Perth Amboy evening news., 1918-09-30

To the Honorable Board of Aldermen
of the City of Perth Amboy.
We the Undersigned property owners
In the vicinity Of Jefferson and Maple
Street, in the. City OF Perth Amboy.
do hereby object and demonstrate
aied BY Charles NJ. Peterson for the
right to use part of Jefferson. Street
by laying a track thereon for the rea-
sons set forth n the rSmo1str nnos
| nell Co, and because the undersigned
will suffer irreparable loss thereby
and the laying of such track will be
| very detrimental to the properties of
the undersigned and will cause said
properties to depreciate In value to q
great extent. And further, because
said street is owned BY the persons
| ject to the use thereof OF the pubic
The undersigned further object to
t the granting Ing q ths saiq reason slsn's that e tns su pshl
granting would be illegal IN divers
ways.
w. ]. Donnei Lumber Co
By Thos; J. Evans, Secy.
Jens p. O~stergaard
A. M. Metzendorf
j. 7. Simmer
James Giinllan
David Splitter
Samuel Diamond
p. Goldfarb.
In the matter of the application Of
Charles M. Peterson for the right to
Remonstrances and Objections of the
w. J. Donnell Lumber Co.
To the Hon. Board Of Aldermen
The w, ]. Donneli lumber Co.. q cor
poration duly organized and existing
under and by virtue OF the laws OF the
obiects to the granting of the petition
dled by Charles NJ. Peterson and 70 tne
passing Of the ordinance prayed Tor IN
said petition for tb the r tSraoMan Is the
owner Of property extending from the
southerly side of Fayette st 70 the
northeriy side of Jefferson 81. Q ais
| 81 on the west by property. being the
rfeht Of way of the Perth Amboy ana
Eiizabethport r. r.
q, Because this ~remonstrant con-
ducts a lumber yard on said property
! loss by the laying Of the track as set
| forth in said petition. .
s, because the remonstrant Is the
O O%9ssr IN SIDE IsS 9 Of JsireTson Street to
the center. OF said street ana ex,ends
| ing from the easterly side Of the ianos
OF the Perth Amboy and Ellzane,hPort
\ r. r. to a point distant iso-oA tset
| easterly therefrom.
T. Because he petition OF records
of the Clerk of the City of Perth
Amboy do not show when said petition
s. Because it does not appear
either by said petition or by said rec
ords where the petitioner wants the
track to be laid.
8. Because no map accompanies
said petition showing the location OF
any lands to be affected or the pro-
posed location OF said track.
Because the switch track mem
Toned In the said petition does not
terminate at the boundary line of lands
said line.
Because no private individua,
for raj raiIr 49, rlgne 70 use a public street
.. Because no ordinance can n.
passed giving q private Individual III,
poses. or for any other
lo. Because no petition has h.,
mad1 by any railroad company
Ior me laying OF any track across said
H. Because no ordinance can \.
passed for the laying OF any tract
across the street. especially where nm
Deneht derived would not be of bench
Individual or ~individuals
~. ecaus no right was acquired
py q rallroad company. or anyone else
from the owners OF property AUDITING
said street as required by law.
IL. Because a track may be laid ID
on a public street only for purposes
where the public at large is benefited
ID. Because the passing OF an or
dinance as prayed for in said petition
is not the control of railroad In the
streets Of Perth Amboy as is contem-
plated by the amended or revised char
ter of said City OF Perth Amboy. re-
yised In 1870.
is. Because the control granted l.
said charter has been limited by sub
sequent Legislation. and especially by
/ Section 81 of the Railroad and Canal
Act.
Is. Because a municipal govern
ment is a trustee for the public, when
invested with the power TO regulate
streets and the control OF the streets
Is restricted to acts In furtherance OF
II. Because the Board OF Railroad
Commissioners or the Board of Public
Utility Commissioners haYe the sole
right 20 regulate the construction and
any private side track.
IS Because the laying OF said track
across said street. would be a menace
TO the public. and would cause great
damage and financial loss to the un-
dersigned.
Is. because the laying Of said track
would be contrary 70 the rules and
States and Of the State OF New Jersey.
n of the Interstate Commerce Com
mission.
acted on by your Board at a regular
meeting.
n. Because the resolution passed 10
advertise the notice OF the hearing on
said petition and the action taken by
your Board are Illegal.
%. Because the notice OF the public
hearing on said petition was not post
ed as required by law:
2s. Because the notice OF said pun
lie hearing was not published as re-
CURED BY law.
"a Because said no ice published in
the newspaper does not c with
the law n does Aot sci sth the
facts as required BY law.
rs. Because no proper evidence OF
posting or publishing Is before the
Board.
2s. Because the location OF the petit
tioners property Is not given II sal
petition
-. because the track on lands or
tbs Hemonstrnnl does not terminate at
the boundary line or SAID lands and
does nQt reach 1eHEEaau- slEM
>: ); ):