The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1897-12-08
TRACK ELEVATION
Colonel Price, Newark's
Counsel, Declares the
Laws Are Unjust
to the Cities.
MORE LEGISLATION NECESSARY
The Act of 1896 Under Which the
Erie is Acting, lie Says, Does
Not Benefit The NUM-
cipality.
MORE LEGISLATION NECESSARY

H ~
NEWARK, Dec. 5, 1S97.-Colonel E.
Livingston Price, counsel to the Newark
Board OF Street and Water Commission
ers, submitted a lengthy report to that
body on the question of track elevation
as it relates to that city. He refers to
the act OF 1886, under which the Erie Rail-
road Company is elevating its tracks in
Jersey City, and after reviewing the pro-
vision of the act generally he treats the
fifth section more at length. Then be
turns his attention to the elevations Of
the railroads in Jersey City n says
The first case of steam railroad track
elevation in his State, of the nature
under consideration, was the elevation of
the tracks of the main stem Of the Penn
sylyania Railroad through a part of the
territory of Jersey City.
1.-THE most diligent inquiry made by
counsel fails to discover that any contract
was every made regarding such elevation
between the city of Jersey City and the
Pennsylvania Railroad Company. The mu-
nieIpaI authorities passed some measures
vaeating certain streets or portions of
streets, and changing the lines Of other
streets, for the benefit of the railroad plan
to elevate its tracks, but the city was put
to no other expense, and all the cost of
the work Of every kind whatsoever was
paid or ssumed by the Pennsylvania
Railroad Company. It's action was I'M
doubtedly based on economic principles
and good corporate policy. In track ele-
walton, as in many other matters of rail-
road operation n management, it must
be admitted that his company is far in
the lead of other railroad companies. 1t
realizes the benefits and advantages of
leyated tracks, and its managers have
not been slow in grasping the same. Its
tracks have been elevated first in Jersey
City, then Elizabeth, and now ready for
elevation in New Brunswick and Newark.
Its contract with the city of Elizabeth
apportioned the cost and expense of the
elevation of its racks The contract in
question is here cited. Its object is to
show a mutual agreement provision in
ably better than it would were the act of
1896 taken as the basis for carrying out
tho project.
A contract made between the city of
Elizabeth and the New Jersey Central
Railroad Company for the elevation of the
tracks of that company is then referred to
and so far as the cost of the work, it was
provided that the Central Railroad Com
pan should pay the entire cost of eleyat-
ing the tracks, and for the work in max
ing the change in the location and grades
VI IiAC oIlSCtS@ III L III AAAiS
of the road.
THESE extracts from the respective con-
tracts says the Colonel, ARE set forth
by counsel to show the board now greatly
the superintendent of the cost of the track
elevation in these two cases differed from
the apportionment of the cost of such
work., positively set forth in the act under
consideration, and what part of the ex-
pense of elevation 1T was mutually agreed
by the railroad companies in these cases,
the railroad companies should ASSUME and
no Ky IN III M q tfnrZ nf C. THAR frn IL 1avn -
tons through the city OF Elizabeth; also
that neither railroad company asked to
impose on the city of Elizabeth anything
like the cost and expense imposed on the
city by the terms of the act of 1896 to
abolish grade crossings.
Counsel calls your attention to the
contrary provisions of the most recent
contract on the subject of track eleva-
ton. 1 refer to the existing unexecuted
contract between the municipal authori-
ties of Jersey City and what is known
as tae Erie Railroad Company. This con-
trscz bears date April %, 1897. 1t is now
before the courts. for review on a writ of
certiorari and the work is thereby stay
ed for a time. An examination of the
provisions of this contract convinces me
that the railroad company, knowing it
could not be compelled to elevate its
tracks, drove a hard bargain with the
municipal authorities of Jersey City on
the lines of the act of 1896. This con-
tract provides tina the company shall
elevate their tracks by either a trestle
or a filling of earth and stone, or both,
and masonry, as they ma decide, erect
ed entirely upon their right of way and
the cost of such elevation, filling, stone
and all bridge work and all railroad con-
struction shall be wholly borne by the
companies. So much for the expense of
the work to be paid by the company. 1t
appears that the city pays all the other
expense. The provisions of the contract
on this matter are so sweeping that coun-
sci will quote them.
~ ssn,-+L IL - affa n froc n-1 ri
and damages, of whatever kind and nat
ure, or by whomsoeVer brought, growing
out of the work herein required to be
done, or resulting from or connected with
the elevation of said tracks, or the cree
ton or maintenance of any embankrlent
or structure required thereby, as hereto
fore provided, or resulting from or con-
with the ~vacating or closing of any
and all Streets, venues as heretofore
provided in the fifth section hereof, shall
be defended, borne, paid and ~liquidated
by the city, at its sole cost and expense,
and without cost to laid companies or
either of them. And the city hereby
covenants to protect, indemnify and save
harmless the said companies, and each
of them, against any all such ac-
tions, claims and demands, except claims
for injuries to person or property caused
by the negligence of the companies or
either of them.
I'm section four of said contract, it is
further provided, as folloWsEsAl the
tx L % IL 1A4& = %oS 49, ~~N-
shall be determined and fixed up
on a common base line, using the Off
cfal datum of the city for that purpose;
and the city covenants to perform, at It's
sole cost and expense, all the work neceS-
sary to change and sdepress theg grades of
all the said streets and avenues as afore-
said. and at It's sole cost and expense to
restore and rebuild, upOn changed grades
of all the said streets, all paving curb
and tagging, all sewers, water
pines and conduits, and all street
car tracks, trolley tracks and
telegraph poles and lines, and to do all
other work that may be necessary for the
said purposes at its own cost and expense;
to assume and pay all damages that may
accrue from any or all of such changes in
the grades of streets or from any or all
of said work; and to indemnify and save
harmless the companies. and each of
them, of and from all suits, actions, claims
and demands whatsoever arising out OF,
or in any way connected with, any or all
such changes in the grades OF streets, or
of any or all of the said work.
Upon reading these provisions of this
one cannot but conclude that the
authorities of Jersey City were
driven into making a hard but probably
the best bargain they could get under the
condition of the statute law gov
the elevation of steam railroad
The Colonel adds s"The history
of this contract, and the unfair and UNI
demands insisted upon by the
company again prove how bur
densome and unjust are the provisions of
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