Perth Amboy evening news. [volume] (Perth Amboy, N.J.) 1903-1959, 1913-08-06
Mayor Garretson Declares
Rights to Use of Washing
ton Strset Have Expired
COMPANY SAYS CLAUSE
PROTECTS THEM.
Declares They Are Unavoida-
bly, Delayed by Failure to
Get New York Permit

BY failing to comply with the
terms of it's lease obtained from the
city, the Perth Amboy and Totem
vile Ferry Company has forfeited
It's right to operate a ferry to and
from the foot of Washington street,
according to the opinion of Mayor
Ferd Garretson. The executive
claims the right extended under the
twenty-five-year lease expired yester-
day, because the company failed to
have boats in operation within the
time limit of six months from the
date of acceptance of the lease. I'm
der this status the ferry company
will have to renew it's application to
the city for franchise privileges, If
it intends to operate to and from this
city. Such dealings in the future
will have to be made with the Board
of Harbor Commissioners, and, un-
der the law, 1t cannot last for a
longer period than twenty years.
In the opinion of c. c. Baldwin, of
the Perth Amboy and TottenVille
Ferry Company, the rights of the
company have not been forfeited, as
there is a clause in its lease which
provides that time lost in litigation
shall not be considered as a part of
the six months. Mr.. Baldwin said
he had personally taken the subject
up with City Attorney c. C. HON
mann and he had stated the com
pany was safeguarded by the clause
in question. The reason for delay in
starting operation is the absence of
franchise privileges in Tottenville,
and as a result the company will
not attempt to operate this summer,
Mr. Baldwin stated today.
Regarding the subject, Mayor
Ferd Garretson stated: by failure
TO comply with the terms of the
lease made TO the Perth Amboy and
Tottenville Ferry Company on De
cember 6, 1912. it is my opinion thai
| the company has forfeited It's right
to operate a ferry between Washing
| ton street and Tottenville. An ac-
ceptance was filed by the company
on February 5, 1913, and one of the
provisions of the lease was that the
ferry should be constructed and in
operation within six months. OPP
Grafton was defined in the resolution
to mean that a boat or boats of sufii-
cient size to carry at least fifty pas
sengers and six automobiles should
make at least five trips each day.
He said further: THE right of the
company to use the end of Washing
ton street expired yesterday-siX
months after the acceptance of the
terms of the lease by the company
and that the company has not only
failed to operate ferry, but has not
even commenced construction work
of any kind at the proposed landing
place on Washington street.
"A clause in the resolution pro
vided that In case the company was
| interfered with in construction
| equipment work by legal process OF
suit at law or equity, they should be
entitled to such additional time fol
| completing the work as should be
| consumed by the suit, but we have
been given to understand that the
| reason for delay is the failure to OBJ
| tain favorable action on the appli
cation made to the dock department
of the city of New York for fran
chise privileges on the Tottenvillt
side, and this can hardly be con
strued as a suit
| Under laws now in force, mat
| ter sof this kind properly come un
der the jurisdiction of the harbol
| commissioners and they cannot least
a ferry for a longer period thar
| twenty years.
"The lease made IN December by
| 81 n
expired December 2, 1897, and was
made before the appointment of {
harbor commission.