The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1893-01-13
SOUTH cove APPEAL.
Points on Which the Cen
trail Obtained It's Writ
Of Error.
FEDERAL CONSTITUTION VIOLATED
This Action Will Keep the City
From the Land at Least
Two Years More.

The Central Railroad Company has
taken the South Cove case into the
United States Supreme Court. Yester-
day papers were served upon Corporation
Attorney Hudspeth. who appears as the
Attorney of Record in the matter. There
were three papers in the bundle. One
was a writ OF error directed to the Court
of Errors and Appeals, directing it to send
the record OF its proceedings in the case
to the Supreme Court at Washington. A
copy OF the writ follows. Ut will be
noticed that the real parties to the suit
are the Mayor and Aldermen OF Jersey
City and the American Dock and Inn
provement Company. The latter COM
pany was afterwards absorbed by the
Central Railroad CompaDy):-
THE WRIT OF ERROR.
United States of America SIS. [
The President Of the United States of America
To the Honorable Judges of the Court of Errors
and appeals of the State Of Nei0 Jersey.
Greettn0:-
Because, in the record and proceedings, as also
in the rendition of the Judgment of plea which
is in the said Court of Errors and Appeals be-
fore you or some one of you being the highest
court of law and equity Of the said State
in which decision could be had
can Dock and improvement Com
pany plaintiff, in error, and the Mayor
and Aldermen of Jersey City, defendants in
error, wherein was drawn IN question the vaiia 10
ercised under the United States. and the de-
clsion was against their validity; or wherein
was drawn in question the validity of a statute
OF, or an authority exercised under, said State,
on the ground of their being repugnant 70 the
Constitution, treaties or laws OF the United
States, and the decision was IN favor OF sucn
= ftair ra1 ifv Ar L
question the construction OF clause
Of the Constitution, or of treaty
or statute OF, or commission held under the
United states; and the decision was against the
ttle right privilege, or exemption specially set
up or claimed under such clause OF the SAID
constitution, treaty, statute or commission: ms ma
damage of the said plaintiff In error, as by Its
complaint appears.
We being willing that error, II any hath
full and speedy justice done to the
parties aforesaid in this behalf, do
command you, if Judgment be therein given,
that then under your seal, distinctly and openly,
you send the record and proceedings Aforesaid,
with all things concerning the same to the
Supreme Court of the United States at Wash
ington within thirty days from the date there
of, that the record and proceedings aforesaid
being inspected. the said supreme Court may
cause further to be done therein to correct that
error, what of right and according to the laws
and customs of ths United States, should be
done.
witness the Honorable Melville W. Fuller,
Chief Justice of the United States. the seventh
day of January, in the year of our Lord one
thousand eight hundred and ninety-three.
JAMES H. McKENNA,
Clerk of the Supreme Court
of the United States.
Allowed by
GEORGE SHIRAs, JR.,
Associate Justice of the
Supreme Court of the United States.
OTHER PAPERS IN THE SUIT.
Attached to the writ was a certificate
from Secretary of State Kelsey, who is
also Clerk of the Court of Errors and Ap-
peaIs, certifying that the foregoing paper
was true copy Of the writ served upon
the Court. One of the otner papers was
the usual citation, citing the Mayor and
the Supreme Court at Washington.
within thirty days from the date thereof,
and answer to the allegations OF the COM
pany. The date of the citation is Jan uary
Z. The third paper was bond for
0,O00 given by the American DOCK
r. Maxwell and Henry NJ. Maxwell as
securities The condition of the bond is
that the company will appear and prose-
cute its suit and answer all costs and
damages which the defendants in error,
the city, may sustain by reason OF tue
appeal Ex-Governor Joseph D. Bedle,
appears upon the papers as the attorney
ment Company.
AS Corporation Counsel Edwards has
had full charge of the case, Mr.. ii udspeth
| sent the papers TO him.
GROUNDS OF THE APPEAL.
The grounds upon which Governor
Bedle applied for the writ were that the
taking OF the property of The Railroad
Company was without due process OF law
and therefore contrary To the Const1tu-
ton of the United States, in that The
grant TO the city contained proviso In
| the following words, which are found at
| the end of section of tne act making the
grant :,
"Nothing In this act complained shall
| prejudice or impair the right of the shore
| owners to said land" The Central Rail-
| road Campany was the shore owner and
claims tnat the city should have pur-
| chased its rights as shore owners.
| 1t was claimed that the effect OF the
| grant to the city was to wipe out all ad-
| vantages to the above owner. A further
| contention is made that although the
grant to the city was made In 1872 the
| Riparian Commissioners had the right
| to consider the grant as rejected by
the city through non action, and there
| fore. had the right to grant the lands TO
4 the Central Railroad. which latter grant
is a contract and that the decision of
the State Court impairs the obligation of
that contract and was therefore contrary
to the constitution of the United States.
1t was also alleged that the whole Ques-
tion of the Act of April 4, 1879 (the city
grant,, and the attempted compliance
Herewith by the city are matters of Fed
eral determination in the protection
/ of the right of the Railroad Com
panv and its contract with the State
of New Jersey; and that the Company
holds title under the great seal of the
State Of New Jersey under patent
which cannot be assailed in action for
ejectment such as the city brought, and
that the State was q necessary party to
the litigation.
All of these points have been raised be-
fore in the three arguments already heard
in the case; first before Judge Dixon
then before the Supreme Court, and late
ly before the Court of Errors and Ap
peals, and all were decided adversely
TO the company. This appea. will tie The
case up for a couple of years at the least
and the city Will be kept Jhatlong, IL not
longer, from the enjoyment Of the fruits
of It's great victory.
ssI believe that when the time comes, Governor
| Albeit will be the only man mentioned to sue
ceed Senator Blodgett. I know well that Mr..
Blodgett will not be a candidate to succeed him
self. There is some opposition, know, to
/ Governor Albeit, but it comes from disappont-
ed men, and will not amount to anything.
ut has been intimated that the corpo rat ons
may oppose him."