New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-02-29
THE ERIE'S PROMISES.
WILLIAM H. CORBIN ARGUES FOR THEIR
COMPULSORY FULFILMENT.

SATISFIED-TRACkS sficCLD DE- N'>i'rD
BEFORE A CHARTER Is GRANTED.
William H. Corb'n. the we,-known lawyer, has
taken an active interest in the movement to compel
the Erie Railroad to elevate It's tracks In Jersey
City. Mr. Corblns law office is in Jersey City, put
his home is in Elizabeth. and ne was the man VINO
agtated planned and pushed to successful issue
the track elevation problem in the latte- city
Talking about the developments In trenton
this week. Mr.. Corbin rdiculed the criticism oi
those who assaed Senator Voorhees, for holding
up" the Eries reorganization bills until the company
settled with Jersey City the elevation propem-
ITO hear some persons talk" said Mr.. Coroih'
"one might think that the Senators were doing
something wrong and unjust THOSE VINO utter re-
marks Of that kind cannot be familiar with the
status Of the subject and they surely overlook some
plain New-Jersey law Let us examine the si'ua
ton fairly and carefully.
"The Erie Railroad Company. a New-York cor
poration recently formed to acquire and operate the
vast Erie system from New-York to chicago mas
come to the New-Jersey Legislature asking LOT
ratification Of the transfer of the Erie terminals ana
Erie system in New-Jersey. and asking to be m
vested with all the valuable franchises. powers ana
privileges which belonged TO the numerous New
Jersey companies making up the system Inc SEN
has said to them:
d" we disposed give you these franchises ana
turn these properties over to you. even though you
are foreign corporation. but how are you disposed
toward the conditions annexed to these franchsesT
DUTIES OF RAILROADS DEFINED
The New-Jersey charters which the New-York
company desires TO enjoy require tho company 10
construct and keep in repair good ana sulncleht
bridges or passages under the said railroad
roads where any public other road shall cross
the same, that the passage OF carriages horses
or cattc on said road shall not be impeded thereby
our Supreme Court speaking through Justice
Magic. has he'd that these duties required OF pup
lie corporation BY its charter are IN the nature OF
conditions annexed TO the grant Of the franchise.
The same court by Chief Justice Beasiey says that
this provision, It VIII be perceived. imposes duty
on the company in favor Of the public. 1t is con-
tinuing duty. to which the company Is made SUD-
ject. which in its performance must be measured
by circumstances Thus a bridge or passage-Way
which at one time would be adequate 70 the puDHc
accommodation might at a subsequent period. from
an increase Of business or population be totally III
adequate. Suppose public street in town to
have been originally laid by company over tn
surface Of their track and that by reason OF the
growth Of their business at that locality their trains
should pass at such quick succession as 10 render
such street almost impossible. Under these crcun-
stances could It be pretended that the company
could discharge themselves from the obllgatlon
when tn section in question imposes keep. py
50 As to restore II 10 public use? The duty pre-
serbcd Is 70 keep az al mes ana b nnae a wbcre
they cross the railroad in condition fit for safe
and convenient use
The Court Of Chancery. speaking by Vice-Chan-
celor Van Fleet. approves the language OF the
chief Justice and adds that "a highway to answer
the purposes for which 1t is created must be Tree
safe and convenient Chief Justice Wheipiy' IN
the Warren Railroad case says that the design OF
the act was to impose duty upon the conIar S or
making good and sufficient passages over or unuer
the railroad the point Of crossing or the puo!lc
highway; ana Judge Elmer IN ,he sam 80, ~, ~
that the railway In crossing ROADS snail hol iin-
pcie travellers ,.. , ~
structures may be required 10 make a good ara
safe crossing is required to be done by the com,
pany' Chancellor williamson. in the Morris and
Essex case in commenting on that clause r.ld i
to crossings SAYS the charter OF the company HCra
Slheys are to- be- used by them in the construc
ton Of their road. and imposes A duty upon the
f% ~ssa;r~ has protcccd the public in oril
nary US and enjoyment Of the same ..,,o.or.
In 1874 general act was passed IN turtherailce
Of the states policy OF protecting crossings al the
OF the companies. 1t provided that any CITY IN
tracts with the companies whereby the SAID com
plnes may relocate change or elevate telr ran
have power 70 vacate. alter the lines and change
the grades Of any streets or highways therein
STREETS MAY BE ALTERED.
THAT act gives to all railroad companies passing
through cities clearly power which most OF them
before possessed in their charters. OF actually
changing the grades Of public streets in cities and
the supreme Court has lately held In the case OF
Clark vs. the city of Elizabeth that the changes OF
grade recently made there IN the elevation OF lhe
Pennsylvania and Contra. railroads has really been
done by authority Of the companies. and not by the
city at al. and that the city by its contract has
'.The senate has said to the Erie Railroad Com
pany: .,.,, .r,.s,,o. ~ rsrsav ci,v bav. be-
come VIGOROUSLY unsafe. insufficient and incon-
venient and although the subject has been pressed
upon the attention of your predecessors ior years
by the city authorities and the Grand jury they
have shoNn great un~il.ingness TO tuhi the con-
dtions on which they nod their franchises by
making these crossings safe. ana We now ask OF
you what your disposition toward the subject rs
We grant you the franchise. WEI YOU rihe with the
subject your predecessors have done or Will you
our courts say is one Of the conditions on which
YOU VIII hold your franchises?
Il understand the company To answer that they
feel well disposed toward fulfilling the conditions,
buy at 9ey desire to nce the Sn'n aSS viii
erleavor IN the not remote future TO make an
agreement
PREVIOUS PLEDGES BROKEN.
IF the Senate should accept such an answer
as satisfactory. they would be childish While not
at all questioning the good faith OF the gentlemen
now I'm control OF the new companr. the fact must
be remembered that all their predecessors have
treated the subject with Indifference. sometimes
with derison.
ness prudence and Of obligation 10 the public de-
mands that the senate should settle the companys
p Ie When the fr"nchse IS sranea These ran
chises should not he transferred unless the company
conditions attached 10 them.
80 far from being censurable for holding up
these bills the Legislature would be grossly negli-
gent If they did not now require the most positive
assurances nat the new company VIII esGhew the
take TO promptly fulfil the conditions OF the fran
THE RIPARIAN COMMISSION MEETING
The Riparian Commissioners of New-Jersey held
a meeting yesterday in the Fuller Building in Jer-
sey CITY the only absentee being Governor Criggs