The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1896-03-20
PEOPLES VICTORY.
The Erie Elevation. Bill
Finally Passes the
Legislature.
SENATOR DALY's GOOD FIGHT
Mayor Wanser Takes the Pens
With Which the Measure
Was Signed.
SENATOR DALY's GOOD FIGHT
Special to tbs Jerseu CaysNeacs.

and he carried with him two common or
binary steel, pens which he priced
more than If they were made
Of gold and tipped with dia-
monds The cause Of his gladness was
the fact that at last after so many years
of hard labor and bitter contention, the
Erie Elevation bill had passed, and the
fight made by Senators DAILY and voor-
hees had been successful. The pens he
carried were those with which the Presi-
dent of the Senate and the Speaker Of
1.-The House had signed the bill.
The bill came up the first thing after
the noon recess. and went through under
2 a,s SUSPENSION snaa,a Ct n The rules, q th nea1s.a
new fast express engines, Mr.. Flemlng's
bni. which was Introduced early in the ses-
s saasa came n up At the morning session, IA as
News and was pushed aside for Mr..
Voorhees, bill. When the House met in the
afternoon, Mr.; Voorhees, bill was taken
up the first thing and advanced to third
reading under a SUSPENSION of the rules.
Mr.. Robertson spoke for the bill, saying
that It was fair to the city and fair to
the company. should pay the cost of the
elevation and the city should take care
OF the streets. He explained the pro-
i Republicans to support the measure. Mr..
Skinner said that the measure was the
outgrowth of a great amount of discus
provided in every way for all difficulties
which might arise. The plans were all
under the supervision of the Supreme
Court. a tribunal which could be safely
trusted to do Justice to the railroad COM
panies and the cities. He said that Jer-
sey City and Newark were to be congratu-
so long had struggled for, and he people
of the State should be congratulated Upon
having a Legislature which would pass
such a law.
/. Whenever in any city of the first
class the council or other governing board,
which has the power to permit railroads
to cross the streets at the grade thereof,
declare that any existing railroad cross
ings of any street or streets in said city
have become unsafe and inadequate for
the accommodation of the public, the city
may by petition apply to the supreme
court for an order compelling the aboli-
ton of such crossings: a copy Of said
petition with a notice of the time when
it will be presented shall be served, either
within or without the State, upon the
railroad company or companies on whose
railroad or railroads said crossings exist,
or location of whose railroad shall be af-
fected by the proposed changes, at least
petition; said court shall proceed to hear
said petition and the proofs and allega-
tons on behalf of the city and the COM
pany or companies in such manner as the
court shall direct, and If it shall appear
to the court that the said crossings or
some of them ought for the safety or
adequate accommodating of the PUBLIC
that ut is feasible without prohibitive cost
to make such changes and that such
changes are practicable, the court shall
persons. at least one of whom shall be
a resident of said city, to be commission
ers to examine into the matter and report
which, if any. of said crossings ought to
be abolished, relocated or otherwise
changed. and how such changes should be
made, and what changes of grade Of
what clearance each street should have,
what street Nor parts Of streets. il any.
should be opened, closed. narrowed, wild
ened, altered or relocated, md what
change. of grade or location. if any. of
the railroads or other railroads affected
by reason Of crossing or intersecting the
time such work should be commenced and
completed, and what would probably be
the cost or expense thereof to the city
the apportionment hereinafter provided
3. The commissioners shall forthwith
give notice to the city and the company
CT companies to appear before them, and
shall afford opportunity for the presenta-
ton Of plans and statements as to the
method to be adopted for the abolition of
grade crossings and the other changes
and alterations required; and after hear
ing the representatives of the city. and
ktiC SOtA1R " tAASy
shall adopt plans, and report the same to
the court: and they may ceompan
their report with maps and p~rofiles;. the
report shall contain the recommendation
Of the commissioners as. to each crossing,
including all the matters required by the
first section of this act to be referred to
and profiles prepared by the city or by the
company or companies. or any modification
thereof; SAID report plans maps and PRO
clerk of the supreme court within sixty
days from the date Of the appointment
Of commissioners, or within such time as
thereupon fix a day for hearing all per-
sons interested in sad report, of which
the petitioner shall forthwith give notice
at least one newspaper of said city and
by serving the same upon the other party
OF. parties at least ten days before the
8. Upon the day so fixed the court shall
hear the representatives Of the city and
the company or companies and of all
fy or reject the plan presented or any
part thereof, and make such order In re-
spect to the matter presented by such pc
and Q and If the court shall require
any work to be done they shall enter an
order directing the city and the company
the same within the time and in the man.
ner and under the regulations provided
therein; said order when entered shall
Of the court; and it shall be The dIty Of
the city and the company or companies
to proceed and comply with and In all
respects carry ont and perform the plan
SO adopted; and either the city or the
company or companies/ may by man
damus issuing out Of the supreme court
or by other appropriate process, be COM
PEELED to perform and carry out the said
order, and to do and perform all things
therein required of them respectively;
and every city and railroad company COM
ing within the provisions of this act
shall have power and authority to pro-
coed to make and carry out the changes
and any damages required to be paid by
such city by reason Of such changes shall
Sascertained and paid BY the city in the
manner prescribed by the charter of such
city: and the city and railroad company
by condemnation or otherwise in the
manner prescribed in their respective
charters all such additional lanGs as
may be necessary to carry out the plan
adopted by the court.
4. Any city required by such order to
do any works or to answer any damages
provided for In such report and order.
of a general tax for one or more years
or by the issue and sale OF bonds of the
city to run not exceeding twenty years,
at a rate of interest not exceeding five
per centum, such bond otherwise to be of
such form and terms and conditions a.
have power by annual taxation or other
wise to provide a sinking fund for the re-
tirement of sad bonds.
8. When the court shall order the do
ina OF any work or the making OF changes
under this act. the cost thereof shall b
$40 EW1a@I f@13AU<rs nAN,&xtAxEE-LZr