The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1902-06-13
ROAD CASE
Vice Chancellor Stevenson.
Leaves the Suit to De-
termine Counties
Proportion.
ESSEX PUTS IN HER CASE
Newark Plank Road and
North Jersey Companies
Made Parties to the
Suit Trafl5 Figures

Vice Chancellor Eugene Stevenson sit
ting in Chancery Chambers here this
morning had before him what is known
as the Newark Plank Road case .
Suit begun by Essex County to have the
Court Of Chancery determine what pro-
portions of the cost Of maintaining and
operating the Plank Road Shall he borne
by the Boards rof Chosen Freeholders OF
Essex and Hudson counties
This proceeding was brought under
the Bachelor act passed at the last ses-
sion of the Legislature, which gave au-
thority to the Court OF Chaneery TO settle
the proportion Of cost OF requirement and
maintenance to be borne by the two
counties and the North Jersey Street
Railway Company The whole question
hinges upon the bulk Of the cost, as de-
termined by the relative amount of tsaffic
used by Hudson or Essex business men
When the case was called there were
present County Counsel Joseph L, Mum,
representing Essex; County Counsel of
Hudson John Grifin, Lawyers James B..
vredenburgh and Spencer Weart, repre-
senting the North Jersey Street Railway
Company and Newark Plank Road Com
pany ITO look on These latter corpora
tions are practically not party to this
phase of the suit, although of course in-
terested in the main question of cost of
the road There were also present Direc-
tor Thomas MCGOWAN of the Essex Board
Of Freeholders, and Essex's County Engi-
neer, James Owen, with several clerks
from his Office.
Vice Chancellor Stevenson opened the
proceedings by calling for copy of the
Bacheller act, which he carefully perused,
adding that Essex County having made
the petition 1t was therefore the moving
party. Whereupon Mr.. Joseph L. Mum
rose and proceeded to read the petition
presented by Essex to Chancellor Magic,
the contents OF which have already been
published In THE News Itsset out the
lease Of the Consolidated Traction Com
pany for the road from the Newark Plank
Road Company, and the subsequent lease
of the road from the Traction Company
TO the North Jersey Street Railway Com
pany. The reading of the several agree
ments occupied considerable time.
When Mr.. Mum finished, the Vice
Chancellor asked:-
why wasn't hte North Jersey Street
Railway Company made party to these
proceedings?"
.The business Of the Plank Road is
practically carried on by that company
and we served them with the order, re-
piled Mr.. Mum.
do you. then. Mr.. vredenburgh and
Mr. weart. appear for the North Jersey
street Railway Company and Newark
Plank Road Company and accept service
and appear as parties here2s asked the
Court, turning to these iowyers. They
rose and bowed.
Then" said the Court to the steno-
grapher, enter that on the record.
want to know where we stand because
we might have to go into the ownership
OF the property"
County Counsel John Griffin Of Hudson
interposed here by pointing out that by
the terms of the Bachelor act the coun-
ties must first acquire the road by pur-
chase and afterwards apportion. the cost.
Therefore, he contended, the Court had
no power to order the apportioHment un-
less the counties couldn't agree.
1T seems to me- replied the Vice
Chancellor, that Il is very important to
| first ascertain the apportionment before
the acquisition of the road in: question.
I'll hear counsel on that point
| Mr. Mum went into the history of the
Plank Road. which, he said, was a COM
paratively short distance less than four
miles. He described its location and what
| parts were in Hudson and Essex coun-
| ties. The Passaic River. he said, was the
| dividing line Then between that river
| and the Hackensack bridge there was a
| little less than a mile of road. and, cross
Of the Plank Road in Jersey City lead
ing to paved street. fWest Side ave.
/ nue.) From paved street in Newark te
a paved street in Jersey City the dis
tance was over three miles and laid ir
these three jurisdictions Newark Kearns
| Township and Jersey city. BY decision
i of the Court of Errors, continued Mr.
Mum. it was clear to Essex that the
| ownership Of the highway to the Passait
River devolved on the, City Of Newark
| the strip between the two rivers devolvet
on the Township of Kearny and that par
of fhe road TO the east af the Hacl<n11sa ri