Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1914-04-02
RAILROAD BILL
CALLED UNI AIR
Madisonians Score Proposed
Ordinance for the Closing
of RidgedaIe Avenue.
Especial to. the Evening start

MADloONs April E.-NleWS an0
opinions were advanced at a public
hearing in the council chamber last
night the question of Embarrassing
elimination by the course the Lacka-
wanna railway suggests. Mayor
Philhower presided and all council
men were present. One of the out
comes was that the date, when the
question will be referred to the peo-
pie, has been postponed to April 10.
Features of the hearing were a
written submission OF a legal criti-
cism of the ordinance as published
last Friday, and a petition, signed
| by Stxty-four representative Madi-
sonians and property owners, MAX
ing steadfast objection to the clos
ing of Ridgedale avenue, and further
against paying any part of the dam
ages. Among the notable names on
| the petition were Lewis A. Waters.
| George f. Weber, Charles Ben jamin,
! Chief of Police Fred r. johnson,
| Freebooter Frank c. earle and Dan
| lei Dunno. The legal criticism of the
ordinance was signed by ELI G..
Partridge, James f. Mckinney and
| Stark b. Ferriss, all practising law
yers.
| scores new ordinance.
Mr.. Mckinney, who was the first
| talker, said that perhaps constant
contemplation and discussion had
made HIM rabid. He stated also that
in protesting against the closing of
Ridgedale avenue he was appearing
in a representative capacity. Fol
! lowing are some of the most salient
features of his talk
THE present ordinance shows a
lack of the appreciation of legal pos
| sibil ties
IF you, are to pay any share in
the property damages incurred here
You ought first to get some consider
alton for your money, and second to
ascertain how much you are going to
have to pay. You ought to demand q
dollars worth for a dollar.
According to the present ordinance
you are not protected from accidents
incurred through the carelessness OF
the railroad. If it is not Incorporated
E in the ordnance the railroad is not
! responsible.
The residents of Ridgedale avenu,
state that If it is not practicable t.
cen nue. Ridgedale avenue at its pres
cit location that they will work hanC
in glove with the council in getting
another street through in or about III
the same place.
1.-THE present ordinance is unfair Il
the borough. No doubt the railroads
words with you have been honeyet
and their promises many, but why
are many of the provisions though
| necessary by our borough ATTORNEY
left out of this document? You, az
councilmen, will fare in your duty
to the public unless you get a BIZ
| lateral contract, and you have moi
got 1t yet. I have been doubted IL
the statement that this borough can.
not grant a contract to the railroad
unless 1T Is approved by the Public
| Utility Commission, but it is a fact
| And If the railroad officials have told
you that they can contract with yol
without the consent of this boarC
they lie, and they know it,"
Legal Criticism.
The legal criticism submitted point
ed out where the railroad had neg
lected to protect the town from tn,
results of it's operations. It said tina
this is more significant, as many o
the provisions thought necessary b,
Attorney Ratmbun have been omitted
They could not have been overlooked
in this cose.
The criticisms were all on techni
calities, which, If the phrases were in
terpreted in more than one way
might involve the borough in Difficult
ties The provision about bridges no
being taxed, it said, is worded II
such a way that ii might exempt al
railroad property here from taxation
Should there be any difficulty between
the written contract and the drawing
Of the work, the written portion
, should govern, they thought. Instead
the ordinance says that all work no
described in the ordinance shall b.
, done according to the attached map
and prohles.
Engineer Arthur s. Pierson, of Nor
ristown, represented the town, instead
of Engineer Unrue. He was consulted
in reference to the effecting or
crossing at Ridgedale avenue, anC
said that the railroad tracks would
have to be elevated about nine feet
in order to have a suitable crossins
under the tracks. This was CONTRARY
to the statement of Mr.. Unrue, VIII,
, said 1t could be done nicely at a rails,
, of four feet in the tracks.
The main opinions were OH the divi
sion of damages and the closing ant
keeping open of Ridgedale avenue.
"Watehful Waiting" Useless.
A letter from e. T. Bulmer ant
talks on the part of sAssemblymal
. George w. Downs and A. l.. Reyn
= CiNo tloNioIu elSciihSN OIL ObSll uCIlN'
policy. 1t was stated that the Fielde
act has been declared demonstrations
by many leading authorities on law
and that the railroad is liable to VIII
out when the law comes up for rul
ing, which will be in about two years
In this event it was said that tn
policy of watchful waiting would
prove useless, as he town would, afte
q wait and tight sitting of two years
have to begin all over again and max,
more concessions than they would
now.
In answer to this Mr.. McKinne!
stated: II tell you, gentlemen, al
, you have to do is to sit tight. l have
dealt with railroads before now. The.
have to go through Madison abov,
grade, according to their presen
plans to cut down running expenses
If you will only keep quiet the rail
road will come to you crawling oil
: it's hands and knees and willing t
make any and all concessions t,
you.
Councilman Snyder answered som
: OF the contentious of the legal criti
cism. Others he was unable to flint
the answer to.
The advisability of having TIL
plans submitted for the new station
: and the miximum of cost to the Dor
ough stated, we're favored.