The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1898-02-03

THE OPS And THE DOW Ms
Two Sides of the Track
Elevation Certiorari
Set Forth.
Mr.. FISK DEFINES THE ISSUES
Charges Of Insincerity From Mr.
Corcoran-The Erie's Contract
With the City.

| Counsel representing Robert M. Jarvis,
M. T. Connolly and other owners of prop
erty in the vicinity of the Erie Railroad
tracks, who applied for a writ of GER
tiorari removing to the Supreme Court
| for review the proceedings and contract
| by which the Erie Railway Company pro-
poses to elevate its tracks, were yesterday
notified that Justice Van Syckel had
| handed down a memorandum allowing the
writ of certiorari. The writ was applied
| for at the last November term. The orig
| nal application was made to Justice Lip
!. .pincott, who refused to grant it, but al
/ lowed the applicants an order to snow
/ cause why writ should not issue, re-
turnable to the Supreme Court. This or
der to show cause was argued at the
November terms
| The prosecutors in the matter state
clearly that they are unopposed to the
| elevation of the tracks, but are opposed
/ to the plan of elevation and contract
between the railroad company and the
! city They claim that two of their prin-
! cipal aims in making the contest are 10
| keep open Provost street and to prevent
| a grade crossing at Payonia avenue. The
| contesting property owners are represent
ed by the law firm =, Of MeDermott
\
Mr.. Fisk, discussing the granting OF OF
| the writ said, today:-''The matter. will
be argued at the February term of the
/ Supreme Court, which opens next Tues
/ day. The property owners object mainly
to the proposed plans accepted by the
| city which will make some OF their busl-
! ness concerns difficult of access. The
! Supreme Court has nothing to do with
the policy or method of the plans accept
ed. 1t cannot pass upon the question
| whether they are good or not. That matteris
/ loft n rifV The OnlV question IlaI
goes before the Supreme Court is whether
| the proceedings on the part of the railroad
company and the city to enter into this
| contract are regular and legal. Mr.. Nc
Dermott raises the point that under TINS
tcontract, as entered into between the Erie
Railroad Company and the Street and
| Water Board, this city is called upon to
pay out considerable sum of money in
changing the grade of streets and other
/ elevation Under the city stcharter any
contract for the expenditure of money
| has to receive the approval of the Board
of Finance, which was not received IN TINS
case The same method has been fol-
| lowed in this case as was followed in the
elevation of the Pennsylvania Company's
| the railroad company and the Street and
| Water Commissioners. But this case diff
fers in the fact that the city will be called
upon to pay out considerable sum OF
| money Some have estimated that the
| amount Will reach 100000. In the raising
4 of the Pennsylvania Company's tracks the
i city did not have to pay out anything.
| Andrew j. Corcoran, who was partcu-
I larly active in bringing. about the agree
lment to elevate the Erie's tracks has been
i'll for several days, and was too Ill today
to enter fully into discussion of the sub
| ject He said, however,
'I think the objections will be entirely
/ wiped out when they come to be inveSti-
/ gated In the first place the people against
/, the proposed elevation of the. tracks are
them Robert Jarvis Henry Lembeck NJ.
| 7. Connolly. John d. Carscallen and
Frank j. Matthews. The latter two
DROPPED out after inyestgathg the mat
| favored the elevation of the tracks. 1
! have records to show they have not.
gives his mite as well as his voice to-
| ward bringing it about. Two of them
have never given anything. Mr.. Con-
molly contributed something, but didn't
/ have the courage to put his name down
| in favor of the project. This does not
| look as thought they are sincere. 1t also
| leave county in which they reside,
| where they have seen vivid evidence of
| murder and slaughter of citizens going
on for years, and go all the way to Tren-
/ efforts put forward to prevent its con-
tinuance from justices who know moth
/ ing of the actual condition of affairs.
Il am satisfied that when the matter
/ comes to be thoroughly Investigated the
/ objectors will receive the same rebuke
/ they di in Hudson county. Old citizens
1 to the elevation of the Pennsylvania
/ tracks They had some grounds for COM
/ plant, as their property was certainly IN
/ iured In this case the railroad company
/ owns from Tenth to Eleventh street. and
i from the tunnel to the river and has the
| same rights and privileges as other prop
i ertv owners. The Pennsylvania Company
/ ran its road along public street and de-
preciated the value of porperty all along
! the line
! Real Estate Agent ]. K. Murphy, of
/ Ninth and Erie streets, said:-"After
! considerable trouble and expense on the
1 part of the North Side Improvement As
4 sociation we were pleased to find that
/ we had secured something definite and
i were glad to accept of elevation under
4 the conditions agreed upon. ! am of the
| opinion that securing what We did the
certioraring of the matter to the Su-
! preme Court by certain individuals who
| claim their rights and privileges are be-
| ing trampled upon Will not be looked
lupon by the public at large which has
waited so anxiously, as not being evinc-
! should characterize a citizen. As a real
4 estate agent, who has considerable inter-
est north of the Erie Railroad tracks. /
i look upon any delay at present as very
/ detrimental TO the welfare OF the people
\ at large.
1--WE are pleased" said Michael I. Con-
(! molly that we have won the first round
/ in this fight. We are not opposed to the
other hand we want and demand 1t.
| While the work is being done, however,
il should be done properly It is q great
bpubiic worl1sand should therefore be care
/ fact that the company, to give the requi-
i site clearing at street crossings, proposes
/ depressing the streets. AT Erie street
/ there will be a depression of feet; Grove
/ That will never do. There will always be
pudCleS of water under the treStle to the