The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1899-08-23
Temporary Permission to 2.
R. R. Pending Mr..
McDermott's Opinion.
COMMISSIONER HOLAK'S STATEMENT.
Railroad Says Property Was
Given to It by Grant
Action Criticised.

The permission given by Commissioners
James S. Nolan of the Street and WateH
Board TO the Pennsylvania Railroad Com-
pany to lay a temporary track on Bay
street, near the river. has given rise 70
much criticism from some who have not
clearly understood the facts Those who
do know all the surrounding circum-
stances and are in a position to Judge say
that the Commissioner has In no wise
overstepped his authority. The plain case
was told by Mr. Nolan himself this morn~
ing in the following language
For some time there has been a dis
pute between the city and the railroad
company as to the ownership Of that part
of Bay street east Of Provost The old
maps show that it was railroad property
and there are on record grants establish-
ing that contention. The city has never
used that part of the street Not long
ago the company was about to put down
a temporary track there and our Board
at once stopped them. In order that the
question of ownership be definitely settled
between the city and the company the
case was submitted to Corporation Coun-
sci A. L. McDermott, whose opinion wa
now await
Coming to the present phase Of the
case the company the other day repre~
sented to our Board that TO carry out
some undertaking it was necessary to lay
temporary track to carry material, etc.
We pointed out that the question was
still in allegiance and they replied that
they would agree that if we gave them
permission to put down the track pending
the arrival of the opinion they would at
once remove IT if Mr.. McDermoft said
they had no rights on the street. An
agreement to that effect was drawn up
and signed by the companys representa-
tive and myself. As chairman of the Com
mittee ON Streets, 1 had the authority to
give them temporary permission and there
has been no usurpation of power in the
slightest degree. If the opinion Of Mr.
McDermett is adverse to the company
the tracks will come up in few minutes
l can promise you
One of Mr.. NoIans critics is Fred
Klein, No. 7s Montgomery street. who
sent to the Mayor this morning the folr
lowing letter.
IF the press gives correctly the cir
p r. r. tracks on Bay street. trust
that you will take steps to punish the
guilty officials. If Commissioner usurps
the power of the Board and the Mayor
an attempt should be made to remove
| him from Office. Also the police who all
lowed the work to proceed in the absence
of a regularly adopted ordinance should
be brought up on charges
Mayor Hoos. when asked by q News
representative what he had to say about
the matter refused to discuss It He said
he would show the communication to
Mr.. Nolan His Honor declined to dis
cuss any aspect of the case preferring to
await Mr.. McDermott's opinion and the
subsequent action of the Board
1t is said that while the Pennsylvania
Railroad Company will in the event o.
an adverse decision from Mr. McDer-
mott. remove the tracks in accordancs
with its agreement. but will make an
other attempt to lay tracks. and than
when the City intervenes writ of in-
junction will be sued and the whole mat~
ter will be tbreshed out in the COURTS
The railroad company contends that tho
property in dispute was given 70 ths
company by the Aharsimus grant, ana
that the company has been In possession
of It ever since that grant was made-
That point OF the street, they say fur
ther, has never been used by the city
and for many years a sign has been up
announcing that it was private property
Corporation Counsel McDermott is at
Belmar today. and his views could not
be obtained.