The Morris County chronicle. [volume] (Morristown, N.J.) 1877-1915, 1913-08-05
RAILROAD BLOCKS
STREET CROSSING
Town Attorney TO Take W
Matter With LackdWanna.

A communication from e. Allen Car
penter to the board of aldermen Fri
day evening complaining of the block
ing of the Morris street crossing of
the Lackawanna by trains for long
periods brought a like complaint
from several of the aldermen. Al
derman Horsefield told of being
held-up for twenty-five minutes one
day while eight trains passed and as
serted that there were six times wher
sufficient interval elapsed between
the passing of the trains to warrant
the raising of the gates but were not
availed of. Town Attorney Vogt was
instructed to take up the matter
with the Lackawanna upon motion of
Alderman Clifford who explained that
much of the delay was caused by the
passing of the many work trains used
in the track elevation work.
Alderman Clifford offered a new
ordinance for passage making the
changes in the grade of Morris street
and Olyphant place as provided for in
the new grade agreed upon by the
town and the board of freeholders.
A hearing is to be held August 18th
on the question of changing the grade.
Though the ordinances changing tn
grades of the streets was not passed
nor can they be until after the pub
lie hearing Alderman Clifford intro
duced a resolution authorizing the
mayor to enter into a contract with
the freeholders in the matter of
changing the grade of Morris street
and it was passed, though Alderman
Clifford Mills pointed out that such
a procedure was putting the cart be-
fore the horse.
A letter from President Truesdale,
of the Lackawanna, was read in
which Mr.. Truesdale said "Mr. STALL
man states positively, as to the
allegation that he had spoken light
ly of the proposed $500 contribution
of the freeholders, recommended by
the road committee, that he made no
remark whatever on this subject, but
what was said regarding it was by
Mr.. Clifford"
In regard to the statement of the
freeholders, that the railroad has
long known that the county has not
Truesdale replied. '"The fact is. his
formal advice our company has re-
ceived as to the freeholders having
any jurisdiction whatever over Nor
ris street. Our negotiations have all
been with the town for the last -four
or five years. Every freeholder must
have known this and if they had any
Jurisdiction the representatives of
the town must have known it and
should have either acquainted us
with the fact or themselves arranged
with the freeholders to Join with
them and us in executing the con
tracts.
"The suggestion that our coun.
panies have undertaken TO be a law
unto themselves and arrogantly to
override the. duly constituted local
authorities and ignore the provisions
of law applicable in the premises, is
without any justification, and it is
as unwarranted as instructing the
sheriff of the county to protect the
public property an question. His (Di.
rector Grimes's) intimation that we
are likely to attempt to surprise us
by day or by night and accomplish
the depression before an injunction
can Ibe had is an insult to our COM
pany and its management. This
company does not intend to override
the law or to interfere with the prop
erty or rights of individuals or pub
lie in any such manner" 4saf
DR.. Mills took exceptions to the
statement that the county authorizes
had not been conferred with and
stated that he and Aldermen Stur-
gis, Clifford and Shelley with Mayor
Pierson and Counsel Edward K. Mills
had appeared before the road COM
mittee of the freeholders with all of
the maps of the proposed work ex-
cept a detail map of the Norris street
bridge and, the committee had given
the town verbal permission to go
ahead and had said that formal per-
mission would be given as soonas
the matter was brought officially be-
fore the whole board of freeholders
at its next meeting. DR.. Mills
statement was corroborated by Alder
man Shelley who stated that the
beard of freeholders' minutes show
the committee from the aldermen had
appeared before the freeholders.
The resolution authorizing the
mayor to make the contract with the
county was passed on a party vote,
the four republicans voting against
it,
Upon motion of Alderman Clifford
formal notice of the proposed change
of grade was ordered served on the
various public utility companies using
the street
The telford paving, upon motion of
Alderman Clifford, was ordered to
be removed from Morris street and
Elm street and to be placed on Ford
avenue, the street department to do
the work.
Street Commissioner Frapwell re-
ported the necessity of laying a fif-
teen inch drain from Flagler street
to the Whippany river to care for
the storm water. Alderman Clifford
explained that the old mill race just
below Fiagler street had been filled
up and new way must be found to
carry off the water that formerly
found its way to the river through
the raceway. The work, which will
cost $94.25, was ordered done by the
street department.
A release to the town from Willis
X. Howell for all damages resulting
from the change of grade of Ford
avenue was received from Counsel
Vogt.
Chief Holloway reported eighty-one
arrests made by the police during
July and ten lodged in the lookup.
Police Justice Quayle reported a
total of fines and costs imDOsed of