Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1913-12-02


public prior to New Years Day. The
railroad committee has been offered
this proposition by the Lackawanna:
The city of Orange must pay so per
cent. of the damages to AUDITING
property owners by reason of the pro-
posed elevation of the tracks. in adj
dition to the expenditures allowed by
the Fielder act for changing sewer,
water and other pipes owned by the
city In streets where the railroad now
crosses at grade and for the resurfac-
ing. tagging and curbing of the road
ways disturbed by the traekage
changes.
The railroad engineers, who have
made a map of the proposed eleva-
ton, with new depots in Orange and
the Valley, figure on closing five
streets. and claim the damages to
AUDITING property will not total more
than 1000. The city representatives
will not allow the streets to be closed
and have doubts about the estimated
damages. They have proposed to the
railroad officials that they will pay
so per cent. of the damages II the
railroad will guarantee in writing
that these damages will not exceed
SEQ, 900. This arrangement would cost
the city 10000 In addition to the
expenses for recurbing. retiagg1ng
and resurfacing the streets.
Sentiment Against Sharing Expense.
Despite the action of the majority
of the Orange Board OF Trade IN
urging that Orange help the Lacka-
wanna to pay for its proposed i'm
provements, in addition to meeting
the Fielder act expenses, growing
sentiment is rapidly forming In Or
ange against the city paying more
than the Fielder act allows and II
the council prepares an ordinance
agreeing to help out the Lackawanna
by giving it $4,000 or any other sum,
the sentiment opposing that gener-.
osity will find expression In q pubic
meeting.
Postmaster Edward S. Perry, of the
Board of Trade, and a number of
other wel-known public men have
declared their opposition to an pay
ment by the city and have called at
tention to the pledge Of the officials
now in the council not to bind the
city to any payments. The Fielder
act, the opponents say, went far
enough, and they refer to the char
ter and other legislation giving the
railroad company the franchise for
their lines as placing the burden for
improvements and tracka2e changes
squarely upon the corporations. Tho
councilmen have informally approved
the payment of part of the damages
for the changes. as a concession, and
both sides in the coming controversy
are preparing to make n vigorous
fight.
Speaking informally to some
friends last night Chairman Condron.
of Orange railroad committee. voiced
the feeling of his associates when he
said that the council must face the
problem square and when they get
what they consider favorable terms
go ahead and act The railroads
have insisted they do not want to
negotiate under the Fielder act be-
cause they propose to contest its
legality. It is significant however.
that in the negotiations with the Or
ange committee they accept the
spirit of the language contained in
the recently signed measure, which
puts the burden of street and pipe
line changes on the city.
Mr. Condron. in his informal talk,
did not seem to think that 1t was a
certainty by any means, however,
that the present negotiations are to
Immediately lead up to an agree
ment, and in any event there will
not be sufficient time for passage by
the Common Council this year of the
ISQulIcu OIuindnCeS anu aSTNcIutntS.
so the matter will be up to the 1914
body for final action.
May Ask for Referendum.
AS having a direct bearing on the
moral issue involved, a study of the
legislation under which the Delaware.
Lackawanna and Western railroad,
foreign corporation, operates the
line through the Oranges shows that
the Legislature has ever sought to
make the railroads finance their own
improvements. The charter passed in
1895, giving the Morris and Essex
road the right of way and franchise
was specific in declaring that the rail-
roads duty is to construct and keep
| In repair bridges or passages over or
under the tracks, so that there shall
be no impeachment of travel, and this
extends even to the farmer, roads in
tersecting the railroad line. Where
the railroad fails to provide safe
passage the public may do so and re-
| cover the cost from the company
1t is further provided the railroad
shall do no unnecessary injury to
private or other property. When,
two years later, the Sixty-second AS
sembly In 1887 gave the railroad COM
pany power to deviate from its orig
inal line it expressly provided that
inns ppWtT SH1Ii DE SO
as on any occasion to limit the right
of any individual or individuals to
demand and recover damages for any
injury sustained in consequence OF
such deviation or change" This Ian
guage figures In an amendment which
allowed the railroad concern to Dor
row money and for other purposes.
When the Legislature In 1869 allow
ed the ID. L. & w to take over the
line 1t insisted that the company
must operate the road ain all respects
and not otherwise as authorized in
the act" Incorporating the Morris and
Essex, and in the supplements there
to. Another interesting section in
the laws of 1851 allows the use OF
steam only as a motive power. 1t has
been suggested that the Lackawanna
may desire to electrify the section to
some point west, probably Norris
town.
Councilman Patrick a. Quinn, who
stands pat on his decision to vote not
dollar to the railroad company said
last night he would demand a refer
endum submitting to the people the
question of paying any money to the
damages cos. as sought by the rail
road. He also called attention to the
Fielder act provision whereby the city
fathers may petition the Public Utilf-
ties Commission under the Fielder act
to get after the death traps, especially
the Cone street crossing. where the
Crosstown trolley line passengers are
In danger by reason of both lines
crossing at right angles and at grade.
That public sentiment will force this
appeal to the Public Utilities Commits
sion is an accepted fact and the oppo-
nents of payment by the city of part
of the property damages will back the
movement to get the benefit of the
latest legislation on death-traps.