The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1901-08-01
UVALDE SUIT A BLUFF
Corporation Counsel McDer-
mott Advises the City to
Take No Action.

The published intimation of Superinten-
dent Crichfield, of the Uvalde Asphalt
Company that he had, or was, about to
institute suit against the city for $5,000
daily for damages sustained through the
city obstructing Dudley street. was leased
on the following notice eserved on tn
Mayor and Board of Aldermen Immediate
ly after the conference between officials
of the company and city officials in the
Mayors office Tuesday afternoon.
To the Honorable the Mayor, Aldermen
and Commonalty of Jersey City, New
Jersey
Sirs-on the 9th day of October. 1900,
the Lehigh Valley Railway Company
leased to this company certain premises
situated between Greene and Hudson
streets, along the north side of the Nor
riS Canal, in the city OF Jersey CITY,
The City of Jersey City, for some reason
unknown to us, and ignoring our rights
as such lessee in possession of the prop
erty, have caused certain barges to be
moored and anchored along the line OF the
dock covered by said lease which have
over said premises to the water and have
prevented us from using said dock TOR
the purposes of our lease, and TINS op-
struction has continued since Sthe lotn
day of July, 1901.
We respectfully notify you that we are
under time contract with the City OF New
York. and others, to deliver asphalt from
our works, and under severe penalties,
secured by bond, for the due and timely
performance of said contract, and that SDy
reason of such obstruction we have been
substantially evicted from said premises
and from the enjoyment of the use OF the
same for the purposes of our business.
We further advise you that the damage
accrued and to acrue by reason OF such
eviction will amount to a large sum, as
our contracts call for about half a million
dollars of work, and that the damages
49, ff,l7O Arfh hxy
reason of such obstruction, unles sthe
same are removed, will amount to thou
sands of dollars per day.
We further advise you that we aeo
mand that you at once remove, or cause
to be removed, the said obstruction and
deliver to us the possession and enJoyment
of the premises leased, and that we VIII
hold you responsible for all damages ar1s-
ing from your failure so to do.
w. UVNkDE ASPHALT COMPANY.
BY CLARKE & CULVER,
Attorneys.
The Mayor sought the advice of Cor
poration Counsel McDermott as to what
action he should take. This morning he
received the following communication
o-ii ~ - August /, 1901
Hon. Edward Hoos, Mayor of Jersey
Dear sir-Replying to your communica-
from Clarke & Culver, attorneys for the
Uvalde Asphalt Co., l respectfully advise
YOU that the communication does not
necessitate any action on your part.
very : Al ALLAN l.. McDERMoTT,
Corporation Counsel.
Mr.. McDermott does not appear at all
worried over the company's threat He
says he told officials that the proper
course for them to pursue was to apply to
the Court of Chancery for an Injunction
restraining the city from holding and
obstructing the property
"The city is merely holding what be-
longs to it," he added. LET the COM
pany get it away from us if it can. We
are in possession
In speaking of the matter this morning,
Street and Water Commissioner Anthony
Hauck said:-"It is foolish on the part of
the JJvalde Asphalt Company to claim
that the city is trying to injure that
concern Our fight is against the Lehigh
Valley Railroad Company for encroach-
ing on the citys property. The discovery
of the encroachment by the railroad COM
pany was made by some of the commits
sioners who went down there to see about
some paving which the Uralde Company
asked permission to do itself. we We're
willing to oblige them in that matter AS
to a suit for S., 900 damages that Is equal
" absurd talk If the company can un-
load its material at the Dudley street
wharf it can unload it at some other
wharf"