The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1891-10-27
COUNTY ROAD COUNSEL.
Judge McGrath Explains the Need
for Recent Appointments.

- ~
There has been such an amazing quaD-
tity Of misstatenent by the newspapers
and otherwise regarding the appoint-
nents and the necessity therefore recent
ly made by the Board Of Chosen Free
holders OF our county, of the gentlemen
selected to assist In the legal work neces-
sary In and about the opening, construc-
ton, &C.. of the proposed new Public
Road or Boulevard OF the county-the
result Of misunderstanding or wilful mis-
represeptation--as to lead me to conclude
that l should, without further delay, lay
bare the facts to the end that this bugaboo
picture of alleged extravagance and raid
upon the county treasury may be ex-
posed knd its utter disregard OF and con-
tempt of the truth shown.
The facts are these:-The road referred
to, to be opened and built under the law
relating thereto is to be a hundred feet
wide aud about fourteen miles in length.
extending from n end OF the county to
the other.
ALI the land and property necessary for
such road, except land, ii any, which
may be acquired by gift TO t re county, Is
to be taken by what Is COMMONLY known
as condemnation proceedings, to be car
ried out by six sets OF commissioners,
each set composed of three members, all
of whom were appointed by an order OF
Hon. Manning M. Knapp. Justice OF the
Supreme Court, dated on the third In
slant.
rhe law requires that these commits
| sioners shall make reporr of the work
I committed to them by law within three
months after the date OF their appoint
ment. Now, so far. these commissioners
rave not performed any work for the rea-
son that one Is ready to be proceeded
with by them.
the reasons therefor are:-The law re-
Quires thai before the Commissioners
snail proceed, every person who has n
.-A---A Il $500. II fkA 1onI .-ol A.
tate or property to be taken shall be given
| proper notice, which notice, by the re-
| uuirements OF the order made by the
aforesaid Justice OF the Supreme Court,
must be served on persons to be found
| within the State not less than ten days
before the time the Commissioners meet
to make their appraise yient. etc.
In the case OF persons out of the State,
or who cannot be found therein, then
notice is to be given by mailing same to
| residence or Postof1ce address and by
| putting up copy on or near land or prop
erty to be taken and by publication In the
newspapers, in one class OF cases for not
less than twenty days. and In another
class Qnciuding persons IN interest whose
| names are Unknown or who cannot be
found not less tnan two months.
In certain cases, in addition to the
aforesaid notices, three copies are to be
posted in three different places at the
Court House. etc.
In every instance, before the Commits
sioners can proceed to consider the inter-
est Of a party, whatever It may be. ain
davit showing the service of the require ed
notice on such party must be on file.
These notices, to be prepared by che
lawyers to fit the peculiarities Of the sew
eral cases, are apt TO be of Infinite va
riety.
III order to ascertain who or what Is
interested In the land and property within
--.A - 49,. zHtk4x 4.,rkA I -
road, as we'll as to determine the char
acter Of the several interests and to rem
der possible service of the notices re-
| quired as shown, it is obvious that u
search, such as one causes to be made
| who is about to purchase q piece OF land,
must be made BY or under the super
vision OF lawyers skilled in that work
| which search, of course. must cover and
| embrace every instrument and record re-
lating to title which can be found, having
reference to the territory mentioned.
The titles TO- ba thus examined are esti-
| mated at a. thousand or MORE, and the
| number of parties interested as owners,
| or calming dover or curtesy, MORTGAGES,
| Judgment creditors and other lien holders
and parties Who may be affected in the
premises are estimated at several thou
sands.
an above indicated, the legal work, tim
| and attendance necessary In the conduct
aud carrying out Of the proceedings, pro-
| curing of evidence, &c., &c. to be gone
through with by the six sets OF commits
| sioners mentioned-two or three of which
will surely be In session at the same time
land it will not, I think, be difficult for
| any one, no matter how biased, to see at
q glance that the legal gentlemen APP
pointed are likely to have their hands
full.
And as for the Counsel to the Board, his
hands surely will not be idle when. in ad-
ditiOn to his ordinary duties, he will be re-
quired to direct, in a general way at
least, the other legal work herein referred
to.
1t need hardly be added. If it were not
for the work to be done by the title COM.
pany, at least twenty lawyers could and
should be engaged In order to facilitate
the work, so as that the building Of the
road may be carried to completion within
reasonable time.
Another feature to which I direct at
tention is this:-A great fuss has been
made about the alleged action OF the
Board IN agreeing TO pay three OF the law
yers referred to twenty-five dollars per
day until the work is done. No such res
olution or order was made.
The resolution passed. but not pub
lished, provides That the compensation
to be allowed shall not exceed. in any
case, the rate Of twenty-five dollars per
day, TO be paid only for time actually en-
ployed in work, on claims to bu
presented verified by oath. Does any
one mean to intimate that any
of the gentlemen would swear
to a claim for work not performed?
should not fail to add that only one of the
three. the senior, is to receive the per
diem limit rate fixed.
To demonstrate further the injustice OF
the criticism made. let me say this;-
Last Monday the appointments wer'
made, SO far not q dollar or expense has
been imposed on the county by them. and
none will be until the work Is ready fol
tine appointees to t Ike up.
1t may not be unfair to remain right
here, that my notion IS that the apparently
severe criticisms made coming almost gu
the eve Of an election is part of the usual
howl of condo unation raised by the outs
against the ins, without regard for the
real truth of the oh rges made.
Under the circumstances usually. to
put 1t in the popular ve~rnacular OF the
time, "we are all III it."
And after the election we loon get on
of it," Passing in review as it were
before our former assailants who now
laugh in their sleeves IN grateful acknowl