The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1902-11-24
ESSEX TAKES
A HAND
Another Attack on County
Park Act Made in Chan
Gerry Today.
RULE TO SHOW CAUSE GRANTED
Forest Hill Property in Dis
pute-vice Chancellor
Points Out Cases
Bearing on Dis
pute.
RULE TO SHOW CAUSE GRANTED

Another attack. this time from Essex
County, was made on the County Park
act before Vice Chancellor Stevenson
this morning when Newark lawyer
asked for rule to show cause why the
Essex County Park Commissioners
shouldn't be restrained from interfering
in the proprietary rights of r. Arthur
Heller and his wife, Adele Heller, whose
property is on the verge of the Branch
Brook Park.
The very question raised by the recent
mandamus proceedings instituted by the
Board of Trade and Jacob Diehl, name
ly, the constitutionality of the act and
the delegation of powers to the Judiciary
claimed to belong to the executive, came
up and the Vice Chancellor said, in
granting the order, that counsel should
consult an opinion of Chief Justice Beas-
ley in the case of Bogart VS. the city of
Elizabeth directly bearing on the act.
In asking for the order Lawyer Heller,
who was counsel as well as complainant,
said that he had filed a bill to acquire
title of property bought by him and his
wife from the Forest Hill Association ON
January 1, with whom he made con-
tract He had hired an architect, he
said, who drew plans for a building
which he proposed to erect on the edge
of the park in Essex County, when one
fine day he was served with a notice
from the Essex County Park Commits
sioners that they were about to condemn
his land. He objected, but his damages
were assessed and he applied for a writ
of certiorari. The court, he said, refused
to grant the writ Thereafter, said Mr..
Heller, .he was rendered the amount of
the award fixed by the Commission to
sthe Forest n III Associate
'.Wily to them?' asked the Yice-Chan-
cellor.
Because they are the grantors of the
complainants,' replied the lawyer, who
added that the Forest Hill Association
had also applied for writ of certiorari
reviewing the work of the Park Com
mission
SAID ACT WAS DEFECTIVE.
''On what grounds was it made?" in
terrupted the Court.
Mainly on these grounds: Defects in
the act creating the commission. We
contended that it is unconstitutional and
is an executive act delegating''--
"That's the very point" said the Vice
Chancellor" / recall that in case be-
for the late Chief Justice Beasley that
point came up of delegating to the judi
ciary powers not within their authority
as defined by the constitution. Then
there was the case of Cleveland VS.. Jer-
sey City and the Dover Excise cases on
practically the same point. Now, why
did the Court in the case of the writ of
certiorari for the Forest Hill Association
deny the writ?'
The lawyer replied that Chief Justice
Hill Association had sold its property
to the Essex County Park Association
and accepted the money twas estopped
and virtually by accepting the sale money
recognized the power Of the Commits
sion. Continuing the complainant went
on to say that the Park Commission had
completed its title to- the property, had
issued maps, including on the parcel OBJ
tanned from the Forest Hill Park Asso-
cldIlOH the prot OWueu Dy IHo COInplaln-
ant and his wife.
PARK OFFICERS THREATENED.
''The complainants, said the lawyer,
chad their property graded and filled in
and the work was in full operation when
the officers of the park association ap-
peared and threatened the workmen with
arrest if they proceeded with the build
ing'''
But they didn't enter on your land"
interrupted Counsel E. H. Sommers, with
whom was associated Counselor G.
Frank Kireker, for the park authorities
What else did they do?" asked the
Vice Chancellor.
Included our property on their map
and have done every thing to complete
their title and threatened our men with
arrest. We therefore ask for perinis-
sion to file a bill to acquire title and
restraining order preventing the Essex
County Park Commissioners from inter-
fering with our rights to do what we
please with our property
You may take your order, but counsel