The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1897-11-16
COURT OF APPEALS.
-Ex .Co1nmissioner Vreden-
burgh Climbs On to the
Bench With Some
Ceremony
FOR STANDARD OIL
Conviction of Ryan the Bergen
County Greens Goods
Man Set Aside.
Ispeelal to ..rhe Jersey CITY Newa..l

Especial to 1.-THE Jersey City News.'1
TRENTON, Nov. 16, 1S97.-The Court of
Errors and Appeals met yesterday and
rendered decisions in about thirty cases,
| including several of Importance. Ihe
Court spent most Of the day in confer
| ence and the decisions were not an
nounced until late in the day. Only a
few opinions were filed, but the
ment was made that a number would be
submitted within a few days. All the
members of the Court were present with
the exception of Judge Kruger, of New
ark, who was absent in Europe during
the last term, and consequently did not
sit. The November term of the Court
will open today.
William H. Vredenburgh, of Freehold,
who was appointed a special judge OF
| the court by Governor Griggs last Tues
| day, was on hand and received a cordial
| reception from his fellow-members on the
| bench. In the afternoon Mr.. V~redenburgh
was sworn in, and he Immediately took
his seat on the bench. The oath was adj
ministered by Chancellor McGin, every
| one in the court room standing during
the proceedings.
A decision was announced in the case
of the Pennsylvania Railroad Company
| against Henry E. Breckenridge and the
United States Pipe Line Company, IN
favor of the latter corporation. rms
| terminates, so far as the New Jersey
| Courts are concerned, another of the
| struggles in the famous pipe line war be-
| tween the railroad and oil companies.
In the present instance the pipe line
| company purchased a tract of land adj
joining the tracks of the railroad COM
pany near Belvidere. The deed of the
property carried with it a right of way
| across the railroad company's tracks.
| On the strength of holding this right OF
| way, the pipe line company laid its
| pipes under the tracks. The railroad
| company sought to have the pipes re-
| moved. claiming that the right of way
| extended only to passing and repassing
| on the road, and not to the laying OF
| pipes. The Court of Errors decides that
| the right to lay pipes, so long as they do
not interfere with the operations of the
| railroad mpan is included in the
| right of way, and refuses to order their
removal. The case came up on an appeal
from the decision Of the Chancellor,
\ which is affirmed.
An opinion was rendered setting aside
the conviction, in the Bergen County
| Court, of Michael Ryan, the notorious
king of confidence men," Ryan was
| arrested and tried on an Indictment for
| operating as a green goods man. He
was found guilty and sentenced to W
and a half years Imprisonment, n to
pay a fine of 1000. Ryan's conviction
is set aside on account of the admission
of certain technical evidence, which the
| Court of Errors decides should not have
| been allowed. When the ease was car
ried up on the writ of error, Ryan was
| released upon furnishing $1,000 bail. He
is now said to be outside the jurisdic~
| of the State, and there is a question in
| some quarters as to whether he will come
back and again stand trial.
In the case of Roxbury Lodge, No. 1874,
I. o. o. F., v. William Hooking, the Court
upholds the decision of the Supreme
Court, which is in bookings favor. rms
case is a very important one to ID Eel
| lows. and has been widely discussed. The
| Grand Lodge of New Jersey had the case
| carried to the Court of Errors to have
the decision of the highest court in the
State.
Hooking Joined Roxbury Lodge some
years ago. When he became a member
there was a rule which provided that any
member of the lodge that became III
4 SnOulQ receive d. WcGhly LIN llC u v y
| 8, long as the illness continued.
Later a rule was adopted by the lodge
providing that any member who became
i'll should receive S. a week for the first
twentyssix weeks, after which time he
| should receive but 81 a week.
Hooking refused to abide by this law,
and sued the lodge in the Morris County
| Court. where he recovered a verdict. The
case was considered at length in the
! Grand Lodge. and a resolution was passed
~instructing Roxbury Lodge to appeal the
| case. The Court of Errors affirms the
| decision of the lower court on the ground
that the rule to pay a sick member ~ q
| week in vogue when Hooking joined was
virtually a contract, and could not be
changed to apply to members already in
the order without the consent Of all the
members.
THE case was contested for the Odd Eel
lows by Messrs. E.. A. Quayle and VIM.
A. Stryker and for Hooking by Congress-
man Mahlon Pitney.
The Judgment is affirmed in the case of
| Ottawa Tribe, No. Is, Improved Order of
| Red Men ads. Margaret Munter, on error.
| the Ottawa Tribe. When Munter died the
order refused to pay to the widow the
customary death benefit Of 500, claiming
| some irregulariIy. The Supreme Court
held that Mrs. Munter was entitled to
| the money, and this decision is now
! affirmed by the Court of Errors.
The judgment of the Supreme Court Is
| affirmed in the case Of John D. Sfeelman
| and others ads. The Atlantic Sewage
| Company, which gives to the sewage
compan about three acres of marsh land,
the title to which was in dispute.
Among the decisions announced were:-
Peter Hornlack VS.. The Consolidated
Traction Company, the judgment of 81, 900
| damage awarded Hornlack is affirmed.
Charles Lambertson VS.. The CONSOLE
| dated Traction Company; the Judgment
| of s., 600 damages for the plaintiff is sus-
tanned.
Hone VS.. Consolidated Traction Com
pany, on error; Judgment reversed.
| Supreme Council Golden Star Fraternity,
| on error; Supreme Court affirmed.
| Consolidated Traction Company VS..
| Jones. on error; Supreme Court affirmed.
Julius Lumberston and Consolidated
Traction Company; judgment awarding
| Lumberston 81, AGO damages affirmed.
Consolidated Traction Company against
| Shaffery; affirmed.