The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1897-08-27
JUDGE COLLINS HERE.
First Appearance of His
Honor on the Bench
in His Own County.
HOW HE WEARS THE ERMINE
Principal Case Before Him Ger
liorari Suit in Which MI.
Vredenburgh Figures.

Justice Gilbert Collins made his first
appearance on the bench in this circuit
this morning. He arrived at the Court
House about II o'clock, and after saying
good morning to Pop Cook. the veneer
able door keeper, in his usual pleasant
manner, walked up the middle aisle just
as he used to do when he was only law
yer. He has the same quick, nervous
action, aha the wearing of the judicial er-
E1ine has not made any apparent change
in him. He greeted the lawyers and the
Court attaches, and then took his seat ON
the bench with the announcement, The
Court will hear any unlitigated motions.
After signing some unimportant papers
presented by lawyers, Justice Collins
heard a motion made by Lawyer James
B. vredenburgh for a writ of cel'tiorari
through which it was proposed to test
the constitutionality of the act passed by
the last Legislature requiring trolley cars
to be provided with vestibules at either
end The action is taken because the
Board of Police Commissioners passed a
resolution on August Il directing the
Chief of Police to enforce the law. Mr..
vredenburgh asked that this resolution
be certioraried to the Supreme Court for
by Edward F. c. Young, President of the
Consolidated Traction Company, in sup
port of his application. Mr.. Young de-
clares that the company is operating l6o
bars in Jersey City under the charter of
the Jersey City and Bergen Railroad
Company. which was granted in 1859. II
the company is fobliged to provide these
cars with vestjbules the cost will be
$4,000. The affidavit sets forth that the
law is unconstitutional because it takes
private property for public use without
compensation to the owners. 1t also
compels the company to expend its assets
for purposes not required by its charter.
Mr. yredenburgh argued that besides
being unconstitutional the law is vague
and uncertain. 1t provides the running
of cars without vestibules between No
vember 1 and April l in any one year,
which is really period covering two
years. 1t also provides that the cars
shall have open doors in both sides. willie
this would not benefit the motorman for
whose protection the law was enacted, it
would subject the travelling public to
great danger. The front platforms of
the cars are protected now against dan
ger to the travelling public because they
are enclosed with gates and no one is
allowed to get on or off car that way,
and the attention of the motorInan
is not distracted from his duties
If there are open doors on both sides
the danger would necessarily be increased
and there would be more danger to the
motorman from riding wtihth vestibule
than without it. The motorman does not
suffer much hardship, as the trips are
short Under the resolution and the law
the Chief of Police might stop traffic on
the road entirely. but If he allowed 1t
to go on and the penalties were enforced,
ties amounting to $4,000 or $4,000 in the
road runs.
The Legislature, Mr.. vredenburgh further
contended could only pass such a law in
the legitimate exercise of the police
power of the government and that it
not set forth in the act. The fine of S25
a day TO reach car is excessive. Mr.
Vredenburgh suggested that if the writ
be granted an order be granted with
it to bring the question before the
Supreme Court, at the September term
Corporation Counsel Blair, who appear
ed for the city, said that the city had
really no interest. The resolution of the
Police Commissioners is of no effect what
ever at present.
Justice Collins held the same opinion
He said that the resolution is not in
effective force and he did not believe the
Supreme Court would pass upon the main
questions involved until a conviction had
been had under the law. He granted the
writ, however, and made it returnabie at
the September term.