The Morris County chronicle. [volume] (Morristown, N.J.) 1877-1915, 1903-03-13
DECISION OF
IMPORTANCE
Court Of Errors and Appeals
ReverSeS the Court
Of Chancery.
LIN CASE OF LOCAL INTEREST

! 0@AA~ =
The Borough of Madison and The
Morristown Gas Light Company have,
for several years, been at odds over the
question of the Company's rights in
respect to laying gas pipes within the
Borough limits. The Borough of Mad
ison established an electric light plant
several years ago and not only provides
its own street-lighting but also fur
nisheS electric light for private CON
sumption, and naturally the municipal
authorities do not think well of having
competitor in the lighting business.
At the request of two of the residents
of Madison, the Borough authorities
did consent that they should have the
privilege Of laying gas mains in Madi-
son avenue to their residences, con-
Meeting with the Morristown Gas Light
Company, and in December, 1901, the
Gas Company, having come under the
control OF new set of officers, deter
mined to go through Madison and
Chatham and connect with the mains
Of the Consolidated Gas Company at
Summit and, with force Of men, COM
menced digging the trenches and lay
| ing the mains in Madison avenue OPP
posite the residence of d. Willis James.
The Borough authorities employed
| Counsellor Charles A. Rathbun to
commence proceedings in the Court OF
Chancery to restrain the Gas Compa-
ny. He presented the papers to
Vice-Chancellor Stevens, who granted
rule to show cause why an injunction
should not issue. Former Judge Cut
Ter, of this city, and Senator Joseph
Cross, of Elizabeth, filed an answer in
behalf of the Gas Company setting up
that under the charter of the Gas Com
pany they had the right to go into
Madison without the consent of the
Borough authorities, and even though
their charter did not grant them this
privilege, yet because the Board Of
FreeholderS of Morris County had
granted the privilege, they could not be
denied the right by the Borough au-
thorities. The Vice-Chancellor filed
an opinion sustaining the claims of the
Gas Company and denying the petition
of the Borough for an Injunction
ThereupOn the case was carried to the
Court of Errors and Appeals where it
was argued at the November Term,
and the Court of Errors and Appeals
has just rendered an opinion reversing
the Court of Chancery and holding
that the charter of the Gas Company
only permits it to lay its mains in the
Town of Morristown and in the imme-
date vicinity thereof.
While the Court does not pass upon
the question of the powers of the Free
holders over the roads under the Coun-
ty Road Act, such as Madison avenue
and Main street in Madison, yet the
silence of the Court on this subject
seems to indicate that the Court does
not consider the Freeholders have any
such powers as they have heretofore
considered they possessed. But this
view would not in anywise relate to
their powers over the roads commonly
known as the State Aid Roads, because
there the statute is much more eX-
plicit.
All parties had hoped that the Court
would express some opinion in refer
ence to the powers over the county
roads. The injunction just granted
effectually blocks the Gas Company
from reaching the gas mains at Sum-
nit, but it is understood that the Com
pany will now apply to the municipal
authorities of Madison for permission
to go through the Borough. 1t is quite
safe to say that if permission be grant
ed it will be hedged about so as to fully
protect the interests of the Borough.
Many of the residents of Madison are
DESTROYS of having gas, but they are
unwilling to let the Company enter the
Borough without reasonable restric-
| tions.
The opinion of the Court was deliy-
cred by Fort, j.
1.-THE bill in this case is filed by tt e
Borough of Madison to enjoin the de-
PENDANT company and its agents from
digging trenches and the like in Mad
ison avenue in said Borough.
"The Morristown Gas Light Compa-
ny was incorporated by special act of
the Legislature, approved February 10,
1855, p l.. 1866, p. IA. By the first sec
ton of the act, it is provided that the
company shall have power and at
thority to manufacture, make and sell
Fgas, for the purpose of light
ing the streets, buildings manufactC-
ries, and other places, situated in Nor
ristown and its vicinity, and to enter
| into and execute contracts, agreement
or covenants in relation to the object
of the corporation The second Sec
tion enacts that the corporation shall
be empowered to lay down their gas
pipes, and to erect gas posts, burners,
and retlectors in the streets, alleys,
lanes, avenues and public grounds q
Morristown and its vicinity, and the
dwellings, stores and other places sit
ated therein.
"The Borough Of Madison was in
corporated in 1889, under the Borough
Act of 1878, and is now governed b.
the general Borough Act, approved
April "a, 1897, p. l.. 1897, p. 285, sec. SO.
BY section 2S of the Borough Act OF
1897, boroughs are given power to pre-
scribe the manner in which corpora
tions or individuals shall exercise any
privilege granted to them in the use
of any street, road or highway or in
4 digging up the same for any purpose
whatever, and further to provide for
the sewerage or drainage OF the Dor
4 ough and for the laying of pipe for the