in the state treasury not otherwise appro. priated. The money hereby appropriated shall be paid out by the state treasurer on the warrant of the comptroller of the treasury, upon vouchers signed by the chairman of the said port authority. The said sum shall be paid back to the state when the cost of construction of said bridge shall have been fully paid for and the debt or debts created for such purpose amortized. ~ 18. This act shall take effect immediately. LAWS OF NEW JERSEY, 1924 CHAPTER 125 AN ACT relating to the construction, operation and maintenance, by the Port of New York Authority, of a certain bridge for vehicular or other traffic across the Arthur Kill between Perth Amboy on the New Jersey side and Tottenville on the New York side pursuant to the port compact or treaty dated April thirtieth, one thousand nine hundred and twenty-one, and consented to by the Congress of the United States, and the comprehensive plan adopted by the States of New Jersey and New York, consented to and which the Port of New York Authority was authorized and empowered to carry out and effectuate by the Congress of the United States and making an appropriation of fifty thousand dollars ($50,000) for borings, surveys and plans. BE IT ENACTED by the Senate and General Assembly of the State of New' Jersey: 1. In partial effectuation of the comprehensive plan for the development of the port of New York, and of section four thereof, adopted by the States of New Jersey 85 and New York by chapter 9, Laws of New Jersey, 1922, and chapter 43, Laws of New York, 1922, which was consented to and which the Port of New York authority was authorized and empowered to carry out and effectuate by the Congress of the United States by Public Resolution No. 66, 67th Congress, H. J. Res. 337, and of the port compact or treaty between the two States dated April thirtieth, one thousand nine hundred and twenty-one, authorized and approved by chapter 151, Laws of New Jersey, 1921, and chapter 154, Laws of New York, 1921, and consented to by the Congress of the United States by Public Resolution No. 17, 67th Congress, S. J. Res. 88, the Port of New York Authority (hereinafter called the Port Authority )is authorized and empowered to construct, operate, maintain and own a bridge, with the necessary approaches thereto, across the Arthur Kill, between Perth Amboy on the New Jersey side and Tottenville on the New York side. 2. The plan of the approaches at either end of the tunnels and bridges, which shall include any highway extension or changes which the Port Authority shall deem convenient or necessary, shall be subject to the approval of the respective municipalities in which they shall be located. Except as so limited the Port Authority shall determine the site, size, type and method of construction of such bridge and approaches and all matters pertaining thereto. 3. The Port Authority is authorized to make and enforce such rules and regulations and to establish and levy such charges and tolls as it may deem convenient or necessary for the operation and maintenance of the said bridge and to insure at least sufficient revenue to meet the expenses of the construction, operation and maintenance thereof, and to make provision for the payment of the interest upon and amortization and retirement of such bonds or other securities or obligations as, J 86 it may issue or incur for the purposes of this act, as here inafter provided. There shall be allocated to the cost of construction, operation and maintenance of the bridge such proportion of the general expenses of the Port Authority as it shall deem properly chargeable thereto. 4. The said bridge shall be built and paid for in whole or in part out of moneys to be raised by the Port Authority on bonds or other securities or obligations issued or incurred by it pursuant to Article VI of the said compact or treaty. The said bonds or other securities and any other obligations which the Port Authority may incur shall be issued and incurred upon such terms and conditions as the Port Authority may deem proper. As security therefor the Port Authority is authorized and empowered to pledge the revenues and tolls arising out of the use! of the bridge until such time as the sums borrowed therefor are fully amortized and repaid. 5. If, for any of the purposes hereunder, the Port Au thority shall find it necessary or convenient for it to acquire title to or any lesser interest in real property as herein defined, in this State, then the Port Authority may find and determine that such property is required for a public use, and upon such due determination the said property shall be and shall be deemed to be required for such a public use; and with the exceptions hereinafter specifically noted the said determination or fact shall not be affected by the fact that such property has theretofore been taken for, or is now devoted to, a public use; but the public use in the hands or under the control of the Port Authority shall be deemed superior to the public use in the hands of any other person, association or corporation. If the Port Authority is unable to agree for the purchase of any such property, or if the owner thereof shall be incapable of selling the same, or if, after diligent search and inquiry, the name and residence of any such owner cannot be ascertained, or if title to any 87 such property has been acquired or attempted to be acquired and has been found to be invalid or defective, the Port Authority may acquire title to all such property by condemnation under and pursuant to the provisions of this act. 6. Anything in this act to the contrary notwithstanding, no property now or hereafter vested in or held by any county, city, borough, village, township or other municipality shall be taken by the Port Authority, without the authority or consent of such county, city, borough, village, township or other municipality, nor shall anything herein impair or invalidate in any way any bonded indebtedness of the State, or such county, city, borough, village, township or other municipality, nor impair the provisions of law regulating the payment into sinking funds of revenues derived from municipal property, or dedicating the revenues derived from any municipal property to a specific purpose. The Port Authority is hereby authorized and empowered to acquire from such county, city, borough, village, township or other municipality, by agreement therewith, and such county, city, borough, village, township or other municipality is hereby authorized and empowered to grant and convey for such consideration as it may deem wise, any real property which may be necessary for the construction, operation and maintenance of the bridge and the approaches thereto, including such lands, structures or interests therein as have already been devoted to a public use. The State of New Jersey hereby consents to the use and occupation of the lands of the State necessary for the construction, operation and maintenance of the said bridge and the approaches thereto, including lands of the State lying under the waters of the Arthur Kill. 7. When title or any interest in real property within kthis State is sought to be acquired by condemnation, the 88 Port Authority shall cause a survey and map to be made thereof, and shall cause such survey and map to be filed in its office. The said Port Authority and its duly authorized agents and employees may enter upon such property for the purpose of making such survey and map. There shall be annexed to such survey and map a certificate executed by the chief engineer of the Port Authority stating that the property or interest therein described in such survey and map are necessary for its purposes. Such survey and map shall also contain such written descriptions noted thereon or attached thereto as shall designate the nature of the interest in such lands so to be acquired, whether in fee or by easement or other interest therein, and shall likewise contain the name of the owner of record or of any person having any interest of record in said lands. 8. A copy of the said survey and map shall be filed in the office of the clerk of the Court of Common Pleas of the county or counties where such lands are situated, and likewise in the office of the clerk of the Supreme Court of New Jersey, and such filing shall have the effect of and be a lis pendens and be notice to all parties having interest in the real property described in the said survey and map or in the proceedings. Thereupon there shall be served upon all the parties in interest in any one parcel of land a notice in the fo(llowing form: In the Supreme Court of the State of New Jersey, The State of New Jersey to......................... You are hereby notified that there has been filed in the clerk's office of the county of................a survey and map and description of certain lands and premises in which you claim to have an interest, which lands have been acquired by the Port of New York Authority, pursuant to authority conferred upon said agency by law, and you are hereby required within twenty (20) days after service of this notice to file in the office of the clerk of the Supreme Court at Trenton an answer hereto, setting out in full the nature of your claim or interest in the said lands, and likewise the amount of damages claimed or sustained by you by reason of the taking of said lands. The lands in which you are said to claim an interest are described in said map as follows: (Insert Description.) Witness,.............., Chief Justice of the Supreme Court of New Jersey, at Trenton, this................. day of............., 192.... Attested:.................... Clerk of the Supreme Court. Said notice shall be tested as summonses are tested in actions at law in the Supreme Court. They shall be served upon all persons having any interest of record in the said lands. Such service may be made either by personally serving a copy of such notice upon the person addressed therein or by leaving a copy thereof at his usual place of business with some person or agent in charge thereof, or by leaving a copy thereof at his residence with some member of his family above the age of fourteen years. In case of inability to make such service, then service may be made by setting up on the lands so to be acquired or condemned a copy of such notice and by publishing a copy thereof at least four: times within a space of twenty days in a newspaper printed and circulated in the county or counties where such lands are situated, and by mailing a copy of such notice to the last known address of such party in interest, if the same can be ascertained. There shall also be published in a newspaper printed or circulated in the county or counties where such lands are situated a notice in substantially the following form: 90 CONDEMNATION OF LANDS. To all persons having an interest in lands situated (insert short description either by street and number or other description that will identify the lands to be taken). Take notice that The Port of New York Authority has filed a survey and map and description in the clerk's office in the county of................. and proposes to acquire for public use the above described lands, and if you claim any interest therein you are required to file within twenty (20) days of the date hereof an answer setting out in full the nature of your claim or interest in the said lands and likewise the amount of damages claimed or sustained by you by reason of the taking of such lands. Dated.................... Signed,.................. Chairman of The Port of New York Authority. The said notice, together with an affidavit describing the manner of service thereof and a copy of the published notice above described with the manner of publication thereof, shall thereupon be filed in the office of the Clerk of the Supreme Court and such service or publication as above described shall be deemed to be notice to all persons having an interest in such lands. Compliance with the foregoing requirements shall constitute service of such notice, but if the address of any person having any interest of record cannot be ascertained, mailing such notice shall not be necessary to effect service thereof. 9. Upon the filing of such survey and map and the service or publication of such notice and the filing of proof thereof as above prescribed, the Port Authority may enter upon and use and occupy for its purposes all the parcels of real estate described in the proceedings 91 for the condemnation thereof, unless the Supreme Court shall otherwise determine as hereinafter provided. Such survey and map and notice and proof of service or publication so filed shall be conclusive evidence of such entry and appropriation and of the quantity and boundaries of the property appropriated. 10. Twenty (20) days after such service and publication shall have been made as aforesaid, all persons having an interest in such lands shall, pursuant to such notice, file an answer with the Clerk of the Supreme Court as required in said notice, setting out in full the nature of their claim or interest in the said lands, and likewise the amount of damages claimed or sustained by them by reason of the taking of said lands. Persons other than those of record claiming an interest in such lands may be made parties to the proceedings in the Supreme Court by the service of such notice and publication as provided herein, and any person claiming an interest not made a party may, upon petition, be made a party to the proceedings at any time before the hearing and determination by the justice. 11. The Port Authority shall, within twenty (20) days after the time for filing such answers shall have expired, or upon its failure so to do, any party so answering may apply either to the Chief Justice of the Supreme Court or to the justice holding the circuit in which such lands or any part thereof are situated, for leave to bring on before him upon a day to be fixed by such justice a hearing upon the claims so filed, or in case no claims are filed to fix the amount to be paid for such lands. The justice shall proceed to hear and determine the validity of any such claim, and shall settle the interests of all the parties claiming an interest in any parcel of land, the amount of damages to be paid therefor, and the amounts to be apportioned among the claimants thereof, according to their interests in such lands. 12. In order to advise the said justice, he may appoint three commissioners to view said lands and to advise nim what damages, if any, should be assessed for the taking of such lands. The commissioners shall proceed under such directions and rules as shall from time to time be fixed by the said justice to view the lands, to hear such evidence as they may desire, and to fix such sum, if any, that in their judgment will represent the fair value of the lands so taken. The said justice may review such findings and shall not be bound thereby, but may alter or reject such findings in such manner as will, in his judgment, fairly protect the interests of the parties and of the State, and such review may be made either with or without further hearing. The commissioners so appointed to advise said justice shall make their report to him within one hundred (100) days from the date of their qualification. After the said justice shall have heard and determined the validity of such claims and settled the interests of all the parties therein and the amount of compensation, if any, to be paid therefor, and to whom such compensation shall be paid, he shall forthwith file such determination in the office of the clerk of the Supreme Court and such determination shall thereafter have the same force and.effect as 'a judgment entered in the Supreme Court and shall foreclose the interest of all and every party claiming or having an interest in such lands. If any person having an interest in such lands cannot be found or shall be a minor or under other disability to act in his own behalf, then the compensation due to such person shall be paid to the clerk of the Supreme Court and held by him until further order of said court. In all proceedings before such justice he shall have the ultimate determination of all facts in such proceedings, but an appeal may be taken by writ of error to the Court of Errors and Appeals upon any question of law involved in the proceedings. 93 13. The persons or corporations whose property shall have been taken by condemnation and who shall have agreed upon the compensation to be paid therefor in settlement of the proceeding, and to whom an award of compensation shall have been made by the Supreme Court, shall be entitled to payment of the agreed or awarded compensation within three calendar months after the date of the agreement upon the amount of the compensation or upon the entry of the order therefor, together with interest upon the amount of such compcnsation from the time of the entry and appropriation thereof by the Port Authority to the date of payment of such compensation; but such interest shall cease upon the service by the Port Authority, upon the person or corporation entitled thereof, of a fifteen days' notice that the Port Authority is ready and willing to pay the amount of such compensation upon the presentation of proper proofs and vouchers. Such notice shall be served in the same manner as provided in section eight for the service of the notice of the condemnation proceedings. 14. The term real property as used in this act is defined to include lands, structures, franchises and interest in land, including lands under water and riparian rights, and any and all other things and rights usually included within the said term, and includes also any and all interests in such property less than full title, such as easements, rights of way, uses, leases, licenses and all other incorporeal hereditaments and every estate, interest. or right, legal or equitable, including terms for years and liens thereon by way of judgments, mortgage or otherwise, and also all claims for damage for such real estate. 15. Any powers herein granted to the Port Authority shall be regarded as in aid of and supplemental to and in no case as a limitation upon any of the powers vested in it by the States of New Jersey and New York and or by Congress. ") I 16. If any term or provision of this act shall be declared unconstitutional or ineffective in whole or in part by a court of competent jurisdiction, then to the extent that it is not unconstitutional or ineffective such term or provision shall be enforced and effectuated; nor shall such determination be deemed to invalidate the remaining terms or provisions hereof. 17. For the preliminary work necessary for making borings, surveys, engineering studies, investigations, hearings and all matters incidental or appertaining thereto, the sum of fifty thousand dollars ($50,000), or so much thereof as may be necessary, is hereby appropriated out of any moneys in the State treasury not otherwise appropriated. The moneys hereby appropriated shall be paid out by the State Treasurer on the warrant of the Comptroller of the Treasury, upon vouchers signed by the chairman of the said Port Authority. The said sum shall be paid back to the State when the cost of construction of said bridge shall have been fully paid for and the debt or debts created for such purpose amortized. 18. This act shall take effect immediately. Approved March 11, 1924. 95 LAWS OF NEW YORK, 1924 CHAPTER 186 AN ACT relating to the construction, operation and maintenance by the Port of New York Authority of a certain bridge across the Arthur kill, between Howland Hook, Staten Island on the New York side, and Elizabeth on the New Jersey side, pursuant to the port compact or treaty dated April thirtieth, nineteen hundred and twenty-one, and consented to by the congress of the United States, and the comprehensive plan adopted by the states of New York and New Jersey, consented to and which the Port of New York Authority was authorized and empowered to carry out and effectuate by the congress of the United States, and making an appropriation of fifty thousand dollars for borings, surveys and plans. Became a Law April 18, 1924, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. In partial effectuation of the comprehensive plan for the development of the port of New York, and of section four thereof, adopted by the states of New York and New Jersey by chapter forty-three, laws of New York, nineteen hundred and twenty-two, and chapter nine, laws of New Jersey, nineteen hundred and twenty-two, which was consented to and which the port of New York authority was authorized and empowered to carry out and effectuate by the Congress of the United States by public resolution number sixty-six, sixty-seventh congress, house joint resolution three hundred and thirtyseven, and of the port compact or treaty between the two 96 states dated April thirty, nineteen and twenty-one, authorized and approved by chapter one hundred and fiftyfour, laws of New York, nineteen hundred and twentyone, and chapter one hundred and fifty-one, laws of New Jersey, nineteen hundred and twenty one, and consented to by the congress of the United States by public resolution number seventeen, sixty-seventh congress, senate joint resolution eighty-eight, the port of New York authority (hereinafter called the port authority) is authorized and empowered to construct, operate, maintain and own, a bridge, with the necessary approaches thereto, across the Arthur kill, between Howland Hook, Staten Island, on the New York side, and Elizabeth on the New Jersey side. ~ 2. The plan of the approaches at either end of the bridge, which shall include any highway extension or changes which the port authority shall deem convenient or necessary, shall be subject to the approval of the recpective municipalities. in which it shall be located. Except as so limited the port. authority shall determine the site, size, type and method of construction of such bridge and approaches and all matters pertaining thereto. ~ 3. The port authority is authorized to make and enfcrce such rules and regulations and to establish and levy such charges and tolls as it may deem convenient or necessary for the operation and maintenance of the said bridge and to insure at least sufficient revenue to meet the expenses of the construction, operation and maintenance thereof, and to make provision for the payment of the interest upon and amortization and retirement of such bonds or other securities or obligations; as it may issue or incur for the purposes of this act, as hereinafter provided. There shall be allocated to the cost of construction, operation and maintenance of the bridge such proportion of the general expenses of the port authority as it shall deem properly chargeable thereto. 97 ~ 4. The said bridge shall be built and paid for in whole or in part out of monies to be raised by the port authority on bonds or other securities or obligations issued or incurred by it pursuant to article six of the said compact or treaty. The said bonds or other securities and any other obligations which the port authority may incur shall be issued and incurred upon such terms and conditions as the port authority may deem proper. As security therefor the port authority is authorized and empowered to pledge the revenues and tolls arising out of the use of the bridge until such time as the sums borrowed therefor are fully amortized and repaid. ~5. If, for any of the purposes hereunder, the port authority shall find it necessary or convenient for it to acquire title to or any lesser interest in real property as herein defined, in this state, then the port authority may find and determine that such property is required for a public use, and upon such due determination, the said property shall be and shall be deemed to be required for such a public use; and with the exceptions hereinafter specifically noted the said determination or fact shall not be affected by the fact that such property has theretofore been taken for, or is now devoted to, a public use; but the public use in the hands or under the control of the port authority shall be deemed superior to the public use in the hands of any other person, association or corporation. If the port authority is unable to agree for the purchase of any such property, or if the owner thereof shall be incapable of selling the same, or if, after diligent search and inquiry, the name and residence of any such owner cannot be ascertained, or if title to any such property has been acquired or attempted to be acquired and has been found to be invalid or defective, the port authority may acquire title to all such property by condemnation under and pursuant to the provisions of this act. 98 ~ 6. Anything in this act to the contrary notwithstanding, no property now or hereafter vested in or held by any county, city, borough, village, township or other municipality shall be taken by the port authority, without the authority or consent of such county, city, borough, village, township or other municipality, nor shall anything herein impair or invalidate in any way any bonded indebtedness of the state, or such county, city, borough, village, township or other municipality, nor impair the provisions. of law regulating the payment into sinking funds of revenues derived from municipal property, or dedicating the revenues derived from any municipal property to a specific purpose. The port authority is hereby authorized and empowered to acquire from such county, city, borough, village, township, or other municipality, by agreement therewith, and such county, city, borough, village, township or other municipality is hereby authorized and empowered to grant and convey for such consideration as it may deem wise, any real property which may be necessary for the construction, operation and maintenance of the bridge and the approaches thereto, including such lands, structures or interests therein as have already been devoted to a public use. The state of New York hereby consents to the use and occupation of the lands of the state necessary for the construction, operation and maintenance of the said bridge and the approaches thereto, including lands of the state lying under the waters of the Arthur kill. ~ 7. When title or any interest in real property within this state is sought to be acquired by condemnation, the port authority shall cause a survey and map to be made thereof, and shall cause such survey and map to be filed in its office. The said port authority and its duly authorized agents and employees may enter upon such property for the purpose of making such survey and map. There shall be annexed to such survey and map a certificate 99 executed by the chief engineer of the port authority stating that the property or interest therein described in such survey and map are necessary for its purposes. ~ 8. Upon filing such survey and map the port authority shall petition the supreme court in the county where such property is located for the condemnation of such property or interest therein, as have not been otherwise acquired. The said petition shall be in the form prescribed by section four of the condemnation law except as herein provided to the contrary. Such petition, together with a notice of pendency of the proceeding, shall be filed in the office of the county clerk of the said county and shall be indexed and recorded as provided by law. A copy of the said petition together with a notice of the presentation thereof to a special term of the supreme court shall be served upon the owners as provided in sections five and six of the condemnation law. ~ 9. The port authority shall cause a duplicate of the said petition and notice of presentation thereof, together with a duplicate original affidavit of the service thereof, to be recorded in the books used for recording deeds in the office of the register of deeds of the county wherein the said property described in such notice is situated, and the record of such notice shall be prima facie evidence of due service thereof. Upon the service of such petition and notice of presentation, the port authority may enter upon and use and occupy for its purposes all the parcels of real estate described in the proceedings for the condemnation thereof, unless the supreme court shall otherwise determine as hereinafter provided. Such petition and notice so recorded shall be conclusive evidence of such entry and appropriation and of the quantity and boundaries of the property appropriated. ~ 10. The proceedings thereafter shall be in the manner prescribed by the condemnation law so far as consistent herewith. 100 ~ 11. The commissioners appointed to ascertain and determine the compensation which ought justly to be made to the owners of property or interests therein appraised by them as provided in section thirteen of the condemnation law shall make their report of the value thereof to the supreme court within one hundred days from the date of their qualification. ~ 12. The persons or corporations whose property shall have been taken by condemnation and who shall have agreed upon the compensation to be paid therefor in settlement of the proceedings, or to whom an award of compensation shall have been made by the supreme court, shall be entitled to payment of the agreed or awarded compensation within three calendar months after the date of the agreement upon the amount of the compensation or of the entry of the order confirming the report of the commissioners of appraisal, together with interest upon the amount of such compensation from the time of the entry and appropriation thereof by the port authority, to the date of payment of such compensation; but such interest shall cease upon the service of the port authority, upon the person or corporation entitled thereto, of a fifteen days' notice that the port authority is ready and willing to pay tle amount of such compensation upon the presentation of proper proofs and vouchers. Such notice shall be served personally or by registered mail and publication thereof at least once a. week for three successive weeks in a daily newspaper, published in the county of New York. ~ 13. The port authority may, at its option, acquire such real property or interest therein within the state of New York, under the general condemnation law. ~ 14. The term real property as used in this act is defined to include lands, structures, franchises and interest in land, including lands under water and riparian rights, and any and all other things and rights usu-' 101 ally included within the said term, and includes also any and all interests in such property less than full title, such as easements, rights of way, uses, leases, licenses and all other incorporeal hereditaments and every estate, interest or right, legal or equitable, including terms for years and liens thereon by way of judgments, mortgage or otherwise, and also all claims for damage for such real estate. ~ 15. Any powers herein granted to the port authority shall be regarded as in aid of and supplemental to and in no case as a limitation upon any of the powers vested in it by the states of New Jersey and New York and or by congress. ~ 16. If any term or provision of this act shall be. declared unconstitutional or ineffective in whole or in part by a court of competent jurisdiction, then to the extent that it is not unconstitutional or ineffective such term or provision shall be enforced and effectuated nor shall such determination be deemed to invalidate the remaining terms or provisions hereof. ~ 17. For the preliminary work necessary for making borings, surveys, engineering studies, investigations, hearings and all matters incidental or appertaining thereto, the sum of fifty thousand dollars ($50,000), or so much thereof as may be necessary, is hereby appropriated out of any moneys in the state treasury not. otherwise appropriated. The moneys hereby appropriated shall be paid out by the state treasurer on the warrant of the comptroller of the treasury, upon vouchers signed by the chairman of the said port authority. The said sum shall be paid back to the state when the cost of construction of said bridge shall have been fully paid for and the debt or debts created for such purpose amortized. ~ 18. This act shall take effect immediately. LA:WS OF NEW JERSEY, 1924 CHAPTER 149' AN ACT relating to the construction, operation and maintenance of a certain bridge across the Arthur Kill between Elizabeth on the New Jersey side and Howland Hook on the New York side, by the Port of New York Authority, pursuant to the port compact or treaty dated April thirtieth, one thousand nine hundred and twenty-one, and consented to by the Congress of the United States, and the comprehensive plan adopted by the States of New Jersey and New York, consented to and which the Port of New York Authority was authorized and empowered to carry out and effectuate by the Congress of the United States, and making an appropriation of $50,000 for the preliminary work necessary for making borings, surveys, engineering studies, investigations, hearings and all matters incidental or appertaining thereto. BE IT ENACTED by the Senate and General Assembly of the State of Ncew Jersey: 1. In partial effectuation of the comprehensive plan for the development of the port of New York, and of section four thereof, adopted by the State of New Jersey and New York by chapter 9, Laws of New Jersey, 1922, and chapter 43, Laws of New York, 1922, which was consented to and which the Port of New York Authority was authorized and empowered to carry out and effectuate by the Congress of the United States by Public Resolution No. 66, 67th Congress, H. J. Res. 337, and of the port compact or treaty between the two States dated April thirtieth, one thousand nine hundred and twentyone, authorized and approved by chapter 151, Laws of New Jersey, 1921, and chapter 154, Laws of New York, 103 1921, and consented to by the Congress of the United States by Public Resolution No. 17, 67th Congress, S. J. Res. 88, the Port of New York Authority (hereinafter called the Port Authority) is authorized and empowered to construct, operate, maintain and own a bridge, with the necessary approaches thereto, across the Arthur Kill, between Elizabeth on the New Jersey side and Howland Hook on the New York side. 2. The plan of the approaches at either end of the bridge, which shall include any highway extension or changes which the Port Authority shall deem convenient or necessary, shall be subject to the approval of the respective municipalities in which they shall be located. Except as so limited the Port. Authority shall determine the site, size, type and method of construction of such bridge and approaches and all matters pertaining thereto. 3. The Port Authority is authorized to make and enforce such rules and regulations and to establish and levy such charges and tolls as it may deem convenient or necessary for the operation and maintenance of the said bridge and to insure at. least sufficient revenue to meet the expenses of the construction, operation and maintenance thereof, and to make provision for the payment of the interest upon and amortization and retirement of such bonds or other securities or obligations as it may issue or incur for the purposes of this act, as hereinafter provided. There shall be allocated to the cost of construction, operation and maintenance of the bridge such proportion of the general expenses of the Port Authority as it shall deem properly chargeable thereto. 4. The said bridge shall be built and paid for in whole or in part out of moneys to be raised by the Port Authority on bonds or other securities or obligations issued or incurred by it pursuant to Article VI of the said compact or 104 treaty. The said bonds or otlier securities and any otlher obligations which the Port Authority may incur shall be issued and incurred upon such terms and conditions as the Port Authority may deem proper. As security therefor the Port Authority is authorized and empowered to pledge the revenues and tolls arising out of the use of the bridge until such time as the sums borrowed therefor are fully amortized and repaid. 5. If, for any of the purposes hereunder, the Port Authority shall find it necessary or convenient for it to acquire title to or any lesser interest in real property as herein defined, in this State, then the Port Authority may find and determine that such property is required for a public use, and upon such due determination, the said property shall be and shall be deemed to be required for such a public use; and with the exceptions hereinafter specifically noted the said determination or fact shall not be affected by the fact that such property has theretofore been taken for, or is now devoted to, a public use; but the public use in the hands or under the control of the Port Authority shall be deemed superior to the public use in the hands of any other person, association or corporation. If the Port Authority is unable to agree for the purchase of any such property, or if the owner thereof shall be incapable of selling the same, or if, after diligent search and inquiry, the name and residence of any such owner cannot be ascertained, or if title to any such property has been acquired or attempted to be acquired and has been found to be invalid or defective, the Port Authority may acquire title to all such property by condemnation under and pursuant to the provisions of this act. 6. Anything in this act to the contrary notwithstanding, no property now or hereafter vested in or held by any county, city, borough, village, township; or other municipality shall be taken by the Port Authority, with 105 out the authority or consent of such county, city, borough, village, township or other municipality, nor shall anything herein impair or invalidate in any way any bonded indebtedness of the State, or such county, city, borough, village, township or other municipality, nor impair the provisions of law regulating the payment into sinking funds of revenues derived from municipal property, or dedicating the revenues derived from any municipal property to a specific purpose. The Port Authority is hereby authorized nad empowered to acquire from such county, city, borough, village, township, or other municipality, by agreement therewith, and such county, city, borough, village, township or other municipality is hereby authorized and empowered to grant and convey for such consideration as it may deem wise, any real property which may be necessary for the construction, operation and maintenance of the bridge and the approaches thereto, including such lands, structures or interests therein as have already been devoted to a public use. The State of New Jersey hereby consents to the use and occupation of the lands of the State necessary for the construction, operation and maintenance of the said bridge and approaches thereto, including lands of the State lying under waters of the Arthur Kill. 7. When title or any interest in real property within this State is sought to be acquired by;condemnation, the Port Authority shall cause a survey and map to be made thereof, and shall cause such survey and map to be filed in its office. The said Port Authority and its duly authorized agents and employees may enter upon such property for the purpose of making such survey and map. There shall be annexed to such survey and map a certificate executed by the chief engineer of the Port Authority stating that the property or interest therein described in such survey and map are necessary for its purposes. Such survey and map shall also contain such written descrip 106 tions noted thereon or attached thereto as shall designate the nature of the interest in such lands so to be acquired, whether in fee or by easement or other interest therein, and shall likewise contain the name of the owner of record or of any person having any interest of record in said lands. 8. A copy of the said survey and map shall be filed in the office of the clerk of the Court of Common Pleas of the county or counties where such lands are situated, and likewise in the office of the clerk of the Supreme Court of New Jersey, and such filing shall have the effect of and be a lis pendens and be notice to all parties having interest in the real property described in the said survey and map or in the proceedings. Thereupon there shall be served upon all the parties in interest in any one parcel of land a notice in the following form: In the Supreme Court of the State of New Jersey. The State of New Jersey to......................... You are hereby notified that there has been filed in the clerk's office of the county of....................... a survey and map and description of certain lands and premises in which you claim to have an interest, which lands have been acquired by the Port of New York Authority, pursuant to authority conferred upon said agency by law, and you are hereby required within twenty (20) days after service of this notice to file in the office of the clerk of the Supreme Court at Trenton an answer hereto, setting out in full the nature of your claim or interest. in the said lands, and likewise the amount of damages claimed or sustained by you by reason of the taking of said lands. The lands in which you are said to claim an interest are described in said map as follows: (Insert description.) 107 W itness,........................ Chief Justice of the Supreme Court of New Jersey, at Trenton, this.......... day of.............., 192.. Attested:........................... Clerk of the Supreme Court. Said notice shall be tested as summonses are tested in actions at law in the Supreme Court. They shall be served upon all persons having any interest of record in the said lands. Such service may be made either by personally serving a copy of such notice upon the person addressed therein or by leaving a copy thereof at his usual place of business with some person or agent in charge thereof, or by leaving a copy thereof at his residence with some member of his family above the age of fourteen years. In case of inability to make such service, then service may be made by setting up on the lands so to be acquired or condemned a copy of such notice and by publishing a copy thereof at least four times within a space of twenty days in a newspaper printed or circulated in the county or counties where such lands are situated, and by mailing a copy of such notice to the last known address of such party in interest, if the same can be ascertained. There shall also be published in a newspaper printed or circulated in the county or counties where such lands are situated a notice in substantially the following form: Condemnation of Lands To all persons having an interest in lands situated (insert short description either by street and number or other description that will identify the lands to be taken), Take notice that The Port of New York Authority has filed a survey and map and description in the clerk's 108 office in the county of.................... and proposes to acquire for public use the above described lands, and if you claim any interest therein you are required to file within twenty (20) days of the date hereof an answer setting out in full the nature of your claim or interest in the said lands and likewise the amount of damages claimed or sustained by you by reason of the taking of such lands. Dated.......................... Signed........................ Chairman of The Port of New York Authority. The said notice, together with an affidavit describing the manner of service thereof and a copy of the published notice above described with the manner of publication thereof, shall thereupon be filed in the office of the Clerk of the Supreme Court and such service or publication as above described shall be deemed to be notice to all persons having an interest in such lands. Compliance with the foregoing requirements shall constitute service of such notice, but if the address of any person having any interest of record cannot be ascertained, mailing such notice shall not be necessary to effect service thereof. 9. Upon the filing of such survey and map and the service or publication of such notice and the filing of proof thereof as above prescribed, the Port Authority may enter upon and use and occupy for its purposes all the parcels of real estate described in the proceedings for the condemnation thereof, unless the Supreme Court shall otherwise determine as hereinafter provided. Such survey and map and notice and proof of service or publication so filed shall be conclusive evidence of such entry and appropriation and of the quantity and boundaries of the property appropriated. 109 10. Twenty (20) days after such service and publication shall have been made as aforesaid, all persons having an interest in such lands shall, pursuant to such notice, file an answer with the Clerk of the Supreme Court as required in said notice, setting out in full the nature of their claim or interest in the said lands, and likewise the amount of damages claimed or sustained by them by reason of the taking of said lands. Persons other than those of record claiming an interest in such lands may be made parties to the proceedings in the Supreme Court by the service of such notice and publication as provided herein, and any person claiming an interest not made a party may, upon petition, be made a party to the proceedings at any time before the hearing and determination by the justice. 11. The Port Authority shall, within twenty (20) days after the time for filing such answers shall have expired, or upon its failure so to do, any party so answering may apply either to the Chief Justice of the Supreme Court or to the justice holding the circuit in which such lands or any part thereof are situated, for leave to bring on before him upon a day to be fixed by such justice a hearing upon the claims so filed, or in case no claims are filed to fix the amount to be paid for such lands. The justice shall proceed to hear and determine the validity of any such claim, and shall settle the interests of all the parties claiming an interest in any parcel of land, the amount of damages to be paid therefor, and the amounts to be apportioned among the claimants thereof, according to their interests in such lands. 12. In order to advise the said justice, he may appoint three commissioners to view said lands and to advise him what damages, if any, should be assessed for the taking of such lands. The commissioners shall proceed under such directions and rules as shall from time to time be 110 fixed by the said justice to view the lands, to hear such evidence as they may desire, and to fix such sum, if any, that in their judgment will represent the fair value of the lands so taken. The said justice may review such findings and shall not be bound thereby, but may alter or reject such findings in such manner as will, in his judgment, fairly protect the interests of the parties and of the State, and such review may be made either with or without further hearing. The commissioners so appointed to advise said justice shall make their report to him within one hundred (100) days from the date of their qualification. After the said justice shall have heard and determined the validity of such claims and settled the interests of all the parties therein and the amount of compensation, if any, to be paid therefor, and to whom such compensation shall be paid, he shall forthwith file such determination in the office of the clerk of the Supreme Court and such determination shall thereafter have the same force and effect as a judgment entered in the Supreme Court and shall foreclose the interest of all and every party claiming or having an interest in such lands. If any person having an interest in such lands cannot be found or shall be a minor or under other disability to act in his own behalf, then the compensation due to such person shall be paid to the clerk of the Supreme Court and held by him until further order of said court. In all proceedings before such justice, he shall have the ultimate determination of all facts in such proceedings, but an appeal may be taken by writ of error to the Court of Errors and Appeals, upon any question of law involved in the proceedings. 13. The persons or corporations whose property shall have been taken by condemnation and who shall have agreed upon the compensation to be paid therefor in settlement of the proceeding, or to whom an award of 111 compensation shall have been made by the Supreme Court, shall be entitled to payment of the agreed or awarded compensation within three calendar months after the date of the agreement upon the amount of the compensation or upon the entry of the order therefor, together with interest upon the amount of such compensation from. the time of the entry and appropriation thereof by the Port Authority to the date of payment of such compensation; but such interest shall cease upon the service by the Port Authority, upon the person or corporation entitled thereof, of a fifteen days' notice that the Port Authority is ready and willing to pay the amount of such compensation upon the presentation of proper proofs and vouchers. Such notice shall be served in the same manner as provided in section eight for the service of the notice of the condemnation proceedings. 14. The term real property as used in this act is defined to include lands, structures, franchises and interest in land, including lands under water and riparian rights, and any and all other things and rights usually included within the said term, and includes also any and all interests in such property less than full title, such as easements, rights of way, uses, leases, licenses and all other incorporeal hereditaments and every estate, interest or right, legal or equitable, including terms for years and liens thereon by way of judgments, mortgage or otherwise, and also all claims for damage for such real estate. 15. Any powers herein granted to the Port Authority shall be regarded as in aid of and supplemental to and in no case as a limitation upon any of the powers vested in it by the States of New Jersey and New York and or by Congress. 16. If any term or provision of this act shall be declared unconstitutional or ineffective in whole or in part by a court of competent jurisdiction, then to the extent 112 that it is not unconstitutional or ineffective such term or provision shall be enforced and effectuated; nor shall such determination be deemed to invalidate the remaining terms or provisions hereof. 17. For the preliminary work necessary for making borings, surveys, engineering studies, investigations, hearings and all matters incidental or appertaining thereto, the sum of fifty thousand dollars ($50,0001), or so much thereof as may be necessary, is hereby appropriated out of any moneys in the State treasury not otherwise appropriated. The moneys hereby appropriated shall be paid out by the State Treasurer on the warrant of the Comptroller of the Treasury, upon vouchers signed by the chairman of the said Port Authority. The said sum shall be paid back to the State when the cost of construction of said bridge shall have been fully paid for and the debt or debts created for such purpose amortized. 18. This act shall take effect immediately. Approved March 11, 1924. 113 LAWS OF NEW Y ORK, 1925 CHAPTER 210 AN ACT relating to the financing of certain bridges to be constructed between New York and New Jersey by the port of New York authority, and making an appropriation therefor. Became a law April 1, 1925, with the approval of the Governor. Passed, three-fifths being present. The Peoplle of the State' of New York, represented in Senate and Assembly, do enact as followzs: Section 1. In aid of the prompt and economical construction of the bridges which thie port of New York authority, hereinafter called the port authority, has been authorized to construct across the Arthur kill between Perth Amboy on the New Jersey side and Tottenville on the New York side and between Elizabeth on the New Jersey side and Howland Hook on the New York side (by chapters one hundred and twenty-five and one hundred and forty-nine, respectively, laws of New Jersey, nineteen hundred and twenty-four, and chapters two hundred and thirty and one hundred and eighty-six, respectively, laws of New York, nineteen hundred and twenty-four) there is hereby appropriated, subject to the limitations and conditions hereinafter set forth, the sum of eight hundred thousand dollars ($800,000), or so much thereof as may be requisitioned, out of any moneys in the state treasury not otherwise appropriated. The said sum shall be paid out by the state treasurer on the warrant of the comptroller of the treasury to the said port authority upon requisitions signed by the chairman of the said port authority, in two annual installments of four hundred thousand dollars ($400,000) each, the first installment to be available at any time during the fiscal year commencing 114 in nineteen hundred and twenty-five and one other installment to be available during the succeeding fiscal year. During each of the three succeeding fiscal years, the commissioners of the New York state bridge and tunnel commission, constituted by chapter one hundred and seventy-eight of the laws of nineteen hundred and nineteen, shall pay over to the said port authority, upon requisitions signed by the chairman of the said port authority, four hundred thousand dollars ($400,000) in each year from the tolls and charges collected for the use of the tunnels constructed by the said commission, if such suni shall be available after payment of the expenses of maintenance and operation of the said tunnels and the deduction of the share of the surplus over and above such expenses belonging to the state of New Jersey, and if such surplus shall amount to a lesser sum shall pay over such lesser sum and shall pay over the balance of the said installment of four hundred thousand dollars ($400,000) in any subsequent year when it shall be available and shall be requisitioned. Such payments shall be made out of the net revenues of the said tunnels before any payments shall be due or made for amortization of the cost of construction thereof, and upon such payment and the receipt of the chairman of the said port authority, the said tunnel commission shall be wholly and completely discharged from any liability in relation to the sums so paid. If the requisitions made in any one fiscal year shall not in the aggregate equal such installment of four hundred thousand dollars ($400,000), the balance not requisitioned shall be available in any subsequent year during or after the said five year period and in addition to the installment available during such year, except that such part of the appropriation made hereby as is not requisitioned within two years after the passage of this act shall at the end of such two years lapse; provided, however, that after the first installment of the appropriation hereby made has been paid over to the port authority no such subsequent installments either from the appropriation made hereby 115 or from the tunnel moneys shall be paid until the port authority shall have raised on its own obligations and have available for the construction of said bridges an amount of money equal to six times the amount of installments previously paid pursuant to this act, the intent of this proviso being that before payment of any installment hereunder, other than the initial one, money shall have been made available for the construction of said bridges from the obligations of the port authority in an amount at least equal to three times the amount of money paid over to the port authority pursuant to this act and to the legislation complementary hereto of the state of New Jersey. ~ 2. No part of the said sums shall be payable unless and until the state of New Jersey shall undertake to make available to the port authority an equal sum, the intent hereof being that each state shall cause to be paid over or made available to the port authority in not more than five equal annual installments one-half of a total fund of four million dollars ($4,000,000), to be available to the said port authority as an advance for the construction of the said bridges and that the act of the state of New York is conditioned upon the undertaking of the state of New Jersey to provide its half of the said fund within such five year period. ~ 3. The moneys described in this act shall be applied by the port authority to the construction of the bridges hereinbefore mentioned and purposes incidental thereto and to no other purpose whatsoever. The balance of the money needed for the construction of the said bridges and incidental purposes shall be raised by the port authority on its own obligations secured by the pledge of the revenues and tolls arising out of the use of the said bridges, all in accordance with the provision of the laws authorizing and governing the construction and operation of the said bridges. 116 As security for obligations so issued and the moneys so appropriated, the revenues and tolls arising out of the use of the said bridge shall be pledged to the repayment of the entire issue of bonds and other securities for the construction thereof, together with the interests, and the repayment of the moneys appropriated by the state; it being the declared policy of the state that the said bridges, so far as the payment of the bonds or other securities issued for the construction thereof, together with the repayment of the moneys advanced by the state, shall in all respects be selfsustaining. ~ 4. The obligation for moneys so raised by the port authority on its own obligations for the construction of the said bridges and purposes incidental thereto shall constitute a lien upon the revenues and tolls therefrom in accordance with the terms and conditions of law upon which such moneys are raised, and any right or claim of the state, including that arising out of this law, shall be subordinated to such lien. The port authority shall, however, pay into the state treasury annually out of the revenues and tolls from each such bridge a sum equal to four per centum per annum upon the unpaid balance of the amount actually advanced to the port authority hereunder and applied to the respective bridge, as interest for that year, together with at least two per centum of the principal of such advance until the whole sum so advanced is repaid to the state; provided, that the port authority shall not make such payments until it shall have accumulated and only so long as and for the years in which it holds out of the tolls or revenues of such respective bridge or otherwise a reserve fund equal to ten per centum of its own obligations issued in relation to or for the construction of such bridge, over and above the sums required by the terms of such obligations to be set aside for amortization or a sinking fund, and unless in said year the tolls or revenues from the said bridge after the payment of all 117 expenses for operation and maintenance are sufficient to satisfy the interest and other contractual requirements of said obligations, and provided further, that such payments shall not be made into the state treasury unless there shall be available under the same conditions sufficient money to make payment on similar terms to the state of New Jersey and that if there exists such surplus revenue, but insufficient to make complete payment on such terms or conditions both to the states of New York and New Jersey, then such surplus revenue shall be prorated in accordance with the respective unpaid balances of the advances made under the acts of the two states and such prorated sum shall be paid into the state treasury in place and stead of the amount above provided, to be applied first upon the interest for the current year and the balance, if any, in reduction of principal. The intent hereof is that the port authority shall be required to and shall pay interest to the state upon such advances, and or make payments on account of principal, only for the years when, and to the extent that, there shall be available on the conditions herein provided a surplus from the revenues or tolls for the payment of such interest and or principal. ~ 5. The state of New York (the state of New Jersey by appropriate legislation concurring herein) does pledge to and agree with those subscribing to the obligation issued by the port authority for the construction of the said bridges and incidental purposes that the state will not authorize the construction or maintenance of any other highway crossings for vehicular traffic of the waters of the Arthur kill between the two states in competition with the said bridges, nor will it limit or alter the rights now vested in the port authority to establish and levy such charges and tolls as it may deem convenient or necessary to produce sufficient revenue to meet the expense of maintenance and operation and to fulfill the terms of the obligations assumed by it in relation to such bridges, until the said obligations, together with interest thereon, are fully met 118 and discharged, provided that such crossings shall be considered as competitive with the bridges across the Arthur Kill only if they shall form a highway connection for vehicular traffic between the two states across or under the Arthur kill; and provided further, that nothing herein contained shall preclude the authorization of such additional interstate crossings if and when adequate provision shall be made by law for the protection of those advancing money upon the obligations of the port authority for the construction of the bridges mentioned in section one hereof or incidental purposes. ~ 6. The state of New Jersey by appropriate legislation concurring herein, the provisions of this act, together with the provisions complementary thereto in the acts of the legislature of the state of New Jersey, shall constitute a contract or agreement between the two states for the benefit of those lending money to the port authority for the construction of such bridges, and the said port authority on behalf of the state may include in the bonds or other evidences of its obligations issued by it for the construction of the said bridges or incidental purposes such part of this act as shall seem proper as and as evidence of the foregoing agreements made by the state with the holders of the said bonds or other obligations, and thereupon the said terms so included shall become a contract between the state and the holders of the said bonds or other obligations. ~ 7. The construction, maintenance and operation of said bridges is in all respects for the benefit of the people of the two states, for the increase of their commerce and prosperity, and for the improvement of their health and living conditions, and the port authority shall be regarded as performing a governmental function in undertaking the said construction, maintenance and operation and in carrying out the provisions of law relating to the said bridges and shall be required to pay no taxes or assessments upon 119 any of the property acquired by it for the construction, operation and maintenance of such bridges. ~ 8. The obligations which may be issued by the port authority for the construction of the bridges mentioned in section one hereof or for the purposes incidental thereto are hereby made securities in which all public officers and bodies of this state and of its municipal subdivisions, all insurance companies and associations, all savings banks and savings institutions, including savings and loan associations, executors, administrators, guardians, trustees and all other fiduciaries in the state may properly and legally invest the funds within their control. ~ 9. Any powers herein granted to the port authority shall be regarded as in aid of and supplemental to and in no case as a limitation upon any of the powers vested in it by the states of New Jersey and New York and or by congress. ~ 10. If any term or provision of this act shall be declared unconstitutional or ineffective in whole or in part by a court of competent jurisdiction, then to the extent that it is not unconstitutional or ineffective such term or provision shall be enforced and effectuated; nor shall such determination be deemed to invalidate the remaining terms or provisions hereof. ~ 11. This act shall take effect immediately. 120 LAWS OF NEW JERSEY, 1925 CHAPTER 37 AN ACT relating to the financing of certain bridges to be constructed between New York and New Jersey by the Port of New York Authority, and making appropriations therefor. BE IT ENACTED by the Senate and General Assembly of the State of New, Jersey: 1. In aid of the prompt and economical construction of the bridges which the Port of New York Authority, hereinafter called the Port Authority, has been authorized to construct across the Arthur Kill between Perth Amboy on the New Jersey side and Tottenville on the New York side and between Elizabeth on the New Jersey side and Howland Hook on the New York side (by chapters 125 and 149, respectively, Laws of New Jersey, 1924, and chapters 230 and 186, respectively, Laws of New York, 1924), there is hereby appropriated, subject to the limitations and conditions hereinafter set forth, the sum of two million dollars ($2,000,000.00), or so much thereof as may be requisitioned, out of any moneys in the State treasury not otherwise appropriated. The said sum shall be paid out by the State treasurer on the warrant of the Comptroller of the Treasury to the said Port Authority upon requisitions signed by the chairman of the said Port Authority, in five annual installments of four hundred thousand dollars ($400,000.00) each, the first installment to be available at any time during the fiscal year commencing in one thousand nine hundred and twenty-five, and one other installment to be available during each of the four succeeding fiscal years. If the requisitions made in any one fiscal year shall not in the aggregate equal such installment of four hundred thousand dollars ($400,000.00), the balance not requisitioned shall be available in any subsequent year during or after the said five-year period and in addition 121 to any installment available during each year; provided, hocwvcr, that after the first installment of the appropriation hereby made has been paid over to the Port Authority no subsequent installments shall be paid until the Port Authority shall have raised on its own obligations and have available for the construction of said bridges an amount of money equal to six times the amount. of installments previously paid pursuant to this act, the intent of this proviso being that. before payment of any installment hereunder, other than the initial one, money shall have been made available for the construction of said bridges from the oiligations of the Port. Authority in an amount at least equal to three times the amount of money paid over to the Port Authority pursuant to this act and to the legislation complementary hereto of the State of New York. 2. No part of the said appropriation made by the preceding section shall be payable unless and until the State of New York shall make available to the Port Authority an equ il sum, the intent hereof being that each State shall cause to be paid over, or made available to the Port Authority in not more than five equal annual installments one-half of a total fund of four million dollars ($4,000,000.00), to be available to the said Port Authority as an advance for the construction of the said bridges, and that the appropriation of the State of New Jersey is conditioned upon the undertaking of the State of New York to provide its half of the said fund within such five-year period. 3. The moneys appropriated by this act shall be applied by the Port Authority to the construction of the bridges hereinbefore mentioned and purposes incidental thereto and to no other purpose whatsoever. The balance of the money needed for the construction of the said bridges and incidental purposes shall be raised by the Port Authority on its own obligations secured by the pledge of the revenues 122 and tolls arising out of the use of the said bridges, all in accordance with the provisions of the laws authorizing and governing the construction and operation of the said bridges. As security for obligations so issued and the moneys so appropriated, the revenues and tolls arising out of the use of the said bridge shall be pledged to the repayment of the entire issue of bonds and other securities for the construction thereof, together with the interest, and the repayment of the moneys appropriated by the State; it being the declared policy of the State that the said bridges, so far as the payment of the bonds or other securities issued for the construction thereof, together with the repayment of the moneys advanced by the State, shall in all respects be self-sustaining. 4. The obligation for moneys so raised by the Port Authority on its own obligations for the construction of the said bridges and purposes incidental thereto shall constitute a lien upon the revenues and tolls therefrom in accordance with the terms and conditions of law and upon which such moneys are raised, and any right or claim of the State, including that arising out of the appropriation made hereby, shall be subordinated to such lien. The Port Authority shall, however, pay into the State treasury annually out of the revenues and tolls from each such bridge, a sum equal to four per centum per annum upon the unpaid balance of the amount actually advanced to the Port Authority hereunder and applied to the respective bridge, as interest for that year, together with at least two per centum of the principal of such advance until the whole sum so advanced is repaid to the State; provided, that the Port Authority shall not make such payments until it shall have accumulated and only so long as and for the years in which it holds out of the tolls or revenues of such respective bridge or otherwise a reserve fund equal to ten per centum of its own obligations issued in relation to or for the construction of such bridge, over and above the sums 123 required by the terms of such obligations to be set aside for amortization or a sinking fund, and unless in said year the tolls or revenues from the said bridge after the payment of all expenses for operation and maintenance are sufficient to satisfy the interest and other contractual requirements of said obligations; and provided, further, that such payment shall not be made into the State treasury unless there shall be available under the same conditions sufficient money to make payment on similar terms to the State of New York and that if there exists such surplus revenue but insufficient to make complete payment on such terms or conditions both to the States of New York and New Jersey, then such surplus revenue shall be prorated in accordance with the respective unpaid balances of the advances made by the two States and such prorated sum shall be paid into the State treasury in place and stead of the amount above provided, to be applied first upon the interest for the current year and the balance, if any, in reduction of principal. The intent hereof is that the Port Authority shall be required to and shall pay interest to the State upon such advances, and/or make payments on account of principal, only for the years when, and to the extent that, there shall be available on the conditions herein provided a surplus from the revenues or tolls for the payment of such interest and/or principal. 5. The State of New Jersey (the State of New York by appropriate legislation concurring herein) does pledge to and agree with those subscribing to the obligations issued by the Port Authority for the construction of the said bridges and incidental purposes that the State will not authorize the construction or maintenance of any other highway crossings for vehicular traffic of the waters of the Arthur Kill, between the two States in competition with the said bridges, nor will it limit or alter the rights now vested in the, Port Authority to establish and levy such charges and tolls as it may deem convenient or necesary to produce sufficient revenue to meet the expense of 121 maintenance and operation and to fulfill the terms of the obligations assumed by it in relation to such bridges until the said obligations, together with interest thereon, are fully met and discharged; provided, that such crossings shall be considered as competitive with the bridges across the Arthur Kill only if they shall form a highway connection for vehicular traffic between the two States across or under the Arthur Kill; and provided, further, that nothing herein contained shall preclude the authorization of such additional interstate crossings if and when adequate provision shall be made by law for the protection of those advancing money upon the obligations of the Port Authority for the construction of the bridges mentioned in paragraph one hereof or incidental purposes. 6. The State of New York by appropriate legislation concurring herein, the provisions of this act together with the provisions complementary thereto in the acts of the Legislature of the State of New York, shall constitute a contract or agreement between the two States for the benefit of those lending money to the Port Authority for the construction of such bridges, and the said Port Authority on behalf of the State may include in the bonds or other evidences of its obligations issued by it for the construction of the said bridges or incidental purposes such part of this act as shall seem proper as and as evidence of the foregoing agreements made by the State with the holders of the said bonds or other obligations, and thereupon the said terms so included shall become a contract between the State and the holders of the said bonds or other obligations. 7. The construction, maintenance and operation of said bridges is in all respects for the benefit of the people of the two States, for the increase of their commerce and prosperity, and for the improvement of their health and living conditions, and the Port Authority shall be regarded as performing a governmental function in undertaking the said construction, maintenance and operation and in carry 125 ing out the provisions of law relating to the said bridges and shall be required to pay no taxes or assessments upon any of the property acquired by it for the construction, operation and maintenance of such bridges. 8. The obligations which may be issued by the Port Authority for the construction of the bridges mentioned in number one hereof or for purposes incidental thereto are hereby made securities in which all public officers and bodies of this State and of its municipal subdivisions, all insurance companies and associations, all saving banks and savings institutions including savings and loan associations, executors, administrators, guardians, trustees and all other fiduciaries in this State may properly and legally invest the funds within their control. 9. Any powers herein granted to the Port Authority shall be regarded as in aid of and supplemental to and in no case as a limitation upon any of the powers vested in it by the States of New Jersey and New York and/or by Congress. 10. If any term or provision of this act shall be declared unconstitutional or ineffective in whole or in part by a court of competent jurisdiction, then to the extent that it is not unconstitutional or ineffective such term or provision shall be enforced and effectuated; nor shall such determination be deemed to invalidate the remainingterms or provisions hereof. 11. This act shall take effect immediately. Approved March 12, 1925. 1'26 [PUBLIC-No. 521-68TtI CONGRESS] [S. 4179] AN ACT To authorize the Port of New York Authority to construct, maintain, and operate bridges across the Arthur Kill between the States of New York and New Jersey. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the consent of Congress is hereby granted to the Port of New York Authority to construct, maintain, and operate two bridges and approaches thereto across Arthur Kill, one of said bridges to be located at a point suitable to the interests of navigation in or near Perth Amboy on the New Jersey side and Tottenville on the New York side, and the other to be located at a point suitable to the interests of navigation in or near Elizabeth on the New Jersey side and Howland Hook, Staten Island, on the New York side, in accordance with the provisions of an Act entitled "An Act to regulate the construction of bridges over navigable waters," approved March 23, 1906. SEO. 2. Construction of the said bridges shall be commenced within three years, and they shall be completed within six years from the date of the passage of this Act, and in default thereof the authority hereby granted shall cease and be null and void. SEE. 3. The right to alter, amend, or repeal this Act is hereby expressly reserved. Approved, March 2, 1925. 127 LAWS OF NEW YORK, 1925 CIAPTERI 211 AN ACT relating to the construction, operation and maintenance of a certain bridge across the Hudson river by the port of New York authority, pursuant to the port compact or treaty dated April thirtieth, nineteen hundred and twenty-one, and consented to by the congress of the United States, and the comprehensive plan adopted by the states of New Jersey and New York, consented to and which the port of New York authority was authorized and empowered to carry out and effectuate by the congress of the United States, and making an appropriation for the preliminary work thereon. Became a law April 1, 1925, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. In partial effectuation of the comprehensive plan for the development of the port of New York, and of section four thereof, adopted by the states of New Jersey and New York, by chapter nine, laws of New Jersey, nineteen hundred and twenty-two, and chapter forty-three, laws of New York, nineteen hundred and twenty-two, which was consented to and which the port of New York authority was authorized and empowered to carry out and effectuate by the congress of the United States by public resolution number sixty-six, sixty-seventh congress, house joint resolution three hundred and thirty-seven, and of the port compact or treaty between the two states dated April thirtieth, nineteen hundred and twenty-one, authorized and approved by chapter one hundred and fifty-one, laws of New Jersey, nineteen hundred and twenty-one, and chapter one hundred and fifty-four, laws of New York, 128 nineteen hundred and twenty-one, and consented to by the congress of the United States by public resolution number seventeen, sixty-seventh congress, senate joint resolution eighty-eight, the port of New York authority (hereinafter called the port authority) is authorized and empowered to construct, operate, maintain and own a bridge, with the necessary approaches thereto, across the Hudson river, from points between One Hundred and Seventieth street and One Hundred and Eighty-Fifth street, borough of Manhattan, New York city, and points approximately opposite thereto in the borough of Fort Lee, Bergen county, New Jersey. ~ 2. The plan of the approaches at either end of the bridge shall be subject to the approval of the respective governors of the states of New York and New Jersey and of the respective municipalities in which they shall be located. Except as so limited the port authority shall determine the site, size, type and method of construction of bridge and approaches and all matters pertaining thereto. ~ 3. The port authority is authorized to make and enforce such rules and regulations and to establish and levy such charges and tolls as it may deem convenient or necessary for the operation and maintenance of the said bridge and to insure at least sufficient revenue to meet the expenses of the construction, operation and maintenance thereof, and to make provision for the payment of the interest upon and amortization and retirement of such bonds or other securities or obligations as it may issue or incur for the purposes of this act, as hereinafter provided. There shall be allocated to the cost of construction, operation and maintenance of the bridge such proportion of the general expenses of the port authority as it shall deem properly chargeable thereto. ~ 4. The said bridge shall be built and paid for in whole or in part out of moneys to be raised by the port authority 129 on bonds or other securities or obligations issued or incurred by it pursuant to article six of the said compact or treaty. The said bonds or other securities and any other obligations which the port authority may incur shall be issued and incurred upon such terms and conditions as the port authority may deem proper, subject, however, to the limitations of this act. As security therefor the revenues and tolls arising out of the use of the bridge shall be pledged for the repayment of the entire issue of the bonds and other securities issued for the construction thereof, and the approaches and highway connections, and for the repayment of any moneys advanced by the state, together with interest; it being the declared policy of the state that the said bridge so far as the payment of the bonds or other securities issued, and repayment of moneys advanced by the state for the construction thereof, shall in all respects be self-sustaining. ~ 5. If, for any of the purposes hereunder, the port authority shall find it necessary or convenient for it to acquire any real property as herein defined, in this state, then the port authority may find and determine that such property is required for a public use, and upon such due determination, the said property shall be and shall be deemed to be required for such a public use; and with the exceptions hereinafter specifically noted the said determination or fact shall not be affected by the fact that such property has theretofore been taken for, or is then devoted to, a public use; but the public use in the hands or under the control of the port authority shall be deemed superior to the public use in the hands of any other person, association or corporation. If the port authority is unable to agree for the acquirement of any such property, or if the owner thereof shall be incapable of disposing of the same, or if, after diligent search and inquiry, the name and: residence of any such owner cannot be ascertained, or if any such property has been acquired or attempted to be acquired and title or other rights therein have been found 130 to be invalid or defective, the port authority may acquire such property by condemnation under and pursuant to the provisions of this act. ~ 6. Anything in this act to the contrary notwithstanding, no property now or hereafter vested in or held by the city of New York shall be taken by the port authority, without the authority or consent of such city, nor shall anything herein impair or invalidate in any way any bonded indebtedness of the state, or such city, nor impair the provisions of law regulating the payment into sinking funds of revenue derived from municipal property, or dedicating the revenues derived from any municipal property to a specific purpose. The port authority is hereby authorized and empowered to acquire from such county, city, borough, village, township, or other municipality by agreement therewith and such county, city, borough, village, township or other municipality is hereby authorized and empowered to grant and convey for such consideration as it may deem wise, any real property which may be necessary for the construction, operation and maintenance of such bridge and approaches thereto, including such real property as has already been devoted to a public use. The state of New York hereby consents to the use and occupation of the real property of the state necessary for the construction, operation and maintenance of the said bridge and the approaches thereto, including lands of the state lying under the waters of the Hudson river. ~ 7. When any real property within this state is sought to be acquired by condemnation, the port authority shall cause a survey and map to be made thereof, and shall cause such survey and map to be filed in its office. The said port authority and its duly authorized agents and employees may enter upon such property for the purpose of making such survey and map or such other survey or examination of real property as it may deem necessary for the proper execution of its duties, provided such entry shall not in 131 jure the said property or interfere with the business conducted thereon. There shall be annexed to such survey and map a certificate executed by the chief engineer of the port authority stating that the property or interest therein described in such survey and map are necessary for its purpose. ~ 8. Upon filing such survey and map the port authority shall petition the supreme court in the county where such property is located for the condemnation of sucl property as has not been otherwise acquired. Thy said petition shall be in the form prescribed by section four of the condemnation law except as herein provided to the contrary. Such petition, together with a notice of pendency of the proceeding, shall be filed in the office of the county clerk of the said county and shall be indexed and recorded as provided by law. A copy of the said petition, together with a notice of the presentation thereof to a special term of the supreme court, shall be served upon the owners as provided in sections five and six of the condemnation law. ~ 9. The port authority shall cause a duplicate of the said petition and notice of presentation thereof, together with a duplicate original affidavit of the service thereof, to be recorded in the books used for recording deeds in the office of the register of deeds of the county wherein the said property described in such notice is situated, and the record of such notice shall be prima facie evidence of due service thereof. Upon the service of such petition and notice of presentation, the port authority may enter upon and use and occupy for its purposes all the parcels of real estate described in the proceedings for the condemnation thereof, unless the supreme court shall otherwise determine as hereinafter provided. Such petition and notice so recorded shall be conclusive evidence of such entry and appropriation and of the quantity and boundaries of the property appropriated. 132 ~ 10. The proceedings thereafter shall be in the manner prescribed by the condemnation law, so far as consistent herewith. ~ 11. The commissioners appointed to ascertain and determine the compensation which ought justly to be made to the owners of property or interests therein appraised by them as provided in section thirteen of the condemnation law shall make their report of the value thereof to the supreme court within one hundred days from the date of their qualification.. ~ 12. The persons or corporations whose property shall have been taken by condemnation and who shall have agreed upon the compensation to be paid therefor in settlement of the proceeding, or to whom an award of compensation shall have been made by the supreme court, shall be entitled to payment of the agreed or awarded compensation within three calendar months after the date of the agreement upon the amount of the compensation or of the entry of the order confirming the report of the commissioners of appraisal, together with interest upon the amount of such compensation from the time of the entry upon and appropriation thereof by the port authority, to the date of payment of such compensation; but such interest shall cease upon the service by the port authority, upon the person or corporation entitled thereto, of a fifteen days' notice that the port authority is ready and willing to pay the amount of such compensation upon the presentation of proper proofs and vouchers. Such notice shall be served personally or by registered mail and publication thereof at least once a week for three successive weeks in a daily newspaper, published in the county of New York. ~ 13. The port authority may, at its option, acquire such real property within the state of New York, under the general condemnation law. 1 *) ) lOo) ~ 14. The term real property as used in this act is defined to include lands, structures, franchises and interest in land, including lands under water and riparian rights, and any and all other things and rights usually included within the said term, and includes also any and all interest in such property less than full title, such as easements, rights of way, uses, leases, licenses and all other incorporeal hereditaments and every estate, interest or right, legal or equitable, including terms for years and liens thereon by way of judgments, mortgages or otherwise, and also all claims for damage for such real estate. ~ 15. Any powers herein granted to the port authority shall be regarded as in aid of and supplemental to and in no case as a limitation upon any of the powers vested in it by the states of New Jersey and New York* by congress. The port authority may make borings along the Hudson river at points below one hundred and seventieth street, necessary for its studies notwithstanding anything herein contained. ~ 16. If any term or provision of this act shall be declared unconstitutional or ineffective in whole or in part by a court of competent jurisdiction, then to the extent that it is not unconstitutional or ineffective such term or provision shall be enforced and effectuated; nor shall such determination be deemed to invalidate the remaining terms or provisions hereof. ~ 17. For the preliminary work necessary for making borings, surveys, engineering studies, investigations, hearings and all matters incidental or appertaining thereto, the sum of one hundred thousand dollars ($100,000), or so much thereof as may be necessary, is hereby appropriated out of any moneys in the state treasury not otherwise appropriated. The moneys hereby appropriated shall be *The words "and or" were omitted probably by inadvertence. 131 paid out by the state treasurer on the warrant of the state comptroller, upon vouchers approved by the chairman of the said port authority. The said sum shall be paid back to the state when the cost of construction of said bridge shall have been fully paid for and the debt created for such purpose amortized. ~ 18. Neither the construction of such bridge, the approaches or highway connections, nor any preliminary work, specified in section eleven of this act, shall be begun, nor shall any moneys be expended hereunder by the port authority, until the state of New Jersey, by appropriate legislation, concurs therein and appropriates an equivalent amount. ~ 19. This act shall take effect immediately. LAWS OF NEW JERSEY, 1925 CHAPTER 41 AN ATr relating to the construction, operation and maintenance of a certain bridge across the Hudson river by the port of New York Authority, pursuant to the port compact or treaty dated April thirtieth, nineteen hundred and twenty-one, and consented to by the Congress of the United States, and the comprehensive plan adopted by the States of New Jersey and New York, consented to and which the Port of New York Authority was authorized and empowered to carry out and effectuate by the Congress of the United States, and making appropriation of one hundred and fifty thousand dollars for the preliminary work thereon. BE IT ENACTiD by the Senate and General Assembly of the Staite of New Jersey: 1. In partial effectuation of the comprehensive plan for the development of the port of New York, and of section 135 four thereof, adopted by the States of New Jersey and New York, by chapter nine, Laws of New Jersey, nineteen hundred and twenty-two, and chapter forty-three, Laws of New York, nineteen hundred and twenty-two, which was consented to and which the Port of New York Authority was authorized and empowered to carry out and effectuate by the Congress of the United States by public resolution number sixty-six, sixty-seventh Congress, House joint resolution three hundred and thirty-seven, and of the port compact or treaty between the two States dated April thirtieth, nineteen hundred and twenty-one, authorized and approved by chapter one hundred and fifty-one, Laws of New Jersey, nineteen hundred and twenty-one, and chapter one hundred and fifty-four, Laws of New York, nineteen hundred and twenty-one, and consented to by the Congress of the United States by public resolution number seventeen, sixty-seventh Congress, Senate joint resolution eighty-eight, the Port of New York Authority (hereinafter called the Port Authority) is authorized and empowered to construct, operate, maintain and own a bridge, with the necessary approaches thereto, across the Hudson river, from points between One Hundred and Seventieth street and One Hundred and Eighty-fifth street, borough of Manhattan, New York city, and points approximately opposite thereto in the borough of Fort Lee, Bergen county, New Jersey. 2. The plan of the approaches at either end of the bridge shall be subject to the approval of the respective Governors of the States of New York and New Jersey and of the respective municipalities in which they shall be located. Except as so limited the Port Authority shall determine the site, size, type and method of construction of bridge and approaches and all matters pertaining thereto. 3. The Port Authority is authorized to make and enforce such rules and regulations and to establish and levy such charges and tolls as it may deem convenient or necessary 136~ for the operation and maintenance of the said bridge and to insure at least sufficient revenue to meet the expenses of the construction, operation and maintenance thereof, and to make provision for the payment of the interest upon and amortization and retirement of such bonds or other securities or obligations as it may issue or incur for the purposes of this act, as hereinafter provided. There shall be allocated to the cost of construction, operation and maintenance of the bridge such proportion of the general expenses of the Port Authority as it shall deem properly chargeable thereto. 4. The said bridge shall be built and paid for in whole or in part out of moneys to be raised by the Port Authority on bonds or other securities or obligations issued or incurred by it pursuant to Article six of the said compact or treaty. The said bonds or other securities and any other obligations which the Port Authority may incur shall be issued and incurred upon such terms and conditions as the Port Authority may deem proper, subject, however, to the limitations of this act. As security therefor the revenues and tolls arising out of the use of the bridge shall be pledged for the repayment of the entire issue of the bonds and other securities issued for the construction thereof, and the approaches and highway connections, and for the repayment of any moneys advanced by the State, together with interest; it being the declared policy of the State that the said bridge so far as the payment of the bonds or other securities issued, and repayment of moneys advanced by the State for the construction thereof, shall in all respects be self-sustaining. 5. If, for any of the purposes hereunder, the Port Authority shall find it necessary or convenient for it to acquire any real property as herein defined, in this State, then the Port Authority may find and determine that such property is required for a public use, and upon such due determination, the said property shall be and shall be 137 deemed to be required for such a public use; and with the exceptions hereinafter specifically noted the said determination or fact shall not be affected by the fact that such property has theretofore been taken for, or is then devoted to, a public use; but the public use in the hands or under the control of the Port Authority shall be deemed superior to the public use in the hands of any other person, association or corporation. If the Port Authority is unable to agree for the acquirement of any such property, or if the owner thereof shall be incapable of disposing of the same, or if, after diligent search and inquiry, the name and residence of any such owner cannot be ascertained, or if any such property has been acquired or attempted to be acquired and title or other rights therein have been found to be! invalid or defective, the Port Authority may acquire such property by condemnation under and pursuant to the provisions of this act. 6. Anything in this act to the contrary notwithstanding, no property now or hereafter vested in or held by any county, city, borough, village, township or other municipality shall be taken by the Port Authority, without the authority or consent of such county, city, borough, village, township or other municipality, nor shall anything herein impair or invalidate in any way any bonded indebtedness of the State, or such county, city, borough, village, township or other municipality, nor impair the provisions of law regulating the payment into sinking funds of revenue derived from municipal property, or dedicating the revenues derived from any municipal property to a specific purpose. The Port Authority is hereby authorized and empowered to acquire from such county, city, borough, village, township or other municipality, by agreement therewith, and such county, city, borough, village, township or other municipality is hereby authorized and empowered to grant and convey for such consideration as it may deem wise, any real property which may be necessary for the construction, operation and maintenance of bridge 13S and applroaches thereto, including suchl real property as has already been devoted to a public use. The State of New Jersey hereby consents to the use and occupation of the real property of the State necessary for the construction, operation and maintenance of the said bridge and the approaches thereto, including lands of the State lying under the waters of the Hudson river. 7. Whenever any proceeding for the acquisition of "real property," as defined in this act, is instituted under this act, such proceedings shall be conducted pursuant to the provisions of an act entitled "An act to regulate the ascertainment and payment of compensation for property condemned or taken for public use" (Revision of one thousand nine hundred), approved March twentieth, one thousand nine hundred, and the acts amendatory thereof and supplemental thereto. 8. The term "real property" as used in this act is defined to include lands, structures, franchises and interests in land, including lands under water and riparian rights, and any and all other things and rights usually included within the said term, and includes also any and all interests in such property less than full title, such as easements, rights of way, uses, leases, licenses and all other incorporeal hereditaments and every estate, interest or right, legal or equitable, including terms for years and liens thereon by way of judgments, mortgages or otherwise, and also all claims for damage for such real estate. 9. Any powers herein granted to the Port. Authority shall be regarded as in aid of and supplemental to and in no case as a limitation upon any of the powers vested in it by the States of New Jersey and New York and/or by Congress. 10. If any term or provision of this act shall be declared unconstitutional or ineffective in whole or in part by a 139 court of competent jurisdiction, tlen to the extent that it is not unconstitutional or ineffective such term or provision shall be enforced and effectuated; nor shall such determination be deemed to invalidate the remaining termls or pmrovisions hereof. 11. For the preliminary work necessary for making borings, surveys, engineering studies, investigations, hearings and all matters incidental or appertaining thereto, the sum of one hundred and fifty thousand dollars ($150,000), or so much thereof as may be necessary, is hereby appropriated out of any moneys in the State treasury not otherwise appropriated. The moneys hereby appropriated shall be paid out by the State Treasurer on the warrant of the Comptroller of the Treasury upon vouchers signed by the chairman of the said Port Authority. The said sum shall be paid back to the State when the cost of construction of said bridge shall have been fully paid for and the debt or debts created for such purpose amortized. 12. Neither the construction of such bridge, the approaches or highway connections, nor any preliminary work, authorized by section seventeen of this act, shall be begun, nor shall any moneys be expended hereunder by the Port Authority, until the State of New York by appropriate legislation concurs therein, and appropriates an equivalent amount. 13. This act shall take effect immediately. Approved March 12, 1925. -140 [PUBLIC ---NO. 520 —68TH CONGRESS] [S. 4178] AN ACT To authorize the Port of New York Authority to construct, maintain, and operate a bridge across the Hudson River between the States of New York and New Jersey. Be it enacted by the Senate and House of Representatives of the United Staltes of America. in Congress assembled, That the consent of Congress is hereby granted to the Port of New York Authority to construct, maintain, and operate a bridge and approaches thereto across the Hudson River, at a point suitable to the interests of navigation, and connecting a point between One hundred and seventieth Street and One hundred and eighty-fifth Street, borough of Manhattan, New York City, with a point approximately opposite thereto in the borough of Fort Lee, Bergen County, New Jersey, in accordance with the provisions of an Act entitled "An Act to regulate the construction of bridges over navigable waters," approved March 23, 1906. SiC. 2. Construction of the said bridge shall be commenced within three years and it shall be completed within seven years from the date of the passage of this Act, and in default thereof the authority hereby granted shall cease and be null and void. SEc. 3. The right to alter, amend, or repeal this Act is hereby expressly reserved. Approved, March 2, 1925. 141 LAWS OF NEW JERSEY, 1925 CHAPTER 97 AN ACT relating to the construction, operation and maintenance of a certain bridge across the Kill von Kull by the Port of New York Authority, pursuant to the port compact or treaty dated April thirtieth, nineteen hundred and twenty-one, and consented to by the Congress of the United States, and the comprehensive plan adopted by the States of New Jersey and New York, consented to and which the Port of New York Authority was authorized and empowered to carry out and effectuate by the Congress of the United States, and making appropriation of fifty thousand dollars for the preliminary work thereon. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey: 1. In partial effectuation of the comprehensive plan for the development of the Port of New York, adopted by the States of New Jersey and New York by chapter nine, Laws of New Jersey, nineteen hundred and twenty-two, and Chapter forty-three, Laws of New York, nineteen hundred and twenty-two, which was consented to and which the Port of New York Authority was authorized and empowered to carry out and effectuate by the Congress of the United States by public resolution number sixty-six, sixtyseventh Congress, House joint resolution three hundred and thirty-seven, and of the port compact or treaty between the two States dated April thirtieth, nineteen hundred and twenty-one, authorized and approved by chapter one hundred and fifty-one, Laws of New Jersey, nineteen hundred and twenty-one, and chapter one hundred and fifty-four, Laws of New York, nineteen hundred and twenty-one, and consented to by the Congress of the United States by public resolution number seventeen, sixty-seventh Congress, Senate joint resolution eighty-eight, the Port of 142 New York Authority (hereinafter called the Port Authority) is authorized and empowered to construct, operate, maintain and own a bridge, with the necessary approaches across the Kill von Kull from Bayonne on the New Jersey side to Staten Island on the New York side. 2. The plan of the approaches at either end of the bridge shall be subject to the approval of the respective Governors of the States of New York and New Jersey and of the respective municipalities in which they shall be located. Except as so limited the Port Authority shall determine the site, size, type, and method of construction of such bridge and approaches and all matters pertaining thereto. 3. The Port Authority is authorized to make and enforce such rules and regulations and to establish and levy such charges and tolls as it may deem convenient or necessary for the operation and maintenance of the said bridge and to insure at least sufficient revenue to meet the expenses of the construction, operation and maintenance thereof, and to make provision for the payment of the interest upon and amortization and retirement of such bonds or other securities or obligations as it may issue or incur for the purposes of this act, as hereinafter provided. There shall be allocated to the cost of construction, operation and maintenance of the bridge such proportion of the general expenses of the Port Authority as it shall deem properly chargeable thereto. 4. The said bridge shall be built and paid for in whole or in part out of moneys to be raised by the Port Authority on bonds or other securities or obligations issued or incurred by it pursuant to Article six of the said compact or treaty. The said bonds or other securities and any other obligations which the Port Authority may incur shall be issued and incurred upon such terms and conditions as the Port Authority may deem proper, subject, however, to the limitations of this act. As security there 143 for the revenues and tolls arising out of the use of the bridge shall be pledged for the repayment of the entire issue of the bonds and other securities issued for the construction thereof, and the approaches and highway connections, and for the repayment of any moneys advanced by the State, together with interest; it being the declared policy of the State that the said bridge so far as the payment of the bonds or other securities issued, and repayment of moneys advanced by the State for the construction thereof, shall in all respects be self-sustaining. 5. If, for any of the purposes hereunder, the Port Authority shall find it necessary or convenient for it to acquire any real property as herein defined, in this State, then the Port Authority may find and determine that such property is required for a public use, and upon such due determination, the said property shall be and shall be deemed to be required for such a public use; and with the exceptions hereinafter specifically noted the said determination or fact shall not be affected by the fact that such property has theretofore been taken for, or is then devoted to, a public use; but the public use in the hands or under the control of the Port. Authority shall be deemed superior to the public use in the hands of any other person, association or corporation. If the Port Authority is unable to agree for the acquirement of any such property, or if the owner thereof shall be incapable of disposing of the same, or if, after diligent search and inquiry, the name and residence of any such owner cannot be ascertained, or if any such property has been acquired or attempted to be acquired and title or other rights therein have been found to be invalid or defective, the Port Authority may acquire such property by condemnation under and pursuant to the provisions; of this act. 6. Anything in this act to the contrary notwithstanding, no property now or hereafter vested in or held by any county, city, borough, village, township or other munici 144 pality shall be taken by the Port Authority, without the authority or consent of such county, city, borough, village, township or other municipality, nor shall anything herein impair or invalidate in any way any bonded indebtedness of the State, or such county, city, borough, village, township or other municipality, nor impair the provisions of law regulating the payment into sinking funds of revenue derived from municipal property, or dedicating the revenues derived from any municipal property to a specific purpose. The Port Authority is hereby authorized and empowered to acquire from such county, city, borough, village, township or other municipality, by agreement therewith, and such county, city, borough, village, township or other municipality is hereby authorized and empowered to grant and convey for such consideration as it may deem wise, any real property which may be necessary for the construction, operation and maintenance of the bridge and the approaches thereto, including such real property as has already been devoted to a public use. The State of New Jersey hereby consents to the use and occupation of the real property of the State necessary for the construction, operation and maintenance of the said bridge and the approaches thereto, including lands of the State lying under the waters of the Kill von Kull. 7. Whenever any proceeding for the acquisition of "real property" as defined in this act, is instituted under this act, such proceeding shall be conducted pursuant to the provisions of an act entitled "An act to regulate the ascertainment and payment of compensation for property condemned or taken for public use" (Revision of one thousand nine hundred), approved March twentieth, one thousand nine hundred, and the acts amendatory thereof and supplemental thereto. 8. The term "real property" as used in this act is defined to include lands, structures, franchises and interests in land, including lands under water and riparian rights, and any and all other things and rights usually included within the said term, and includes also any and all interests in such property less than full title, such as easements, rights of way, uses, leases, licenses and all other incorporeal hereditaments and every estate, interest or right, legal or equitable, including terms for years and liens thereon by way of judgments, mortgages or otherwise, and also claims for damages for such real estate. 9. Any powers herein granted to the Port Authority shall be regarded as in aid of and supplemental to and in no case as a limitation upon any of the powers vested in it by the States of New Jersey and New York and/or by Congress. 10. If any term or provision of this act shall be declared unconstitutional or ineffective in whole or in part by a court of competent jurisdiction, then to the extent that it is not unconstitutional or ineffective such term or provision shall be enforced and effectuated; nor shall such determination be deemed to invalidate the remaining terms or provisions hereof. 11. For the preliminary work necessary for making borings, surveys, engineering studies, investigations, hearings and all matters incidental or appertaining thereto, the sum of fifty thousand dollars ($50,000), or so much thereof as may be necessary, is hereby appropriated out of any moneys in the State treasury not otherwise appropriated. The moneys hereby appropriated shall be paid out by the State Treasurer on the warrant of the Comptroller of the Treasury upon vouchers signed by the chairman of the said Port Authority. The said sum shall be paid back to the State when the cost of construction of all of said bridge shall have been fully paid for and the debt or debts created for such purpose amortized. 146 12. Neither the construction of such bridge, the approaches or highway connections, nor any preliminary work, authorized byv section eleven of this act, shall be begun, nor shall any moneys be expended hereunder by the Port Authority, until the State of New York by apIropriate legislation concurs therein, and appropriates an equivalent amount. 13. This act shall take effect immediately. Approved, March 13, 1925. [PUBLIC-No. 522-68TH CONGRESS] [S. 4203] AN ACT To authorize the Port of New York Authority to construct, maintain, and operate a bridge across the Kill Van Kull between the States of New York and New Jersey. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the consent of Congress is hereby granted to the Port of New York Authority to construct, maintain, and operate a bridge and approaches thereto across the Kill Van Kull, at a point suitable to the interests of navigation, at or near Bayonne, on the New Jersey side, and at or near Port Richmond on the New York side, in accordance with the provisions of an Act entitled "An Act to regulate the construction of bridges over navigable waters," approved March 23, 1906. SEC. 2. Construction of the said bridge shall be commenced within three years, and shall be completed within six years from the date of the passage of this Act, and in default thereof the authority hereby granted shall cease and be null and void. SEC. 3, The right to alter, amend, or repeal this Act is hereby expressly reserved. Approved, March 2, 1925. 147 LAWS OF NEW JERSEY, 1925 CHAPTER 192 AN ACT to repeal certain sections of an act entitled "An act relating to the construction, operation and maintenance, by the Port of New York Authority, of a certain bridge for vehicular or other traffic across the Arthur Kill between Perth Amboy on the New Jersey side and Tottenville on the New York side pursuant to the port compact or treaty dated April thirtieth, one thousand nine hundred and twenty-one, and consented to by the Congress of the United States, and the comprehensive plan adopted by the States of New Jersey and New York, consented to and which the Port of New York Authority was authorized and empowered to carry out and effectuate by the Congress of the United States and making an appropriation of fifty thousand dollars ($50,000) for borings, surveys and plans," approved March eleventh, nineteen hundred and twenty-four. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey: 1. Sections seven, eight, nine, ten, eleven, twelve and thirteen of an act entitled "An act relating to the construction, operation and maintenance, by the Port of New York Authority, of a certain bridge for vehicular or other traffic across the Arthur Kill between Perth Amboy on the New Jersey side and Tottenville on the New York side, pursuant to the port compact or treaty dated April thirtieth, one thousand nine hundred and twenty-one, and consented to by the Congress of the United States, and the comprehensive plan adopted by the States of New Jersey and New York, consented to and which the Port of New York Authority was authorized and empowered to carry out and effectuate by the Congress of the United States and making an appropriation of fifty thousand dollars ($50,000) 148. for borings, surveys and plans," approved March eleventh, nineteen hundred and twenty-four, be and the same are hereby repealed. 2. This act shall take effect immediately. Approved, March 20, 1925 LAWS OF NEW JERSEY, 1925 CHAPTER 193 A SUPPLEMENT to an act entitled "An act relating to the construction, operation and maintenance, by the Port of New York Authority, of a certain bridge for vehicular or other traffic across the Arthur Kill between Perth Amboy on the New Jersey side and Tottenville on the New York side pursuant to the port compact or treaty dated April thirteenth,* one thousand nine hundred and twenty-one, and consented to by the Congress of the United States, and the comprehensive plan adopted by the States of New Jersey and New York, consented to and which the Port of New York Authority was authorized and empowered to carry out and effectuate by the Congress of the United States and making an appropriation of fifty thousand dollars (50,000) for borings, surveys and plans," approved March eleventh, one thousand nine hundred and twenty-four. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey: 1. Whenever "real property" as defined in the act to which this act is a supplement is to be acquired by the Port of New York Authority, pursuant to the provisions of the act to which this act is a supplement, all proceedings for such acquisition shall be had pursuant to the provisions * Should be "thirtieth". 149 of an act entitled "An act to regulate the ascertainment and payment of compensation for property condemned or taken for public use (Revision of one thousand nine hundred)," approved March twentieth, one thousand nine hundred, and the acts amendatory thereof and supplemental thereto. 2. This act shall take effect immediately. Approved, March 20, 1925. LAWS OF NEW JERSEY, 1925 CHAPTER 194 AN ACT to repeal certain sections of an act entitled "An act relating to the construction, operation and maintenance of a certain bridge across the Arthur Kill between Elizabeth on the New Jersey side and Howland Hook on the New York side, by the Port of New York Authority, pursuant to the port compact or treaty dated April thirtieth, one thousand nine hundred and twenty-one, and consented to by the Congress of the United States, and the comprehensive plan adopted by the States of New Jersey and New York, consented to and which the Port of New York Authority was authorized and empowered to carry out and effectuate by the Congress of the United States, and making an appropriation of fifty thousand dollars for the preliminary work necessary for making borings, surveys, engineering studies, investigations, hearings and all matters incidental or appertaining thereto," approved March eleventh, nineteen hundred and twenty-four. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey: 1. Sections seven, eight, nine, ten, eleven, twelve and thirteen of an act entitled "An act relating to the constric 150 tion, operation and maintenance of a certain bridge across the Arthur Kill between Elizabeth on the New Jersey side and Howland Hook on the New York side, by the Port of New York Authority, pursuant to the port compact or treaty dated April thirtieth, one thousand nine hundred and twenty-one, and consented to by the Congress of the United States, and the comprehensive plan adopted by the States of New Jersey and New York, consented to and which the Port of New York Authority was authorized and empowered to carry out and effectuate by the Congress of the United States, and making an appropriation of fifty thousand dollars for the preliminary work necessary for making borings, surveys, engineering studies, investigations, hearings and all matters incidental or appertaining thereto," approved March eleventh, one thousand nine hundred and twenty-four, be and the same are hereby repealed. 2. This act shall take effect immediately. Approved, March 20, 1925. LAWS OF NEW JERSEY, 1925 CHAPTER 195 A SUPPLEMENT to an act entitled "An act relating to the construction, operation and maintenance of a certain bridge across the Arthur Kill between Elizabeth on the New Jersey side and Howland Hook on the New York side, by the Port of New York Authority, pursuant to the port compact or treaty dated April thirtieth, one thousand nine hundred and twenty-one, and consented to by the Congress of the United States, and the comprehensive plan adopted by the States of New Jersey and New York, consented to and which the Port of New York Authority was authorized and empowered to carry out and effectuate by the Congress of the United States, 151 and making an appropriation of fifty thousand dollars for the preliminary work necessary for making borings, surveys, engineering studies, investigations, hearings, and all matters incidental or appertaining thereto," approved March eleventh, one thousand nine hundred and twenty-four. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey: 1. Whenever "real property" as defined in the act to which this act is a supplement is to be required by the Port of New York Authority, pursuant to the provisions of the act to which this act is a supplement, all proceedings for such acquisition shall be had pursuant to the provisions of an act entitled "An act to regulate the ascertainment and payment of compensation for property condemned or taken for public use (Revision of 19'00)," approved March twentieth, one thousand nine hundred, and the acts amendatory thereof and supplemental thereto. 2. This act shall take effect immediately. Approved, March 20, 1925. 152 [PUBLI —No. 479 —68TH CONGRESS] [S. 2287] AN ACT To permit the Secretary of War to dispose of and the Port of New York Authority to acquire the Hoboken Manufacturers' Railroad. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assemr bled, That the Secretary of War be, and he is hereby, authorized, for such sum and on such terms and conditions as he may deem best, to sell to and dispose of, and the Port of New York Authority is authorized to acquire from the Secretary of War, the stock of the Hoboken Manufacturers' Railroad Company, said corporation being the lessee of the line known as the Hoboken Shore Road now constituting part of Belt Line Nunibered 13 in the comprehensive plan for the development of the port of New York, adopted by the States of New York and New Jersey under chapter 43, Laws of New York, 1922, and chapter 9, Laws of New Jersey, 1922, and ratified and confirmed by the Congress of the United States by Public Resolution 66, Sixtyseventh Congress; and the Secretary is authorized and empowered to take and accept in lieu of cash the bonds of the said Port of New York Authority, secured by such lien as the Secretary in his discretion may determine is proper and sufficient; and upon such acquisition the said railroad shall continue to be operated in intrastate, interstate, and foreign commerce and in accordance with the provisions of the said comprehensive plan for the development of the port and the improvement of commerce and navigation: Provided, That the operation of said railroad in intrastate, interstate, and foreign commerce shall be subject to the jurisdiction of the Interstate Commerce Commission in the same manner and to the same extent as would be the case if this Act had not been passed: Provided further, That the Secretary shall attach such conditions to such 153 transfer as shall insure the use of such railroad facility by the United States in the event of war or other national emergency: Provided further, That in order to facilitate the interchange of freight between rail and water facilities, such railroad, if acquired by the Port of New York Authority hereunder shall be operated in coordination with the piers and docks adjacent thereto so long as said piers and docks are owned and operated by the United States Government or by any agency thereof, or by any corporation a majority of whose stock is owned by the United States: Provided further, That if the Port of New York Authority fails to agree upon terms and conditions of sale which are considered satisfactory by the Secretary of War, he is hereby authorized to sell and dispose of the stock of the. Hoboken Manufacturers' Railroad Company or all or any part of the real and personal property of the Hoboken Manufacturers' Railroad Company to any purchaser or purchasers upon such terms and conditions as he may deem best subject, nevertheless, to the provisos hereinabove stated: Provided further, That if the Secretary of War shall deem it to be in the public interest that any real or personal property owned by the said Hoboken Manufacturers' Railroad Company not connected with the railroad itself should be separately disposed of or held for later disposition, he is hereby authorized to cause such property to be transferred from the said Hoboken Manufacturers' Railroad Company to the United States, and thereafter to sell the same upon such terms as he deems best, or if more expedient, he is hereby authorized to form a corporation to acquire such property, and is authorized to cause such property, or any part thereof, to be transferred from the said Hoboken Manufacturers' Railroad Company to such new corporations so organized and to accept in place thereof the stock of such new corporation, and to hold the same until such time as he secures what he shall deem to be a fair and reasonable price for such property, at which time he is authorized to sell said property in whole or in part or the stock in the said new corporation to which such 4 154 property is transferred on such terms and conditions as in his judgment will best promote the public interest, and the Secretary of War is further authorized to' make and impose any terms, conditions, or reservations necessary to effectuate the purpose hereof, and to enter into such contracts as will effectuate the same: And provided furthor, That nothing in this Act shall be construed as relieving or exempting the property acquired hereunder by the Port of New York Authority from any municipal taxes or assessments for public improvements, and nothing herein contained shall be construed as an expression on the part of the Congress as to whether the States of New York and New Jersey, or either of them, should relieve or exempt the said Port of New York Authority from taxation or subject the said port of New York or any of said property to taxation. 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