Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1914-03-06
BUILDING Of NEW
MARKET HALTED
BY COURT ORDER
Work Off Till Stay Granted Oh.
iectOr to Contract Is Ar
gued Monday.

All construction work on the new
Centre Market has been held up until
after Monday by a memorandum al
lowing a writ of certiorari to review
the award of the market contract to
the Essex Construction Company.
On Monday argument will be heard
by the Supreme Court in Trenton to
| determine If the stay halting con-
struction work will continue until the
end OF the review proceedings.
Pending decision of the argu-
ment, no work will be done on the
market contract This is according
| to the terms of an agreement made
| by former City Attorney Herbert
| Boggs, now counsel for the Essex
! Construction Company, and Franklin
| w. Fort of Fort q Fort The latter
! firm Is counsel for John l.. Armitage,
OF this city. who applied for the writ.
City Attorney Frank f.. Bradner
today said the writ when issued
would tie up the work on the mar
ket, unless someagreement was
| reached, or n decision was handed
permitting the work to be continued.
| He said the case had reached such a
stage that the city was not SO much
/ interested as the counsel for the con-
j tracing parties.
i Attorney Boggs on Monday will ap-
/ ply for an order staying the action
/ of the writ SO that the work of con-
struetion will not be tied up This
argument was to be held today, but
| by agreement between Mr.. Boggs and
/ Mr.. Fort it was deferred until Mon
/ day. Mr.. Boggs agreed to stop work
on the market contract until a deci-
| sion by the court had been handed
down on the arguments to be heard
| Monday.
! Wants Unconditional Writ.
Attorney Fort, for Mr. Armitage,
will oppose the motion of MF. Boggs
! for n stay of action. He will ask that
| the court sign the writ uncondition-
] ally. This will hold up work on the
market contract automatically until
! after the review proceedings have
| been terminated and a further order
! of the court is obtained
| No work has been done on the mar
| ket by the Essex Construction Com
! pany for more than a week, because OF
| the heavy storms. The company in
tended to put large force of men al
| work eXcayating the foundation on
Monday. Mr.. Boggs's agreement with
MIR. Fort, however, will prevent this
action. No work will be done until
further order of the court has been
received, according to William N
! BaYles, treasurer and general man
ager Of the Essex Construction Com.
| pany.
| AIR. Bradner today said that The
| Common Council win take no actor
| tonight toward authorizing a first
| payment to the contractors for the
| excavation work already done. BY
/ the terms of the contract the flnst
payment will be due next week.
| Besides issuing the stay yesterday
the court denied the application fer
writ to review the issue of s7000 900
bonds to Adams & Co., of Boston,
with which it is proposed 10 finance
DebatsbIe Question.
the construction
| In granting the writ to review the
awarding of the contract. the court
says:
! Debatable questions of law We're
pres. nted, and on that ground the
writ was allowed"
Lawyers in the case say that the
writ will automatically stop all work
| on the market There is no mention
of a stay in the opinion, but they hold
that the. court only melons stay
when one is not to be included.t
The constitutionality of the act
under which the bonds wefe issued
was attacked by Franklin w. Fort,
Justices Trenehard and Minturn, low
ever, held just as Justice Gummere
did, that the court could not pass on
the constitutionality at this time be-
cause Mr.. Armitage has allowed too
much time to elapse between the res
olution authorizing the bond issue
and the actual issuance.
In arguing for a stay. Mr.. Fort
said that the first payment world be
due the Essex Construction Company
in few days, and he asked that the
stay hold up this payment so that
the city would be protected in case
the court lated decides that the whole
proceeding is improper.