The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1897-10-28
SUETHERAILROA
Hoboken's Council Orders
Suit Brought Against the
Rutherford Trolley
Company.
WON'T PAY FOR ITS FRANCHISE
President Helms Tries to Squirm
Out Of q Just Debt
to the City.

Council decided last night to bring sun
against the Jersey City, Hoboken anu
Rutherford Railway Company TO recover
5000 % due the city for the FRANCHISE GRAM
ed the company some time ago. Onoer
the provisions of the franchise the COM
pany was given the right of way through
First and Second streets and on Newark
street. between Rive street and the Terry
for SO, 900. 1t was expressly stated tnae
the money was to be paid to the Guy
within thirty days after the franchlse
was passed, but the company refraineo
from doing so, giving as an excuse that
legal complications had been instituted
by, some of the property owners. NO"
President Helms declares outright that the
company should not be called upon 10
pay the $40, 900. The members OF me
Council interpret the statement to mean
that the company does not intend TO pay
the money without litigation.
The following letter was received from
President Henis:-
To the Mayor and Council of the City OF
Hoboken.
ordinance was hereto.
fore passed by the Mayor and Council OF
the city of Hoboken entitled An ordi-
nance granting to the Jersey CITY HOBO
ken and Rutherford Railroad "a
SIreSC%TaiIWayD, d .lOCdliOH u I toShS
within THE limits of the city of Hoboken
and the right and authority to SO locate.
construct. and maintain the SAID TRACKS
and its said railway and TO use operas,
tricitY Yor electric motors, instead o.
horses, and to erect, construct, string and
maintain -ppureenances ror dhe pr ueppishgi y
the manner. sn which the wires snail De
strung thereon
Subsequent to the passage OF the oral
x1o ~ n a III q .o0rnHanu rnrnnno6p6 with the
laying of its tracks and the construction
of its railway on 1the route by
ordinance and SO far completed the same
that on or about the first day of August,
1886, it was prepared and about to lay It's
tracks and construct its railway on the
portion Of said route designated IN sag
ordinance, as easterly along newark
STREET.-THE the Hudson River Ii
That on or about the first day OF Au-
gust. 1896, a bin of complaint was hied IN
the Court. of Chancery by the Hopoken
Ferry Company as complainant against
the Jersey City, Hoboken and rutherford
Railway Company. wherein and whereby
that which is alleged in said ordinance as
a part of Nswark street, east OF River
street, was and is in fact the private prop
erty of the Hoboken Land and Improve
ment Company, and that no right or au-
thority@ therefore existed in the city. OF
Hoboken to treat the same as a pubic
street of said city or to designate the
same as a part of the route of said rail-
way company.
An order to show cause having been
granted on the filing of said bin and an
order restraining said railway company
from using the same In pursuance OIL tne
authority granted in aid ordinance for
ings were thereafter had, that an %injunc-
ton was granted by said court, perpetu-
ally restraining said railway company
for the reasons amongst others atore
heard from using the same. Said railway
company, on account thereof, was COM
PEELED to acquire in place of said NeWark
street, east OF River street, as
In said ordinance, another location Tor
its tracks, by leasing from the Hoboken
Land n Improvement Company, at an
annual rental OF 5000, the alleyway or
entrance to the Hoboken ferry. This
course was taken in order to afford the
people of Hoboken n the public a safe
and convenient means of connection be-
tween the cars Of said company and Ho-
boken ferry; and the fact that this large
expense was thus incurred for the purpose
aforesaid and was forced upon the COM
pany, should, I think, be favorably con-
sidered by you. My object in writing is
to call your attention to the above facts
and to respectfully submit in connection
herewith hs that aau under s the eIro Go9 10 iS,ss
tice and fairness be now expected ana
asked to pay, to the city OF IHoboken the
your favorable consideration Of the mat
Very respectfully
JOHN L. HELMS. President,
Jersey City, Hoboken and Rutherford
Railway Company.
Corporation Attorney Minturn was dj-
recteds to institute illegal proceedings
against the at once: to force the
p~aymentsof the money. The Councilman
were very much surprised over the com
pany,s action and intend to ightthe mat
ter to a finish. SO
State Comptroller w. s. Hancock In
formed the. Council by letter that the
American Bond and Surety Company OF
Baltimore had deposited with him $4,000
IN bonds necessary to entitle bt to conduct
business under the laws of this State.
The certified check for that amount which
the ompan deposited with the City
Clerk as a guarantee OF good faith on
the bond of the Utica Paving Company
was returned. sts
County Collector eDugan informed the
Board thai the city's share of State taxes
was ST. 1866 and of county taxes Sl57. 2422l.