The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1890-09-23
City And CENTRAL.
The Lafayette Railways
Aggression. on Woodward
Street Before the Court
of Chancery.

The application of the Lafayette Rail
road Company for an injunction to re.
strain the city authorities from interior
ing with the tracks which the company
wants to lay between the Newark and
New York Railroade mbankment and the
Griffin Iron Works came up before
Chancellor McGill yesterday afternoon
and went over again until Monday.
When the Chancellor called up the case
Mr.. William A.. Lewis, who represented
the railroad company, said tnat there
were matters in the city's answer which
he thought ought to he met by atfidavits
and wanted TO know if the Chancellor
coul hear the matter on Saturday. He
said that the answer alleged certain facts
In regard to the action of the Board of
Public Works in the matter of opening
woodward street, but did not produce
the record of that action.
The Chancellor said that the Court was
not compelled to go to the office of the
Board of Works and examine the records.
All he could take cognisaDce of was What
came before him as part of the records of
the Court of Chancery. Mr.. Lewis asked
for permission to put in affidavits snow
ing to what extent the property in ques-
ton had ever been used as u street and to
show that Woodward street had never
oOCh bQCAO0s LA phAbC auot bilC
Chancellor said. were always unsatlsfac-
tory, whereas @ short crOss-examination
often cleared III pages of doubtful affi-
davits, and he would allow Mr.. Lewis to
take testimony on two days notice. This
was satisfactory to Corporation Counsel
Edwards, and the Chancellor made an
order accordingly and set the final hear
ing down for Monday afternoon at two
O'Clock.
THE cITY's ANSWER.
The answer filed by the city denies that
the road has been built wholly upon pri-
vate property, but, on the contrary, al
legeS that the company is about to build
over Woodward street, a public street Of
Jersey City. It also denies that it unlaw
fully tore up the tracks of the road, and
says that the tracks were torn up to pro-
tect the rights of the public In said street
and not for the purpose of annoying the
company. The city then charges that
said Woodward street has been duly
opened aud acquired for public uses as a
street by the authorities of Jersey City
according to law, n that the street was
dedicated to the public under these cir
cumstances:-At the time of the construc-
ton of the Newark and New York Rail-
road said company, in purchasing the
necessary right OF way, also purchased
several tracts of land adjoining the same
on either side; in 1859 most of the owners
of the property bounded by Communi-
paw avenue on the north, by the Central
Railroad of New Jersey on the east, by
the Cavan Point road on the south, and
by the Morris Canal IN the west. ar
ranged with the said Railroad Company
Of New Jersey to lay out said tract of
land into city lots and blocks, and locate
the various str eets thereon.
HOW H STREETS WERE LAID OUT.
Accordingly a map was made of all this
property, which was accompanied by an
n Orna m cant x9j0rQ6 he tho oNIpnvr ne tha
property embraced in the lines set out
above, the Newarksan New York and
Central railroads included, by which the
streets laid out on the map were dedi-
Gated to the public use over the property
of each Of the signers. The streets,
among which were Woodward ana Van
Horn streets, were net. TO be opened with
out the consent of all the property own
ers, except according to the charter of the
Town Of Bergen. Many of the streets
were laid out according to that map and
otherwise improved across the Newark
and New York railroad without any OBJ
lection from the company. In Oc-
tober,. 1882. a petition was pre-
ssnted to the Board of Works
street as shown on the map referred to.
On October 9, Of the same year a Com
mitree of the Board reported in favor OF
granting the petition. and a preliminary
map and assessment was made for the
SAID improvement. No one objected to
the proposed Improvement, the Board
confirmed the proceedings, and the Board
of Finance concurred therein.
The answer Is signed by the remains of
Orestes Cleveland, Acting Mayor, and
sealed with the great seal of the city, at
tested by John Z. Scout, City Clerk. Mr..
Lewis has not yet determined when and
where he will take his testimony.