The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1902-05-14
MAY CLOSE
PLANK ROAD
Company viii Insist on Ex-
elusive Ownership When
Present Agreement
Ends.
UNLESS COUNTIES ACT
Counsellor Spencer Weart
Tells Why Company
Will Take Such
Action.
UNLESS COUNTIES ACT
To the Editor of '"The Jersey Cit!

sir-on the 21st of May, 1902, the agree
ment relating to the manner IN Which tne
Newark Plank Road has been maintained
during the past year will terminate. Inc
agreement is as follows:-
Memorandum of agreement made ana
entered into this twenty-firs; day OF May,
A. d. one thousand nine hundred and one,
between the Newark Plank Road Com
pany. a corporation Of New Jersey, party
of The first part, and the Board of Chos
en- Freeholders of the County of Essex
party of the second part, end the BoarG
of Chosen Freeholders OF the County or
Hudson, party of the third part.
Whereas, An opinion was rendered by
the Court of Errors and Appeals of the
State of New Jersey filed March 4. a. d.
1901. in the case of Samuel II. Grey, At
torney General defendant in error VS.
the Newark Plank Road Company, PLAIN
tiff in error, and thereafter, at midnight
of Saturday, March 9, A. D. 1901, the New
ark Plank Read Company opened the
draw spans of the bridges over the Hack
ensack and Passaic Rivers within the
lines of the Newark Plank Road, since
which time said Plank Road has been
closed to all manner of travel; and that
afterwards the Legislature of New Jersey
passed two laws, viz: Chapter 134, entitled
AN act to secure any plank road com
pany whose charter has expired or shall
expire the right to continue to maintain
and operate any street railway owned by
it." and Chapter 135, entitled An act to
Provide for the control and operation of
roads and bridges owned or claimed to
be owned by any plank road company
otar n x
pire" both of which acts were approved
March q, A. D. 1901; since which time,
and at the present time, said road has
been and is closed to travel; and that dur
ing the time said road has been closed to
travel said party of the first part has
constructed a new iron draw span for the
bridge over the Passaic River and has
made other improvements there for the
purpose of placing said span in position,
and said draw span is now nearing con-
pletfon and VIII soon be ready to be piac-
cd in position, and thereupon said plank
road can be opened to travel; and
Whereas. During the interval between
the adoption of the laws aforesaid and
the present time various conferences have
been held between the parties hereto, but
no agreement was reached touching the
obligations and duties of the respective
parties in the premises. one reason being
the obscurity in the law;
Now, therefore, in order that said road
may be opened to travel while additional
legislation may be sought for and OBJ
tanned, it is agreed between the parties
hereto as follows:-
First-That the said party of the first
part will maintain at its own expense the
Do II
and Hackensack Rivers for the term of
one year
Second-The party of the first part will
at it's own expense maintain operate and
repair the bridge over the Passaic River
for the term of one year
The party of the first part will keep an
accurate account of the cost of maintain
ing repairing and operating said bridge
and render such account to the parties of
the second and third part, which said
sums so paid as aforesaid shall be cred
tied to the said party of the first part
and treated as so much money paid by
the party of the first part to the Board or
Boards which may ultimately be charged
with the duty of maintaining and repair
ing said bridge on account of any obli
cation which may become due and owing
from or by the said party of the first part
Or any trolley company operating a street
railway on said road to the said parties
Of the second and third parts, or either of
them, with respect to the building, re-
building or repair of such bridges, and
not otherwise.
Third-The party of the first part win
at its own expense maintain, operate and
repair the bridge over the Hackensack
River for the term of one year.
The party of the first part will keep an
accurate account of the cost of maintain
iEg. repairing and operating said bridge
and render sucn account to the party OF
the third part; which said sum so paid as
aforesaid shall be credited to the said
party of the first part and treated as 50
much money paid the party of the first
part to the party of the third part on ac-
count of any obligation which may be-
come due and owing from or by the said
party Of tho first part or any trolley COM
pany operating a street railway On said
road to the said party of the third part
with respect to the building, re-buil>.ng
or repair Of such bridge and not other
wise.
F'ourth-It is expressly stipulated and
agreed between the parties hereto that
nothing in this agreement contained shall
be considered as devolving upon any OF
the parties hereto any decision or conces-
sion as to the following propositions
ta) The r1sht or interest of property of
the Newark Plank Road Company in and
to the said bridge, bridges or road or any
part thereof.
OBJ The duty or obligation of the Board
of Chosen Freeholders of the County of
Essex or the Board Of Chosen Freehel-
ders Of the County of Hudson or of the
Newark Plank Road Company, or of any
trolley company maintaining or operating
a llme Of street railway making use Of said
t,sdges and roadway, or repair or renew
or enlarge or rebuild such bridges at any
time when such reparatlon or construc-
tion may be deemed necessary.
20 The question OF The obligation aai
duty OF the several parties hereto TO
maintain and operate the said bridges
now or beyond the period fixed by this
agreement.
Sts,,ff