Gloucester County Democrat. (Woodbury, N.J.) 1878-1932, 1901-07-25
BILLS PAID.

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Mr.. Batten, of the Street committee,
presented communication from a citizen
of Oak street, complaining of conditions
there detrimental to health and destructive
to enterprise. The paper was referred to
the Street committee for Investigation and
remedy.
Mr.. Best moved that employees of the
water department and Librarian of Dept
ford Institute be granted two weeks vaca-
ton Carried.
A communication addressed to the Sewer
committee was received from G. &. Green
aud read and filed. Mr. Best said the
matter was in progress of settlement, and
report would be made at an early date.
On Mr.. Sithens' motion provision was
made for a gutter across Delaware street.
The following communication was
received from the Solicitor.
WOODBURY., N J., July %, 1901.
D. r. MATHERs, ESQ,
City Clerk, Woodbury., n. j.
Dear Sir Il am in receipt Of yours OF
July Doth, as follows: Council desire your
opinion whether or not the Camden, Glouces-
ter and Woodbury. Railway Company are
required, under the terms of their franchise
ordinance, to relay the paving torn up for
the laying of the sewer by the City, on
Broad street, North of bridge, over Wood
bury Creek.
/ have carefully examined the ordinances,
pages 353, ETC., and pages 1863, ETC., OF the
City Ordinance Book, empowering the Cam
den, Gloucester and Woodbury. Railway
Company to lay and construct street rail-
way in and along certain streets Of the city
of Woodbury., etc., and find that the com
pany are required to pave with No. l Bel
gian blocks between the tracks Or rails, and
fifteen inches on the outside Of each outside
rail. This the company did.
The said ordinance provides further that
wherever and whenever it shall be neces-
sary, in the opinion of City Council, that
drains, sewers or culNerts shall be placed
across any of the streets, highways or alleys,
along the road of said lines, or railways,
the same shall be erected or constructed
under and beneath the tracks Of said lines
of railways, at the cost and expense OF said
company for them, as to workmanship and
material, and shall be Of kind and pat
tern and material to be designated by the
said City Council, ETC., and whenever and
wherever it shall be necessary to take up
any portion of said track for the purpose of
laying or repairing said drain, sewer or Gull
vert, the same shall be taken up and re-laid
wholly at the expense of said company, etc.
This seems to be the only obligation laid
upon the company as to paving and tracks
in case of this kind. You will notice the
ordinance does not provide for the re-laying
of the paving, but uses and confines the
matter specifically to tracks. The paving
cannot be included in the word tracks.
| am therefore of the opinion that the
trolley company is not required to relay
the paving which was not taken up by them
for their purposes, and at their direction,
on Broad street, for the purposes named in
your inquiry.
Whatever may have been the intention of
Council, when the ordinances were passed,
defining the duty of the trolley company,
in the case defined in your inquiry, the
ordinances expressly limit their duties to
the re-laying of the track.
Yours respec'y,
DAVID O. WATKINS,
City Solicitor.
On motion of Mr.. Best the same was
received and filed.
Messrs. Sithens and Davis discussed the
opinion, the concensus of their ideas being
that the Solicitors opinion was not broad
enough, but that the railroad tracks en-
braced the entire portion of the street
occupied by the company.
Mr. Best moved that the Street COM
mittee proceed and relay the paving be-
tween the two lines Of rails Carried.
Mr.. Best moved that the Clerk notify the
Camden, Gloucester and Woodbury. rail-
way that the City recognized its response
bility in the matter of paving, and the
must relay the tracks between the
rails within ten days. Carried.
Mr. Davis objected to recognizing any
in relaying paving on the
trolley property.
Mr.. Best moved an amendment be drawn
to the Trolley ordinance, covering this
point at issue. Carried.
Adjourned.