The New York herald., 1873-11-17
THE JERSEY CITY B0UL WARD.
Legal Warfare on the Case In Trenton
Conclusion of the Argumenis.


Conclusion of the Arguments.
The Jersey City boulevard case occupied the at
tention OF the New Jersey Supreme Court at Tren-
ton throughout Saturday. The arguments on Doth
sides were very elaborate. Mr.. vredenburg, on
behalf OF the prosecutor, made lengthy argument,
assailing the constitutionaLty OF the boulevard
act OF the Legislature, the powers claimed py the
Commissioners, the location OF the avenue and the
style OF map executed by the defendants pointing
out the proposed route. He quoted extensively
from the testimony gwen by different surveyors
to show that the map does not give suf-
hcient data oy which the boulevard can
be located, and that it not the one intended by
the Legislature for the location. In referring TO
the act, ne said that 1t was unconst,tut,onl Il and
made several citations from legal authorities to
prove this allegation. He said it did not appear by
the act to wnom the power was elegated to raise
taxes for the deiraylng OF the expenses OF the
scheme. He SAID the Legislature lad rigat to
say that the county tax shall be more than It's
uniform rate, nor that the Commissioners under
the act shall say IN what proportion the tax
Shall be IN each township ana ward In the
county. The Legislature, he contended, cannot
delegate that power 10 any one. The act did not
say what Commissioners were meant, whether 1t
were the Commissioners OF Assessment or those OF
the Boulevard. The most serious ficulty, coun-
sci sald, was now the expenses OF the avenue are
TO be paid-tnat was the trouble with the act.
After speaking Tor over two hours Mr.. vreden-
purg concluded, and was then followed by Mr..
Dixon on DendlI OF tne ueIeuQdHtS. Mr.. Dixon
sad that 1t was not important VINO shan make
the awards ana assessments, or as to when they
SHAH be made. Tlose questions seem to be mat.
tiers which have not yet arisen IN TIE proceeI-
ings OF those Commissioners. There was time
enough to determine the constitutonality OF such
delegation o power when the commissioners
shall undertake to exercise 1t. TINS Ourt he
contended, was Tor the purpose or redressing in u
the improper pursuit oil any power delegated
He insisted that the Legislature can 1x locaity
and township lines; and 1t was entirely IN the will
oil that body to fix taxes ana assessments. there
time enough 10 settle the constitutionalIty
o the act when some one came under It's provisions
The commissioners named in the act are men wen
known by the Legislature; they are owners OF
property, taxpayers aud residents In Hudson
county, all OF whom are Interested In It's growth
Counsel then proceeded 10 defend the consttu-
tionality OF the act, It's intentions and PURPOSES
and contended further that the assessment OF a
mans property for pubic Improvement cannot be
injurious until the amount is made known. The
liability OF assessment ls thing that exsts all the
time. IT these Commissioners cannot make asgess-
ments no man can. ii they cannot execute the
act no man can. No party could buiid railroad
or locate an improvement II the law as construed
by the other side was established.
Mr.. Albeit followed on behali OF the defendants
lie made most elaborate argument, aud worked
out mathematical problems on an easel 10 convince
The court tnat the survey and location OF the ave-
nue. a. made by has clients were unoblectonable.
He then replied u the ob ecfions raised to map
which. ne said we're as follows That ID contains
many clerical errOrs that IL is not made or the
proper Kind OF material that 1t has expanded and
contracted to the extent OF five feet In the line
that its scale cannot ~ depended on to locate an
avenue anywhere, tnat the figures are not large
enough to be read &c At the conclusion OF Mr.
Abbett's address Mr.. Scudder made the closing ar
pument Opinions Will not be delivered in this
case until next term. There were two distinct
certioraris argued The Attorney Generals argu-
ment against the boulevard created an Impression
that the whole scheme Will be abortive. The only
manner IN which boulevard can be constructed
have to bear the expense, not by the representa-
tveS rom Camden and Cape May.