The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1896-03-13
new ELEVATION BILL.
%Cireumventing Abe Lowers Lit
tie Game for the Erie
People.
srfeinlto thaJcrscp eta Netcs.

srfffnt 10 thc@JcrscB Citu Nets.
TRENTON, March IS, 1Ss6.-It was
learned yesterday afternoon that there
had been the I~lveliest kind Of a row
among the members OF the House Com
mittee on Railroads and Canals over
the Erie track elevation bill. The Erse's
representative gave Chairman Abe
Lower a measure which he wished re-
ported as a substitute for Mr.. Elem
ming's bill.
Tha provided that the Governor should
appoint a commission to determine
whether the tracks should be elevated
or not; to determine how the work should
be done, and called for an appropriation
of $3.50. GOO from the State toward the
cost of the work. Me. Harvey absolutely
refused to nave anything to do with this
substitute and was then commissioned
to prepare one OF his own.
the bill which he produced provided
that the Circuit Court Judge shOuld,
upon the petition of the governing pody
OF a municipality, appoint three persons
VINO snail examine the sltuatlon an1 d e.
termine whether the tracks snail pc
evated Ii they shall decide that they
should the commissioners shan aetTr-
min in what manner the work shall pc
dons and what portion. If any, OF the
cost the city should bear.
Mr.. Harvey's substitute also provides
FOR a method OF concerning any pIOp-
srty which may be necessary for the
work. 1t is probable that the commit
tee will yet attempt to introduce the SUD-
stitute. -
Mayor Wanser and others interested
in the Erie elevation met here yesterday
srd ~pTcduce an 70 M.
Flemlngs 10 a o1 NEW m sniar This is the
Text OF their ineasure:-
Amend Assembly bill No. 10, SO as to
a ACT Concerning the elevation or
depression of railroad tracks over ana
under streets or highways in cities OIL
Be it enacted by the Senate AMI GEN
eral Assembly OF the State of New Jer-
i. 1t shall be lawful for the board hay
ing charge and ontrol of the streets in
any city of the first class in this state
to require any railroad company owning,
road entering said city, having Two or
more tracks and crossing more than
grade, to require said railroad COMPANY
to elevate or depress its tracks through
said city and over said streets.
2. In case said city and company shall
he unable to agree upon a contract Tor
the elevation of said tracks under the
provisions Of an at entitled II - a suIp5ple-
ize any city of this State to enter into
contracts with railroad companies whose
By said companies may, relocate. change
or elevate their railroads and when
necessary for that purpose to ,%v!acate;
any'is Streets or highways therein, ap-
proved March nineteenth. eighteen hun
drel and seventy-four, winch auppie-
teen hundred and pinety-three-after said
board shall have decided. that. such eie5
walton or depression OF, said railroad
ton of the lives of the inhabitants of
said city using said streets, then said
board shall. with the approval Of the
Araunr of coid p.fyr rpr11irn c9td TaiiT0Qf
company to present plans, written. ninety
days after receiving notice, showing the
ma ann nl1s nT Of eleggafbin in se or d ea1nnanys s sa1s
board shall within. ninety days after the
receipt of such plans. adopt said plans
said board shall require: in case such
company shall fail to furnish said plans
within the, time above limited the said
a plan for such track elevation or de-
In the adoption of such plans the city
is empowered to open. .~vacate.. alter the
lines of and change the grade of any
streets or highways, OF, any part thereof,
M rim such lslS track rack e Elevation ahe p or Depression.
8. The said company shall within ninety
days after the receipt of the plans SO
afaaPtsqit ~ 70 s elevate @u or depressss is Rsos said
tracks through said city in accordance
herewith. and hal complete said
in accordance herewith within two years
from the date of the receipt of said plans;
said elevation or depression of tracks
! incident thereto shall be made at the
sole cost and expense of said railroad
company.
4. If after The receipt of plans as afore-
said. any railroad company. files. a state
ment.. duly sworn to, with said board
a receiver or receivers. and is unable to
obtain the. money to proceed with said
work, IT shall be the duty of said city
to apply to the Chancellor, which appli-
and a copy of which application, and of
the time and place, shall. thirty days
prior to time OF hearing. be served on
said railroad company, and said receiver
whether. the elevation or depression of
such tracks would be for the public bene-
fit. and also determine whether it is adj
visaJble to make an order or orders ON
road company to provide for raising the
revenue to pay for the work of such
| elevation or depression. and in case such
order IS made. the contract shall be pro-
ceding section. and the total cost Of such
elevation or depression of such railroad
shall be borne by such railroad COM
many. and shall be provided for by the
issuance of receivers certificates or
otherwise as the Chancellor may direct.
s. In case said conapany shall fail tic
proceed in good faith with the ccnstrue-
ton Of said improvement within the time
limited by section three hereof. or shall
oil times thereafter, in eilch d manner
as ITO ensure the completion thereof
! within the time provided, 1t shall be un-
| lawful for any ompan or any person
or corporation acting under its authority
| ings, said streets at Grade. for anv pur-
pose whatsoever. and any use thereof