The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1891-11-02
RAPID TRANSIT sure.
Chancery Decision in Favor
of the People.
AN UNBUsINESS LIKE ORDINANCE.
Bat Consent Having Been Given
Cannot Be Withdrawn - Lee
ture to Law Makers.

Rapid transit on Montgomery street is
an assured thing, and before the New
Year, residents of the Heights will be
fiping up Montgomery street, carried by
electricity. Chancellor McGil this
morning decided to grant the Jersey
City and Bergen Railroad Company an
injunction restraining the Street
and Water Board or any
other city officials from interfering with
the extension of the electric line from
Varick street to the ferry. The Chancel-
lor, however, in making this decision. i'm
posed certain conditions upon the COM
pary which President Thurston says the
company Will comply with at once.
The decision began by setting forth the
various acts of the Legislature whereby
the road was authorized to use electricity
upon it's lines.
"In September, 1885," the Chancellor
went on, ''the company obtained from
the Major and Aldermen con-
seut to use electric motors. That
ordinance gives the company unrestricted
consent to use electric motors. That con-
sent IS so broad, SO unrestricted 80 un-
reasonable, so carelessly drawn as to ex-
cite indignation at the officials who
participated in the passage of that ordi-
nance. 1t is impossible for me to pass,
without comment. the stupidity, careless
ness and unbusiness like methods of these
officials.
THE SITUATION.
''After the passage of these ordinances
the company erected poles and laid down
an extensive plant at large outlay of
money. The company introduced the
trolley wire, which Is unsightly. and. in
case of breaking, dangerous to life. After
wards the Aldermen passed
to extend its plant to the
ferry and committee was appointed to
walt upon the president of the road and
request him to extend the electric road in
compliance with the resolution. In pur-
suaDce of this resolution the committee
waited upon the president of the road
and the company spent q large sum of
money in putting down a ground wire.
purchasing posts and other works in
compliance with the request Of the Board
of Aldermen.
''The statute does not state the manner
in which the company shall use cleo
tricity. The resolution referred to gave
an additional consent to the company to
use electricity and approved of the sys-
tenn there in use. The control of the
street passed into the hands of the Board
Street and Water Commissioners
''That Board passed a supplement to the
one passed by the Aldermen, which pro-
vided that the company should submit to
the Board the plans and specifications
for the extension of it's system, and the
Board should sanction those details by
resolution before the company could pro-
ceed with the work.
AN IMPORTANT QUESTION.
''It will be observed that this supple
meut was inten ded to revoke the former
hn han ri
whether consent once given in this man-
ner can be removed. This question was
submitted to the Supreme Court in the
case of the Hudson Electric Company
against the Mayor and Aldermen of Jer-
sey City, these samedefendants
'The Court thensheld that where con-
sent had once been given and money had
been expended on the faith of that con-
sent, the consent could not be revoked.
think that decision controls this case
and | think the Jersey City and Ber-
gen Railroad Company has the
right to extend its system to the Ferry.
The question then arises whether this
Court should enforce that right. The
Court should do this under conditions,
and think the Court should be assured
that the public safety will be guarded,
and the free use of the streets in certain
emergencies guaranteed
THE CHANCELLOR WILL JUDGE.
'Ihe company SHail ulo Will tue oer-
geaut-at-Arms Of the Court as soon as
possible, practical plans aud specifications
of the system it proposes to use in its ex-
tensions, setting forth the style, strength,
height and character of the poles 1T pro-
poses to use; the distance they will be
apart: the strength and character or the
wire To be used and other information
concerning the stringing OF the wires. so
that the Court can see what the plan is.
''After the specifications are filed, the
city authorities may examine Them and
offer objections, but the control of the
matter will remain with the Court-
recognize that this electric system
would be great benefit to- the
citv and do not propose to hinder it. ]
will therefore examine the plans as soon
as possible, and after approving them,
will issue an Injunction restricting the
city authorities from interfering with the
work"
President Thurston was elated when he
heard the Chancellor's decision and di-
rected the company's engineer to pre-
0 re plans at once for submission to the
Chancellor.
The engineer told me that the plant in
the lower part of the city would differ
materially from that in use above
Varick street. The poles will be
stronger and more ornamental and a
more secure method of stringing aud
securing the wires so that it would be
| impossible for them to break, would be
| adopted. Every 500 feet there would be
an appliance for shutting off the current
so that in case of fire or any other emer-
gency the electricity would be taken
| from the wire in the vicinity
and at the same time not
interfere with the running of the cars on
other sections of the road. The wires
| would be guarded. he said, by smaller
wire so that they would not be crossed by
| electric light, telephone or other wires.
The Engineer further said that the cur
rent on the wires never exceeds 500 volts
while that of an arch light is 1000 volts
| The former was not sufficient to Kill i
human being, although it might kill a
morse. He, himself, had often taken the
shock without injury.