The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1889-09-06
HHE COUNTY ROAD BILL.
FTeeho1ders Vote to Send
1t to the Court of
Appeals.
MR.. M'GRATH DOESN'T LIKE II,
And Mr.. Noonan Says It's Because
the Case Will Be Lost.

where it will no doubt lie dormant until
the Legislature takes from this Board the
power to construct the road and places
that power in the hands of the Park Com
missioners.
Immediately after the reading OF the
minutes had been dispensed with Free
holder Boyle asked that the regular order
of business be laid over for a few min
utes an d that the meeting open under the
rul governing resolutions.
II don't see any special reason for it,
said Freeholder Pairson.
There is special season." responded
Mr.. Boyle /.
'.Yes, and ! have resolution that
want to offer while the Board is in good
humor, for it is of great Importance, "
said Mr.. Nelson.
The motion prevailed and Freeholder
Boyle offered a resolution to pay w. II.
Cook $77.59 and Edward O'Donnell $167.27
for feed. He explained that the county
had advertised for feed as the law d1-
rected, but that no one bid, and no con-
tract was awarded. Soon afterward it
became necessary to secure feed, and
acquisitions were given for the above
amounts. He asked that under these Cir
cumstances the acquisitions be paid.
COUNTY ROAD BONDS
The resolution was adopted, and then
Freeholder Nelson fired his bombsheu.
He told the Board that the bonds of the
proposed new County road would not be
legal and that the constitutionality of the
County Road act should be decided abso-
lutely before any bonds are issued. He
offered resolution that counsel be en-
ployed to take the case to the Court OF
Errors and Appeal, and that his compen-
sation shall not exceed $1,000 He be-
ieyed that II the act is constitutional
there could be no doubt that the Court
would so determine, and thus increase
the value of the bonds,
At the request of Freeholder Pairson,
Counsellor John III. McGrath, the legal
adviser of the Board, said he would ex-
plain the act and its constitutionality:"
Judge Lippincott, said he, has, be-
lieve, said that the act ought to be de-
cided by the Court of Appeals. shall
speak of this matter plainly, although it
may involve the Court There is just as
much necessity for this decision to be ap-
pealed from as there is for fifth wheel to
q coach The best LAWYERS in the State
said, before the bill was presented, that
there was no question as to its constitu-
tionality, for it was a general law and
was so prepared that it applied to all parts
of the State. For fear that there might
be some question raised suggested a
friendly suit in the Supreme Courtto have
the case tested The Court was unani-
nous in holding the act to be constitu-
tional This is very important matter
that am talking about, and / would like
the gentlemen of the press to report me
correctly
HIS sHREwD SUSPICION.
II know what is behind this. / don't
mean that my friend Nelson has a hand
in it, but know the object of desiring to
carry up the case and to spend LOCO for
what has already been decided, which is
about all that the county will get out of
it. Why has nobody suggested that the
Park acts be taken to the courts? That
commission is now entangled in a Snarl
that the members cannot get it out Of
''The object of this appeal is to obtain de-
Law for the Legislature to meet and trans
fer the power the Freeholders have to this
Commission, and have them build the
road. | will never consent to placing the
power to construct this road in other
hands tran those of the Freeholders.
They should build the road through an
engineer appointed through the Court,
and more perfect plan cannot be in
vented. With this perfect plan you CON
ture q chance to relieve the Park Commits
sioA which is already tied up. The bonds
will today sell above par, and from l to
IL per cent. interest less than the rate
allowed by the act.'"'
Il did not know" said Freeholder Mel
q communication on this subject until
after / arrived at the meeting, or | should
not have prepared my res olution. have
been informed that if the seal of the
Court of Appeals was Oh the act the
bonds would sell for $4,000 to $4,000
more than they now would, and the
county would be that much the gamer;
and that. ! think, is very good profit on
an Investment of 81 900. That the act has
not been passed on by the Court of Ap-
peals is one of the reasons, | understand,
why the Court has not appointed an en-
gineer."
"If the Court refuses to appoint an en-
gineer,, said Freebooter Noonan, chow
can we go on with the 'work?'
'sWe can't but the Court has not re-
fused to appoint; but If it does then We
will be forced to take an appeal,
The communication from the Court was
then read. 1t stated that the Court of
Common Pleas, Manning M. Knapp, pre-
siding. had considered the matter and all
the members were unanimous in the opn-
ion that the case should be taken to the
Court of Errors and Appeals. Without
saving what future course the Court might
take there was left deep impression on
the Freeholders that the Court was de-
termined not to appoint an engineer while
the present Board existed The document
closes by again saying:--"We think it
better to have the Court of Appeals pass
Dn it"
1t was signed by Judge Lippincott
A WORD FROM COUNSELLOR NO0NAN
Counsellor Noonan was invited to make
some remarks, and overcoming his we'll
known bashfulness, he walked to the
middle of the room and said:-'I am
afraid that the reason the counsel of the
Board does not want the case to go before
the Court Of Appeals is that he will be
licked. The talk of delay is nonsense, for
decision would be reached before the
Legislature meets, and that is evidence
enough hat no delay is wanted for the
Park CS omission.
ssThe pecial point made in the case be-
fore the Supreme Court, of leaving the
act to the people, has never been decided
In this State; and, beside that the SUI
creme Court decision was not made by a
mil bench, but by only three Judges.
The counsel talks about the opinion of
lawyers and his own pre-eminent opinion,
put he fails to mention any names but his
own who do not thins the case should be
appealed But | also haye.talked with
lbie lawyers one Of whom ! saw the other
iay = ex-Mayor Gilbert Collins. He
old me that he did not think the act con-
Ititutional The idea of imposing an act
rot constitutional on Judge Knapp and
Judge Lippincott, aud say they may not
,aye understood the case when they de-
lined to appoint an engineer! The idea
# these Judges sending this Board a
communication and not know what they
write about 1t is ridiculous, and beside
hat. they read my brief.
"If y -se bonds thai are doubtful viii