Perth Amboy evening news., 1922-05-09
WRIT IS Asked
BY OPPOSITION
Application Will be Made for
Writ Before Judge Bergen
on May IS
IN DRY DOCKS CASE
Action is Being Taken by Me-
dinets, Special Attorney,
Engaged by Aldermen
IN DRY DOCKS CASE

Next Monday. at 10 o'clock in his
office in Somervilie. Superme Court
Justice James J. Bergen, has set a.
the time for Harry s. Medinets. spe-
cial counsel employed BY the cts
in the Washington street .croes-
ing case, to appear before him and
make application for a writ of GER
tiorari to review the proceedings and
order of the Public Utility Commits
sion pertaining to the crossings de-
sired by the Lehigh Valley Railroad
Company and the Perth Amboy DRY
Dock Company. The argument OF
counsel will also be heard at thar
time.
The petition for the writ OF ce~-
tiorari which fills eleven typewrif-
ten legal pages was filed by Mr.. Me-
dinets with the clerk of the supreme
court in Trenton on Saturday. In
cluded with the petition were mnpe
and exhibits in connection with the
case.
On Saturday morning also. Mr..
Medinets also made a2pliet
fore Justice Bergen in Elizabetn ~
an order to restrain the Lehigh Val
ley Railroad Company and the Perfh'
Amboy Dry Docks Company from
proceeding under the Public UtiIity
Commissions order of April IS. in
laying the tracks. In answer to this
application Justice Bergen agreed TO
set o'clock yesterday afternoon
at his Office in Somerville as the
time he would consider the applica-
tion.
Mr.. Medinets appeared at Justice
Bergen's Offices yesterday at the
time set and advised the judge that
he would not press the application
for the restraining order in view oI
the fact that Adrian Lyon and
Judge Charles c. Hommann had
advised him that the railroad AMI
Dry Dock company had no intention
to lay the tracks until after the
supreme court had an opportunity
to pass upon the issue involved, and
that he was satisfied that the Lehign
Valley Railroad Company and the
Dry Dock company would rely up
on the statements and agreements
of their counsels.
After going into details concerns
ing the history of the Washington
street crossing ordinance. how II Was
passed and repealed by the alder
men the various actions of the Pub
lie Utility Commission at hearings.
etc, the petition charges that in
order to enable the Board of Public
Utility Commissioners TO consider
the application. it was first necessary
for the railroad TO procure from the
city = consent to the use of Washing
ton street and that such consent was
EOt obtained. that the ordinance
PASSED on its final hearing at the
meeting held on December 81. 1921.
i ff1op-oI and Wild and xvos rar,ao ofoI
on March 6.
The petition further charges that
no legal consent was obtained from
the city to lay the tracks across
Washington street. which is neces-
serv and requisite by virtue of the
provisions of the city charter; that
the application filed by the Lehigh
Valley Railroad Company with the
Board of Public Utility Com mission.
ers was not filed in good faith. but
was a subterfuge and in fact was
petition OF the Perth Am boy Dry
Dock Company for permission q
use a public highway Of the city fps
private purposes: that the. city o.
virtue of its charter and the laws o.
the state of New Jersey has the con-
troll of its streets and OF the con-
struction of railroads in. upon and
across said streets and the conSeH,
of said city Is requisite before any
railroad tracks can be laid. {
The petition also charges that tbs
Board OF Public Utility Commis-
sioners had no legal right to grant
the permit upon the application OF
the railroad company inasmuch az
the granting OF said permit operates
as an approval only of The purported
consent by ordinance of the city to
construct and lay the tracks. and
that said ordinance is void and IL
legal and OF no effect
In its closing paragraphs the Pc
tition holds that the laying of the
tracks is an establishment of new
grade crossings. contrary to the laws
of the state and that no evidences
was adduced before the Board of
Public Utility Com missioners to re1-
sonably support the order made o<
the board.