Passaic station (Erie Railroad)

Proposals for a railroad through Acquackanonk Township came in 1829 when an appeal was made to the New Jersey State Legislature. Members of the town of Paterson and multiple manufacturers petitioned the Legislature to approve a new railroad to help get good transports to the Hudson River. Roswell Colt, a local industrialist, worked with engineer John Sullivan to help design and imagine a new railroad through the area the year prior.[11] Due to a recent depression, manufacturers found it important to get their products out in winter months, which was tough when local roads were obstructed and/or closed. Seeing the benefit of railroads in Europe, they felt a railroad should be built between Paterson and New York City since it could run all year, unlike stagecoach travel. Paterson officials also noted that the railroad would help communities outside municipal limits, bringing more manufacturers. Agricultural conveyors would also have the benefit of being able to ship to other places instead of delivering via stagecoach.[12]

Philemon Dickerson, one of the members of the town of Paterson advocated for the railroad

The new railroad would begin in Paterson, cross through Acquackanonk Township, where it would cross the Passaic River via a drawbridge into Berry's Hill (later Carlton Hill). The bridge then would cross the Hackensack River, through Bergen Ridge into a location that would reach the ferries in both Hoboken and nearby Jersey City.[13]

Despite the locals saying they would equally benefit from the completion of the Morris Canal, then under construction, the Morris Canal did file a letter to the Legislature on January 11, 1830, that noted their opposition to the railroad project. Feeling that they were aligned into Paterson because of some arm-wrangling. The canal company called the Legislature ignorant of these issues and that the railroad would not meet the same financial efficiency the canal would, despite that the stagecoach being eliminated would eliminate as much as $30,000 (1830 USD) in costs for locals. The Morris Canal and Banking Company also noted that there were protections built into the incorporation preventing them from "undue competition". However, those were written as competition from rival canals. The company used the same argument with the railroad, which would run near the canal. They also objected, suggesting that it would obstruct the flow of the Passaic and Hackensack Rivers.[14]

Those in support of the railroad did respond in the Paterson Intelligencer, noting that their arguments were invalid due to the "undue competition" clause only focusing on rival canalway construction. Noting that, they pressured the Legislature to fall on their side and grant them a charter for construction of the new railroad.[15]

On February 5, 1830, a meeting was held in Paterson where they made multiple official resolutions. The first would note that they wanted the expedience on construction of the new railroad (if a charter was acquired). The second was to note that they denied the claims of the Morris Canal and Banking Company about "injurously affecting the interests." Their notes were to find that the railroad would help benefit the canal. They also noted that they needed a railroad because the winter would provide the cheaper transportation options in winter, when the canal would be out of service at times due to weather. They also assigned a committee to help get the job done.[16]

It would take a third try at getting a charter for the railroad to get a charter from the Legislature. This occurred on January 31, 1831, when the Paterson and Hudson River Railroad Company came into existence. The railroad would have the right to build then operate a railroad from the town of Paterson to a point on the Hudson River.[17] However, the incorporation did not take effect until February 3. Subscriptions to help pay for the new railroad would come on March 2 at the Passaic Hotel in Paterson.[18] The response to the opening of railroad subscriptions was positive, with the $50 shares being overwhelmed. Future Governor of New Jersey Philemon Dickerson became the first president of the railroad.[11]

Construction began on April 22 when the railroad surveyors began planning out the route. This job was completed in June 1831, when they finished surveying the route from Paterson to Acquackanonk along with the route through Boiling Springs (now Rutherford) to the Meadowlands. On July 4, 1831, the ground was broken for construction of the railroad, starting with the terminal in Paterson.[11][17] Brigadier General Abraham Godwin, a member of the town of Paterson group that helped get the Charter,[19] signaled the start with a pickaxe, followed by Dickerson doing the first shoveling. Full construction began on July 11. The new railroad was made of iron tracks and wooden ties with a 4.833 feet (1.473 m) wide gauge.[11]

Construction of the railroad between Acquackanonk and Paterson was completed on May 1, 1832.[20] On May 28, railroad service commenced on the 4.5 miles (7.2 km) long stretch between Acquackanonk and Paterson. Railcars built by J.L. Young and Company of Newark were brought to the area and attached to horses at a barn at Main Avenue and Prospect Street. People as far as Sussex County rode down to look at the new red railroad cars in the barn. The opening was well-attended, with people crowding the platform in Acquackanonk, along with the car steps and the roofs of cars.[20] The railroad, the second ever to operate in the state of New Jersey, was horse-driven, running at a rate of 20 miles per hour (32 km/h).[11] By June 21, the railroad had six trains a day in each direction, starting at 7 am and ending at 7 pm, except for Sunday when it was 6 am to 7:30 pm.[21]

With the railroad operating from Franklin's Crossing (the intersection of Main Avenue and Pennington Avenue in Passaic) to Paterson,[22] expansion was inevitable. Construction continued east through Acquackanonk to get service out to the Hudson River. Service crossed the Passaic River into Boiling Springs in 1832. Construction of the railroad was underway by January 1833.[23] By November 13, the Paterson Intelligencer noted that the railroad would likely open for expanded service to Bergen Hill section of Jersey City around December 1. However, the first train to Jersey City came on November 19, 1833, with regular service commencing on November 24.[24] On October 20, 1834, service was expanded to the area known as Marion Junction and reaching the Hudson River.[25]

In April 1835, the McNeill, a steam engine, reached New Jersey from England, built by Robert Stephenson and Company of Newcastle.[26] It came into service in June 1835, resulting in the mix of steam engines and horse-driven railcars. The steam engine from Jersey City noted that it was an express, only making stops in Acquackanonk and Paterson, skipping Passaic Bridge and Boiling Spring.[27] After a new locomotive, Whistler, was acquired, horse service was discontinued at the end of 1835, with the horses going up for auction on January 9, 1836.[28]

By early 1838, there was local approval and requests to continue the railroad from Paterson to the New York state line. Feeling the demand was there to extend the railroad there to reach the New York and Erie Railroad, which was built through Rockland County.[29] In 1831, after the Paterson and Hudson River Railroad was chartered, a group reached out to petition for a railroad from Paterson on north. The bill was passed on November 30, and a charter was created for the Ramapo and Paterson Railroad. However, no railroad was ever built and the charter expired. In November 1840, a new petition was filed by the Paterson and Hudson River to have their charter amended for an extension to Ramapo, New York. The proposal was them split out into its own company, Governor William Pennington signed the amended charter bill on March 10, 1841, creating the Paterson and Ramapo Railroad. Like the predecessor railroad, the Paterson and Ramapo would have $50 shares, with a capital stock of $400,000.[30] Construction of this railroad began on June 16, 1847, with the survey already completed.[31] Progress was made quickly through 1847 and 1848, with the expectation on February 15, 1848 that the railroad could be opened by July 1.[32] Service on the railroad commenced on October 19, 1848, providing access to the New York and Lake Erie Railroad through Acquackanonk.[33]

That year, the Passaic station, just an old freight car, was moved from its location at Prospect Street to the Road to the Point, which ran along modern day Park Place.[4] This move brought the station in front of the People's Bank Building on Main Avenue, where Cornelius Huyler operated a saloon.[34] This saloon, commonly known as The Tap House on the Hill,[35] also contained a lunch room.[34] Running from owner to owner,[35] the business was poor and Huyler moved on, becoming the ticket agent for the railroad at Acquackanonk.[34] By April 1851, the station was renamed from Acquackanonk to Huyler's.[36]

On September 9–10, 1852, ownership of the railroads, along with the Union Railroad (a New York entity), came under the control of the New York and Erie Railroad via a lease.[37] The Whistler and the McNeill along with 2 other locomotives, Passaic and Paterson, were given to the Erie as part of the deal.[38] By November 1853, the New York and Erie railroad established new 6 feet (1.8 m) track along the line, completed on November 14 through Huyler's. On November 21, 1853, the first train ran between Jersey City and the Erie's terminal in Dunkirk, New York.[39]

In 1854, Albert Speer, a local resident, requested that the name of the community be changed from Acquackanonk to Passaic. The post office in Acquackanonk was known as Acquackanonk, while the railroad station was Huyler's. At a meeting at the Eutaw House on modern-day River Drive on February 15, 1854, Speer brought up his complaints to the town officials, the locals wanted to stand with the name Acquackanonk over changing it to Passaic.[40] However, Speer did get favorable townspeople to sign a petition for the post office to be renamed to Passaic from Acquackanonk. Speer brought the proposal to Washington D.C. and got approval from the post office for the name change.[41] On April 25, 1854, the name change went into effect on the railroad,[7] but not after Speer and a few local residents went and made a sign denoting the new name. Speer changed the signs on Huyler's, replacing it with the handmade Passaic sign. With the railroad, who never protested, and the post office in cahoots on a new name, objection was not raised and the name of Passaic stood.[40]

In 1862, the station, which was still the old freight car, was moved from its location near The Road to the Point to a new location at 578 Main Avenue (from the south side of the crossing to the north side of the crossing at The Road to the Point).[4] The railroad station being at 578 Main helped spur strong development around the area, including churches for five various denominations, new schools, a seminary school specifically for women, and multiple businesses for manufacturing. On June 21, 1865, a new group of lots were sold to help spur development in the city of Passaic around the railroad station and the nearby Passaic River.[42] The station at 578 Main Avenue lasted for six years, as the railroad retired the freight car station on May 10, 1868. On that day, a new railroad station for the Main Avenue stop, opened in Passaic, located at Washington Place.[4] This new station was 70 by 35 feet (21 m × 11 m) and of wooden frame design. The Erie would use this station as a model to develop the Anderson Street station in Hackensack, which was built in a similar way the next year (opening on September 9, 1869).[43]

In 1869, a banker named Edo Kip (1815–1899), originally of Boiling Springs, bought at auction a 10-acre (4.0 ha) plot of land near Main Avenue along what is now the center of Passaic.[44][45][46] There, Kip built his residence after moving from Rutherford, several blocks away from the railroad station on Main Avenue.[46] The center of Passaic was at the time near the river around the Gregory Street bridge.[47] Kip helped grade and open several streets in Passaic, including Madison Street and Elm Place, which both opened in 1869.[48]

On June 21, 1873, Henry Gertie, 21, and Henry Jackson, 25, employees in a local horse stable on Washington Place, returned to the stable to sleep off a night of drinking alcohol. Both heavily intoxicated, they broke out a match to light what was suspected to be either a cigar or a lamp. While attempting to light, the match fell on the floor of the stables and ignited the structure. Six horses were also present in the stable when it caught fire. The fire quickly reached the nearby Acquackanonck House, which erupted, despite the best efforts of local firefighters. When the Acquackanonck House erupted, an alarm was sent via telegraph to Paterson to get help to put out the flames, expected to eat the entire block of buildings. The Erie also assisted, bringing members of one Paterson crew to Passaic by rail, a 6-mile (9.7 km) trip.[49]

The Acquackanonck House was located across from the Erie station in Passaic and caught fire multiple times. The telegraph operator at the station removed his telegraphed from the wall and took all the papers and tickets from the station that he could in case the station became a total loss from the fire. However, it is believed that the station depot's sanded paint protected the structure from burning completely, along with the fact that there was no wind through the area at that time period.[49]

The 1878-built Passaic station, c. 1907–1912

However, the station depot was one of the few, if not only, building saved on that block of Railroad Avenue and Washington Place. Paterson fire crews demolished several buildings to help prevent the spread of the fast-moving fire. The Acquackanonck House was a complete loss, the stable owner, Henry F. Yearance, lost his stable, his two employees (Gertie and Jackson) and his six horses, one of which was a prized colt that he turned down a $1,000 (1873 USD) offer to buy. Yearance also suffered major damage to his Washington Place residence, almost losing his entire family to the flames due to having gone to sleep. Damage from the fire totalled from $60,000–$90,000.[49]

In 1878, the Erie Railroad built a new station depot once again at Passaic. This new station depot, now located at Main Avenue and Lexington Avenue, involved a much larger structure. The wooden station depot had a waiting room of 27 by 72 feet (8.2 m × 21.9 m) with ticket office and bay window of 9 by 15 feet (2.7 m × 4.6 m) facing the westbound tracks. To the west of the waiting room was the restrooms for both men and wome. After that was the baggage room of 48 by 27 feet (14.6 m × 8.2 m) on the east side of the room and 27 by 21 feet (8.2 m × 6.4 m) on the west side. At the west end of the westbound depot was a 38-by-27-foot (11.6 m × 8.2 m) express room. The structure was enveloped by a long overhang that reached out to Lexington Avenue. On the east side of the tracks was a 235-foot (72 m) long open station shelter with a 20-foot (6.1 m) waiting room on the east end of the platform.[50] The depot was moved onto the land owned by Edo Kip, resulting in Kip's land becoming valuable and himself wealthy.[44] The station depot at Washington Place was moved to this location on November 10, 1879.[4]

On June 21, 1880, rail service began once again at the site of the original Acquackanonck station (Prospect Street and Main Avenue). This time known as Passaic Centre station, two trains a day served the new stop at Prospect Street. While serving as an extra station in Passaic, the hope was that the Passaic Centre station would end up serving as the new main station in the city.[51] This station was also preceded by the addition of a station at Harrison Street c. 1875.[52]

Attempts began in the late 1860s to build street-based railways in the city of Passaic. Two failed proposals included one in 1869 that was to go to Paterson and one in 1870 to Lodi. While the New Jersey State Legislature approved the incorporations of these horse-drawn railways, neither were built.[53]

In 1887, the Passaic, Clifton and Garfield Electric Railway Company was established to run a new electricity-based trolley service through the eponymous cities. This new railway completed in the city of Passaic in 1888, marking the first electric trolley line built in the state of New Jersey.[53] The railway began operation of electric street cars in Passaic on July 26, 1890. (Bergen County prevented service from crossing the river into Garfield and the rails had not been built yet into Clifton.) Service began at Harrison Street and ended at the Wall Street Bridge over the Passaic, where it would reach the city of Garfield if approved, costing five cents.[54] This service would run up Passaic Street to Main Avenue, where it would run to the city line and Harrison Street, servicing the Erie depot.[55] After getting consent from Judge Seba Bogert to allow the electric railway to build through Clifton, they bought rights-of-way for the old horse-drawn service through Paterson.[53]

In 1894, the city approved an ordinance providing that allowed the Passaic, Rutherford and Carlstadt Electric Railway to build tracks through Passaic. This new railroad would also reach the Harrison Street terminals used by the aforementioned railways.[56] This railroad, which passed the main Erie station on the north side of the tracks, came off Madison Street at the Lexington Avenue junction, providing service to Paterson, Rutherford and Carlstadt.[55] This railway would become known as the "White Line" due to their white railcars compared to the red ones of the Passaic, Clifton and Garfield Electric Railway. The company would rebrand itself as the White Line Traction Company in 1898 as a result. The system would be sold to a conglomeration firm known as the North Jersey Traction Company in 1899.[57]

That same year, the city approved another electric railway, this time the Passaic and Newark Electric Railway. This new one would run past Passaic Bridge and Prospect Street stations before reaching the Erie main station via Main Avenue.[58] After struggling to get through Nutley and Belleville due to construction, the railroad was finished, but would also soon end up under the control of the North Jersey Traction Company.[59]

At 2:01 a.m. on December 22, 1926, the passenger station at Passaic exploded and caught fire. A total of six painters were working on the station, removing varnish on the walls and had been for the previous two days. The varnish remover, highly flammable, filled the depot with an invisible gas that ignited when one of the painters knocked out an incandescent light. The filament in the light bulb met the gas and caused an explosion. Three of the four painters were seriously burned, one of which was critical. A construction inspector employed by the Erie Railroad, Harry Hummer of Allendale, also suffered injuries from the explosion. Hummer ran down the tracks with his clothing aflame. Two taxi drivers, Raymond Kasan and John Coco, was able to catch Hummer at the grade crossing on Monroe Street. There, they removed his flaming clothing and doused him in motor oil. Kasan and Coco rushed Hummer into a taxi and went to Passaic General Hospital.[8]

Another taxicab driver, William Rogers, saw through the screen window that the night ticket agent, Ray Osborn, was trapped in the burning station. Osborn could not get through the door to the aflame waiting room. Rogers bashed the window open while James Tosh, the night clerk at the nearby taxi stand, jumped in and helped Osborn out through the window. Osborn suffered a cut from the building on his way out the window. After getting Osborn out, Tosh grabbed $600 (1926 USD) from the station and gave it to the police. Rogers, Tosh, along with the manager of the taxi stand, Edward Koplow, also worked on getting the three injured painters to the hospital. They found George Leginos, one of the painters, on the floor in the burning waiting room and was taken to the hospital by taxi.[8]

The sound of the explosion was heard at the Passaic Fire Headquarters nearby, and when they arrived, they found all the windows and doors blown out and flames shooting out of all directions. Before the alarms were even rung to get engines moving to the station, several trucks had already left the premises to respond. They started by washing the flames at the baggage room to prevent further expansion when their Chief arrived on the scene. This was to ensure keeping the baggage room and nearby Railway Express Agency, attached to the depot, from catching fire with the rest of the building. These efforts were successful, as the Railway Express Agency only suffered an inch of soot from the flames and ashes of the flaming depot. The stationmaster, Lee C. Bailey, arrived in the morning with a contingent of Erie officials to save anything salvageable from the baggage room, Express Agency and the ticket office.[8]

The flames were finally put out around 6:00 a.m. Trains coming from Pavonia Terminal would drop their passengers off at the Jefferson Street crossing, then move slowly through the wreckage site. For trains heading to Pavonia, the trains would pick up or discharge passengers at Monroe Street. However, no trains were affected by the explosion and service ran as normal during the four-hour period. Damage was totaled at around $15,000, $10,000 of which was the wooden station depot and $5,000 for the contents inside. All personal belongings to those inside were burned up, and those sent to the hospital were given new clothes.[8] By that evening, the Erie began the process of converting the small waiting room on the westbound side of the tracks into a new temporary agency for the ticket staff to work with.[60] By December 24, the condition of the severely burned Leginos began to improve.[61]

With the damage to the depot including a collapsed roof and charred wooden beams, there was hope that the city of Passaic would finally get a better station than the one that burned. However, the Erie Railroad noted that there were no plans to replace the station outright. Residents of the city felt the wooden depot, built in 1878, was an eyesore and given the opportunity, a new station would improve the neighborhood. The Mayor of Passaic, John McGuire, noted that he would pressure the Erie Railroad to replace the building. McGuire, imagining a station similar to Ridgewood, wanted the Erie to produce the best station possible.[60]

Frank Ackerman, the Passaic Buildings Supervisor, served the Erie Railroad with a notice that the depot would have to be demolished and replaced with a brand new structure, despite the Erie's wishes to just rebuild the charred building. Citing a city ordinance that any building declared a 50 percent or more loss after a fire would require replacement over rebuild, Ackerman noted that the railroad would not be given a permit to rebuild the station as it currently stood.[61] However, the Erie remained steadfast in their interest to rebuild the depot in its current condition on Main Avenue. By December 29, Ackerman had sent the railroad a letter explaining his stance and the ordinance. Ackerman noted that while the two parties, both dug in their heels, sorted this out, the station depot would remain in its current condition. However, Ackerman also noted that he had the ability to have the station demolished on his request as a problem of blight and would do so if necessary.[62]

Digging even further, the Erie Railroad decided by early January 1927 that they were going to try to get Ackerman's order removed by going to the Passaic City Commissioners. Ackerman, while never notified about the Erie's decision, did write a stern letter to the railroad noting the city's stance and the ordinance that he was making the decision.[63] The appeal occurred on February 1, 1927. There, W.J. Rider, an official of the Erie railroad, requested permission to repair the depot. McGuire, representing the city and its Commissioners, noted that they would like better plans from the Erie on what they planned to do in this rebuild. McGuire also requested that Rider go to the Passaic Chamber of Commerce, who created a special committee for the purpose of discussing the new station.[64]

On February 28, the Erie Railroad and Ackerman came to an agreement in the months long dispute over the renovation. Ackerman submitted a permit that would give the depot masonry walls over the previous wood ones, with tile and stucco on the outside of the building. There would be new windows, doors and floors, along with newstrooms and the replacement of the canopies. They agreed to a $9,500 deal, $5,000 of which would be provided by the Erie.[65] Ackerman announced a couple days later that the new station would be brought into fire code complaint to modern laws, and this rebuild would involve everything but the foundation, meeting his earlier requests. Ackerman also told the press that the work would commence quickly.[66]

However, by early June 1927, no construction on the rebuild had even started. The Erie announced that it was going to meet with Ackerman and the Commissioners because the permit that the latter had provided, came with an expiration date of June 25. The railroad did not specify what the exact issues were, but were ready to talk with the city.[67] The meeting, held on June 16, was also to discuss the concept of depressing the railroad tracks through Passaic. The project, which would cost $2 million, completely collapsed at that meeting. The new mayor, John J. Roegner, threatened that the city would build a new station by itself, and charge the railroad for the costs if the railroad did not agree with their demands on eliminating the Main Avenue crossings.[68]

The representative from the Erie Railroad, George Fanning, noted that depression through the city of Passaic would not be attempted or considered due to the depth of the cut required, causing stores and residents to be affected by smoke and gasses. Fanning noted that if the railroad were electrified, then they would consider the depression concept. Fanning also reiterated that the railroad had no intention of installing electrical systems at that point in time. His response that the best approach would be to elevate the tracks through Passaic and would cost about $4 million, to be considered after their work would be done in nearby Paterson on elevating tracks. Fanning did note that there would be near zero chance of that as well unless the city wanted to pony up at least half the funds for the track elevation. With residents concerned how the elevation would work, Fanning noted they could do similar to the nearby Delaware, Lackawanna and Western Railroad at Van Houten and Passaic Avenues and make artistic walls.[68]

The June 16 meeting got heated when the discussion came to the still ruined depot on Main Avenue. Despite the permit being acquired from Ackerman, the city had yet to give the go-ahead to allow construction to begin. The railroad felt there were problems with allowing construction of a new masonry depot at Main Avenue, if plans existed to just build elevated tracks, because that building would have to be demolished for the elevation, requiring a new station be built again. Roegner, feeling that the railroad had been "kidding us for fifteen years" stood his ground, accusing the railroad of doing nothing and making the aforementioned threat to build the station himself, whether or not the railroad wanted to.[68]

Standing in their heels once again, Mayor Roegner announced the creation of a 16-member committee to discuss all things pertaining to the Erie Railroad in Passaic in early July. This would include the grade elimination, the deteriorating passenger station and issues with the plaza itself.[69]

Fanning wrote a letter to Roegner within a week noting that they wanted to get started on the new building and willing to start immediately on construction. With the old permit expired, the city did not want to give the railroad a new permit because of Ackerman's issues. The ralroad also chose to stand its ground in that it would not build a new station, which Ackerman would prefer. The railroad still felt that the building was not a 50 percent loss as claimed and felt the rebuild would be sufficient. Fanning cited the insurance estimates, which came out to $4,024.48 in damage (a reduction from $4,208.60 originally estimated), meaning it would not reach 50 percent of the original $9,500 value of the depot. Fanning also argued that the ordinance Ackerman was using, noted that the railroad could use a clause that reconstruction would be allowed under 50 percent damage.[70]

However, in a blow to Ackerman, the committee appointed by Roegner decided in favor of the railroad. Herman Schulting Jr., a member of the committee, noted that progress with the Erie Railroad had been made, but that no permit would be given until the Commissioners met once again to discuss the current proposals. Schulting asked Roegner if a committee's decision would set a precedent in terms of overruling the city ordinance. Roegner responded that exceptions would only be considered in the current situation. Ackerman felt that the city was allowing the railroad to ignore new building codes and disappointed that the committee felt it was fine to waive the regulations. Ackerman noted that the building ordinance would allow a proper building with masonry walls over a frame station and reiterated that the rules allow the city to force the railroad to do what they want. Ackerman also disputed the idea that the station was not a risk to more fire, noting that embers from the train would easily put others at risk once again.[71] The committee also instructed the secretary to draw a resolution that would be presented by the Commissioners noting that the decision would not interfere with possible future elimination of the grade crossings. Schulting noted that the entire decision for the Commissioners is based on deciding between the final insurance amounts or Ackerman's estimates. Roegner noted that the Commissioners would give it thought and be ready to make a decision on July 26.[72]

At the meeting of the Commissioners on July 27, with Ackerman in attendance, the decision was made set aside the report of the committee. The Commissioners agreed to investigate further and hold yet another conference later. Ackerman's protest felt that the city would be providing a permit in complete contrast to current zoning laws. Roegner agreed with Ackerman that they should force the Erie Railroad to give Passaic a new station instead of rebuilding the old one.[73]

At that meeting however, the decision was made to move this into the hand of Dr. Joseph J. Weinberger, the city attorney. By doing so, the city of Passaic ordered that the old station be demolished within five days. Ackerman signed the letter that served notice that it would be open to getting prosecuted. Weinberger told the railroad that if they did not comply, he would file charges with the police about violating the building ordinance. He also threatened that he would continue to do this until the nuisance was taken care of. Weinberger noted that if that did not work that he would appear before a prosecutor and have the railroad indicted. Finally, Weinberger also noted that they would appeal to the Public Utility Commissioners and the state would take over prosecution.[74]

The railroad did not comply with Weinberger and Ackerman's order. On August 3, the police served warrants to the Erie's agent in Passaic along with the company offices in New York City. Police from the respective cities each delivered the warrants. Weinberger, citing Section 188 in the city building ordinance, noted that the railroad continued to maintain a "public nuisance". This warrant served noted that the railroad needed to appear in front of the city police court and Judge Louis Crowley on August 9 to explain their inaction. If the Erie disregarded the warrants, Weinberger stated that the city would then give Ackerman and his workers permission to demolish the building at once unless the railroad attained an injunction to prevent the work. Weinberger felt the decision to have warrants issued was necessary to strong arm the railroad into complying. However, in the face of the warrants, Erie workmen were spotted on the roof of the depot removing shingles from the roof. However, it could not be proven immediately if the railroad was doing this because they decided to comply with the order or if they wanted to go ahead with their own plan of rebuilding the station as they wanted. Noting that it was not the first attempt to try this, Ackerman would be asked to stop them from continuing this work immediately.[75]

State Attorney General Edward L. Katzenbach's office noted to Weinberger that there was no requirement to run to him for the demolition of the depot but to work with J. Vincent Barnett, one of the prosecutors, to see if there were any objections from a criminal standpoint. However, Weinberger noted that city photographers were at the station doing photography for evidence in the case before Erie officials chased them off the property.[76]

The warrants did get the railroad to budge. R.S. Parsons, Vice President and Chief Engineer for the Erie Railroad, worked out a deal on August 10 with other officials to allow the construction of a new depot. Erie officials, along with their attorney John Selser, inspected the remains of the burned-out structure. The day prior, Selser defended the Erie's inaction to Judge Crowley. With a deal reached between the parties, Crowley adjourned the criminal proceedings for a month. Ackerman then issued a demolition permit to the railroad to remove the depot, which would begin on August 15. Parsons noted that the railroad was ready to build the new station. Weinberger, while declaring victory in the case, noted that it was his legal opponent, Sulser, who deserved the most credit for a deal being made.[77]

With the railroad committed to building a new depot, new plans would have to be drawn up instead of the ones used for the failed rebuild. The first proposal in September 1927 resulted in rebuild of a new depot, but no replacement for the Railway Express agency building, which survived the fire. William Margolis, the owner of a local billboard company, circulated a petition to have Railway Express Agency building replaced as part of the construction work. Margolis led the effort by using electronic signage in downtown Passaic, drawing up and spreading the petition, which had attained numerous signatures by September 6. This petition was forwarded to the Passaic Board of Commissioners to be reviewed.[78] Margolis also formed a new committee to inspect the plans by the Erie. Working with Ackerman, Margolis and the committee demanded that the Erie rebuild the Agency and the shelter on the westbound tracks for commuters. In response, he also hosted a conference at the offices of Max Epstein, a real estate agent, on September 10.[79]

At the meeting on September 10, Margolis' committee, Ackerman, Roegner and Epstein, along with the architect supplied by the railroad met to discuss the issues. The new depot would be of stucco construction in a similar design to the old wooden depot that burned. The committee asked that the shelters, baggage room and Railway Express Agency building become stucco and painted to match with the new depot. Margolis noted that the railroad was open to "reasonable demands". The committee also suggested that a ticket offie be built on the westbound side of tracks, along with an expanded shelter room close to Monroe Street. There was also discussion on how to handle the pavement around the station on Main Avenue and the committee requested improvement there as well. Roegner noted that the Commissioners would not approve anything until the committee signed off on the plans.[80]

Concerned, Roegner promised Margolis that the Commissioners would do all they could to make sure Margolis' committees concerns were met on a fair discussion level. Margolis, meeting with the Commissioners on September 13, was given the assistance of Commissioner Benjamin Turner, along with Ackerman and Weinberger to sit in on meetings with the railroad. However, Roegner noted that the Erie has some rights over the city that they could use for their own benefit.[81]

The meeting with the final plans up for discussion would come on September 28. At that meeting, Parsons promised the committee that the entire station complex would be replaced. This now included refreshed shelters, roadways, and baggage room. Parsons noted that full designs were filed with Ackerman to ensure this would happen. The baggage room would be rebuilt, the shelters would be repaired and repainted to match the depot. The roadways and approach at Passaic station would be resurfaced as well. Due to American Express maintaining the Express Agency, there could be no promises made on its replacement. Parsons did offer that the railroad would join up with Margolis to convince American Express to let that be rebuilt. Margolis noted he would begin discussion immediately.[82]

One final, but minor, dispute came between Margolis' committee and the railroad in October 1927. Margolis, concerned about the lack of progress on getting construction started, reached out to Parsons through his assistant. The assistant told Margolis that the bids for the new Passaic station were higher than the railroad had budgeted for the project, and as a result, they had to talk to the executives for extra monetary funds to build the station as Margolis and Parsons had agreed to. The assistant noted that the matter was basically settled and the railroad executives would soon give their go-ahead. Margolis did tell the assistant that they wanted construction started before the winter started.[83] By November 12, a bidder had been selected, the J.J. O'Leary Contracting Company of Passaic. The Erie had not yet signed the contract with the company, but it was expected that if the contract was signed within a week that the construction would start without any further delays.[84]

Construction wrapped up in March 1928. On March 9, the new station depot in Passaic opened for business. The depot, painted with white stucco and a green finish, with mahogany seating for passengers. The new station contained eight individual telephone booths in the waiting room, which gained a tile floor. (The previous station was a wooden floor and had only six booths.) The station's older sections (not damaged by fire), were given the new fresh paint job to match. Lee Bailey, the station agent when the fire occurred in December 1926, continued to be in charge.[5][85]

In March 1913, the State Legislature and the Public Utilies Commission approved new state guidelines and rules for getting financial help in eliminating railroad grade crossings. Under Chapter 57 of 1913 laws of New Jersey, municipalities would be required to petition for, produce and present a report explaining why they need grades eliminated. In this report, the municipality would be required to denote which crossings are of urgent matter and why; what kind of protection they requested for these crossings; explain any obstructions, pedestrian, vehicle and train traffic at crossings; the speed of trains at the crossing and distance from other crossings; stating the name of railroads and street railways that use the crossings; the existence of various utility and telegraph/telephone lines at the crossings. The Commissioners said priority would be given to those willing to do this full report and petition.[86]

Passaic wasted no time applying for the petition to get help with grade crossing elimination. They managed to get their official petition to Trenton within hours ahead of Paterson, who also did the same thing. As a result, Passaic won the right to have their petition heard first. Their petition was focused entirely on the Erie Railroad's crossings only.[87]

In April, the city released the report to the public and submitted it to the Commissioners. Their determination was that the Jefferson Street crossing, at the east end of the Main Avenue depot, was the busiest in the city. On April 5, 10,089 pedestrians used the crossing. Two days later, on April 7, 1,453 vehicles were tallied to use the crossing. At Monroe Street nearby, 4,749 pedestrians used the crossing, with 1,432 vehicles; at Harrison Street, 1,955 pedestrians and 457 vehicles; at Passaic Street, 5,594 pedestirans used the crossing, 1,182 vehicles and 152 trolleys; and at Washington Place it was 7,797 and 850.[88]