The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1900-06-12
Recent Decision of the Su-
preme Court Does Not
Affect Control Of
Plank Road.
REFERS ONLY TO DEMURRER
Defendant Company Still a
Corporate Body-History
of the Suit.

Just because the Supreme Court yester-
day rendered decision on demurrer
some newspapers have given it out that
the control of the Newark Plank
Road is abolished and no toll
can be collected Such is not the
case. as any one will find travelling ON
that highway The company will still
continue to collect toll as it has done be-
fore.
Yesterdays decision was on a demurrer
filed to certain pleas put in by the COM
pany in the legal suit instituted against
it by the State Sand in which suit the
validity of the company's charter was in
question. and the decision on those pleas
by no means affects the companys right
to carry on its business as the opinion
clearly sets forth. Justice Van Syckel
said
The effect as to the public of the de-
Termination by this court that the Plank
Road Company has ceased to exist in law,
except for the purposes specified in sec
ton 80 of the act concerning corporations,
is not presented by this controversy. The
defendant company will still continue to
be a body corporate for the purposes in
that section of the said act specified
This decision on the demurrer will be
carried to the Court of Errors and APP
peals.
The first actual move against the ex-
tension of the corporations charter was
made on February 25, 1899, the day after
the expiration of the original charter
term, when delegation from the manu-
facturers' committee demanded free pas
sage over the Passaic and Hackensack
bridges. John L. Armitage of Essex was
in command of the invaders. With him in
wagonette were Benjamin H. Atha and
Ulysses B. Brewster and Charles B. Mat
thews, all members of the Newark Board
of Trade At the approach to the Pas
sale bridge they found crowd of small
boys and loungers waiting to see the ex-
pected encounter Policemen were there
who had instructions not to take any
part in the demonstration other than to
preserve the peace.
When the wagonette approached the
bridge entrance Wisconsin Jackson, SUI
perintendent of the road, ordered John
JTfTert, the regular gate..eeper, to close
the gate. Uffert delegated the task to his
three assistants. while he went forward
to collect the tolls. which were finally
paid under protest This was repeated at
the Hackensack bridge also.
1t was suggested at first to bring suit IN
the Supreme Court for the recovery of the
amount of toll, which the committees
skirmishers paid under protest. The COM
mittee contended that the eompany's char
ter expired on the day previous, and it
refused to recognize the validity, of the
extension. 1t was afterward decided, how
ever, to institute quo warranto proceed
ings, as that method would test the con-
stitutionality of the Goble act just as well.
The North Jersey Street Railway Com
pany is in control of the Newark Plank
Road Company, and the Pennsylvania
Railroad is also interested.
James B. Vredenburgh, of the law firm
of Vredenburgh & Garretson, of Jersey
City, counsel for the Pennsylvania Rail-
road, defended the action for the Plank
Road Company.
When the Plank Road Company was
chartered for fifty years on February p,
1S49, it was called the Newark Plank Road
and Ferry Company. Since 1883 it has
been known by its present name. Until
the agitation against it it was the general
belief that the charter expired on Feb
ruary "a, 1899.