The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1892-01-22
Reasons Why Justice Reeds
Decision Does Not APP
ply 10 Jersey
City.
THE MAYOR NOT UPHELD.
A Trolley System Can be Legally
Used Here, and Will Soon
Be in Working Order.

In long article Yesterday afternoon
the bright young man of the EUentng
Journal who has taken upon himself the
task of holding up the Mayors hands, at
tempted to show that that officials OBJ
jections to the extension of the
Jersey City and Bergen Railroad Com
pany's extension of its electric system
was coincided in by Justice Reed, of the
Supreme Court, in his recent decision
in the matter of the Trenton Street Rail-
ways attempt to use electricity. Justice
Reed has been mauifestly discourteous,
to say the least, in not acknowledging
the great obligation under which he is to
Jersey City's Chief Magistrate. The
young gentleman aforesaid quotes chunks
of legal wisdom from the decision to
show that the act OF 1856. under which
the Trenton Company, against which the
decision is rendered operates, does not
permit the use of the trolley sys-
tenn. If the bright young man
had further displayed the same zeal he
did in interviewing the Mayor, and con-
snlted some lawyer of recognized ability,
he would have found that as far as the
Jersey City and Bergen Railroad Com
pany is concerned, the act of 1856, like
the now famous flowers that bloom in
the spring, has nothing to do with the
case.
THE REAL LAW IN THE CASE.
The Trenton company was organized
under the general railroad law, which
gave it power to use no other motive
power than horses. The act of March,
fo, c11nh
gencies: and authorized horse
railroad companies TO use elec-
trio or chemical motors or
grip cables as the propelling power of
their cars instead of horses, provided
they shall first obtain the consent of the
municipal authorities having charge of
the public highways or streets upon
which it is proposed to use such
motors or grip cables. When
the Trenton Company wished to
change its motive power, it proceeded to
do so under this act. 1t therefore follows
that the decision of Justice Reed is APP
plicable to every road in the State which
under the provisions of the now much
quoted act. The Jersey City and
Bergen Company did not make
the change under the act, nor was
it Incorporated under the general rail-
road law. The company has special
CldTpeE Will 6udUlcS II w use Oil LioulfC
powers. even steam, under certain con-
ditions. 1t therefore necessarily follows
that the Legislature, long before the act
of 1886, gave the company the right to use
any power which might become proper,
and by proper power in this connection is
meant such as shall be ogreater impedi-
ment to the streets than the use of
horses is.
LOCAL PERMISSION SECURED.
The trolley system is manifestly such
| a proper power and the company would
have the right to use that system pro-
vided the municipal authorities con-
sented, and that the municipal authorities
of this city have consented, not even the
bright young man of the EUenillg Journal
will deny.
| Another important matter in this con-
nection seems to have escaped the bright
young mans observation. In setting
| forth the matter in which the case came
| before the court, the bright young man
aforesaid says that when the managers
! of the Trenton company began the
construction of the trolly system they
| decided to erect the poles within the curb
| lines of State street just as the Jersey
| City and Bergen Company is doing in
this town. One of the poles was
| to be erected in front of Mrs.
| objected, and the ordinance under
which the company was acting was
| certioraried into the Supreme Court. In-
stead of being like the course persued by
the Jersey City and Bergen Railroad
Company in this city, 1t was sdlametrically
opposite.
| The Jersey City Company obtained
| from the owner of every piece of prop
erty upon which it erected pole full
permission to do so. This practically put
the company in the place OF
| the owner, and when lts
| officers went to the Board
! of Aldermen and asked for permission to
erect poles for the wires they stood in the
| same position as the owner of a piece of
property is when he asks for permission
TO erect a barber's pole. pole for an
awning or any other purpose.
| The Jersey City and Bergen Company
| is not disturbed at the decision, and will
| not cease moment in it's operations tc
| give Jersey City genuine rapid transit al
an early day.