Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1913-10-30
NEWARK NEWS IS
MADE DEFENDANT
IN LIBEL ACTION
$25,OO0 Suit Instituted by
William M. Beard, ex-
Assemblyman.
DECLARES EDITORIAL
STATES A FALSEH00D
Plaintiff Says Publication De-
lihe.ate!y Distorted His Rec
ord at Trenton.

fdpeFS IN IDel suit against thS
Newark Evening News 70 recover
$4,000 damages were filed today BY
/ William NJ. Beard. of Glen Ridge, n
former assemblyman from Essex
county. The suit is the outgrowth OF
an editorial printed in the Evening
News, October q, under the caption
Some Reminders of the old DAYS
in Jersey" the concluding paragraph
of which. and upon which the suit is
based. read:
fhe former governor (referringy to
Stokes) is being, supported by the old
Board of Guardians selected by the
| railroads. He had as chairman OF
his meeting in Glen Ridge former
Assemblyman William NJ. Beard.
whose chief feat in the Legislature
of 1912 was his unsuccessful at
tempt to put through a Lackawanna
Railroad bill-House 599, introduced
March ID and lost in the Assembly
March 2S-which would have made it
possible for that company to retain
possession of a public road it had
stolen from the people,"
The bill in question was entitled
An act concerning public utilities:
to create a Board of Public Utility
commissioners and to prescribe its
duties and powers" being a supple
ment to the public utility act. 1t
provided:
Wherever any railroad company
| has constructed or shall herea fter
construct any bridge or passageway
to carry o public road or highway
over or beneath the grade of the
tracks Of such railroad company the
Board of Public Utility Commission
ers after hearing upon notice, upon
their own initiative or upon petition
by the municipality or other party
interested, shall fix and determine
the width and character of the bridge
or passageway to be constructed and
maintained by such railroad company
for the adequate accommoda ton of
pubic travel upon such road or high
way"
Mr. Beard declares that had the
bill in question become 4 law it
simply would have permitted the
Public Utility Commissioners to de-
eide, upon hearing of the parties in
fterested after rdaotice, what should be
the proper width and character of the
bridge or passa geway.
Il know of no body or commission
more fitted or more able to determine
such a question said Mr. Beard to-
! day. The Public Utility Commits
Rsioners is composed of body of men
who have the respect of the citizens of
| this State for their capability, in
tegrity and fairness. The only pos
sible way in which the bill could be
used as means OF unfairness would
| be in the event that the Public Serv-
\ ice Commissioners were crooks The
/ condemnation of the bill by the News
necessarily implies that state of
! croolSedness on the part OF the COM
missioners If the News has or had
! any such knowledge the public is en-
titled to know 1t and proceedings
! should be commenced immediately
! he declares.
/ Mr.. Beard points to law enacted
in 1903 (p. Gas, sec. 26) which reads:
1T shall be the duty Of every rail-
road company, owing. leasing or con-
trolling any right of way for a rail-
road within this State to construct
and keep in repair good and sufficient
| bridges and passages over. under and
| across the railroad or right of way
where any public or other road. street
| or avenue now or hereafter laid shall
cross the same so that public travel
| on the said road shall not be i'm
/ peded thereby and said bridges and
passages shall be of such a width and
character as shall be suitable to the
locality in which the same are sit
uated"
Mr.. Beard notes that while it is pro-
vided "safd bridges and passages shall
be of such width and chara cter as
shall be suitable to the locality" the
act does not contain any provision
! defining the authority which shall
! have power to decide what shall be
suitable to the locality in case of
contemplated bridge or passage over
the public highway. This act was in
force when his bill was introduced
1T simply was presented for de-
liberation by the Assembly and
there was no effort made in its be-
half other than a plain statement of
its contents. The Republican ma
jority voted almost unanimously
against the BILL"
Mr.. Beard said the bill had suf-
ficient merits to warrant its con-
sideration by the Assembly, and
was of the opinion that it was the
inalienabIe right of every citizen. be
he rich or poor, to have matters of
legislative Importance at least dis
cussed and considered by the only
body in the State having legislative
authority.
Mr. Beard gave the News until yes
terday to retract the alleged defama-
tory statements, and upon its fail
CONTINUED on Page 9, Column 81
/