The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1899-08-24
Corporation Counsel McDer-
mott Discusses the Status
Of the Bay Street
Dispute.
RAILROAD NOW IN POSSESSION
Claim That It's Right Dates
From Aharsimus State
Grant Mayor With
holds His Action

Corporation Counsel Allan L. McDer<
mott discussed briefly this morning the
status of the dispute between the city
and the Pennsylvania Railroad Company
concerning the ownership Of the east end
of Bay street. To recall to readers OF
Tine News" the question at issue it
may shortly be stated thus
The railroad company some time ago at
tempted to lay tracks across the street
below Provost street, and they were
stopped by the Board OF Street and Wa
ter Commissioners. who said that the
street belonged to the city. On the other
hand the railroad company claimed that
it was theirs The Board referred the
matter to Corporation Counsel McDer-
mott for his opinion. He gave one to the
effect that the street was city property.
That was some months ago.
Last week the Pennsylvania began
again to lay tracks across the street ana
the police stopped them. Being informed
that Commissioner Nolan of the Street
and Water Board had given the company
temporarily permit to put tracks down
pending the receipt of an opinion from
Mr. McDermott, the police allowed the
work to proceed and now the tracks are
across the street. To find out what the
Corporation Counsel had to say about il:
a News" representative called on sena-
| tor MeDermott this morning and this Ia
what he said
Some time ago I was informed that
the Pennsylvania Railroad Company had
laid tracks on a part of bay street. You
ask me If the city or the railroad com
pany owns that street? On general prin-
ciples say that the city owns the street
60 nt he =
wants TO test the ownership let that per-
son or persons go into court have
no official knowledge Of the change OF
| position since that time when the tracks,
We're first laid. If the Board OF Street
and Water Commissioners viii refer the
matter to me 1 will give it instant con-
sideration. You say that the tracks are
laid across the street now? Well thar
means that the railroad company is in
possession
ITO test the right of possession what
will be done?" was asked.
We'll I Will have to examine the COM
pany's title TO the land In dispute Briefs
will be submitted by the railroads law
yers and then l viii write an opinion r
| suppose.
The Corporation Counsel when informed
that the company claimed that their right4
of possession dated from the Aharssmus
State grant. replied that by decision
in 1857 the U. S. Supreme Court had
ruled that the Pennsylvania State grant
conveyed property to the railroads. but
that did not affect the easements Of tha
Loss map, besides there was, he said
the case of the Hoboken Land and Im-s
provement Company on that very same
point
Mayor Hoos today practically repeatedi
what he said In yesterdays News ~
namely that he preferred not to discus9i
the matter until he had before him the
opinion of the Corporation Counsel When
that arrived it would be time enough tor
him TO say what action he proposed t.
take
One of the Pennsylvania officials iq
talking about the track. this morning-.
laughed, at what he called a tempest La
teapot. The company owned land on
either side OF the street and the tracR
was aid on their own land for strictly
railroad purposes. There was no disposi-
tion on the part of the railroad. he said
to filch city property. The history Of the
P. r. r. Companyss relations with Jersey
City was one in which the railroad com-s
pany had always acted fairly.
~
"a word to the wise is sufficient wise;
neonie keen their blood pure with Hood,s H4I-a