The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1896-06-15

.AGIN The TROLLEY
lIoboken Town Council
Asked Vice Chancellor
Stevens for an In
junction.
NORTH HUDSON cOapANY'S MOVE
Washington Street Tracks 1t Is
Claimed Are for Electric Cars
-Company's Denial.
NORTH HUDSON COMPANY'S MOVE

v
Council of Hoboken against the North
Hudson County Railroad concerning the
repairing of the Washington street tracks
in that city was removed to the Court
of Chancery this morning, when the or
der to show cause why the Railroad Com
pany should not be stopped from laying
rails for trolley cars and blocking up
the streets of the city was returnable..
For the railroad company Messrs R.
De Forrest and George Holmes appeared.
Mr.. w. D. Edwards represented Mayor
Fagan VINO is in favor of permitting the
company to lay the objectionable rails,
ana Mr. James T. Minturn and Colonel
L. Apbett locked after the city, which
insists that the railroad company has
no business to put down ra..s for an
eiectrlc system for which they have no
Irahchlse On the orher hand the COM
pdiy CLAIMS that IN repairing the horse
Car tracks and relaysng the rails they
nave right to put uown the newest
kind of rail-.
Colonel Abbett, when Vice Chancellor
stevens was ready TO hear the argu-
neht, read the pelltion. 1t set forth the
franchise granted by the Council to the
hoooAen and Weenawken Horse Rail
loau company, 10 ray the horse car
tracks on Washington street, and which
power of authority laid special en-
phasis on the repairing of the tracks,
and forbid the use of steam or electric
poWer. me ordinance permitting such
powers to the company, the lawyer con-
tended had expired. The Horse Railroad
company had sold out to the North
hudson people, who are now operating
Continuing, Colonel Albeit said
Your orator shows that on June 10
last, al session OF the Common Council
OF the city OF Hoboken, it was directed
that the Street Commissioner he diraefed
on rir
ton street. and that he direct the par
ties or corporation who have torn up
the sand street TO put the same IN the
condition in which it was before fhe
said work" The Comrnissioner notifiad
the railroad company to stop, the lawyer
sad, but in defiance of that order the
company IS still engaged in the prosecu-
ton of said work and the continuance
or such public nuisance through its
agents, and that in many places Wash
lngton street is opened and unfit for use
ana N the event OF a storm would be
Continuing, Mr.. Albeit real an amend
ment TO his, bill setting forth that die re-
pairs were for the purpose of laying rails
To-. trolley purposes
object, your Honor interrupted Mr.
De Forrest, 'to the cornplainants plttiYis.
in any new matter. We are here. to answer
te tne snarge tnat M 5ae railroad Is obstructtng
that, and say we are only repairing ths
tracks TIA accoruing to our chartered rights
not contained in the bills'
wee Chancelor asked Colonel Albeit to
read his. affidavit setting up the matter
CONT ee talned IN the Amendment. to see how
Tar It substantiated the statement made
IN the amendment. The aiiidavit was
by r. Mccain, the city surveyor, VINO
said that the rails now down are feet
SO IN. wide, whilst the old gauge was
one inch and a half less. Thus the com
pany have changed the entire gauge
We are simply putting down modern
q oaa Nf +t7.o.r i
conform TO the gauge laid down in Jersey
City through some of the streets~of which
city the North Hudson County Railroad
runs cars
Mr.. De Forrest then read the answer
OF the company, which set out the char
ter Of the old company by the terms of
and maintain the tracks. The company
denied that its franchise had been con-
ferred by, the Hoboken City ordinance Of
The company admitted that the rails
now being laid are different from the old
ones, but they are of a standard pattern
the work without the permission of the
city, but by their charter they have a
right to do so without seeking that per-
AS for the blocking of the streets the
answer said that the work would be fin
isned within ten days, and there was no
was being done with the sleast possible
delay to traffic
Mr. De ForreSt was about to read afff-
davits by Messrs. Myles Tierney and
Starr when the Vice. Chancellor interrupt
ed him
Don't YOU think it unnecessary to read
these? The question at issue seems to
me to be one OF power to do this work:
Mr. De Forrest asked to read two affi-
davits from citizens who said that the
street was sadly out of repair and needed
new ties and new rails. These citizens
said that there was no unnecessary OBJ
struction in the progress of the work and
was indeed slight. The lawyer sad ne
bad others of similar nature from
Messrs. Boyer, ]. r. Virgins, Smith,
Hart and other citizens.
Corporation Attorney James r. Min
turn was about to present the cfty's ar
gument, when the hour Of adjournment
arrived.
After recess. Mr.. Minturn continued his
argument. His point was that the city's.
charter of 1855 giving absolute power over
the streets m Hoboken came ahead OF
the eBrgen Turnpike Conlnany's eharler
of 1858, from which the North Hudson
County date its authority. The case will
occupy all the afternoon