Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1915-07-15
TROLLEY STOP
CASE TAKEN TO
POLICE COURTS
Commissioner GiIIen, as citi-
zen, Files Complaint Against
the Public Service.
NEAR-SlDE HALT is
ALLEGED VIOLATION
Declares City Ordinance Is Be-
ing Broken-Asks Fine for
Each Infraction.

Contending that the Public Service
Railway Company is liable to fine
of s25 for each time trolley car stops
at the near side of an intersecting
street, Board of Works Commissioner
Charles p. Gillen appeared before
Judge Grice in the First Precinct
Court today and asked that a com
plant be taken. Commissioner Gillen
wishes complaints taken for the vio-
lation of city ordinance passed in
1913, providing that trolley cars shall
stop at the far side of intersecting
streets, except at specially designated
points.
lie contends that the recent State
law In reference to near-side stops
does not conflict with the city ordi-
nance. Judge Grice postponed the
matter until tomorrow morning to
permit study of the State law and
the city ordinance in question.
The State law relative to near-side
stops, according to Mr.. Gillen, con-
tains the provision that it shall not
interfere with ordinances passed by
the governing bodies in cities In the
state or with charter agreements be-
tween the traction company and the
cities. The Public Service Railway
Company has, therefore, no justifica-
ton under the law for stopping its
cars on the near side of intersecting
streets, in violation of the city ordi-
nance. he contends.
Mr.. Gillen said today that it is his
intention to prosecute the Public
Service Railway Company on more
than one count, and to attempt to
have the company fined s25 on each
count. If he is successful, he said,
the fines may aggregate several
thousand dollars.
Mr.. Gillen wishes to make his COM
plant as a citizen. A typewriter
statement which he presents to the
court today does not specify any indi-
vidual violations. but sets forht that
on and since May 15 last the COM
pany has "persistently violated the
ordinance. Evidence covering speci-
fic cases is being secured at the pres
ent time. Mr.. Gillen said, and will be
ready Tor presentation to the court In
short time.
Letter to Utility Board.
Mr.. Gillen also wrote today to the
Public Utility Commission, calling at
tention to what he contends is a viola
tion of the city ordinance by the rail-
way company. In his letter, Mr. Gill
len says: "The Public service Rail-
way Company, since May 10, 1915 has
been stopping its cars generally in the
city of Newark at the near side of in
tersecting and connecting streets, in
stead of the far side, as provided for
by a Newark ordinance.
1.-THE Board of Street and Water
n Yf1ic ct tnf 1af.c f,ff Al fal, I
ber, warned the company that it was
violating the city laws in changing
from the far-side to the near-sido
stops. Your board has the power to
compel the Public Service Railway
Company to obey the city ordinances,
and |, therefore, ask you to order the
said company to comply with the
Newark city ordinance in the matter
or stopping its cars at intersections.
At the time the Public Service made
the change in stops 1t declared in
public statements that the action was
being taken to conform with the pro-
visions of the new State traffic law
passed at the last session of the
Legislature. Mr.. Gillen contends that
this law does not supersede the city
ordinance, because specific provision
Is made in the law that 1t shall not
governing bodies of the various cities.
Mr.. Gillen did not swear to the COM
plant which he presented to the court
today, by Judge Grice's advice, the
latter wishing to make a study of the
State law before accepting any COM
plaint. Mr.. Gillen said today that he
may make a number of complaints,
each covering a specific alleged viola
ton.
Violations Specified.
After setting forth that the Pub
lie Service Railway Company has
been engaged in the business of COM
mon carrier of passengers in New
ark under grants and franchises
made by the mayor and Common
Council and Board of Works of the
city, the complaint alleges as fol-
lows:
THAT in violation of an ordinance
approved March IA, 1918, the
said corporation on the said
fifteenth day of May, 1915, and
on each day succeeding up to and
including this date has caused its
cars so operated and run by cleo
tricity in and upon the streets of the
city of Newark to stop for the pur-
pose of taking on and letting off
passengers at the near side of
streets intersecting or connecting
with such streets upon which the
said railway company cars are OPP
Grated, except at specially designated
intersections, and since May Is, 1915,
persistently violated said ordinance
by stopping it's cars running on the
thoroughfare known as South Or
ange avenue, Springfield avenue,
Central avenue, Warren street, Bank
street, Bloomfield avenue, Washing
ton street, Clinton avenue, Bergen
street. First street, Clifton avenue,
Norfolk street, Broad street, Null
berry street, Market street, Ferry
street, Hamburg place, Belleville ave-
nue., Washington avenue In said city
of Newark at the near crosswalk of
intersecting or connecting streets on
said thoroughfare, except at specially
designated intersections and not at
the far side for the purpose of re-
ceiving and discharging passengers.
THAT on each day during the
month of June, 1915, in the said city
of Newark the said railway corpora
ton so operating cars propelled by
electricity on streets within the linn
its of said city of Newark has in
violation of the said ordinance failed
to stop it's cars for the purpose or
taking on or letting off passengers
at intersecting or connecting streets
on the far side of said intersection,
and has stopped its cars for the pur-
pose of taking on and letting off pas
sengers on the near side of said in
tersecting or connecting streets, con-
trary to the provisions of the ordi-
nance of the city of Newark in such
case made and provided"