The sun., 1910-06-07
BACK TO ANCIENT RECORDS
GRANT or GEORGE HL vs. THE
ILL., n. RS OLD CHARTER.
Both Documents Produced IN state IN
suit O,er RailrOad's Right 10 tinse
street Decision MaS Mean Much 10
Various Interests IN queens COunty.

both Documents Produced IN state m
suit over Railroads. Right 10 Ciase
street Decision Nay Mean Much 10
Various Interests IN Queens COunty.
Two ancient documents. one a grant
nv George H. made in l53i to the COM
mon people Of the old town of Jamaica
giving them the right " assembly and the
control ~ lands viii n included the right
20 lay out highways and public streets.
and the other the original charter Of the
Long Island Railroad with 10 sweeping
privilege. were produced Yesterday he
fore Judge Humphrey in the Queens
County Court. Long Island City, where
the railroad j. being tried on an iRdiCt-
ment charging u with maintaining a
nuisance bv closing public highway.
Lawyers say that his Is the first time
that an indictment ~ This kind has heen
returned m New York State. The fight
l. over the closing ~ obi Hamilton street
IN Hollis. whirh was laid uut before the
Revolutionary War In the minutes Of
the Old town II Jamaica II was desi gnated
a. one of the Kings highwayS- 4
hundred wears after George III granted
the common people II Jamaica certain
rights 'heNirst charter was granted to the
Long l-land Railrnad. which the roads
ATTORNEYS claim is 40 sweeping IN - char
aoter a. virtually IN give it the right Ia
close pubic streets. There - keen IN
te-est throu ghput Queens cpunty ~ to
which of the two documents will win
tn grant made by George Ill or tha
charter given by the Legislature Of this
State.
NAlJr tho technical charge In th" in
dictmert ~ only that NJ a mis,iorneannr
punlRhahl' hy a fine Of SsOO yet tho ~
suit Of the action will be widercaching
IN its consequences and may eventually
involve mi,hous 20 both the railrUlt aud
the people u Qu'eus
Assistant District Attorney John Hath-
eringtor. who has charge OF the ur0sccu-
tion. had the old grant Of George III.
brought into court In due state IN the olIs-
tOdy NJ an ofioar from the Corporation
Councils Office m Manhattan IN which
place II was taken from tho town archives
Of oil jamaica following consolidation.
With equal STATE and protection the
original charter of the Long Island Rail
naad was rrod,rci In court by Col William
Beechor. trIal counsel for the Long Island
Railroad. who Is defending the action.
The grant Il George III was producel in
= book mare purpOsely for its reception.
IN aintion tO this grant Mr. Hetherin gtOn
Glso mai the minute books - the town
boar1 Of ths obi town of Jamaica. In which
the maintenance Of Hamilton street Wa
mentioned. and by means Of records the
oil street was tracei from it, frsf appear
once % history down 20 is9t. when John
Mclaughlin. "A civil engineer was hired
hy the town % Jamaica Ia make a map of
that town on winch Hamilton street was
shown When The old minute book Of
Jamatca was prOduCei it was remarked
on the economy praCtiset IN those DAYS
by public ofiCtais m contrast 20 the prodi-
Raitv of he pYesent for while the back
Of the hOok WAS uzei to record the meet
ines ~ the town board the other part was
uriliyei A. a registry II deeds aud thus
all the pages were utlli1ed.
Trouble hetwesn the railroad and re-
dents n the Villages ~ Hollis and Queens
II 0Iee"s county began about year agO.
vhen the Failroai bought ToO acres IN fhai
Section and Lara ont what Is known A. The
Halhan freight Yards Hamilton street
.ran through a section Of the railroad
eOmpany's purchase and il Was promptly
included IN the yard. IN jiIstifying the
taking " the street the railroad first sst
forth the maRy privileges Erant.-ihy their
original charter also the tact that u had
bought al the land on both sides of th"
street fbr considerable distance, and
furtheruura that since fhe oi -uIug Uf the
freight ward tho street had practically
fallen lnto iisi.-e. The section 0t no.
charter ON which the railroad hI ylr.
uCular STRESS raaIs
~aii corporation shall have the right 90
.cOnsfrurf aud auruG ff. eTIsfeu.r rn main.
tain ant ,1n'inge o. railroad Hr railroads
with single OF .Huh." -rI.. amt v.fN .FtH
appsndags- Al. may Doc ds.gsi Do. s-..rr
for tho convenient Use OF -am" ,orur..n.
ing a. au eligible point al. joining .uUfau.d
BAY IN 0T near fHn NIIIag" u' ,r.au..u.r
n tbe county uf srn"... au. n.r.uH. ...
thence IN the nu-i pTt.'l,BI ru. % rfrHHrU
or near tNe middle of rh" ISLAND 20 r. point
on the " afsr % edse iu tho VILLAGE ug Brupa.
lyn and rp 'hr vater risn rr rhr Village
OF WiI'iam-burE. "
On July -. lSs8. tho tooal1kl@rs .r
the road obta Incl .u "Nf-u-Iun IT rUa
original charter win gl Hf- privilege
for period ui 2jo wears
in addition 10 the presenting Of duru-
I1entary evidence tho Dr. -,.Ifiln v,.--
terday produced a. Witnesses AIR 900 =
Debevoise who testified % hi kn0wi,,IK.
that Hamilton street was ussd ~ puili.
highway IN isal. while Jemes g. Wheeler
testified a. having u,sd the highway s
far hack a. is8I Ge1rga ShIDley f.-ii-
led n knowing that tha Old street mad been
closed. ~ he used a. g through h to
cet - the trolley line. which il now uu
longer p0-zibls u was also shown that
wnila fh- railroad originally had but
Two tracks 10 that vicinity Il now has
sixteen