The New York herald., 1870-12-18
NEWARKS PAVEMENT PUZZLE.
An Important Question Before the
Supreme Court.
Are Broad Street Property Owners Liable s-The
South Broad Street Nicolson Sob"

At last the somnolents OF JERSEYS chief city
tutIng some decent pavement in lieu Of the villain
GUS coDble stones which have for years disgraced
such noble avenues aS Broad and Market streets
the former being OF the widest and finest thor.
oughfares In the world. 1t not I'LL 1853 that the
lively, cnterprsng % people Of ''our towne on the
Pasayak would even agree the cobble stone busi-
ness Rather than saddle the cost they preferred 10
let Broad street continue to be at certain seasons OF
the year regular mud canal--such as 1t was on the
memorable day
WHEN KossUrH VISITED NEWARK.
On that day the city authorities had TO use great
care In saving tho carriage Of their distinguished
visitor from being regularly swamped IN the puddle,
which, IN places along the street. was several
feet deep. AT another time, with q view 10 shamng
the community into removing the disgrace, a boss
carpenter named Isaac Baldwin, procured boat
nearly five feet long and
SAILED UP MARKET STREET,
lust as the coal barges now do on the Morris Cana,
the motive power being the same-horses. In the
year named tho thoroughfare was paved with
conble stones. Within year or so the Legislature
Of the State passed an act authorizing the Guy oi
Newark TO
REPAvE ANY PORTION OF BROAD STREET
with such pavement as majority OF property own
cTs along the line OF the street might desire. Pet-
ions were circulated among the property owners
between Market street and the canal bridge q
distance OF about three ordinary blocks, and the
proposition to pave with wooden blocks, according
10 the Nicolson patent agreed TO. The work ID que
time was accomplished. Now comes the question,
'swHo Is TO PAY THE PIPERW
The city through It's wise noble and self-sacrlnc.
Ing City Fathers. mad contracted with the pavement
company to do the work, ana expected that what
ever the cost might ne The property owners woud,
OF course, make good. The city paid the bill bnt
when the assessments were made out and proceed.
inQS taken to enforce payment OF the same large
number OF the property owners sbected, ana iast
the Supreme Court Of the State Of New jersey then
In session at Trenton, for the allowance or
WRIT OF CERTIORARI
OF the Court was asked relative TO the question
whether by the constitution and tne law OF the state
such were eomsttlona ana aW ssnrn OF
the same at the November term OF court the case
was fully argued by Thomas N. McCarler, counsel
for the property owners. and Courtandt Parker ana
N. Perry, Jr., for the city. The
DECISION OF THE COURT
has not yet been given, but is expected TO be on an
early day. The greatest anxiety is elt In the matter
as this involves great consttutional questions
OF taxation, and will determine how far legislation
payment OF paving streets again which had pre-
Wously been paved at their expense.
that any such system OF taxation Is unequal and
unjust and, while they do not deny the rights OF
cities repave any street, they insist nevertheless
iorasmuch as the benefit is to the whole city and not
exclusively for the few property owners IN the I'M
mediate vicinity OF the Improvement.
On Friday night the gentlemen whom Dr.. Abram
Coles, Newarks weu known poet physician, has
styled
THE "CoUNCILNAEIC PILATES"
at their regular monthly meeting, and after long
and animated debate passed the ordinance by o
vote OF sixteen to six authorizing the pavement OF
South Bread street with Nicolson. This they did in
view OF the fact as srenuOusly argued Dy selid Dan
Baker, that a large number OF the property owners
along the line OF che street, while strongly In favor
of stone or other pavement, are utterly opposed to
a wooden one, more especially Nicols6n.