The Newark star and Newark advertiser. [volume] (Newark, N.J.) 1909-1909, 1909-10-08
PARKWAY DRAM IN
EASTORANGE BASIS
OF BIG PROTEST
Winthrop D. Scarritt Threatens
Injunction, Claiming Assess
ment Plan Is Illegal.

Winthrop d, Scarritt surprised resi-
dents of the Hyde Park section OF las
orange last night when he
his intention to obtain a restraining
order against the city in case the
South Parkway drain vas put through
despite protests. Mr.. Scarritt had petit
toned for the construction Of the drain.
He stated at the meeting of the Assess
ment Commission when the protests
were filed against the assessments
levied on persons along the course OF
the proposed improvement, that ccord
ing to the method used he was not
assessed enough, and while he did not
have much cause for complaint he VIII
have his lawyer get out a restraining
order to help the other protestants.
The Hyde Park delegation that APP
peared at the meeting was a large ana
determined one. The members made the
claim that the drain was being put
through in violation of the city char
ter; hat the net cost Is In excess OF
the amount members of the City Coun-
Gil said 1t would be. and that 1t was
their intention to repeal the ordinance
should the assessments be highr; that
the drain is not needed and will be of
no assistance, as the section Is suf1i-
GENTLY drained now, and has been for
the past ten years, and because the as
sessments are out of all proportion and
reason to the benefit that might be
obtained. Chairman Stephen w. Ough-
eltree, of the commission, after the
communication was read, stated that
the cost of the drain will be approxi-
mately SCI, 1S4.24.
Chairman Edward S. Pierson, of the
City Council, declared the commission
nae acted legally in making the assess
ments on the property owners. as the
city charter gave the Council the power
to place an improvement in any part
of the city, even though the ground
involved is owned by the Park Com
mission. Assessments were levied, he
said. for actual benefits secured and
this contention Of City Attorney Jerome
d. Gedney was upheld by other promi-
nent lawyers.
Mr.. Scarritt raised the point that III
and David S. Walton had decided strips
of ground facing the Parkway to the
Park Commission, and it was the UNI
Outstanding of all hat the commission
would forever care for the ground and
by the transferring of deeds become the
owner. Mr.. Scarritt could not see why
the Assessment Commission had skipped
the thirty feet he had given to the Park
Commission and then assessed him for
ground in the rear. Other property
owners said they, too. had a similar un-
Outstanding with the Park Commission
Mr.. Scarritt made a claim that the
Parkway was a benefit to the entire
county and used by them and it did not
seem fair to assess the cost of improve
ments on persons who happened to live
adjacent to the thoroughfare. r. w.
glusser insisted that the drain would be
of no benefit to the property-owners, as
the existing one satisfied all demands.
He understood no arrangement had been
made with Newark for providing an
outlet. but MI. Ougheltree asserted that
this arrangement had been made and
will cost East Orange s4.7o5. Mr.. Slus-
ser said that City Engineer Frederic
Reiner had not told the Hyde Park
residents anything regarding this agree
ment at the various conferences held.