The evening star and Newark advertiser. [volume] (Newark, N.J.) 1907-1908, 1907-09-20
FIGHT WITH
P.S. ABOUT
FRANCHISES
Corporation Wants to Keep
Unused Privileges and Will
Contest Right to ReScind.

The Board of Works will AVE a big
legal fight with the Public Service
Corporation if the members of the
board carry through their plan to
rescind trolley franchises for all streets
in Newark where tracks have no been
laid and cars operated. L. D. Howard
Gilmour, of counsel for Public Service,
said at the session of the board yester-
day afternoon that it was not intended
to use any of the streets at present,
and that if the board attempts to
rescind the franchises his corporation
would fight to prevent the r~escinding
This declaration was made by Mr..
Gilmour after President Denman had
explained to him that a motion was
passed at a former meeting of the
board to give the Public Service Cor
poration an opportunity to say why an
ordinance should not be passed re-
scinding "all unused trolley franchises
in streets"
Believing that the board knew what
it was doing when it gave permission
to lay tracks in certain streets, Mr..
Gilmour said, the trolley companies
contend that the board cannot take
those rights away because the COM
panies nave not used the streets, for
there was no limitation in the ordi-
nance granting the franchises as to
when the streets must be utilized.
There was no time fixed when he city
could require the companies to use the
streets. We have no intention to use
them at present, and if the board at
tempts to rescind the franchise it is up
to us to try and prevent such action"
Commissioner Lambert. who is a
lawyer, said ne was confident the board
a power to rescind any franchises it
had granted for streets, if the latter
were not used for the purposes speci-
fled in the franchises, and as the omni-
bus ordinance in which the permits
sions We're given was unconstitutional
the trolley companies had no legal
rights. Mr.. Lambert said he did not
believe any court would agree with
Mr.. Gilmour's contention that fran
chises could not be rescinded for nom
use of them. Therefore he moved that
the city counsel prepare an lima
resembling all franchises granted to
trolley companies for streets in which
no cars have been operated, and the
Public Service be notified of that ac-
ton. The motion was carried.
Mr.. Lambert asked if there was any
thing new about trolley car enders;
whether a more perfect fender than the
kinds now used on cars in Newark had
been found. Chief Engineer Sherrerd
said the only thing new he had was an
ordinance adopted in Los Angeles, Cal,
requiring the use of a fender that was
flexible, so that when a person fell
into it he or she would not be badly
hurt.
II. L---l zt,x.,11 q oIrA 1aof6nd oo-
ton without more delay On this ques-
ton of. fenders,'' said Mr.. Lambert,
"for winter is coming. when accidents
win be more frequent because of slip
perry streets. We should find the safest
kind of fender and pass an ordinance
requiring the companies TO use a uni
form fender on all the cars, not any
kind, as at present. II we do not act
the Public Service will not"
Engineer Sherrerd said the Public
Service has a fender on the new cars
which he considered worked well, and
he suggested that the members of the
board observe its operation some day.
THAT fender is too heavy and hard,
said Mr.. Lambert, and If any mar fell
on it he would be badly injured or
killed. Instead of a saver of life that
fender would be called a killer"
Engineer Sherrerd remarked that the
fender might be improved by adding
rubber springs on it, and Mr.. Eggers
said he feared that the fender was not
entirely safe. Mr.. Lambert then
moved, in order that something be done
by the board, that Mr.. Sherrerd investi-
gate and report to the board two weeks
from yesterday the best style of fender
he finds.
II second the notion" Mr.. Eggers
said, 'for If this board does not act
Public Service never will give the peo-
pie the best fender"
Engineer Sherrerd suggested that he
be given three weeks, and the motion
was amended to read three weeks and
was adopted.
A committee of property owners
asked that the trolley tracks on Bergen
street be extended to Tenn avenue
before the street is paved, and the