The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1891-06-27
THE LEHIGH BLOCKED.
Judge Knapp Grants a Writ
Of Certiorari in the
Van Horne Street
Matter.
THENEW STREET BOARD ATTACKED
Ex Judge Douglass Raises New
Points Against Its Con-
stitutionaliiy.
THENEw STREET BOARD ATTACKED

Judge Knapp this morning granted a
writ OF certiorari to remove into the Su-
preme Court for review the ordinance ol
the Street and Water Board which closes
Van Horne street at It's junction with
Grand street. The ordinance was passe d
at the request Of the Lshigh Valley Rail.
way Company. which proposes to erect q
large coal yard ut that point. The prop.
erty owners who protest against the ordi
nance were represented by ex-Judge
Douglass, Henry V. Condict and John W.
Heck. William d. Edwards appeared fol
the city aud Mr.. Gilbert Collins for the
railroad company.
PROPERTY OWNERS POSITION.
Judge Douglass opened the matter to
the Court by setting forth the circum-
stances under which the ordinance was
granted. He also showed the great detri-
ment which his clients considered would
accrue to those who owned property upon
Van Horne street. and who had already
erected houses. He also urged that the
Street and Water Board had no authority
TO grant permission 10 close the street, as
the act which created it was unconstitu-
tiopal and void, as IL violated Article
4, Section VII, OF the State consti-
luton, which as amended in 1875
provides that no law shall be passed
which provides that an existing law or
part thereof, shall be made or deemed a
part OF the acts which shall enact that
any existing law or any part thereof shall
be applicable except by inserting il in
said acts. Judge Douglass claimed that
the previously existing law was made
a part of the act In violation Of the ex-
press provision OF the Constitution.
THE RAILWAY SIDE
Mr.. Collins opposed the application and
argued for the railway company that th e
company had given the residents OF Van
Horne street an outlet every hit as good
as the street itself, by new street whic b
it would build in the rear of its yard from
Van Horne street TO Woodward street.
He also spoke of the great public i'm
in that neighborhood and would make
by reclaiming the marshes and filing
them In.
Judge Knapp, in deciding the matter,
was very severe in his remarks upon the
situation and condemned the proceedings
in decided terms. He said
VERY SEVERE REMARKS.
"The question is whether It is compe-
petent for the street making power, at
the instance of private owner, TO close a
street so as 10 make q cul de sac. III this
can be done any one who owns property on
both sides OF the street can get vacation
of that street. The question again is.
what is the limit OF the words part Of a
street, 1t must be shown In order to
secure such a vacation that the ownsr
has some interest in the street md not
that he merely wants to secure the lands
Every man on street has a right to go
through that street. am here TO let the
land owners be heard before corpora
tion is allowed to cut of their streets. The
writ will be granted.
A most significant feature of these pro-
ceedings ID the point raised by Judge
Douglass against the coustitutionality OF
the law creating the new Street and
Water Board, and which will bring that
matter up again before the Supreme
Court. Judge Douglass point was not
raised during the argument or the New
ark suits, upon which the Chief Justice
decided the act constitutional. and il will
create new interest In the subject.
1t is, of course, probable that the Su.
preme Court may decide the Van Horne
street matter without touching at all
upon this point.