The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1892-10-01
THE CITY VICTORIOUS.
1t Practically Wins the
First Skirmish for
Brown Place.
THE DEDICATION UPHELD.
Judge Werts Sends the Matter to
the Supreme Court 10 Be
Disposed of.

There was an unusual throng in the
Chancery Chambers this morning when
Juge Werts considered the application of
the National Docks and Lenigh Valley
Railroad Companies for writ of GER
tiorari removing to the Supreme Court
the ordinance of the Street and Water
Board opening Brown place. The Railroad
Companies were represented by President
Sterling of the National Docks road; the
only Reon Barnes, who guar DIS the inter-
ests of the Lehigh Valley Railroad; Asa
Dickinson. Charles aud William Ccrbin
and Charles Thompson. their counsel.
Prosecutor Winfield. Colonel Fuller.
ex-Assemblyman James Irwin ana Reu-
ben Simpson looked on as representatives
of the Greeuville citizens and taxpayers.
while Mr.. William D. Edwards conducted
the case for the city.
OPENING THE CASE.
Mr.. Thompson opened the matter to the
court. He read The resolution of the
Board declaring the street open and an
affidavit of Charles A. Sterling, the Ma
tional Docks President. Mr.. Sterling
swore that the companies paid
taxes on property not used used
built bridge over the sewer in Brown
place which was at least eleven feet
above the crown of the sewer and the
abutments of which were ten feet from
the centre line of the sewer. He also
cited resolution of the Board of Decem-
ber 1891, which he claimed gave the road
the right to build It's bridge as it had done.
Mr.. Thompson also pead an affidavit by
E. NJ. States. Chief Engineer OF the Ma
tlonal Docks Railroad Company, aud
said that the papers in the case
had been served according to the
Judges order ,0r3. He ,s also as,l attacked l;ed
on the ground that majority of the
property owners along the line of the
street had not petitioned for the opening.
The railroad companies own the major
ity of the property, although Mr.. Thomp-
son did not say so.
MR. EDWARDS SUGGESTIONS.
At this point Mr.. Edwards said he
wished to make motion. On Saturday
next the matter of the appointment of
commissioners to condemn right of way
across the street would be argued. he
said. and he thought that both matters
could be disposed of then. The affidavits
In the case have only been handed 10 him
last evening, and he mad not had sufficient
Time to examine them and prepare an
swers. He spoke OF the great public in
tereSt which the matter had produced and
said that question had yet been brought
up that had awakened so much public
interest as this Brown place controversy
did among tie taxpayers of Greenville.
Mr.. Thompson Thought that two separate
and distinct questions were involved in
the matter. but if Mr.. Edwards was not
prepared he would consent to its going
over.
JUDGE wERTs UPHeLDs THE CITY.
.TudOe Warts said that linking af tho
matter since the application for the rule
was made, it appeared to him that, al
though the resolution dedicatiug the
street might have been detective, that
the city had dedicated lands
which it owned and had a
perfect right to dedicate fer street pur-
poses. 1t was alleged that the dedication
was not in proper form and if that was
SO, he thought the city authorities
ought to have an opportunity to
put 1T in shape The Judge said that the
best way to do woRld ce to certify the en-
tire matter to the Supreme Court and let
the application be made to the bar of this
court
Mr.. Thompson made no opposition to
that course provided this stay should
continue. This was agreed to do. While
the papers were being drawn Mr. Ed
wards suggested to the Court that the
I,ehigh Valley was now building the
abutments of bridge In the street
''Well, they do SO at their peril" said
Judge Werts, with peculiar emphasis on
The peril.