Telegram-herald., 1891-12-30
WAR ON THE TOLL GATE
TIE lsaPaSY ssIs ~cgEss sOT,
kos.sias Tskss ~ shs slts ssa Iss "a
thssssy Tor Aefsas "a ths m-isss.
- A. fletstsr .sys the Ast
Does Nss Apply.

IN pafsuaace w3th wishes emph4a-
eally expressed at : mass meeting OF
residents sad hnssness men oa soath
D.s.noa street. Alderman csFpentsg IN
troaaced = rssolas On m the eoaneil
meeting last Naatsy night whlch dsd
fer 80 psirpoft the COMPULSORY removal
Of tAs Toll gate from wlth.n the city
lntsts en- sogth Division street. con
trolled and owned by the South Dtvis-
nm street. Gravel Road. company. The
uarsbal was authorized 10 take tue
!nltistory sfsps toward accomplishing
me des.rcd chjecs. The esty's posstioa
in the matter - Clearly defined. One
Gay after tas special act OF the gala
ture. extending tas hfatts OF the city.
went into esfcst, the gravel TOAD ecni-
macy moved Tho toll gate iisside the
lIfn,ss and e0naracted house
fer the collector TO 1--we IN.
Tie sfrueturs was placed IN
the h:ghsay instead OF by tEe slde os
she roaa. Now. the questions raised
{. are: Does the building constitute aii
lobsfrnesscng Has -ths travel Road
comnanv the right 10 build on the
puflie highway The city will hold
that. iuasmueh "a the toll gate wa,
nlaesu Inslste the limits. subsequent GO
the date upon which the law creating
scch !llnltz wsnt into effect, the eoHs
pxny cannot maintain Il, because u did
.not obtain permission from the council
% establlsn the gate at that point. III
heu of tho necessary grant. and
the fact that the toll gate wa'
put where 10 now "a after
the law wen. into effect. it Is considered
that section 3595 OF Howell : Annotated
statutes governs the case. Ii reads a.
follows. "No plank road company or
gan3ud snbicst To- the provisions oi
this aet, ssiall, without consent OF the
local AUTHORITIES, keep or maintain 4
toll gate hin The present or future
corporate limits OF any city or Village
ana no such company shall collect toll
from auy portion ot its road within
such limits. on which a pavement main
tanned BY nleh municipality. The asseni
of any such company to this amend
n,ens shall not be necessary ~ order tc
mako this act applicable TO such com
psny. And If any plank road company
er companies IN thls state NJ the time ol
the passage of this Act, maintaining any
toll gate within any corporate limits ol
any city or village. said plank road
company or companies are hereby re-
Quilted To discontinue aud remove said
toll gate beyond tho limits OF said cit,
ar village within sixty days after they
are notified by the city authorities u
30 discontinue or remove the same.
The Ci,y mas Another Reason.
whiIo the road in controversy is
ssgfavel' and taat above mentioned
sspiank." :" i'll held 10 apply Just ih,
same. because the South DivlsloI
Street Gravel Road company was OF
gained under that act. There Is an
other section with which none OF ti'
toll rosi companies have complied
IL ls S577. and provides "rhe board o
--~2nfctors Of such company, after th'
same shall become organized a
required BY tho provisions o
TINS act. shall proceed TO caus'
an accurate survey and descrip
ton TO be made Of the routs o
their road, aud of the land necessary
10 he taken by said company for th'
construction OF such road, and th'
necessary bulldogs and gates; they
shall subscribe such survey. ant
acknowledge its execution as the ex
ecusion OF deeds ~ required to bs
acknowledged. IN order that they may
DO recorded. ard they shall cause sncl
survey 10 be recorded in the register :
Office OF each county through wnici
their road may pass" A searcf
through the register OF deed,
Office failed % reveal an IN
stance where any registration had
been mnne. Another point IS that this
particular toll gate is not protected by
she recent dtcaion of the suprem,
sourt. which decseed that. where n toll
gate had existed prior to tho establish.
msnt of city limits, by virtue OF such
priority u must remain. As stated
shove. the gate was moved msi@e onS
day after the law weat into effect.
William III. Anderson. secretary OF
the Soath Division street Gravel Fosd
company was seen yesterday by q
TEIEsnkH-lfHrAAE reporter. but wai
loath to give expression To au opinicn.
lie sad be preferred that \. a.
flslcher. president and legal adviser oi
the company should do the taking
Nr. fletcher was sick and confined - lii.
home, where he was interviewed. s.fr
my opinion. ami I think | AN right
the city cannot compel the company tt
rem ose the gate. sections 3j1I and
1896 do rot have the least @pplicatiou
10 the case in hand." The necessary
papers aro hong prepared. ard CTS
Marshal Bragg will serve them somor-
row.
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