Perth Amboy evening news., 1922-05-15
ENTIRE COURT
/ ACTS IN JUNE
Hearing Before Justice Berg
en- Today on Writ of Ger
tiorari
IN DRY DOCKS CASE
Full Bench to Supreme Court
to Act in Case Next
Month

After hearing arguments today in
the application of the city for a
writ of certiorari in the order of the
Public Utility Commission granting
the Lehigh Valley Railroad and the
Perth Amboy Dry Dock Company
permission to Hay railroad tracks
! across the foot of Washington street,
Supreme court Justice James j.
Bergen in his Office in Somerville
ruled that it was his opinion that the
n after should be heard by the en-
tire supreme court and in view of the
tact that everyone is anxious TO fa-
cilitate the matter and bring the
case on for disposition on its~merits
without delay, he would sign a rule
to show cause and make it return
able before the full bench of the SUI
preme court at Trenton during the
June term.
At the hearing which took place
at 10 o'clock. Harry s. Medinets. rep
resented the city; Adrian Lyon. the
Lehigh Valley Railroad Company
and Judge Charles c. Hommann
the dry dock company. During the
arguments, Mr.. Medinets stressed the
point that the railroad company did
not properly or legally get the city's
permission to lay the tracks and the
ordinance proposing to- give permis-
sion to the railroad was actually re-
pealed by action of the Board of
Aldermen.
Mr.. Lyons held that the consent
of the city was not necessary in view
OF the fact that the Public Utility
Commission under recent act was
given complete jurisdiction over all
streets and highways for railroad
purposes. Mr.. Medinets cOntended
that the city did not lose rights to
the streets. and that the commis-
sion has no right to grant the per-
MISSION TO lay the rails without first
having same ratified by the city.
Counsel stipulated that the petit
tiop, affidavits and exhibitions filed
bW Mr.. Medinets constitute the rec
>ord and that the parties be permit
ted to take further testimony If 1t
is found desirable or necessary
The court continued the stipula-
tion of counsel that no steps would
be taken to carry out the order of
the Public Utility Commission unit.
the matter has been disposed of by
the legal proceedings. Mr.. Lyon
pointed out that it is not the policy
OF the railroad company to lay the
tracks until such time as the right
of the company to do SO has been
definitely established.
Aldermen Meet Tonight
Further developments are antici-
pated tonight at the meeting of the
Board of Aldermen in The action
started by Alderman John j. Clark
about two weeks ago in which he at
tempted to have the council adopt
resolution instructing City Attorney
Leo Goldberger to discontinue and
abandon the appeal he made as city
attorney in the supreme courts deci-
sion on the Standard Underground
Cable Work siding matter. Alder
man Clark maintained that the al
dermen had never authorized the
city attorney to appeal the decision
for the city and endeavored to have
a resolution passed showing that
the aldermen did not desire to push
the appeal.
When this resolution was defeated
Alderman Clark served notice on the
board that he would reintroduce the
resolution at the next meeting and
present to the aldermen additional
data and facts to show the advisa-
bility of this move. 1t is known that
the fifth ward alderman has been
working on this matter since the last
IietllIl5 VI Tie DOdIu anu
BILE interest is being taken in the fur
ther development of the case to-
night
When Alderman Clark's resolution
was voted on, it was favored by AL
dermen John Sofield and Benjamin
Riedy and himself. Aldermen Thom-
as Patten and Robert Mcguire pass
ed and Alderman Albert G.. Waters
and Alderman-a -at-Large Richard A.
Calvin voted against it. Four votes
were needed to pass it.
AS both Aldermen Sofield and Nc
Guire stated that the city attorney
should be questioned by the board
in this matter it is believed that the
city attorney will be called before
the aldermen tonight and asked to
make an explanation of his actions.
Attorney Goldberger was not present
at the meeting when this matter
came up for discussion.
Several other matters of impor-
tance are scheduled to come before
the aldermen tonight. Bids for the
collection and disposal of garbage
will be received as will bids for a
new touring car for the use of the
police department. Bids for painting
the interior of the poor house come
in tonight also.
Na.h.r..- al ro,ud N, n