The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1891-10-26
HUDSON VERSUS LEHIGH
Avenue IA Grade and the
County Road
Bridge.
BAYONNE had NO AUTHORITY.
Reon Barnes Made Proposition
Which Might Haye Been
Accepted, But 1t Is
Too Late Now.
BAYoNNE HAD NO AUTHORITY.

Ine suit OF the county against Jne LIE.
high Valley Terminal Railroad Company
was before the Chancellor this morning
The case grew out of the application of
the county for an injunction to restrain
the Railroad Company from constructing
the bridge OF its new line across the
county over the County Road and from
changing the grade of Avenue A
Mr.. McGrath. representing the county.
asked for an adjournment of the hearing.
He said that certain letters and proposi-
tions from the railroad company had
come to his knowledge since the fling Of
the bill, which IL known at the time
would have materially strengthened the
county's bill. These proportions had
been submitted to the Chief Engineer of
the county, but never TO any authority
competent to make contract.
Mr.. McGrath said that he expected to
show that Bayonpe had no power to
make a contract giving the railroad COM
pany the right to change the grade. The
ordinance which the Council passed was
for no public benefit, but was passed
simply to diminish the cost of q railroads
approaches. He did not deny that the
BayonDe Council had the right to change
the grade Of the street II the public in
bcIeHLb ueIu&uQcO ~, puV no ClhinAGu
that the ordinance was simply. in
the nature of q privileged subject
to annulments at any time. The county
had right to annul this privilege as
soon as it had fixed the new County road
lines under the law,
Mr.. Corbin visited him Saturday. Mr..
McGrath said. aud wanted TO know what
the county wanted from the railroad COM
pany in the premises.
POSSIBLE COMPROMISE.
Mr.. McGrath replied to this that Ii the
company could make proposition SINH
lar 10 these contained in a letter sent to
Chisf Engineer Harrison by Reon Barnes,
lay the proposition before the
Fresholders NJ it, meeting next Thurs
day, and he felt safe in saying that the
Board would consider it favora bly,. Mr..
McGrath then proceeded to read
the letter, but was interrupted by
bin. The Chancellor after some
argument cosented to let Mr.. McGrath
read the letter. Mr.. Barnes proposed that
If the grade was changed the company
would place its abutments over ave-
nue. A. the course of the
county road, one hundred feet apart
and cross the street on one span. The
the canal to Fifty-Recond street and pro-
vide proper drainage for the change Of
The Chancellor asked Mr.. McGrath il
he understood that the county would ac-
cept this proposition.
Mr.. McGrath replied that he thought it
would.
Mr.. Corbin replied that the letter of
Mr.. Barnes to Mr.. Harrison was written
in January last. and as he had
not received any answer TO it,,
the matter was dropped. Since
then Bayonne passed an ordinance
fixing the grade Q t Avcnne A and had
company was to pave the street for dis
tance Of 8. 100 feet He also claimed that
the grade established by the ordinance
was harmless and was not greater than
that of Broadway.
A NUMBER OF AFFIDAvITs.
Mr.. Collins tnen read several affidavits.
Albert H. Daken, Chief Engineer Of the
Hudson county section of the Lehigh
Valley Terminal Railroad, swore that
the grade established by the Bayonne
Council was the best for the County
Road.
Joseph w. Edwards, one of the con-
tractors for the grading of Avenue A. de-
posed that the delays caused by the pres.
ent proceedings were causing
them considerable damage, as the
contract was based on The supDosiuion
that the work could be prosecuted during
the summer and FALL
Albert n. Smith, City Surveyor of Bay
onne. swore that the grade established by
the ordinance was the best for the Coun-
ty Road. and Walter S. berg, assistant
engineer OF the Lehigh Valley, made
affidavit to the same thing. Mr.. Reon
Barnes, of Staten Island, showed in a
little affidavit which contained the
statement that the bridge over
Avenue A was portion OF
a through line from Jersey City to Buff
falo, which was all completed and would
be put into operation as soon as the bridge
could be completed.
Mr.. McGrath again took the floor, and
maintained that under its charter the
City of Bayonne had no authority to
change the grade. The Chancellor final.
ly adjourned the matter until Wednes-
day