The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1898-02-10
CHEAP FHRRIAGB Bill
Good Government Associations
Measure to Allow Free
holders to Fix Rates.
Especial to ..rhe Jersey city News."l

Especial to sHrhe Jersey City News.']
TRENTON, Feb. 10, 1S9S.-Among the
bills introduced in the House yesterday
was one by Mr.. Allen, which repeats the
act of 1858, giving to ferries then In ex-
istence the right to fix the rates of fer
riage between Jersey City n New York
and restores the act of 1893, giving the
Boards of Freeholders power to fix such
rates. This bill, which is practically a
two-cent ferry measure, was introduced
by Mr.. Allen for Good Government Club,
No. /, of Jersey City. The association has
given his matter considerable attention
of late, and has had Counsellor Mungo
j. Currie and ex-Judge Puster at work
examining the avs on the subject. These
gentlemen made a report recently upon
the acts from TIA down to the present
time, which affect ferry rates, and this
bill was the result of that report.
In 1S48 HI Chosen Freeholders of Hud-
son attempted to operate under the law
of 1899 by changing the rates of ferriage
at Jersey City ferry and passed a reselu-
ton that every person on foot above ten
years of age should pay three cents fer
riage; under ten and above five, two
ceats. This resolution was certioraried to
the Supreme Court by the New Jersey
Railroad and Transportation Company,
which contended that the ~Freeholders had
or State to another county or State. But
the Supreme Court held that the power
was with the States and MOI with Con-
gress, and that the Freeholders had au-
thority to fix the rates for ferriage where
one terminus is within their county, even
if the other terminus is out of the State.
1t decided that the Hudson Board
could regulate the rates at the ferry
from Jersey City to New York. An APP
peal from their decision to the Court of
Errors and Appeals affirmed it, and add
ed that the regulation of tolls on bridges
and turnpike roads and fares on rail-
roads and ferries which are used for COM
munication and m between States
is part of the powers reserved to the
States, and is not delegated to the gen
eral Government.
After this, in 1858, the ferry proprietors
secured the passage OF an act in the
Legislature deprlving the Freeholders of
their power. and regulating the tolls for
Heboken and Jersey City ferries at three
old. with special rates for children, We
hieles, etc. This law provided hat the
Legislature might at any later date alter
and modify the tolls.
The corporations got all they wanted,
and the law has since stood in full force.
The rates are the same as they were
fifty years ago. The Freeholders of 1853
protested, but the directors of the Board
Numbered md the bin passed. In 1854,
1855 and 1856 efforts were made to have
1T repeated, BUT they failed. On every
occasion then and since, railroad and cor
pcratfon lawyers have thrown doubt up
on the authority of the Freeholders in
every manner.
Several States have the power to reg
ulate their interstate ferries. and the In
~terstate Commerce law has no appifca-
ton to the ferries in question, applying
only to the transportation of passengers
and property wholly by railroad or part
sly by railroad and partly by water. The
repeal of the act of 1858 is therefore
urged by the trainers and supporters of
the bill introduced yesterday.