The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1904-10-08
M'DERMOTT'S
TRIUMPH
Gity's Legal Advisers Ac-
knowledge Their Inabili-
ty to Argue the
Thirteenth St.
Appeal.
GILL on THE MAN THEY IHsULYED
In Spite of the Rejection OF
His Former Offers, Mr..
McDermott Consents
to Help Pagan Out
of Hole.
CELL ON THE MAN THEY IHSULTED


Corporation Counsel George L. Rec
ord has filed with the Court of Errors
and Appeals a petition for reargument
Of the Thirteenth street case, which was
decided adversely to the city at the last
term of court. Allan L.. McDermott
has been asked by the Mayor on the
advice of the Corporation Counsel, to
argue the case again in case the court
grants the petition, and he has agreed to
do 50. Mr. McDermott's letter in reply
to the Mayors request reads as follows:
Jersey City, Sept. 27, 1904
@Hon. Mark NJ Pagan. Mayor of Jersey
City
Dear Sir-Answering your favor of
the 2eth inst, | have decided to comply
with your request to argue the Thir-
teenth street case for Jersey City. if
Mr.. Record obtains a rule for reargu-
ment. In the Court of Chancery the
case was decided upon the precedent of
the case of the City of Elizabeth vs.
Central Railroad Company. which case
was decided in the Supreme Court by
Chief Justice Beasley and Justices
Dixon and Garrison. In the decision of
the Thirteenth street case. Justices
Dixon and Garrison voted to reverse the
decree of the Court Of Chancery. In this
they were joined by Judge vredenburgh.
Seven judges voted to affirm. Five
judges did not vote. The result is 50
unsatisfactory that take tito be my
duty to waive all personal feeling that
disinclines me to re-enter the case.
Respectfully,
ALLAN L. MeDERM0TT."
Following is the petition
The Mayor and Aldermen of Jersey
.Cssy. appellant VS.. the Morris & Essex
Railroad Company, respondents.
Petition for re4argument.
To the Court Of Errors and Appeals in
fife last Resort IN All Causes
On behalf of Jersey City. the plaintiff
in el1ur in the above entitled cause, |
respectfully apply to the Court for re-
argument of this cause.
This cause was argued IN Chancery on
behalf of Jersey City by AHan L. Nc
meet. the Corporation of Jersey City.
When l succeeded him as Corporation
rt....z1 4l,.-4 - ~, l.a5 ,,a+ ,.oachod +hic
count on appeal i applied. on behalf Of
the city to Mr.. McDermott. requesting.
him to argue the case in this court, be-
Iieving that his familiarity with the case
would enable him to make better pre-
sentation Of the argument than ! could
hope to do.
At the June term, 1903. the services OF
Mr. McDermott could not be obtained,
and as, because of the position of the
cause on the list, oral argument could not
be had, / decided to submit it on briefs,
and the case was decided without oral
argument
On behalf of the city the case was
submitted ON the brief used by Mr..
AIcDermott in the Court of Chancery,
which was not supplemented by any ar
gument upon the findings Of that Court.
The dedication Of Thirteenth street, in
clnding the locus in quo. was made by
& nllps. and the acceptance of that dedica-
tion included maps made BY the city. The
s'blue prints of these maps presented by
the respondents may have misled mem-
bars Of the court and further considera-
tion has convinced me that the court
would be greatly aided by the presenta-
tion and explanation of the original
MAPS.
Mr. AioDcrmott is now 4 liberty tc
appear for the city. and has been retain
ed for that purpose, if this petition shall
t. granted.
This case is one of very great import
conls. seven vEiEg or ailirmance &c tie
Viee-C Chancellor decision and three vot-
ing against the same. If reargument
Is granted and the case should be argued
before the members of the court who sat
before. and before the remaining Judges
who are en'sstled to SIT even if adj the
Judges who concurred in the majoTity
should after re-argument. continue of
the same opinion. it would still be possg-
v bic, BIZ d vote Of the dissenting Judges
\ ana the vote of the remaining members
/ Of the court, for decision to be rendered
81 favor Of the city
I, therefore, respectfully petition that
ui order be entered in this cause, direct
ing the rezargument of the same.
la4.@a. a.,1s ". IL .s,,43xt., s,t+sx7