The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-05-08
WANTS So YEARS. UNPAID TAX.
MAYOR PAGAN MOVES AGAINST
". j. RAILWAY co.
Inst the Corporation Counsel to Pro.
coed for the Collection OF $40 Year
for Every Car Run Since ls65-Blow
At Public Service Corporation.

Mark NJ. Pagan. Jersey City's Mayor.
who has fought to compel the corporations
to bear what he believes to be a fair burden
of taxation and who has succeeded in several
instances in making them pay increased
taxes, directed Corporation Counsel George
l.. Record yesterday to test the right of
the North Jersey Street Railway Company
as lessee of the Jersey City and Bergen Rail-
road Company to operate it's cars through
the streets Of Jersey City. He instructed
him to bring suit against the trolley COM
panes to collect fee of $40 a year for every
car run on the city lines since 1887 under
an ordinance adopted in 1859, when the
Jersey City and Bergen Railroad Company
obtained its franchise.
He also authorized Mr.. Record to take
such action as he thinks neoe ssary in at
tempting to assess for taxation the privilege
which the Public Service corporations,
including the trolley, gas, electric light.
telegraph and telephone companies. enjoy
in the public streets.
The Mayors term will expire on Dec.
81 next, and he is q candidate for reelection.
He expects that the trolley car company.
s25,OooOoo Public Service Corporation Of
New Jersey, will vigorously oppose the
city's contention that several hundred
thousand dollars should be paid to the city
as license fees for cars for period extend
ing over SO years. The citys lawyers will
delay.
Mr.. Record says that from 1859 to 1857
the city received license fee of $40 year
for every horse car run within the city
limits. The company discontinued paying
the tax in 1857. In the following year a
not have any right to interfere with or OBJ
struct or hinder the company in running
it's cars. and that 1t is possible that the
company construed this law as repeater
Of the $40 car license, He does not consider
his contention sound and believes the city
could collect for the license fees in arrears.
Concerning the claim that the charter
of the Jersey City and Bergen Railroad
Company has expired, Mr.. Record says:
"The Jersey City and Bergen Railroad
Legit lature. passed in 1850. This act pro-
vided that they should construct their tracks
in the streets of jersey City, upon cons ent
of the municipal authorities: The act pro-
vided further that the act should continue
in force for twenty-five years. Upon
in 1884. In 1875 law was passed permitting
all corporations to extend their corporate
existence fol. the term, OF Atty years, by
filing a certificate to that effect with the
Secretary Of State; The Jersey City and
Bergen Railroad Company. In 1879, filed
such certificate extending the corporate
existence of that company for fifty years.
-The company, doubtless, would claim
that its privileges in our streets were thereby
extended for that period OF time. ! am OF
opinion that this claim IL not sound. The
amended Constitution which was adopted
in 1875. forbids the passa &c Of any special
law comforting corporate powers and
law giving this company the privilege Of
running cars in our streets for fifty years
would be such a law"
Permission to bring suit to test the ques-
ton of the right Of the North jersey as
lessee OF the old Jersey City and Bergen
to run cars through Jersey City must be
obtained from the Attorney General OF
the State.
Thomas n. McCaHer, who will be the
president of the new trolley merger. re-
signed as Acknowledgement recently Hs
was succeeded by his brother Robert