The Morris County chronicle. [volume] (Morristown, N.J.) 1877-1915, 1904-07-05
TOWNSHIP COW.
vs.. TRACTIONCO.
A Hearing Before the Morris
Township Committee on
Trolley Franchise.
ORDINANCE READ AND PASSED

tion Co. for a franchise on Speedwell
avenue, was held on Tuesday evening.
a resolution was passed to clear a lit
tie obscurity as to the position of the
application Of the Delaware Valley
Traction Co. for the Water street
franchise. That application will come
up at the August meeting.
A revocation Of the Garfield consent
for property on Speedwell avenue was
filed. Two petitions were read in
favor of the line, one the same as pre-
sented at the former meeting, and q
new one signed by one hundred and
ninty-five persons many of them 10
Gated at the State Hospital.
Clerk Jameson read new ordi-
nance granting the franchise. II pro
vided for eighty pound side girder
rails, five incandescent lamps to be
placed on Speedwel1 avenue within
the township, for matchmaking and
maintaining the roadway between the
tracks and ten feet outside at the ex-
pense Of the company and for sprink-
ling the road.
Rates of fare we're fixed at five cents
to any part Of Morris township or Nor
ristown and west up to and including
the borough Of Rockaway, children
under six to be carried free and any
person attending school half fare.
Chairman Miller asked Counsel J. M.
Mills if the filed consents were all
regular, and he replied that they were.
Gordon e. Sherman then took the
AeeF and teek up the matter of con-
Sents. The Church he said gave a
valid consent for the property on the
west side OF the road, but tine premises
held on the east side were purchased
for the improvement of the neighbor-
hood and decided to the church only in
trust, for certain objects and a valid
consent cannot be given,
The Garfield consent was given four
years ago and has been revoked. The
consent for the Fairchild property has
been discussed and he claimed was not
good. Even without considering the
Fairchild property, the company has
not the necessary fifty per cent. and
has no standing before the committee.
Counsel Henry Young said the peo-
pie he represented propose to prevent
the construction Of the road. The OBJ
jections made are insuperable. He had
often advised boards that consents
may be revoked up to the time of final
passage and the Garfield consent is
out OF the way. The consents are not
sufficient in law to authorize the COM
mittee to give franchise.
3. X. Mills followed with message
from f. Fl Humphreys that the latter
was about to embark in large real
estate deal Of great advantage to the
township but would not if the trolley
is built on Speedwell avenue. Mr.. Mills
also stated that John Clafiin is also
opposed to the scheme and expected
to be present at the meeting.
He had seen Mr.. and Mrs. Garfield
in Philadelphia, and found that the
original consent was given because
Leander Ford had told the Canfields
that everybody at the Plains had al
ready given consent, especially naming
some Of their relatives who had not
given consent. The consent was not
in proper form anyway.
An anonymous letter signed citi-
zenn was introduced at this point and
read 1t was In favor Of the trolley.
Ex-Judge Cutler representing the
trolley company took the floor and de-
clared the Canfield consent was in
proper form and the revocation was
too late to be Of any use that f. S.
Smith had legal right to sign for the
Fairchild estate, and that the Church
owned the lot across the street from
the church edifice and despite what
agreement might have been made
when it was decided had the right to
give consent. He said the people Of
Morris Plains want the trolley and
called the attention of the committee
to the fact that e. K Mills went to
Philadelphia to get the Canfields to
revoke their consent.
There was some further discussion
as to legal points at issue between the
members of the bar present.
The committee took up the ordi-
nance and passed it on first reading.
Chairman Miller being recorded in the
negative and Committeeman Clark re-
serving the right to change his vote
on the section concerning the running
of cars, He says he will not vote for
provision requiring the corporation
and more particularly its employees to
work on Sunday, as is required by the
section in question.
TO Mark Revolutionary battlefield.
9. III. X. Halsey and j. Symus Kig-
gins, Of Elizabeth, and Rev. William
Hoppaugh Of Springfield, have been
appointed commission to arrange for
placing the Monuments marking the
Revolutionary backgrounds in Eliza
bnths Cnnnecficuf Farms and Snrino-