Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1910-10-27
BOARD OF WORKS
STAND UPHELD IN
P. s. c. DISPUTE
CONTINUED from First Paee.)

by the Street Railway Company to the
Court of Errors and Appeals, which has
not yet been argued, it having been de-
layed pending negotiations looking TO "a
settlement of the matter. This ordi-
nance having been set aside by the Su-
preme Court, we are thrown back to
. the original ordinance providing for the
payment of the 8 per centum, the city
holding one view Of their meaning and
the Street Railway Company an en-
tSrely different view. If the city's con-
tention is the correct one, then a large
amount of money is still due to the city
from the railway company upon their
past receipts. This being money now
due or claimed TO be due to the city of
Newark, l do not thin 1t is within
the province or power of the Board of
Street and Water Commissioners to
settle 1t, or to make any compromise,
ever though such compromise might be
proper and advisable. 1 think the
power to settle claims of the city for
moneys due to 1t rests with the Conn
mon Council of the city.
Provision for Future.
with respect, however. to action
that may now be taken looking to a
settlement of the controversy for the
future, 1 think the case is different.
The Board of Street AMI Water Com
m~issioners mas the sole control of the
public streets, and in 1t Is vested the
power to grant franchises therein. A
new ordinance settling the method of
computing in the future the 5 per cen
tuni would necessarily beta fnodiica-
ton of the existing ordinances grant
ing the franchise or right 10 the rail
road companies to use electricity as q
motive power, and the power to BASS
such ordinances is now vested AK
clusively in the Board of Street and
Water Commissioners II is true that
the original ordinances giving tho
power to use electricity and providing
for the payment of the 8 per centunl
was passed by the Common Council
of the city, but the Board of Street
and Water Commissioners then
not in existence. and such power was
clearly lodged in the Common Coun-
Gil. The latter ordinances upon the
subject were all passed by the Board
of Street and Water Commissioners.
Comr-~n Councils Power.
1T is clear that the Common Coun-
ell has no power to modify or alter, in
any way, the terms of ordinances deal
ing with subjects exclusively under the
control of the Board of Street and
Water Commissioners. For the Com
mon Council now to pass In ordnance
interpreting the meaning of these earlier
ordinances and settling a method for
the computation of the 5 per centum
would be such an exercise of power.
my conclusion therefore, is, that
the power to deal with this question
for the future, and to settle with the
street railway company the method
to be pursued in the computation of
this s per centum, under the existing
ordinances, is exclusively within the
Jurisdiction of your body
The Fnrc Decision.
In the opinion relative to the 10-cent
fare to New York the ground is taken
that the city cannot obligate the trolley
company to carry a passenger to New
York for 10 cents, because, according to
the ordinances affecting this matter,
the company does not agree to take 81
passenger 20 New York for 10 cents.
but agrees to take a passenger to the
end of its line at the foot Of Exchange
place, in Jersey City. on a continuous
ride, and that the terms of the ordi-
nance compel it to do nothing moro.
If it agrees to convey a passenger to
New York by a continuous ride, then it
would be up to the city to extract the
through trip for 10 cents. The ON
pany does not operate a continuous line
through to New York, and until it does
1t. will not be obliged to take a pas
beyond Exchange place for 10
cents.
The opinion is as follows:
IL am asked to advise you whether.
under the ordinances of the city and
especially the two certain ordinances
Authorizing and empowering the New
ark and South Orange Railway Com
pany, a corporation Incorporated under
the laws of the State of New Jersey,
to locate, construct, operate and main
tain certain surface street railways and
their appurtenances, over and through
streets, venues and highways
in the city Of Newark both approved
April rs, 1898 (MacLear's Compilation.
SIG and 520) and the amendment
thereto, approved May 2s, 1893 Mac
Lear's Compilation, p. $3.50. the Public
Service Street Railway Company, as
to the Newark and South
Orange Street Railway Company, can
charge more than ten cents for a con-
tinuous ride from Newark to New York.
Text Of Ordinances.
1.-THE ordinances as amended by the
amending ordinance approved May %,
1898 (MacLear's Compilation, .. $3.50
provide that from and after the ac-
ceptance hereof Chat is, Of the ordi-
nances %amended) there shall not be