The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1895-10-14
P. R. R. OBJECTS.
Local Assessment on the
Harsimus Tract in Jer'
sey City Before the
Courts.
POINTS INVOLVED IN THE CASE
Railroad Company's Claims Will
Be Argued in the Supreme
Court in d Few Days.
POINTS INVOLVED IN THE CASE
Special to the jersey caty Nems.

~sylvania Railroad will appear before the
Supreme Court at the November term
as prosecutors of a writ of certlorarl
against the ~States~Board of Assessors5
and in the proceeding may challenge
the constitutionality of the general rail-
road tax act.
The matter came up at the meeting OF
the State Board of Assessors held on the
25th of January last. when the counsei OF
the company, Mr.. James B.. Vredenburgh,
appeared before the Board in behalE OF
the United New Jersey Railroad ana
Canal Company in support OF an appear
filed by that company against the as
SCISSORS levy on certain lands IN Jersey
CITY living in Hars-mus Cove on the dar-
sinus branch of said company.
1t was claimed by counsel of the com
pany that under an agreement mace
with the State in "An act to enaple pne
United Railroad and Canal Companies 10
increase their depot and terminal 1aclE-
ties at Jersey City, Cknown as the Har-
sinus Cove act). the lands purchaser
nnder that act were not ITO be subject 10
local taxes.
In 1858 the legislature, at the apphca-
tion of the United Railroad and Canal
| Companies, agreed to convey to tnat Or
ganization all the right and title OF the
| State to the land. lying between hlg
and low water mark on the Huosoh
river, known at that time as the Harsl-
sum Cove. The act provided that there
should be excepted out of the states
grant thai portion of the Budd grant
heretofore granted by the State and now
owned by said companies" The COM
panies were authorized to erect WharVes'
piers, canals. slips st~orehouses, depots
and other buildings and shops, and car
and engine houses. with power to exteno
their bulkheadS to the exterior lines as
they were then or might thereafter be
established. 1t was provided that all
streets laid out by any act OF the legls-
lature on this plot should be vacated,
and that no street should thereafter pc
laid out, except by consent of the com
panies; that the companies should have
control of their wharves. piers. canals
buildings and other improvements,
charge wharfage and other rates for the
use thereof. and chat all acts and parts
of acts heretofore passed which limit the
amount of land that may be held by
the said United Companies. or either of
them, for the purpose of their charters
respectively, or which subjects such
lands, if exceeding a certain quantity,
l. " airy Ol1lCk tdA ildl LILO ~ - LII
posed upon the said companies respec-
lively by their respective charters or
acts of Incorporation. are hereby repeal
ed; provided. however, that such parts
of said property and the improvements
to be made thereon as shall be used for
other than railroad. canal, depot, tran
other portion thereof, shall be subject
to local and municipal taxation."
THEIR CLAIM IN 1884
Since the railroad tax act of 1884 was
passed no attempt was made by the rail-
road %omp to utilize this peculiar pro-
vision as to taxation until the action
sors on January 25. At that time the
claim was made that all that portion
of the Harsimus tract which is outside
of the %1oo-feet roadway, and which has
been subject, under the act of 1884, to a
tax of one per centum, payable to the
State for the use of the municipality, is
really exempt from taxes local and
municipal.
Thu wording of the proviso of the act
of 1868 is that such parts of the Harsh
mus tract, with the improvements made
railroad. canal. depot, transhipping or
landing purposes (but ne other portions
thereof, shah be subject to local taxa
ton.
The whole of the tract was intended
to be, and is now, used for these pur-
poses, and, therefore, the claim is made.
and municipal taxation" and has. there
RI OF THE
This act of 1868 was given the form of
a contract between the State and the
Tinted companies by the requirement
that the sad United companies shall pay
to the treasury of the State on or before
sums of money as. shall be fixed. adj
Judged and determined. as the just and
equitable compensation the State ought
to receive for the lands surrounding the
Budd grant as aforesaid. by the Attor-
ney General and three commissioners to
/ he annaintnd INV tho Sl1rrQpan Cnry,-t on
the application of the Attorney General
Of the State or the said companies
were required by the act to fix the
consideration to be paid to the State
having regard to the ownership of the
said part Of the Budd grant by the said
the situation of the land, and the induce
ments that the State should hold out to
the grantee for making the improve
ment. The companies were. reoui~ed to
file their acceptance of the determination
and Judgment of the said commissioners
in the Office of the. Secretary of State
the compensation fixed. adjudged and
determined by the said commissioners
on or before the first day of January
COMMISSIONERS REPORT.
Immediately following the passage of
tsa + ast s g. o s%pre'f pan GGurf Hai app0in sad
Charles f. Elmer ais the Commissioners,
who. with ATTORNEY General George NJ.
Of their duties, and ON the I'D day Of
December. 1868, presented a report, which
was filed i'm fine office of the Secretary of
State. in which they decided THAT, after
hearing the parties interested SAND
having regard to The ownership of the
said part of the Budd grant by the said
companies, to THE purposes of the grant,
the situation of the land and the induce-
menlts that The State should hold out
to the grantee for making the improve
ment. do fix. adjudge and determine the
sum of $500, 600 as the just and equitable
compensation the State ought to receive
for the lands surrounding THE Budd
grant. The United companies, on the
stst day of December, accepted the
AWARD of the Commissioners and gave a
bond to the State of New Jersey for the