The Morris County chronicle. [volume] (Morristown, N.J.) 1877-1915, 1908-12-15
COURT ORDER
HALTS TROLLEY
Rule to Show Cause Why
Hanover Franchise Is
Not Invalid
CONSTRUCTION WORK PUSHED

Il ~
Judge Parker has granted rule to
show cause why the franchise OF the
Morris County Traction company in
Hanover township should not be set
aside as Illegal upon the application of
Edward X. Mills as counsel for Robert
Fl. Nc Curdy and David f. Barkman
as counsel for Samuel v. Abell The
rule is returnable January 10Th, 1909,
at the court house in Morristown.
1t is the contention Of counsel that
the franchise is unconstitutional.
This ground is taken because Of a
granting of the franchise for forty
years under the amendment, passed in
1907, to what is called the Colby
limited franchise act of 1906. The
latter act provided that no franchise
was to be granted for more than twen-
ty years unless sanctioned by the peo-
pie at special election. The amend
ment passed the following year extend
ed the time of a franchise to fifty years
in second third and fourth class coun-
ties excepting in municipalities of 12,-
900 inhabitants or more. The conten-
tion is that classification by popula-
tion is not good and that the placing
of Hanover township in one class and
Morristown, with population of more
than $4,000, in another class, makes It
special and not general legislation.
Another point made by the counsel
is that the map of the trolley route
was not filed with the secretary of
state until after the consents had been
granted, instead Of before, as provided
by the law The case of the Mercer
County Traction company against the
United Railroads of New Jersey, before
the court Of errors and appeals, is cited
as an example.
Though the court order acts as
stay for the trolley work in Hanover
township, where the line is practically
com pleted it will not interfere with
the traction company operating the
road from Morristown to Five Corners.
Contractor E. Grupelli Friday morn
ing doubled the force Of men at work
on the trolley construction on Speed
| we'll avenue and expects to get the
work completed in week or two.
Tracks are now laid to Five Corners
and work is being rushed on toward
Raymond's lane, about fifteen hum
! dred feet away, to which point the
tracks are already laid from Morris
town.
All Of the trolley poles have been
erected and almost all connected with
} the cross wires. Mr.. Grupelll has
: three carloads of crushed stone at
: Morris Plains and the road from the
: station to the state hospital switch IS
being greatly improved and wiaene6,
+ and six inches of stone put down and
!. then rolled. Similar improvement is
e being made to the road below the de-
E pot, it being widened and filed in to a
:. level with the tracks with crushed
i stone.
!. The tract laying does not progress
as fast as it might because of the ex-
treme care used More than the usual
number of cross ties are being laid and
/ the rails are very carefully spiked. All
! imperfect Ties, rails and even spikes
are rejected and the road is construct
1 ed better than many steam railroads
are. 1t is evident that the traction
company is going to have real trolley
: road and not makeshift affair hustled
l through in hurry on which to raise
money.
J The trolley company has two new
i cars at Millbprn which have never
been used and one of them and possi-
bly, both will be brought to Norris
r town for use on the new section OF
road. The cars are OF the latest i'm
proved type, with cross seats and are
. handsomely painted.
Temporary arrangement with the
l Morris 81 Somerset Electric Co. have
9 been made for power. The traction
! company will bring from Dover 100
kilo-Watt direct current generator and
it will be set up in the old Public Ser
vice Corporations S power house on Cole
avenue and operated by the Morris 81
) Somerset Electric Electric Co. until
7 permanent arrangements can be made
/ by the trolley company