The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1891-05-28
BRUGGEMANNS RETURN
His View of the Law and
the Facts in the
Park Case.
Mr.. THURsToN's COMMENTS.
The Park Board Will Retain At
torney General Stockton
and Fight Hard.


President Thurston Of the Park Board
did not seem to be disturbed this morn
ing over the return Of Director at Large
Bruggemann to the writ Of mandanus
issued BY Judge Knapp directing hin to
sign the park bonds or show cause why
be does dot sign them
This Is the compiete return which II
now published for the first timer
The answer Of August n BruZ9emann,
Director-atLarge OF che Board Of Cnossn
Freeholders Of the County OF Hudson 70
the writ hereunto annexed. He pro-
tests as matter OF law that
l. The act cited IN said writ is unconst5-
tutional against public policy, Illegal and
void.
2. II the original act be not 50 void the
supplement thereto, approved April II.
1859. renders the entire legislation void
because 1t repsals the provision requiring
the consent OF the Boards OF Chos en- Free
holders Of the respective counties TO ali
agreements for the purchase o< park
sites
8. The petition recited in the annexed
writ is void for uncertainty, and the order
thereon Is therefore void
4 By the said act the applicants for the
appointment of Park Commissioners. and
not the Commissioners, are to Determine
how many PARKS there shall be- Said APP
plicants made no such determination. and
under the petition and order recited in
the annexed writ fis the same be not alto
gether VOID for uncertainty, the Sonml8-
sioners appointed could not make the DE-
termination, and could not in any view
select site for more than one park
ali a. - uft t~a x~<r fur h.
selection of each site-
5- The petition and order recired In the
annexed writ fell and became inopera-
tive. upon the taking effect of the said
supplement Of April IL, A D. 1889, or. Il
not, then the supplement- itself Is In
operative upon the purchase Of Parks au-
thorized under said petition and order,
and the consent Of the Board of Chosen
Freeholders OF the county Of Hudson 70
the agreements 70 purchase alleged In
annexed writ TO have been made, was
necessary Suen consent the annexed
writ does not rec1te.
MATTERS OF FACT.
He certi1es and returns as matters q
fact that:-1. Henry Lembeck. Edwin A
Stevens and Livingston Clifford. named N
said writ as appointed Park Commiz-
sioners. were among the applicants for
the appointment of Park Commissioners
and William c. Heppenheimer named,
was also such an applicant rs attorney for
certain estates in which he was inter-
ested
2 The Board of Chosen Freehoiders Of
the County OF Hudson has not consented
to the alleged agreements for purchase
OF park sites set forth in the annexed
writ.
8. For only one entire site selected By
said Commissioners have they entered
into an agreement in the corporate name
of the County of Hudson with the owners
f1f q
Qf any being for small plot within an
other site, and for several isolated pioEa
within another site, no such agree
ment having been made as to the fourth
site. The aggregate price for all land Tor
which alleged agreements with the own
ers have been so made BY said Commis-
sioner is much less than six hundred
thousand dollars.
l. The Commissioners have sgreed to
pay one hundred and sixty-tve Thousand
dollars for land purchased by the owners
within about three years for hfty-fige
thousand dollars.
Wherefore, the said August NJ Brugge-
mann, Director at-Large as aforesaid.
hath not signed the bonds mentioned In
the command Of the annexed writ.
A. NJ. BRUG6EAASN.
COLLINS & GOBLIN,
Attorneys
Dated May 25. 1891
TO RETAIN THE ATTOREEY-GESERAL
Mr.. Thurston said that Is to the eonsti-
tutionallty of the act forming the Park
Board the Attorney-General had exam
ined the law thoroughly ana had pro-
nounced it constitutional when he auth
orized the Trustees OF the School Fund to
invest IN the park bonds Attorney-len-
eral Stockton, Mr.. Thurston continued,
would be retained BY the Park Board 70
assist Judge Garretson in the suit
The President thought it would be alb
surd TO allow the applicants for the parks
the right TO designate where they should
he located. As 10 the point raised By Mr.
Bruggemann that three Of the Commis-
sioners were applicants for the parks. Mr.
Thurston said that the Commissioners
were appointed by Judge Knapp and be
thought .the Judge know what he was
doing. He also thought that the Free
holders practically gave their consent to
the proceedings of the Park Board when
they authorized the issuing OF the bonds
In speaking Of the third matter which
Mr. Bruggeniann alleges in his return 70
be fact, Mr.. ThursJon said that the Com
nissiOners were authorized TO raise
money not only for the purpose OF lands
for the parks, but alsoilor the purt % or
improving aud beauiifying them Al
though he had not figured the matter
closely, he was inclined 10 think that the
amounts named in the contracts for the
purchase of the sites viii foot up pretty
close to $500, ,0Oe.
as to Mr.. Bruggemann's fourth mat
ter of fact" Mr.. Thurston said that thar
referred to the King estate, and as has
been fully explained. the sudden rise in
the price OF that property was due TO the
fact that the Palisade Amusemenr Com
pany wanted the land. and BID high
price for it The Commissioners had also
to bid high TO secure the property.
Arrested for Robbins the Erie
John B. Wright, of Paterson. a trusted
employe of the Erie Railway Company.
was arrested Tuesday night on q charge of
GRAND larceny at the counpanvss store