Perth Amboy evening news., 1906-12-18
OF FERRY
LEASE POSTPONED
Continued from Page

ways and other public places
Section one of said act provides
that q quote from the section) Here
after, where by law sthe consent 81
any municipality of this state is re
CURED for the use of any street, ave
nue., park, parkway, highway or othel
public place, either above, below, OF
on the surface thereof. such consen'
shall not be granted by such NUM-
cipality except as hereinafter pro
vided.'
The said act provides that a peti,
ton shall be filed with the clerk OF
the municipality, ~whereupon the same
shall not be considered by the board
until public notice shall be given by
publication in one or more news
papers published and circulating in
the municipality. TO be designated by
the board. These publications shall
be once a week for at least two weeks
and by posting said notices in five of
the most public places in said munich
pality at least fourteen days before
the meeting of the said board at
which the said application shall be
considered. Upon the date fixed by
said notice or upon such subsequent
date as the hearing of said petition
may be adjourned, the board may by
ordinance and not otherwise, grant
for a period not exceeding twenty
years the right to use the public place
petitioned for.
eff the proceedings in this case
had been taken as directed by the
statute, there might be some color
of authority in you to grant the pray
err of the petitioners for the use of
the foot of Fayette street. If such
proceedings as the statute enjoins are
not taken there certainly is not the
color of such authority.
'The charter of the City of Perth
Amboy ~enjoins upon this council the
duty to secure in every respect to the
public and the adjoining owners the
safe and convenient use of all streets,
sidewalks and public places, for the
purpose for which they may be laid
out or dedicated in said city. Have
the adjoining owners been consulted
In this matter and have their rights
been considered and protected? Each
member of this honorable council has
taken and subscribed the oath of
Office to faithfully, fairly and impair
TALLY execute the duties of his Office
according to the best of his knowl-
edge, skill and ability. Amongst
other duties of that honorable Office
is that of seeing that the laws of the
state and the ordinances of the city
are not violated. To so enforce the
law that no one shall be deprived of
his property rights without due pro-
cess of law.
''The law of this state bearing upon
the question of the power vested in
this council to abridge or discharge
the right of the public in the use of
a public place, as you are asked to do
in this case, is clearly and concisely
stated by the honorable chief justice
of this state in the case of Palen and
, Others VS.. Ocean City, to be found in
volume SO of the Atlantic Reporter
at page 947, in a decision announced
January 26, of this year. In this case
was raised the question of the power
of the municipal authorities of Ocean
City.to abandon a public wharf, which
is a public place. His words are:
"'No power is vested in the mum
icipal authorities to discharge the
public right; the easement is vested
in the public, and the local authori-
ties, as the representatives of the
l PhpAiNE 4 AlOlIOo Will POnCl " w
all acts necessary for the protection
of the public right; but the legisla-
ture alone has the power 20 release
the dedicated land, and discharge the
public servitude, when it has once
attached. No such power exists in a
municipality, unless it has been dele
gated to it by legislative enactment.
This is the law of the state as de-
| pInrpd hv fhn hin1nct s,l;atoI o,tI@,
ity in the state, and If you act con-
trary thereto, your oath of office is
violated.
THE case of Palen VS.. Ocean City
was argued in 1904 and declared the
law as 1t existed at that time. If in
the act of 1906 you or Senator Silzer
think you can discover some color of
authority in you to grant the prayer
OF the petitioners, you should then
proceed as that act directs.
1T seems impossible to conceive
that the senator-elect of this great
county would, on the threshold of his
senatorial career, urge you to do a
thlng which is palpably contrary to
law, or that you would be so far de-
tuded by the argument that if you are
giving something you have no power
10 give, you are giving nothing, so
that you will grant the prayer of the
petitioners. 1t seems impossible to
conceive that any member of this
council would deliberately act con-
trary to sound legal advice and so
vote as to violate his oath of office.
1t is impossible to conceive that this
council could be deluded into placing
in the hands of so powerful and
wealthy a corporation as Senator Sill
ger represents this ferry company to
be, the power to trample upon the
property rights of adjoining owners
and to compel them to settle or fight.
1t is impossible to conceive that this
council, heretofore so respected for
its conservation of public and private
rights, would, contrary TO law, grant
TO a private corporation public rights
and make the city liable to be mulct-
ed IN a large bill of costs, should any
citizen see fit to test your illegal pro-
ceeding in the courts of this state"
Very respectfully,
JAMES S. WIGHT,
Atty. for Petitioners.