The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1891-10-28
HUDSON AND LEHIGH.
Continuation of the County Road
Hearing by the Chancellor.

The Chancellor continued this morning
the hearing in the application OF the
county for an injunction to restrain the
Lehigh Valley Railroad from interfering
with the grade of Avenue A, Bayonne,
which is to be used for poi tlon OF the
County road. Mr.. McGrath for the
county contended that the ordinances Of
the city of Bayoune granting the railroad
company permission to change the grade
were not regularly adopted. NO
preliminary assessment map was nieu.
No petition of property owners Tor the
Improvements was Oh file, and other pre-
limInaries required by law were not COM
Piled with, from which he contended
that as the foundation on which the
ordinance was granted was irregular the
ordinance was irregular.
He said that from the appearance OIL
things 1t looked as If the contract where
by the railroad contracts TO grade the
street for the privilege OF sinking the
grade was made before the ordinance was
passed.
Mr.. Cor6ip interrupted Mr.. McGrath to
say that that could not be so under the
law, and Mr.. McGrath waived the point.
Continuing Mr.. McGrath said that the
railroad company declared that 10
had given the road grade
equally as good as tnat OF Broad way,
whereas in truth they sink the road IN
hole nine feet deep, one rln
the scenery would suddenly drop into
h hole nine feet deep. He claimed that
there was no considerations for the con-
tract between the city of Bayonne and
the railroad COMPANY.
THE CoUNTy'S CLAIM.
The Judge claimed that ths county was
| in possession Of Avenue ID before the
railroad company. and therefore had
rights which the railroad company was
! threatening.
Ex-Jndge Abel j. Smith arguing for
the injunction. said that IL was al q.
| Incorporated. AS such 1t is chartered
with certain votes. He did not under
stand that because 1t was q corporation
| 1t was not subject to public and private
rights. OF course, under the law It has
| right to lay the route. but IN 80
| doing it has duties to perform to
| the public. These public rights may
| vary by circumstances which may curtaii
| or expand those rights. Rights which
| may not exist when company is formed
may be established when the road comes
| to be built. Among other public rights
which the Legislasure has created y & sne
| free and easy access of the puolic hign-
| ways. In order to protect these rights,
| the general railroad law enaets
| that when q railroad crosses streets IN
| city either overhead or under streets az
such distance as shall not interfere
street. 1t was therefore the duty
| of the railroad company to cross Avenue
| A In sucn manner us best protected the
interests of the inhabitants or that
vicinity.
BAYoNNE's POWERS.
The ordinances and contract. II legal.
he contends, were all right as far as they
| related to the inhabitants of Biyonne
But during the time these procee tings
were taking place in Bavonpe other pro-
ceedings were taking place under an act
| Of the Legislature which was OF equal
force under which tha railroad
sSs smoke had o A''sa &. s smss
uuder the Comfy Road act, and said tnal
the proceedings were taken In Bayonne
with fnll notice that the County Road
was going through that part OF Ave
nue. A.
The Chancellor asked Mr.. Smith what
proof he had that the railroad COMPANY
had notice that Avenue A was to be useo
for public road. He Id that ht
could see that the county had an equity
IL it could show that the railroad knew
that the County Road was coming.
Mr.. Smith SAID that the company knew
the road was coming, for IN the proceed
ings incident to the mrs
ordinance changing the grade
passed on January 13, 1891
it was stated that the company wonlo
put up an ornamental bridge iu anticlpa
tion that the County Road wouid run
over that section of Avenue A.
Nothing was done under these. orai
pances and CONT acts on Avenue "A. Mr
Smith said, until the County Road route
had been filed. Avenue became part
OF the County Road when the map was
filed in July, and under the law the
county takes control aud must repair II
and keep 1t in condition.
Mr.. Corbin, in reply, said that the com
pany was excavating the road to the lega
established road. The company i
excavating to the depth of sevent!
feet. willing to pave and curi
the road. The county's contention
was that the railroad could nat eros
Avenue A until the county had fixed 1t
grade. At this point recess was taken,
METHODIST RECEPTION.