Perth Amboy evening news. [volume] (Perth Amboy, N.J.) 1903-1959, 1906-12-18
Attorney Submits
a Protest for
Petitioners.
UP TO CITY ATTORNEY.

lie DIODOotu vi d lCdot
to the Perth Amboy and Staten ISL
and Ferry Company for the foot of
Fayette street by the Board of AL
dermen was halted last night when a
protest was received from Lawyer
James s. Wight.
In order to get set right on the le-
gal questions involved the aldermen
decided in a recess to adjourn the
matter until Wednesday night, De-
cember 26, when they will hold a
meeting They will submit the ques-
tions to City Attorney Hommann at
a meeting Friday night of this week
as committee of the whole.
When City Attorney Hommann
was asked for the NEWS this morn
ing about the legal points raised by
Mr.. Wight, he said that there is no
law whereby the councils can grant
the company the lease, and that leg
isative action would be necessary TO
be strictly correct.
Mr.. Wight's communication, which
is reproduced below, states that it
would not be legal to grant the lease
in the manner followed thus far, and
urging the aldermen to hesitate be-
fore granting the lease. The COM
munication claimed that proper no.
tice, as required by law, had not been
given in the public press, or in pub
lie places, and that it could not be
granted anyway for more than twenty
years. The letter called on the al
dermen to obey their oaths of Office
and not to go against the law nor
act contrary to the public good. The
letter further said it seems impossi-
BILE that the senator-elect of Middle
sex county or the aldermen, hereto
fore conservative, would think of
going against the law
When the ferry matter was taken
up, Alderman n-at-Large Pfeiffer said
that anyone present might speak.
City Clerk MacWilliam read the lease.
The Terms of the Lease.
This provides for the lease of
the foot of Fayette street for twenty
five years for 500 yearly for the
first ten years, and $500 annually
the next fifteen years, and that 1t
must not interfere with the Fayette
street sewer Also that the company
should not sell or assign its lease
without the city's consent; that boats
must be operated at least once an
hour from $50 a. m. until midnight,
to commence within two years.
Lengthy Recess Taken.
The hearing was again opened by
the aldermen-at-large. None spoke
and recess was declared to give the
council time to consider the matter,
including Lawyer Wight's protest.
During the recess Lawyers Silzer
and Wight were in conference with
the councilmen.
Adrian Lyon, counsel for the Stat
en- Island railroad; j. S. Wight, coun-
sci for opponents of a lease at Fay
cite street; George S. Silzer, coun-
sci for the new ferry company, and
one of the officials of the concern
were present in the large audience.
MIR. Wiglit's Communication. .-
Perth Amboy, N. j., Dec. II, 1906.
TO the Honorable,
The Council of the City of Perth
Amboy, Middlesex County, N. j.
Gentlemen:
1.-THE evening was so FAR spent
when Senator Silzer, on behalf of the
applicants for the use of the foot of
Fayette street in this city, concluded
his argument, Friday evening, De-
cember 7, instant that | refrained
from then further trespassing upon
your patience. | think 1t but just,
however, on behalf of the petitioners
represent, to call your attention as
urgently as possible to the following,
that you may hesitate before consum-
mating the acts which the local press
report as your Intention.
'.It makes no difference what word
may be used to designate the object
of the petition of the new ferry COM
pany, whether it be franchise,
lease or other word, the real object
of the petitioner is to obtain the use
and occupation of the foot of Fayette
street. Ii the privilege he seeks is
not the use of a public place, there is
no reason why he should ask the con-
sent of your honorable body for some
authority to occupy the same. Sen
ator Silzer evaded that question and
did not even attempt to excuse his
position, much less to point out any
law which empowers you to deliver
to the company he represents the use
sof any public place. If there is in
existence upon the statute books of
this state such a law tand we will
give him the benefit of having an i'm
preston that there is) it must have
been passed very recently 1t must
have been the act of 1906 the honor
able senator had in mind when he
filed his petition, otherwise he would
SO far demean himself as to admit
that he is asking this honorable coun-
Gil to do something without legal
authority and contrary to law.
The law of 1906 to which refer
ence is made is found in chapter 36
of the laws of this year and Is entit-
led, An act regulating the granting
by municipalities of consent to the
use of streets, avenues, parks, park
ts'ppfinnea IN Pn<e z.