The evening star and Newark advertiser. [volume] (Newark, N.J.) 1907-1908, 1907-08-09
DELAY ACTION
ON UNUSED
FRANCHISES
Board Of Works Puts Matter
Off a Month and Fender
Question Two Weeks.

When the Beard of Works met yes
terday it was expected that the hear
ing or the unused street car fran
chises would be taken up, as yester-
day was the date for the company to
show cause why the franchises should
not be revoked, but Colonel Edward
w. Hine, representing the Public Serv-
ice Corporation, asked for a postpone
ment of a month $ as 20 allow his
company to prepare data on h mat
ter. He also requested that the hear
ing on tenders for the cars be laid
over for the same time.
The months delay was granted on
the franchises. but the commissioners
could not see their way clear TO lay
the fender question over for that length
of time. and granted a two weeks
postponement. with the understanding
that there would be no further de-
lays In these matters.
Commissioner Eggers was opposed
to delay, and asked what was the mat
ter with the fender suggested by City
Engineer Morris r. Sherrerd. Colonel
Hine answered that the ~sheep-nosed
tenders referred to were no better, In
his estimation, than the tenders used
at present.
I'VE are as much interested in pro-
curing a l%ife-saving fender as youNare,"
declared Colonel Hine, but | do not
know of one fender on the market thai
will answer requirements. II you can
suggest one now we will gladly adopt
Ii and put 1t on every car. put this,
as well as the franchise question. needs
careful attention. TIC handle +he mat
ter intelligently we must AVE time to
study the questions further"
Colonel Hine would not commit him
self as to what stand his company
would take. but said that a number
of the franchises were useless for the
last ten years
II was said some time ago by a
representative of the company that the
revoking of the franchises would not
be opposed by the company, but the
action of Colonel Hine in asking for
the delay shows that the company
means to fight to retain the control of
many of the chief streets of the city.
/. The unused franchises in question
were granted to companies now merged
into the North Jersey Street Railway
Company, some of them dating back
to the Civil War. They gave rights
to lay tracks, as told in the EVEN
ING STAR, and the Board of Works
asked the city law department for an
opinion, with the result that Nester-
day was set for the company 10 show
cause Why the franchises should not
be revoked.
In connection with the proposed revo-
cation a decision of the Supreme Court
on some of the franchises is of inter-
est. F., The court considered an ordi-
mace passed on March IA, 1898, author
izing and empowering the Consolidated
Traction Company to locate in va
rious streets mentioned in the ordi-
pace, most of which come under the
head of the unused franchises. The
ordinance was filed in the office of the
Secretary of state after approval OF
the Board of Works and the Mayor.
In the case of Sherath against New
ark, tried by Justices Dixon and Reed
in June, 1894, this ordinance was de-
clared Illegal and unconstitutional on
the reading Of the first section alone.
The first section provided THAT the
location of the tracks of the CONSOLE
dated Traction Company, either single
or double, as said company from time
to time determine, shall conform unto
the routes mentioned in their petit
ton and filed in the Office of the Sec
rotary of State
In declaring the ordinance Invalid
Justice Reed stated that the ordinance
attempted to authorize the laying of
tracks, single or double, as the COM
pany saw fit, together with turnouts
and switches, which is illegal.
rr,,~thar +ba inGtipaA stated that the
ordinance was not an authorization OF
the laying of tracks for the location
of the tracks had not yet been
a%scertained, and the design of the
statute is thai the municipal board
shall determine the location and place
of tracks, together with switches, etc.
The Justice said thai the was
a mere consent to building a railroad.