The Jersey City news., 1903-11-11

The Committee on Public Buildings,
Docks and Parks reported on claims of
Frank McDermott 500, John Hart,
S5S.43;;- William Ahearn, 5000, Benjamin
NJ Gerardin, S25 as correct.
The reports were accepted.
The Committee on Laws and Ordin-
ances reported on claims of The Jersey
City News. $3.50, The Evening Journal
association $500 as correct.
The reports were accepted.
REPORT OF SPECIAL COMMITTEE
IN THIRTEENTH STREET CASE.
Jersey City, October 27, 1903.
80 the Board of Street and Water
Commissioners
Gentlemen: Your Committee, to
whom was referred the investigation Of
the manner in which the city's side Of
the Thirteenth street case has been sub
mitted to the Court Of Errors and Ap-
peals report that an examination of the
records of that Court discloses that the
interests of the city have been almost
wholly neglected, while the interests of
the Delaware, Lackawanna and West
ern Railroad Company have been most
carefully guarded. As to the specific
propositions submitted for investigation,
We report as follows
First: The maps used in the argu-
ment before the Court of Chancery have
not been presented to the Court of Err
rors and Appeals. After public atten-
tion was called to this singular fact, a
lot of blue prints were fled with the
Clerk of the Court, but we are informed
shat even these papers were fled long
after the time allowed for the submission
of papers under the rules of the Court
aad expired. Even if the Court should
lecelve these blue prints they are, inn
the the absence of oral explanation,
practically worthless.
Second: Although the case is before
the Court of Errors and Appeals, on ap-
peal from an opinion of the Court of
Chancery, not word of opposition to
that opinion has been spoken or submit
ted in writing on behalf of the city.
Your committee is informed that this is
the only case in the history of our high
est Court in which an appeal has been
taken from the finding Of the Court of
Chancery and the case submitted on be-
half of the APPELLANT without an argument
against the reasoning of the decision ap-
pealed from.
Third, On behalf of the Delaware,
Lackawanna and Western Railroad
Company, and its lessor, the Morris and
Essex Railroad Company, very long
brief, covering over one hundred closely
printed pages, was submitted by counsel
for those Companies. If the argument
in this brief is sound, your committee is
informed that it applies to every street
found within the description of any deed
given by the Riparian Commissioners of
lands on the water front of Jersey City.
Under the rules of the Court, the City,
being the APPELLANT, had the right to open
and close the case The opening was
made by submitting, without comment
or addition, the. notes which Mr. Me-
Dermott used in his argument in the
Court Of Chancery. We are informed
that these notes cover but portion of
that argument. Of this fact the Law
Department must have been we'll aware,
for Mr. McDermott's offer of the book
for use by the city contains the follow
ing statement.
In the argument of the Thirteenth street
case used a printed brief covering
seventy--five pages. It was, of course,
prepared for reference in the course Of
an oral argument, and therefore does not
adequately present the city's case. The
preparation and printing Of this book
were paid for by the city, and while the
Mayor has effected the object Of those
who sought his aid to prevent my further
appearance in the water front cases, /
consider that book to be the property of
the city, and believe that it will at least
serve the purpose Of suggestion to have
1t presented to the Court Of Errors and
Appeals
Mr.. McDermott's offer was accepted
by your Board. and the Corporation
Counsel was requested to present the
brief ION the argument Of the case in
the Court of Errors and Appeals. As
an impression is sought to be created
that the manner in which this case. has
been submitted to the Court of Errors
and ppeah is in pursuance of a resolu-
tion BIZ yoiir Board; your committee pre-