The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1897-12-01
TO SAVE THE ASPHALT
Justice Potts Doubts Whether
the Ordinance Can Be
Enforced Against
Non-ReSldents.
FINES SOME AND LETS OTHERS GO
Trolley Tracks Take Off a Wheel
and the Pavement is Ripped
Up for Some Distance.

Justice Potts, in the First Criminal
Court this morning was sore put about
by a batch of cases. in each of which the
asphalt ordinance had been violated. All
of the prisoners We're arrested on lower
York street, but different circumstances
attended each arrest, and it required a
great deal of tact, and the liberal exer-
else of His Honor's power of discretion to
dispose of all the prisoners without do
ing anyone an injustice.
The first man to be arraigned was JOS
eph Taylor, driver for Colgate & Co.,
who lives at No 54 Grand street. He was
arrested by Roundsman Fry for driving a
heavy truck, loaded, on the asphalt pave
ment on York street, between Washing
ton and Warren streets. Taylor admit
ted that he knew of the ordinance, but
declared that he always drove on the as
phalt, and had never before been stopped
by the police. Because he saw other
drivers use the asphalt pavement, and
had done so himself with impunity, he
considered his arrest in the present in
stance an outrage. He refused toSpay the
fine of 81 which Justice Potts imposed
upon him, but when, after an hour of
waiting, he attempted to leave the Court
Room and was not allowed to do so until
he had paid the 81, he decided not to
fight the ordinance just yet.
Il would never pay the fine" he said
with show of braggadocio, ''if We're not
in a hurry to get to my work
The second offender was Charles Nc
Dermott, of No. sos West Twenty-second
street, New York He was driving down
do aft
wagons wheels in the car track. In turn
ing out of the way for trolley car the
rear wheel on the left hand side was
wrenched Off The broken ankle dug into
of six feet. Patrolnan Cannon arrested
McDermott Justice Potts discharged
him as he is a nonresident and was not
familiar with the ordinance. Il do not
believe he said. that the ordinance can
be enforced against foreign truckmen un-
less the authorities place placards along
tho prescribed thoroughfares, warning
them off. :.
The next case was different from either
of these which preceded 1t. Fergus Barry
of No. 225 Fourth street, turned into YORK
street at Greene street and was arrested
by Patrolman O'Donnell. He declared
that he used the asphalt pavement be-
cause the work which is in progress on
Montgomery street made it impossible to
go by that route to the ferry.
'tI do not believe said Justice Potts.
'ethat 1 can hold you. The law in Buffalo
is thaL Wnen the Guy duttloIllleS IeSSi Ve
any street for light travel only, they
must provide another thorougnfare, rum
ming parallel with it for heavy traffic;
This law should hold good here as well
as there"
.sBut he could have gone around by
way of Grand street." interposed Rounds
man Frey.
M doubt if you can compel man to
go so far out of his way, even to save
the asphalt pavement which is a boon
to the city and which we all appreciate"
replied the Justice.
Justice Potts said he would reserve de-
cision until he had an opportunity to
look up the law on the subject or deter
mine it on its merits. Later in the
morning he discharged>Barry. Ebenezer
Williams, of No. 95 Montgomery street,
and Patrick Kenny, of No. 3 Morris
street, who failed to appear when their
names were called, were fined So each
for violating the same ordinance. Three
Newark truckmen were discharged be-
cause of their ignorance of the law.