The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1893-10-03
ANOTHER AMENDED PLAN
Pennsy suggests a Way Out
of the Point of Rocks
Difficulty.
JUNCTlON's LAWYERS OPPOSE IT.
Judge Lippincolt Adiourns the
Hearing Till Thursday. When
Arguments Will Be Heard.
LAWYERS OPPOSE 1T.

The Circuit Court room will for the
next two weeks be the battle field upon
which one of the most bitter legal con-
tests will be- fought that has ever taken
place in this State. The contending par
ties are the National Dock and New
Jersey Junction and Connecting Rail-
way Company against the Pennsylvania
Railroad Company. The prize for
which this battle wa1 fought is the
right of way wanted by the juno
ton Company to cross the lands of
the Pennsylvania Company at the Point
OF Rocks, where the road bed has been
elevated for the accommodation OF more
than twenty :racks, which are In con-
stunt use. A round house aud repair
shop has also been erected at the spot.
The Junction road desires to make
continuous road from Weehawken to the
Natioual Dock storage houses and with
the exception of the narrow strip oc-
cupied by the Pennsylvania road has
done So II the junction TO I'd Is per-
mitted to cross the Pennsylvania road,
the necessary connection OF the ends or
the junction road will be then COM
pleted.
After a warfare that lasted since 1899
the junction Railroad Company about
six months ago succeeded in having the
right OF way TO cross the elevated TICKS
under grade condemned by the comnlis
sion which allowed the Pennsylvania
Company $9.9S2 damages for the land
taken. and $lf2.5S7 for damages to be In
Cured by reason Of the necessity for the
Pennsylvania Company to elevate its
tracks tsom five to six feet, to give the
junction Road room to pass uud5r gra is.
,,t7ft INV ann cd
from this award 10 the Supreme Court,
aud The trial of the case was set down
for today.
THE REQUEST TO AMEND.
The Junction Company. however, had
asurprise in store for the Psnnsylvania
and thirty days ago the company served
notice on The Pennsylvania That it would
ak Judge Lippncott to amend the
appeal so US TO permit the changing of
pans for crossing the Pennsylvania's
tracks from walled roadway to an
archec one.
This application to amend was argued
at lengnth, and published In THE JERSEY
CITY NEWS last week. The Pennsylvania
Company opposed the acceptance OF the
amendment which was made under an
act of the Legislature of 1898. and
claimed that Tue Court did not
have the power to admit such
amendment for the appeal case was
pending at the time the act became law.
ana that the act was not retroactive.
Judge Lippiucott rendered decision In
favor of the junction Company, and
admitted the amendment and the pro-
posed chance of plans
THE BATTLE BEGUN.
4he Pennsytya. la Company was much
put out by this decision, but the great
corporation is fertile in resources aud it
at once began new plan of campaign,
aud today when the two great corpora
tions confronted each other in court it
orened fire at the first mo-
ment aud q brisk skirmish
took place along both opposing lines.
The generals having charge of the army
of the Pennsylvania We're Ex-Governor
Bedle and Vreedenburgh & Garretson,
and those who guided the Junction
Company's attacks were john R. Emory,
Collins & Corbin. and Dickinson, Thomp-
son Il McMaster.
PENNsY's NEW PLAN
Counsellor Vredenburgb, before jury
could be drawn from the struck jury,
addressed Judge Lippincott by saying. In
response to a question of the Court, that
the Pennsylvania Company was not pre-
pared TO go TO trial today. He said the
Court had only rendered its decision
Saturday on the great argument
ou the question of amending
the appeal, and that be
an his colleagues Had not had sufficient
time TO thoroughly examine into the pro.
stood from the opinion of the Court that
the act of 1893 not only gave the Court
power to ad NIT amepdm to the pend
ing appeal, but made it the duty OF the
court To decide which was the better
place to 60 to the Jury with, and that a
motion to amend could come from either
party TO ths suit. e,<
Until we received the notice Of the
application to be made to amend the
appeal, we had no idea tuat such q step
was being considered, and did not know
of the recent act under which the appii-
cation was TO be made"
Continuing. Mr.. Vredenburgh said
that decision had been
made by the Court in the
change of plans and that under such
decision the Pennsylvania Company
desired TO amend the amendment and
propose an entirely different plan whioh
he believed would prove to be satisfac-
tory to the junction Company.
OPPOSED, OF COURSE.
Counselor Euory opposed any such
Rmendmeut. He dill not think it fair
that an entire change of plan for crossing
should be asked for on the day of trial.
the Junction Company had given
thirty days notice when 1t
utemplated asking for a change OF
plans and when the argument took place
no objection was made to the plans.
but tuat the Pennsylvania Company de-
panded wholly on THIS ground that the
Court had no power to amend the appeal.
ADJOURNMENT WANTED.
Judge LfppIucott replied TO the argu-
nent that under the statute he did not
o how he could deny the application of
re Pennsylvania Company to offer an
amendment and change of plans. After
sou.e fur ther discussion by the lawyers
the Court decided to adjourn the case
until Thursday morning, when argument
would be heerd on the question of
further amending the plans This the
Court decided could be dons while the
jury was engaged In surveying the lauds
ia question.
WANT TWIN ARCHWAYs.
The plaus which the Peunsylvania
r ulroad Company desire to have go be.
lore the Jury provides for twin archways
Of wide spans. Tnis, the company claims,
would relieve il from the necessity OF
ting its t:acks. for twin archwaY Q
would per- 1. the Junction company to de.
press It's top one foot aud one-half. just the
height that the Pennsylvania Company
would be compelled to elevate the road
he'd ii the Pennsylvanias plans should
not be adopted and tine amended plans of
the junction Company should be carried
but.
A WOMAN STRANGLES HERSELF.
SCRANTON, Pa. Oct g. 1693-Annie Jones,
wife of Jesse Jones, of Hyde Park, was fount
jaad on Juzarna cfraaf this morning Thu