The Mount Holly news. [volume] (Mount Holly, Burlington Co., N.J.) 1891-1942, 1901-01-08

''TRoLLEYs must keep their contracts
is the decision of Chief Justice Depue,
and the ruling may be of value to some of
the property owners in this county The
Montclair Military Academy was to have
been compensated for giving its consent
front of its property. Under the traction
act no franchise can be granted to trolley
company by any municipality unless the
company first obtains written consent from
the owners of majority of the lineal feet
of abutting property along any proposed
trolley route In the Montclair case, this
Consent was given on the promise of the
trolley company to transfer a certain
trolley company afterwards obtained a
franchise from the Montclair authorities
and refused to hand over the stock Suit
was brought to compel the trolley company
to live up to its promise and the Judge
decided that the agreement was perfectly
legal aud the trolley company was bound
by its provisions. The law requiring the
consent of property owners was for the
protection of the latter AS the law now
stands those owning property can give or
withhold consent as they please and can
require compensation for their signature.
Judge Depue also called attention to the
fact that municipal authorities stand in
the light of protectors of property owners.
The important point in this decision is
that which shows plainly it is the duty of
trolley people to live up to all agreements
and that they may be compelled to do So
This is worth looking into in some sections
of this county. There are reports that
the trolley now enjoying privilege for
which it did not pay cent@to the public
treasury at least-is not living up to its
agreements in several instances. This is
where the city councils, township COM
step in as protectors of the public. Paw
ing. repairs to roads and bridges and like
matters should be carefully looked after.
ONE point in the contest for the vacancy
on the Supreme Court bench is settled.
The successor to Justice Ludlow W i'll be a
Democrat. Governor VOORHEES, has posi-
lively decided that point To maintain
radical partisan ideas we should, possibly,
denounce this decision and advance
reasons why the appointee should be a
Republican. But THE NEWS honestly
sees more to commend than to condemn
in the stand the Governor has taken. His
action is good politics and is justice. For
years the Republican press of this state
denounced in unmeasured terms the action
of Democratic Governors who kept the
bench bitterly partisan. This state of
affairs was made the basis of more than
one campaign editorial and attack upon
the opposite party. The Republicans
promised reform and the pledge has been
redeemed. The court is now composed of
FIVE Republicans and four Democrats
To ask Governor Voorhees, to go back to
the old system, to stultify himself and his
party, to place the Republicans on the de-
fensive and open to the same criticism and
denunciation that was melted out to the
Democrats for maintaining partisan
bench, would be unjust, a return to the
old system would be suicidal. Governor
Voorhees, is to be commended for the
position he has taken, and should be up
held by the press throughout the state for
his efforts to keep the courts from being
partisan. In this connection we also be-
lieye the new Judge should come from
South Jersey. There are certainly a suf-
: fcientNnumber of capable men in this sec
ton to I'LL the vacancy. That there is
already one Democratic member of the
court in this vicinity does not count, as
Essex county has three members of the
court, all Of whom are Of one political
faith. Republican at that. South Jersey
is entitled to another Judge The fact
that circumstances require him to be a
Democrat, thus interfering with the
desires Of some worthy Republicans, Is a
matter of disappointment to be sure, but
political experience is full of that sort c
thing.