The evening star and Newark advertiser. [volume] (Newark, N.J.) 1907-1908, 1907-11-14

your committee understand power Is vested
m the Joint Board Of Freeholders to secure
the necessary amount Of funds for the
carrying out OF this Improvement; that
plans and specifications have been pre-
pared and accepted. and are IN file in the
Court House In Jersey City and with the
clerk of the board, and that an apportion-
ment Of cost has been determined upon
by the courts, the assessment against Es-
sex County to be f~ve-elghths and against
Hudson County three-eighths, but notwith-
standing that all the prellminaries have
has not been commenced.
w understand that an issue has been
raised as to the apportionment of a por-
ton of the cost against the Public Service
Corporation. whose racks occupy a part
Of the highway, and a refusal on the part
of the Public Service Company to assume
any share of the expense.
THE plan of Improvement contemplates
a highway 100 feet in width, which would
necessitate the relocating of the trolley
tracks.
at would appear that the right to lay
tracks over this roadway was granted to
the Street Railway Corporation by the
Plank Road Company at a time SUISSE
quent to the expiration of the charter of
the said company, under the provisions
of a law that was approved March %.
1901, which provided that any Plank
ROAD Company, whose charter has ex-
pred or may expire. and which owns a
RAILWAY operated as a street railway, may
have the power to maintain and operate
"a question OF right has been raised as
TO the legality of this company continuing
TO occup this roadway with its tracks.
Aside from this question of right, which
hns never been determined by the re-
spective Boards of Freeholders, nor, SO
far as we can learn, has counsel of either
board ever been directed to investigate
or report concerning the status of the troll
ley company as to It's rights in this road
way, but we do know that a companion
bill to the one authorizing the Plank Road
HonnnapH IN onnrafa q railway ma cepd and
approved at the same time, distinctly
provides: If any such bridge shall be
used by any street railway company, 1t
shall be lawful for such railway company
to undertake a part of the expense of re-
pairing, rebuilding and building said bridge,
and said board or boards of chosen Free
holders and said street railway company
may enter into an agreement whereby the
share of said expense to be borne by said
street railway company may be ascertained
and settled; ami II no such agreement
shall be made, it shall be lawful for the
board or boards of chosen Freeholders, or
for said street railway mpany, to apply
by petition to the Court of Chancery,
which court is hereby given Jurisdiction
to : the parties In a summary way on
such notice ms such court may prescribe,
and to apportion and determine the part
or proportion of said expense to be borne
and paid by said street railway company.
flaws, of 1901. page 293.)
TT will be noticed that the passage OF
the law referred to was evidently secured
by interested parties, as 1t provides that
1t shall be lawful for such company to IN
not provide that that they shall. except
upon application to the Court OF Cnancery
to determine.
at would appear to your committee that
the Boards Of Freeholders nave not mani
tested due regard to the public interests
in neglecting to have action taken to Sc
cure a decision by the Court OF Chancery
in order to permit this work Oh improve
r,a,,f hatpc- oarriad ont
"The business community became tired OF
toll inpositions years ago., and II TOOK zen
or more wears OF strenuous agltatlon hHu
work on the pert of committees or TINS
Board of Trade and a fight In the courts,
involving q large expenditure OF money, 10
have the charter of the Plank Road Com
panv nulllfied.
ests of this city and vicinity have and are
suffering great inconvenience n unnec-
essary expense in the hauling Of their
merchandise to and from New YORK
through official neglect, and that some
thing more than mere agitation or re-
s~pectful requests is necessary. now II we
exnect to have this work carried out.
"Your committee would therefore submit
and recommend the adoption of the fol-
lowing
ment Of the Plank road is demanded by
the wants of the present and an increas-
ing commerce.. and +.
"Resolved, That the Board of Trade Of
the city OF newark requeSt tnS poaiu -.
directors to take such action which VII
compel the immediate carrying out OF an
economical, safe and permanent improve
ment of this important highway.
1--WE respectfully submit the foregoing
n ask for it's adoption.
AMI OWEN,
JOSEPH H. WOOD.
EDWARD G. KEMPF,
e. C. STREMPEL,
GEORGE A. DFRMANN,
GEORGE VIRTUE,
ANTON STETNFS.
C. AUGUST GIFSE,
G. WTLFRFD PFARCE,
JAMES w. HOWARD,
Chairman"