The evening star and Newark advertiser. [volume] (Newark, N.J.) 1907-1908, 1908-01-10
OPERATION OF
PLANK ROAD
TROLLEY
Contract of 1902 Gives Pub.
lie Service Right to
TrackeS on Bridges.

In an elaborate opinion submitted by
County Counsel Elvin w. Crane to the
Board of Freeho,ders at its session
last night on the right Of the Public
Service Corporation to maintain n
operate its railroad over the Plank
Road, that official decided that the
right of the company to do so was
fixed by the agreement of October 6,
1902. The board directed that the whole
opinion, which covered more tina a
dozen typewriter pages and delved
deeply into %precedents and local street
railway history, be spread upon the
minutes. The opinion was not dis
cussed. Its salient features follow:
"Ihe Plank road was constructed by the
Newark Plank Road and Ferry Company,
Incorporated February "a, 1S49, its title
being changed by law in 1859 to
the Newark Plank Road Company.
on February "a, 1899, except for tie
purposes, specified in the tiifty-third Sec
uon of the corporations act, of prosccut-
ing or defending suits by or against them,
and Of enabling them to settle and close
their affairs, to dispose Of AND convey
their property aud to divide their capital,
but not for the purpose ol-continuin3 tne
business for which they were established.
3D. In 1OAAA B3hS was I'LL AE0a " wi
struct a horse railroad in and along the
Plank road Dy acts passed in 1865 and 1870.
In 1892 the company laid tracks for a street
railway outside of the line of the Plank
road, in use for ordinary traffic, except
upon the draws of the bridges, where the
tracks coincide with the location Of the
ordinary wagon roads. The railway was
built ana operated by the company for the
transportation of passengers.
After the courts of this State declared
that the corporate existence of the New
ark Plank Road Company terminated on
February "a, 1899, the Legislature passed
an act, approved March Y, 1901, entitled
AN act to secure TO any plank road ccm-
pany, whose charter has expired or shall
expire, a right to continue to maintain
and operate any street railway owned by
Pursuant to this act, the Newark
Plank Road Company filed In the office of
the Secretary of State on April 6, 1901, a
certificate for the purpose of continuing
its existence and of placing said company,
as the builder and owner of said street
railway, under the terms, provisions and
liabilities of the act of March IA, 1893, en-
titled AN act to authorize the formation
of traction companies for the construction
and operation of street railways and rail-
roads operated as street railways, and 10
operate the same
''In 1901 an act, approved March p, was
passed providing for the control and opef-
claimed to be owned by any plank road
company whose charter expired or may
expire by the Freeholders of the counties
III AlNl lbCJ dlV. ldAbt aho hinO -
that repairs to bridges used by the rall-
ways must be paid for by them in part.
by a supplement to this act, approved
April 8, 1902, 1t was provided that whenever
the road or bridge or bridges of any plank
road company constitutes a continuous
highway in any one or more counties the
FreehOlders of such counties must acquire
and operate such road and bridge or
bridges at joint expense, and, by agree
ment, divide that expense between them,
and on failure to agree, the Court OF
Chancery shall apportion the amount to
each.
'On September 8, 1902. the Court of
Hudson and Essex, so as to impose five
eighths thereof upon Essex and three~-
eighths upon Hudson.
ION October 6, 1902, the Boards of Free
holders of Hudson and Essex, the Newark
Plank Road Company and the North Jer-
sey Street Railway Company entered into
an agreement by which, among other
things, the Newark Plank Road Company
conveyed to the boards of Essex and
Hudson all its estate, right, title and in
terest in and to said Plank road and
bridges, excepting from the operation Of
such conveyance the trolley tracks and
the foundation upon which the same rest,
and the right to operate their trolley
traffic IN such tracks over said road and
bridges, and agreed to permit and provide
for sufficient ~passageway for water and
drainage for the Plank road and any form
of highway substituted therefor under and
across the said trolley tracks.
ut also, with its lessee, the North Jersey
OlIeeL hdllWdH SOhPdLyy ARTeeu 10 HdIl~
tain the roadbed and tracks of the street
railway and the foundation upon which
the same rest, except the draws of said
bridges. The Boards of Freeholders of
Essex and Hudson agreed to maintain and
operate the draws on the bridges over the
Passaic and Hackensack rivers and to per-
nit the use of the same for the rails and
the operation of the trolley road free of
charge or other contribution, except that
whenever it should become necessary to
build a new bridge over the Passaic and
Hackensaek rivers, or either, or both, or
rebuild a bridge over either of said rivers
or both, then the said Newark Plank
Road Company, it's ~lessees, successors and
assigns, should pay to said boards, for and
toward the expense of such building or re-
building, Is per cent. thereof. The Newark
Plank Road Company reserved all rights
it had to maintain and operate its street
railway.
After the above agreement was executed
a new bridge was built over the Hacken
sack River, and the company paid to
the boards of Essex and Hudson, for and
owa the expense of the bridge, % per
cent. thereof.
1T seems to me that the right of the
company to maintain and operate its rail-
road over the Plank road is fixed by the
agreement of October 6, 1902. and that it
was the intention Of the boards of Essex
and Hudson to assent to the maintenance
Of the railroad when the agreement was
a1anYtad - |