The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1906-05-31
Hudson River Company Gets
An Injunction Restraining
the Hoboken Police
CHARLES H. CORBIN'S PLEA
SENATOR JAMES f. MINTURN AP-
PEARS FOR THE CITY, BUT
THE vICE-CHANCELLOR DE-
CLINEs TO SOLVE MUNICIPAL
OWNERSHIP PPROBLEMs
Especial to .The Jersey city News. y

Special to s'The Jersey City News''l
NEWARK, May 81, 6.--Vice- Chan
cellor Pitney on Tuesday afternoon
granted an order upon the application of
of the Hoboken and Manhattan Railroad
Company, better known as the Hudson
River or McAdoo Tunnel Company. re-
straining the City Of Hoboken from in
terfering with the. railroad companys
employees while at work on Ferry street,
east Of Hudson street. Two weeks ago
work at this place. was stopped by the
Hoboken police, but by yesterdays order
the men can return to work without any
interference by the bluecoats.
Collins & Corbin appeared for the rail
road, Charles H. Corbin making the ar
gument. He contended that the railroad
owned the property where the operations
were by virtue by a direct grant from
the State Riparian Commission. The
land had some time been under water,
but had been filled in and surrounded by
fence for at least twenty years. He
said there was no evidence of any street
having ever been dedicated there, but
that Ferry street ended at the property
He also asserted that the company had
the right to use the surface of the street
as far as necessary in Strengthening the
foundation of the supports of the ele-
waited railroad at this point, this being
what the men were doing when the spo-
lice interfered. Ultimately the street
would be tunnelled, but this, he said, the
city could not interfere with.
To support his claim Mr.. Corbin quot
ed what is commonly known as the
Fourteenth Street Case" Morris and
Essex Railroad VS.. Jersey City. This is
one of Vice-Chancellor Pitney's own
opinions, and yesterdays decision was
made in accordance with it. in Jersey
City," said Mr.. Corbin, ''the railroad is
tearing UP miles where we are only TAX
ing up rods in Hoboken, and the city's
legal department told them to go ahead
that the city had no right to interfere. y
Senator James f. MintuFn appeared
for Hoboken. He argued that the Ri
parian Commission had no right to give
the railroad the land, holding that its
title had been vested in the Hobokeu
Land and Improvement Company away
back in the SOS by an act of the Legis-
lature and that later Legislatures could
not interfere with it. Hoboken, he said
did not object to the railroad going under
the street, but it did oppose the tunne
company interfering with this land.
It was a public highway, he continued
and afforded the city a means to reach
the water front.
What good would that do the pub
lic?" asked the Vice-Chancellor.
why, it's public highway and the
public could come down to the water
edge to go across to New York.
"oh, that's nonsense rejoined the
| Vice Chancellor. Everybody would have
| to take boat with him, go down to the
water, drop it in and row across. There's
no ferry there
eyes, said Mr. Minturn, 'but the
city could build ferry"
81 will have nothing to do with solv-
ing municipal ownership problems here, =
said the vice-C Chancellor.
s'But New York owns its own water
front and it is a source of great revenue
to the city,
"That has nothing to do with this
question, Mr.. Minturn. Go on with your
argument"
"The complainant" said the Vice
Chancellor in an oral opinion, is not IN
possession of any street used in Hobo
ken. The complainant has a right to
build tunnel under a street, and that
right includes the right to use the sur
face as far as it is necessary, and if the
street.is in active use it would have the
right to build 50 far as it would mot OBJ
struct public travel. The object now is
to put in something to support something
that is there now. What right has Hobo
ken to interfere with the railroad or its
police come and stop it? The work will
| not interfere with the street and there is
not the least ground why the railroad
should be held up. I, therefore, grant
the injunction asked for by the railroad
company
Scrofula is bad thing to inherit OF
acquire, but there is this about it,
\ Hoods Sarsa Dalsilia complefAly cures