Perth Amboy evening news., 1921-12-24
Writ of Certiorari Served on
City Clerk in Cable Works
Ordinance
COURT RESTRAINS CITY
Dismissal of Writ is at Once
Asked for by City
Attorney

A writ OF cert1Orarf was served on
the city clerk, Arthur K. Graham,
yesterday. commanding the mayor
and the Board of Aldermen to turn
ever to the supreme court. the ordi-
nance granting permission to the
Standard Underground Cable Com
pany to construct and maintain a
railroad siding from a point in High
street to a point in Washington
street, with all records and other
data pertaining to the ordinance.
ri.e writ was served through the Of
fee of Joseph E. Stricken, who rep
resents John Seaman. Mr.. Seaman
objects to the construction of the
siding. alleging that it damages his
property.
This ordinance has been passed on
it's first reading and was supposed
to have come up for its second and
third readings on Monday night, but
was laid over until December 80,
when another meeting is to be held.
The Gable Works ordinance is the
first ordinance drawn concerning the
siding and has nothing whatever TO
do with the Lehigh Valley ordinance
which was submitted by Alderman
Waters at the last meeting of the
aldermen and also concerns the
building and maintaining of the
sanF siding.
AS soon as the writ had been re-
ceived by the city clerk, it was
turned over to the city attorney,
Leo Goldberger, who today served
notice on Mr.. Stricken that he will
apply to James Jf. Bergen justice
Of the supreme court on Wednesday
for an order to dismiss the writ.
The writ as served on the city by
Mr.. Stricken reads as follows:
'.The State of New Jersey to the
Mayor and Board of Aldermen of
the City of Perth Amboy. the City
of Perth Amboy. greeting:
I'VE being willing for certain
reasons, to be certified of certain
ordinance passed by the Board of
Aldermen of the city of Perth AM
boy, in the State of New Jersey, en-
titled An ordinance granting per-
mission to the Standard Under
ground Cable Company to construct,
operate and maintain single track
siding from a point beginning in the
center line of High street at it's in
tersection with the center line of a
spur that enters the property of the
Standard Underground Cable Com
pany and from thence running
along a curve of radius 401.3 curv-
ing to the right a distance of 1853
feet to a point, thence in souther-
ly direction parallel with the east
erly line of High street and distant
$50 feet westerly therefrom, meas
ured at right angles thereto a dis
tance. of 465 feet to a point, which
point is in the southerly line of
Washington street and ending there
1--WE do command you, that the
aforesaid ordinance passed by the
Board of Aldermen of the city OF
Perth Amboy with the records of
the meetings of the said common
council, at which the said ordinance
was introduced and passed. togeth-
err with all things touching and
concerning the passing, approving
and enacting the said ordinance as
fully and entirely as before you they
remain, to our justices of the su-
preme court of judicature, at Tren-
ton, on the 4th day of January. next,
you certify and send. together with
this writ, that therein may be done
what, of right and according to the
laws of this state. should be done.
ssWitness, William s. Gummere.
esquire, chief justice of our su-
preme court, at Trenton, this six
teenth day of December. 1921.
'ENOCH C. JOHNSON,
CLERK"
The application to dismiss the writ
follows:
"Please take notice that will
supply to His Honor, James j. Ber-
gen one of the justices of the New
Jerse Supreme Court at the court
house in the city of Elizabeth, on
Wednesday, December 2S, 1921, at
ten O'Clock in the forenoon. or as
soon thereafter as counsel can be
heard for an order to dismiss the
writ of certiorari allowed in the
aforesaid entitled cause upon the
following grounds:
"That there is no legal ground for
The issuance of the writ.
THAT the affidavits upon which
the writ was allowed do not set up
different legal grounds for the al
Iowance of said writ.
'"rhat the service of the writ is
defective.
ssThat the so-called writ Is not
signed by the clerk of the Supreme
Court.
THAT the said ordinance was not
oassed beyond the first reading of the
same and therefore there is no or
1;nance to review. there being no
conclusive actr for adusticjation of
he city to be brought up for review
Until the approval by the mayor
and the subsequent necessary ap-
prevail of the Public Utility Com
r,ssion, there can be no injury to
lie Prosecutor
LEO GOLDBERGER.