The Jersey City news., 1901-06-03
GRIFFIN'S OPINION
Text of the Advice Given
the Freeholders By the
County Counsel.

The opinion of County Counsel John
Griffin, read at Saturdays special meet
ing of the Board of Freeholders in accord
ance with which the board authorized
Director M. B. Holmes to sign the agree
ment for the opening of the Newark
Plank Read, is in full as follows
Pursuant to our understanding 1 met
the Essex County Freeholders and the
counsel of the Plank Road Company in
conference respecting the opening of the
Newark Plank Road to public travel.
s.The legal status of the question is COM
legations it is necessary to know the only
cost upon us by law without recent
statutes and the only cost upon us by
our construction of these statutes.
'sFhe road has within its Hmits two
bridges, one forming the dividing line be-
tween Hudson and Essex counties, and
the other wholly within Hudson county.
Under the law, without the recent
statutes, where bridges form connecting
links on highways between two counties,
the duties devolve on the Board of Free
holders of both counties to maintain the
same; and where the bridge is wholly
within one county the duty devolves on
the Board of Freeholders of that county
to maintain the same.
srhe Plank Road Company claims GER
tain property rights in the road and
claims the right to exclude the public
from the use of it. If such rights exist
then the Newark Plank Road Is not a
public highway and the Board of F'reehol-
ders of Hudson county is not bound to
maintain any bridge or bridges over the
same, because Boards of Freeholders are
not bound to maintain bridges on other
tnaH public highways, that is, highways
in which the public have the absolute
right of use, without the sufferance OF
anyone, and therefore no liability would
exist.
"3ut we are not aware of the fact that
the Plank Road Company has any prop
erty rights in the road, and if its claim
it not well founded it might become the
duty of the joint Boards of Essex and
Hudson to enter forthwith into possession
of the bridges and maintain them for pub
lie use. A refusal to enter into posses
sion and to keep the bridges closed
might subject one or both counties to lia-
bility for their failure to build, rebuild
maintain and repair bridges, where the
QuIy Is imposed OH ldeHl py law.
sBy the act recently passed it proves
that where the charter of the Plank Road
lis vacated, it shall be the duty of the
county to acquire the property rights OF
such Plank Road Company in the
roads.
If this statute is valid and the PLANK
Road Company has property which we
are bound to condemn, then we have nc
legal right and are not bound to enter IN
to possession of the road until such prop
erty rights are extinguished.
.sTo settle the question will take time
and necessarily mean the closing of this
artery of commence, and therefore th'
end to be attained seems to be to giv'
the public the benefit of the road, with
out at the same time binding eitnel
county to the acceptance of the bridges
or changing their status with respec
therete.
sBy the last mentioned act wherein {
trolley company is operating along sucf
Plank Road, where the charter is vacated
such trolley company is bound to pa!
a share of the cost of building, rebuild
ing and repairing of bridges.
ssHaving these ideas in view, this agree
rnent provides:-
First, That neither county shall entei
Into the possession of the bridges durin,
the continuance of the agreement.
The necessity Of this clause in tn
agreement is occasioned by the fact tina
Essex County might enter into possession
OF The bridge over the Passaic River, am