The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1891-10-23
War ON LEHIGH VALLEY.
Freeho1ders Take a Hand
in the Big Fight.
COUNTY ROAD TRENCaED ON
Chancellor McGill Requires the
Company to Show Cause for
the Change of Grade.
COUNTY ROAD TRENCHED ON

The Board of Freeholders has declared
war against the Lshigh Valley Terminal
Railway Company, and at the meeting
held last night the Freeholders were In
formed by Judge McGrath that he had
obtained temporary Injunction against
the Railway. There were absent from
this meeting Director Bruggemann and
Freeholders Hennessey. Tierney and
Pfngsten, but those present were unani-
nous in commencing the action Of
Counsel.
More than year ago the Lehigh VAL
ley Company entered into contract with
the City Of Bayonne by the terms of
which the Railway Company was given
permission to change the grade OF Ave-
nue. A, providing it would grade and pave
the same at no expense to the city. The
railway company desires to Cross that
thoroughfare below the grade at which
the Freeholders wish to fix the County
Road. This road will pass down Avenue
A at the point where the railway is TO
cross
The Cnrrie estate objected to the con-
tract made by Bayonne and the Railway
Company, and certioraried the matter to
the Supreme Court. but before decision
was Ic6Cutu buo SUN WAS QlsCOubk utQs
Under that contract the Lehigh Valley
has resumed the construction of the road.
and Is excavating a strip 100 feet wide on
the avenue in question. When these
facts were presented to Chancellor Nc
Gill by Judge McGrath he signed the fol-
lowing rule to show cause. which is In
effect q temporary injunction.
THE CHANCELLoR'S ORDER.
The Board Of Chosen Freeholders of the
County of Hudson, compliments. and the Lehigh
Valley Terminal Railway Company, defendant.
above cause. and affidavits thereto annexed,
and on motion of John A. McGrath. Solicitor,
and of counsel with com ,lainant, It il, on this
twenty first day of October, A. D. 1891, ordered
that the defendant show cause before the
Chancellor at the Chancery Chambers In Jersey
City on Monday the 9Th OF October instant. at
ten O'Clock In the forenoon. why an injunction
shall not issue according to the prayer Of the
bill.
And it is further ordered that in the
meantime. and until further order to
the contrary, the defendant, its officers, agents,
servants and workmen shall desisE aud refrain
from excavating earth or other material from
any street, avenue or highway within the bound
aries or lines of the County Public Road as
mentioned in said BILL aud particularly thar
part OF the said County Road thar lies between
the Morris canal and West Fifty first street, In
the city of Bayonne, and said road is repre-
sented upon the survey and map thereof on file
in the Clerks office Of the Board of Chosen Free
holders Of said County.
order, and of said bill and the aidavits her eto,
bs served upon the President and one OF said
company IL they can be found In this State, and
If not then upon Messrs. Collins & Corbin. the
solicitors of said company.
ALEX. T. McGnI-
CERTIORARI ALSO.
Judge McGrath read the order to the
Freeholders, and on motion Of Freeholder
Kimmerly the Judge was Instructed to
bring certiorari proceedings In the Su-
preme Court i'm addition TO the suit in
Chancery, for the purpose OF ascertain I
ing If the contract between BayOnne and
the Railway Company gives the latter a
legal right to change the grade in the
County Road. The change that the
Lehigh Valley wishes to make was not
undertaken until after the Freenolders
had designated this portion of Avenue A
as the line Of the County Road urd der the
act of the Legislature. Judge McGrath
is of the opinion that the railway COM
pany will be prevented from making the
change.
The Board ordered paid a number of
claims among which was the salary Of
Thom as McDonough. Chief Index Clerk.
Freeholder Nelson objected to paying
the claim. He asked the Board If sim
gle member could vouch that Mr.. Nc
Donough had done any work at all DUR
ing the month which entitled him to .
salary. No member gave the guarantee,
but Clerk Boyd declared that McDoR-
ough reported to bim each day for duty.
The discussion ended by Mr.. Nelson de-
claring that he did not believe McDon-
ough did any work at all and that he had
not earned any salary. Mr.. McDon-
ough's claim was ordered paid, however.