The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1896-09-01
A QUALIFIED VETO
Mayor Wanser Stops the
Lehigh Valley Grade
Crossing Pending
Inquiry.
PRIVATE RIGHTS ADJUSTED
Is the Crossing an Engineering
Necessity-Reon Barnes
Oratorical.

a Wanser has vetoed the permits
sion to the Lehish Valley Railroad COM
pany to cross at grade C~ommunipaw ave-
nue.. His veto was sent TO the Board OF
Street and Water Commissioners who
granted the permission, last night and
was read at the Commissioner meeting
this morning. Il read as follows
August 2s. 1896.
To the Board of Street and Water CONF
m-issioners.-
Gentlemen-I herewith return without
my approval the ordinance passed by
your Board at the meeting held August
IA, 1896. to Wit
An ordinance granting permission to the
Greenville and Hudson Railway Conn
pany to cross ~Communipaw avenue with
its tracks at grade and regulating such
crossing.
The Mayor and Aldermen of Jersey
City, by the Board of Street and water
Commissioners, for and on behalf of the
municipality of said city, do ordain as
follows
/. That the G%reenvi1le n Hudson
Railway Company is hereby granted per-
mission to cross C~ommunipaw avenue at
the grade of said avenue and to lay,
maintain and operate four railroad tracks
within its located route across said ave-
nue. at said grade: said company keep
ing that portion of the avenue occupied
by it properly planked and paved IN
a secure and safe manner for the free
passage of pedestrians and vehicles using
said crossing.
2. That Immediately after said tracks
are constructed and the said railway IS
in operation, the said company shall
maintain at said crossing gates on either
side of the railroad and guards and lights
for the protection of persons and yehicies
properly using said crossing.
8. That the work of %planking and paw
irg said crossing and preparing me SANE
TRANS shall be done under the supervis-
ion of and TO the satisfaction OF the
Chief Engineer of the city.
This ordinance has for its object the
granting of permission TO cross and
operate four tracks over C~ommunipaw
avenue at grade. The Greenviile and
Hudson Railway Company IS a terminal
COMPANY of the Lehigh Valley Railroad
system and under the plan of the last
named company would be a part of its
main line between tide water in this city
and the West. While I am aware Of
the fact that this ordinance was pending
before your Board, it was not anticipated
by me that final action favorable to the
same you'll be taken When the matter
was before your Board early in the pres
ent year there was considerable opposi-
sion to its consideration from owners of
property immediately affected by the
proposed crossing, and I had thought
that the matter would ave been publicly
reopened before It's final determination I
believe that my position in relation to
grade crossings has not only been clearly
defined but so strongly as to have
been sufficient reason for the immediate
return of the ordinance to your
Board, but the dignity which should sur
round executive action. and a sense of
fairness demanded that I should give
the ordinance all the study and considera-
ton allowable within the limited statu-
tory period of ten days permitted for
its final disposition. While essentially a city
of railroads it has become a settled policy
within the life of the present admins
tration not only to oppose grade crossings
but to abolish wherever possible those
already existing. When the ordinance
was presented to me, it was my Judgment
that my disposition of 1t should be gov
erned by two considerations, first, by Sc
curing the proper protection of all pri-
vate property rights affected, and Sec
ond, from the standpoint of public policy.
THE PROTECTION OF PRIVATE
PROPERTY RIGHTS.
Accordingly I advised adj owners of pro-
perty in the immediate vicinity who
called upon me in relation to the ordin-
ance that before any action was taken
by me the railroad company must ar
range a settlement of all just and proper
damages to their property. / so notified
the representatives of the company when
they waited upon me to be heard upon
the ordinance, at the same time inform
ing them that such action on their part
would only pave the way for me to con-
slider it from the standpoint of public
policy and woul rot influence my final
determination in the least. Since then the
necessary evidence has been placed be-
fore me that the company has arranged
such settlement OF damages to owners of
property Immediately affected by the pro-
posed crossing or has offered to do so. 1
regret the failure of your Board to Sc
cure that protection for the rights of
those property owners before the final
passage of the ordinance.
PUBLIC POLICY.
With the first consideration practically
disposed of, my action on the ordinance
was next to be determined from the
standpoint of public policy. Whether
there exists at this time and in this case
sufficient warrant for committing the
city to a deviation from its settled policy
in the matter of grade crossings. To
my mind it is clear that such deviation
should not be permitted, unless 1t has
been demonstrated beyond question that
the conditions are such that a grade
crossing is the only method by which O
crossing may be effected, and that such
action would rebound to the benefit OF
the city. / am OF the opinion that the
privileges Intended to be conferred b,
this ordinance have been bestowed with
oht the complete examination of all the
features involved and incident to grade
crossings. The statutory period allowed
me in which to determine my action ha.