The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1891-07-30

Smith and InurOer tracts NJ SNAKE NH,
by the county, for Sos, coo The Court
sets aside the purchase by the Board Of
Chosen Freeholders on the ground that
the price agreed TO be paid was 50 exces-
sive as to show that the resolution to
purchase was in fraud of the acts OF 1881
Up. 20l. and not a legal exercise OF the
power conferred by IL.
The result fully justifes your action
and prevents the bonding OF the county
for over 800, 900. OF which Jersey City
would have been compelled TO pay over
SIS, 900 beside interest
Respectfully submitted,
w. ID. EDWARDS. G. G.
New Jersey Supreme Court,
June Term, 1891.
The State. the Mayor and Aldermen OF
Jersey CITY v. the Board Of Chosen Free
holders Of Hudson County.
On certiorari.
SYLLABUS.
A resolution Of the Board Of Freehold
ers to purchase lands the act OF
1887 pamphlet law 20I set aside, the price
greed being 50 excessive as 70 snow tnat
the resolution Is in fraud OF the said act
and not a legal exercise OF the powef con
ferred By It.
Argued at February Term, 1891, before
Justices Depue, Van Syckel and Scndder.
W. ID. Edwards. ESQ, Tor Plaintiff
John a. McGrarh aud Gilbert Collins,
Esqs.. for defendants.
Ire opinion OF the COufs was ucAfeiC0
The purpose Of this litigation is to set
aside a resolution passed by the Board OF
Chosen Freeholders Of the County OF
Hudson, passed January ). 1891, 70 pur-
chase Of Horace x. Thurber 70 LOO acres
Of land on Snake Hill for the sam OF $40
900, and to purchase OF ABEL omlta i51a
acres for the sum or Sb5.O00.
The power 10 purchase these lands Is
conferred by an act of the Legislature,
passed April q, 1857 tpamplet laws P.
201l.
The second section Of the act provides
that it snail be lawful for the kreehOlders
to make "a contract or contracts of pur-
chase Of such land, with the owner OF
owners thereof, upon such terms aud
conditions as TO SUCH Board snall seem
best and most advantageous 10 the IN
terest Of such county.
Section three gives the Board power OF
condemnation in case Of failure 10 agree
with the owner.
The price agreed to be paid for the
Thurber tract is over $500 per acre. aud
from the smith tract over A-So0 Der acre.
The real estate agents produced oy the
prosecutors say thai the outside value OF
this land is between $1,000 and &.O9O per
acre. The witness on the part OF the de-
PENDANT. who gives the highest estimate,
fixes the value at from $500 to A.V0O per
acre
An effort was made on the part OF the
defendants to swell the value Oh THESE
lands by computing the stone
would produce which may be quarrieu
from these lands in the course OF years
Calculations made upon such a basis are
/ manifestly unreliable The
of the interest account during the long
period that will elapss before the rock
can be put upon the market, and the IN
certainty as to the character OF the rock.
the cost of production. and the market
price in competition with other Quarries,
reuders such computation In the nignest
degree misleading
Der in December, 1890. offered TO sell his
tract for SIS, 900. The defendants say TINS
offer was for part and not the wnoie OF tne
Thurber tract. but we cannot tai 70 OBJ
1 serve that Mr.. ThurDer was not put upon
the stand 10 verify this y
was equally noticeable that the oelend-
ants have not been able TO procure q Wit
ness who can testify that these lands are
worth over s., 500 OF q. " per acre, WINE
they nave resolved to give a much nlgner
price for them.
According 10 the case as presented to
rs. there is no conflict OF testimony tnab
the price agreed to De paid IS not ONLY
many thousands of dollars il access OF
that for which the property was oHerea
ia the market by the vendor ABOUT thirty
davs before the resolution in question was
passed, out also AH7e1 II $3.50
value any witness who could De prouuceu
would put upon 1t.
IN ordinary cases his Court would not
undertake 10 substitute its opinions as
to values for that of the constituted au-
thorities to whose Judgment the people
haven chosen to commit the onduc u
their affairs. The evils which
flow from the incompetency OF those to
whom public concerns are or
from their lack of wisdom or Judgment
must commonly be redressed oy an ap,
neal 70 the ballot TO secure their removal
from office. Where the nmo law pre-
walls they are not under ordinary clreum-
stance the subject Of Judicial super
vision.
But the supervising power of this court
may be invoked, where the authority 70
make the engagement Is not exercised IN
accordance with the legislation confer
In this instance the legislative act i'm
posed upon the defendants the duty 10
exercise a reasonable discretion IN max
ing the purchase, and TO prevent lnlus.
tice to the county, provided the rlgne OF
condemnation
cessive that we feel impelied TO the con-
clusion that tue resolution certified Is IN
fraud OF the act of 1881, and not a legal
exercise Of the power conferred oy II
The proceedings below should De set
aside Win costs.
a true copy.
BEN. F. LEE. Clerk
Per A. LAwSHE. Deputy
Communication from the Board OF Al
dermeu requesting the appropriation OF
$50 for board of horse Of Building nsnec-
Received aud referred to the COMMITTEES
Of the Whole.
The following resolution adopted by the
Board OF Street and Water Commission
ers was received and referred TO the Com.
mittee on Concurrent Resolution
l. Authorizing the purchase OF certain
supplies (Requisition No. ~
REPORr or STANDING COMMITTEES
The COMPUTES on Concurrent Resolu-
tions reported the following resolutions
Of the Board of Street and Water Com
missionets and recommended That ths
same be eoncurred IN
L Awarding contract to Michael Curlel
for the improvement OF Nroom stree
from Summit avenue to Gray street
2 Awarding contract 70 Patrick Ryan
for the improvement OF Forrest stree
from Ocean avenue to Jackson avenue.
8. Awarding contract 10 Charlie
O'NeilI for the improvement OF Pearsai
avenue from Old Bergen Road TO Ayenu
4 Ordering paid the following pay
rolls
Assessments and TRANSFORMATIONS o.
meters-May. 1891, $40.
Assessments aud Extensions-Wate
Ann1 40 ~