The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1895-02-11
Strong Opposition to the Bill
in the Legislature to
Uphold Them.
LAWYER CoRBIN'S OPINIONS
Complaints That the Present Bill
Is Too Generous to Rail-
road Companies.

ing railroad crossings at grade, and to
him is due considerable credit for the
raising of the tracks of the Pennsylvania
and Central roads in Elizabeth, where he
resides, and also the Pennsylvania tracks
in Jersey City, where he has his office.
The following timely letter from Mr..
Corbin will therefore be read with much
Interest,"
To the Editor of the Sunday Call
The bill pending at Trenton for the
abolishment of grade crossing contains
two proposals; first, to compel the rail-
road companies to elevate or depress
their tracks in cities; second, to compel
the payment of part of the cost from the
public treasures.
The adoption of the first proposal is
only question of time, and most people
will agree that in the largest cities the
time is ripe for it. Safety, convenience,
profit, humanity, every consideration de-.
rnands that when the tracks multiply and
traffic on the streets increases the grade
crossing nuisance must be abated.
The second proposal involves distinct
and important change. not only of law
but of the established policy of the State,
and should not be agreed to without
serious reflection.
When the hrst railroads were charter
ed, slxty-five years ago, the question was
policy adopted which was continued un-
changed TO this day. In every charter
passed there was inserted substantially sLSl!i y
from the charter OF the New Jersey Rail-
road and Transportation Company Naws
of 1882, p. 104, Sec. 20):-
1T Shall be the duty of said company
to construct ana keep in repair good and
sufficient bridges or passages over or
under the. said railroad or roads, where
any public or other road shall cross
the same, so that the passage Of CAR ,7
riages. horses or cattle on said road shall
not be impeded thereby"
ONUS ON THE COMPANY.
In the general railroad act of 1873 the
companies thereafter to be created. The
duty is cast on the company alone to
make and maintain passages over or
under the rails.
In 1874 another general act was passed
in furtherance of the States policy of
protecting crossings at the cost of the
in order 10 secure greater safety, might
enter into contracts with the companies
whereby the said companies may re-lo-
Ga{fh aahg ad cities Gf end for fhat
purpose shall have power to vacate, al
ter the lines and change tins grades OF
vision. 94z.)
the city changes grades; Under this act ,s..
elevated at its own cost It's tracks IN
Jersey City. Elizabeth and Metuchen.
and depressed them at Trenton; and the
in Elizabeth and Bayonne. The cities
very properly readjusted grades and To-
cations and even vacated parts of streets
but in every case the company did al
the work at its own cost. Some Of the
newer companies, like the Newark and
New York and the Lehigh Valley, built
portant streets carried over or under at
''ie-- EMINENT AUTHORITY.
The duty imposed on the companies by
their charters has been admirably de-
fined by our courts. Chief Justice Beas-
ley, in the case. of the Central Railroad
Company VS.. the State, Xroom, 224.
said This provision, it will be per-
eeiyed, imposes duty on the company
continuing duty to which the company
is made subject, which, in its perform
ance, must be measured by clrcuna-
stanbls. Thus, bridge or a passage
way, which at one time would be ade-
cuate to the public accommodation,
might, at subsequent period, from an
totally Inadequate, and consequently q
provision which at one juncture would
another amount to its infraction. Sup
pose a public street in g town 10 have
been originally laid by the company over
the surface OF their track, and that by
reason of the growth of their business
at that locality their trains should pass
in such quick succession as to render
these circumstances could 1t be pretended
that the company could discharge them
selves from the obligations whlch the
section in question imposes, except Dy
passing the street thus obstructed under
their road. so as to restore it 10 puoiic
use. The duty prescribed is to Keep at
all times and under all circumstances the
public highways at the point Wnere tney
cross the railroad in condition MT 1or
safe and convenient use.
SEPARATION OF GRADES.
Vice Chancellor Van Fleet enjoined the
D., L. & W. r; R. Company from using
four new tracks Whjeh they 5re nad hain la19
previously five tracks in existence, and
he puts the case on the ground that such
" impair the use of the highway. He
adopts the Chief Justices language as
above, and adds that "a chWighiway' W \ @ TO to
ated, must be free, safe and eonyenlent.
(Newark VS.. D., T. & W. R. r., Is Stew.
The railroads accepted their charters
fully forcwarned of this requirement.; Ev-
cry charter says over or under. At
and population small mere signboard
with Lookout for the LocoFnoulye! was
accepted as sufficient. Later fiagnlen We're
posted at the busiest crossings; Still
later gates became necessary. Now we
are reaching the final stage. where alb
solute separation of the, grades must be
enforced in the cities. The Pennsylvania
Railroad Company and the Central Rail-
rc9d Company, IS wen as he Lehigh
Valley and the Newark and New York,
have recognized their obligations and
have abolished or are now abolisning
the worst grade crossings. L4arGe sums
1.,S 1sGsa {, su.lG II jersey C1ty, B1yonne,
Newark Elizabeth, Trenton, Metuchen,
Fenwoed and Plainfield, and the work is
still going On, to the great satisfaction
OF the people end the companies.
A SERIOUS DUTY IMPOSED.
Is it fair to these companies, who are
doing their duty willingly and without
help to aid with pubic money their
rivals, who hang back ard will act only
grudgingly and by compulsion? More
over, wherein is the wisdom of departing
from the existing policy. of The. State?
joyment of valuable franchises be ex-
crsed from one of the most serious duties
imposed by their charters?
Some of the older comps nies for many
years enjoyed valuable immunities from
taxa ion. 1t may well be that these were
granted by the Legislature in view of the
burden of building the bridges for road
crossings, which was SO plainly imposed
upon them.
The Supreme Court speaking through
Justice Magic, has held that duties re-
CURED of a corporation by its charter
are in the nature of conditions annexed
to- the grant of the franchise. (State VS..
Godwinsville, etc, Road Company, Is
Vrocm, 1867 If, therefore, the corporation
Is to continue to enjoy the franchise, 1t
should be made to fulfil the conditions.
The cities should agree to everything
in reason in the way of changes of grades
ard locat;ons of streets, and perhaps
even vacate some streets. but the railroad
companies should do the work
n