Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1912-06-21
EDUCATION BOARD
PUT IN QUANDARy
Decision Sets Aside Resolution
Under WHICH Sohoolhouse
Is Erected.

AS a result of a decision handed
down yesterday by the Court of Err
rors and Appeals of this State a pc
culiar condition exists in Kearny.
The Errors and Appeals Court has
deereed that the resolution passed
last October by the Kearny Board of
Education in which the American
Concrete Steel Company was award
ed a contract to erect a schoolhouse
at Belgrove drive and Woodland ave-
nue., Kearny. be set aside.
The court holds that all bidders
were not made acquainted with the
specifications in their entirety be-
cause the Board of Education allowed
bidders to furnish full and com.
plete plans and specifications showing
the method of construction" This Is
a new turn in the fight that has been
waged against the school board by
the. Citizens and Taxpayers Associa-
tion of the First and Second wards,
Kearny, in an attempt to prevent the
erection of a concrete school build
ing. The building Is two-thirds COM
pleted and several payments have
been made by the school board to the
construction firm,
In. beginning It's war upon the
school authorities the ward associa-
ton commended that there had been
collysion among bidders. They main
tain6d the board had paid for the
drawing of plans and these had been
placed in the town hall and contract
ors notified TO that effect. 1t had
hoap e~n~arollxr tnlar0ta01 chat thu
new school would be of brick and
stone. The, concrete people, 1t Is con-
tended, submitted plans and estimates
for the erection of a concrete build
ing, and they subsequently received
the contract.
Much dissatisfaction was forthcom-
ing from residents of the section of
the town where the school was to be
constructed, Committees waited on
the board and argued against a con-
crete structure. Walter Brookes and
John Kay. both members of the edu-
cation body. fought against the con-
crete building, but they were In the
minority. When the contract was
finally awarded the First and Second
warders got together and engaged
Prosecutor Pierre p. Garven to secure
a writ of certiorari to have the
boards act in awarding the contract
reviewed. Supreme Court Justice
Francis Swayze, to whom application
was made for the writ, refused to
grant 1t.
It was then decided to take the
matter to the Errors and Appeals
court, and Mr.. Garven. together with
former Supreme Court Justice Gill
bert Collins, were instructed by the
association to continue the fight. A
few months ago notice was served on
the school board by the association to
the effect that the question had been
submitted to the higher court and the
board was requested to withhold pay
ments from the concrete people. The
same night a payment was ordered
by the board.
With the exception of President
Gerrish Newell and Mrs. Pamela Il.
Eakens, the board that was In power
when the contract was let is now out
of office. The present board was APP
pointed by the mayor at the begin
ming of this year. James Allen,
president of the association, when
told of the decision last night said:
Il feel quite elated."
President Newell, when seen late
last night. would make no statement.
Mr.. Newell admitted, however, the
contract had been awarded on the
advice of Edward Kenny, town coun-
sci. Mr.. Kenny represented the board
In the fight in the errors and appeals
court, and Robert H. McCarter looked
after the interests of the constitute
ton people. Mr.. Kenny would make
no statement last night and Mr.. NC
Carter could not be located.
Just what the next step will be
could not be learned last night. The
| citizens and taxpayers association
will meet tomorrow night in
G~reatorex's Hall, Kearny, and dis
cnSs the matter.