The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1899-11-13
SUTHERLAND FINED.
Potts Says Police Alone Can
Grant Street Obstruc-
ton Permits.

Police Justice Potts this morning rem
dered a written decision in the case of
anton Sauerland, who was accused Of
violating city ordinance in erecting a
storm door in front of the property he
recently fitted up as a saloon at Nos.
II and 70 Erie street, without proper per-
mission The case has excited consider
able interest as it involves the respective
powers of the Street and Water Board
and the Police Department in giving per-
mission to obstruct the streets with
stoops, signs, awnings, storm doors, ETC.
Sauerland was going ahead erecting the
storm doors in question under what he
claimed a proper permit, duly granted to
George Williamson, the owner of the
property, by the Street and Water Board.
when he was stopped by the police and
arrested for violating a city ordinance.
Justice Potts found Sauerland guilty and
imposed fine of $40 on him. His de-
cision in full is as follows:-
''It is contended in this case that the
defendant, in attempting to erect a storm
door in front of his store or saloon, Nos.
II and 70 Erie street, Jersey City, is vio-
lating Section of an ordinance 'Regulat-
lie grounds, and the several amendments
thereto. Said section reads as follows:-
:" Sec. g. No person shall construct or
continue any platform, stoop or steps
in any street in Jersey City which shall
extend beyond the street line more than
nine feet in streets of eighty feet in
width, nor more than five feet in streets
of less width, nor, with any other than
open backs or sides or ratings, nor Of a
greater width than is necessary for the
purpose of convenient passageway into
the house or building to which the same
is attached nor in front of any other
building than one used exclusively as a
dwelling house, under a penalty of ten
dollars and further penalty of one dol
lar for each day the same shall be con-
tinued,' etc.
"The defendant claims that by reason
of a certain paper which he calls a per-
nit obtained from the Board of Street
and Water Commissioners he is given the
right to erect the storm doors complained
of. Said paper appears to be in the ma
ture of resolution adopted October "a,
1899, reading as follows:-
F" Resolved, That permission be and Is
hereby granted to the following named
persons to erect signs, ETC., over the side
walk in front of premises designated In
accordance with the rules and regula-
tions of this board governing such mat
ters:-
!" Geo. H. Williamson, storm door, 71-7s
Erie street.
1T is claimed on the part of the Police
Department hat said resolution is indeH-
mite and gives no power whatever in the
premises In addition to the statement
of facts agreed upon by counsel, evidence
was given by three adjacent property
owners, who objected to the construction
of said storm door in that the same OBJ
structed the sidewalk and interfered with
their rights. The simple question to be
determined by this Court is, has the de-
fendant violated the above mentioned or
dinance?
I'm the construction of said storm door
the defendant had first to lay the foun-
dation stoop or steps, which was less
than five feet in width, but was Enclosed
on three sides and did not have open
backs, sides or raiings, as required by
the ordinance, and, further, the building
In front of which the storm door is to
be built is not one used exclusively as
a dwelling but, on the contrary, is a
store or saloon.
1T is clear, therefore, that In these re-
spects the ordinance has been violated.
81 can find no power given by the said
ordinance to the said Board of Street and
Water Commissioners to grant permits to
obstruct the public streets in the man
ner intended, by resolution. Their power
| is granted by ordinance only.
THE defendant is found guilty and fined
| S1O''