The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1894-08-07
LAST PENNSY DITCH.
National Docks Wins a Final
Victory in the Great
Crossing Fight.
WHAT WILL BEDLE DO NOW?
Supreme Court 0yerrules All His
Points-synopsis ST the
Decision.


Justice Dixon filed in the Supreme
Court Clerks Office yesterday his opin-
ion in case of State, the Pennsylvania
Railroad Company and the United New
Jersey Railroad and Canal Company VS..
The National Docks ard New Jersey
Junction Connecting Railroad Company
affirming the appointment of commits
sioners by the Supreme Court for the ap-
pointment of commissioners to appraise
certain lands belonging to the United
New Jersey Railroad and Canal Com
pany Commissioners were appointed
under the general Railroad Act, Rev.
D. 925, and thereupon certiorari was
allowed to test the legality of the ap-
pointment.
One of the objections made by the
prosecutors was that the application
failed TO show either that the land was
to be taken merely for the purpose OF
crossing or that the land was not neces-
sary for the franchise of the present
owners. The syllabus of the case is as
follows
l. Under the General Railroad Law,
Rev, ., $685. an application to condemn
the lands of corporation charted for
the purpose of Facilitating transporta-
ton will be deemed an application to
crossing only, unless it AYERS that the
lands are not necessary for purposes OF
the franchises of the present owner
q Under that law lands in public
street may be condemned as against
private owner of the fee.
g. Under that law. If railroad COM
pany requires certain lands, cannot
make an agreement with the owner
which will secure TO the company the
cause the lands are held under long
lease by tenant who refuses to sell, a
case arises for the exercise OF the
power of condemnation.
Under that law lessor and lessee
of lands are not entitled 70 have their
estates condemned separately
= IfndeT that law railroad company
may condemn lands to provide for not
only its present but also its protective
necessities, within the limits of the
PENSY's LAST DITCH.
The Pennsylvania Railroad Company
applied to Jude Lippincott for a eertl-
for review the proceedings to test the
right Of the Junction Road to pass
point where the city had vacated the
street for that purpose. The Judge re-.
fused the application on number OF
grounds, but allowed it as to the reGu-
larity of the proceedings taken to con-
denim the right of way under the Penn
syivania's tracks al the Point of Rocks.
1t was argued by Charles Corbin and
Charles Thompson of the firm Of Dick
inson, Thompson & McMasters for the
National Docks Company. and eX-Goy-
ernor BedIe and James Xredenberg for
the Pennsylvania
sylvania Company, was that the ap-
plication to condemn failed to show
that the land was merely to 9a1d ne TAKEN ia ha
taken was not necessary for the fran
chises of the Pennsylvania Railroad
Company.
The Court held on this point that un-
der the general railroad law the lands
of railroad corporations may be con
of private owners, without stating the
intended use, but under such forms
lands of railroad companies can be taken
only for the purpose of crossing that II
the condemning company seeks to ac-
uuire such land for other purposes, Such
lands must be those not necessary for
the franchises of corporations, that the
lands to be taken in the present case,
belonging to a railroad company are to
be taken only for the purpose of cross
ing, and under the decision in the case
of the Pennsylvania Railroad Company
against The National Docks Company
reported ina yroom, 217, the objection
was III The The SECOND POINT,
The second point raised by the Penn
sylvania Company was that the land
to be taken lies in public street, and
the condemning company intend to
cross in such a way as to exclude or
The junction Company claimed that
by reason of their. vacation of the
street at the point of crossing the land
nuDllc properly 1He .1OuIL LtiQ
that inasmuch as the Function Com
many was simply condemning such
rights as the Pennsylvania had in that
land for the purposes of a crossing, and
z *prsuch loss by condemnation proceed
21xIgs, the company could not suffer wrong
NV the condemnation. The third point
Tas that there had been no attempt to
agree with the United Raliarods and
Canal Company the owners Of the land land
The Court held that as it was proved
that no agreement could be made with
the Pennsylvania Railroad Company,
useless to agre with the United Rail
roads and Canal COMPANY. Inc rem. efn.
the estates of the lessees should be con-
oenineoP POINTS eePTT1 FVolSVERRULED.
ciainn dn,s of fi the s Court Of Appeals reportet
in ) Stewart Equity, 1862, The last point
made by the Pennsyiganltah sa va th was 4xnctia5 tha5
Company than was necessary for a
crossing. The width OF. the strip taken
Which it was taken authorizes the con-
benning company to take l0O rect IN
yidth. That objection therefore failed.
The opinion OF the Court cohcluoes as
ioso None of the objections appear to us
to be well founded, and Il the ,,+ Rroceedlngs Gee
unqar Tbis leraeMi lperraeticaily ends the five more
years litigati9n neanv waieh the has PeHnsy wagef
saninst the Junction Railroad in its
futile Efforts to keep the e. J4nstton Tsaks At fqm fbe
pais+ If Rocks. It is doubtful if an ap-
neal posn' can al rio be- taken from this decision
and all Governor Bedle's ingenuity can. r.,
not find another resource for delay. The
next ne step in the case will be the tria
before a jury Of the appeal taken by
tIle Pennsylvania Company from the
award of the commissioners who con
demned the right. Of way under It's
racks. This will be brought on at the
Sentenber term. The Pennsylvania. peo
PIE appeal from the verdict tts Of tst B.
aa soon as the verdict is announced the
junction or Natio1a Doeks odnose eompabnis m fbis
use are one, will pay the money into
court and proceed with the work o. O.
Fl, is expected to have the work com
nIefed and trains running by next
eering.
HANNTRAT'S WAR CHEST.