Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1915-10-16
BRANF ORD PLACE
OBJECT|ONSAR
NOW COMPLETE
Judge Adams Fixes Fridays for
Hearings, Starting Two
Weeks Hence.

Before Judge Frederic Adams in the
Circuit Court today the assessment
commissioners made their report on
the opening of Branford place, and
the property who objected to
the assessments placed against them
entered their written protests. Judge
Adams had previously given OBJ
iectors until 10 O'Clock this morning
to file objections, and no more will
be received.
The first order of procedure today
was the confirmation of all assess
ments for the opening and widening
of the thoroughfare where the prop
erty-owners failed TO file objections in
writing. About thirty lawyers filed
objections for their clients today and
an almost equal number filed objee-
tions on their own behalf.
These objections are of two classes
those based on technical grounds,
such as improper advertising, the con-
stitutionality of the street opening
ordinance, the constitutionality of the
statute of 1876, regulating street OPEN
inP and upon a further ground,
raised by former Governor John
Franklin Fort. who represented the
Halsey estate, that the assessments
are for the opening and widening
VI DIdnIpih Uldtt, iDul w not utSl6-
nate the percentage of COST for open
ing and the percentage of cost for
widening the thoroughfare Mr.. Fort
stated that this objection was prob
ably the only one he would argue
Judge Adams said he would adjourn
the hearing until Friday, October %,
which date he has set aside for the
hearing of technical objections, and
not those which go into the value of
properties assessed under the report.
He said he hoped the hearing of tech
nicalities could be covered in one day.
Judge Adams further declared that
he would hear objections in the order
of seniority of counsel. Upon that
basis the firm of Coult & Smith will
be heard first and former Governor
Fort will follow.
William A. Smith, of the law firm
Of Coult & Smith, said that probably
their objections and those of former
Governor Fort will be similar, as both
have prepared numerous objections,
which are expected to cover practi-
cally the whole ground OF objections.
1t is expected therefore, that the
main technical points at issue will
have been decided long before some of
the objectorS have been accorded a
hearing.
Judge Adams said he would give up
a day each week to hearing objec-
tions until the matter was cleared up.
He will set aside each Friday as a
hearing day and said he would allow
the widest latitude in order that he
may have all the light possible upon
the objections. If one day proves in
sufficient he said, he will set aside
an extra day each week. No other
cases will be heard during the time
set aside for the assessment hearing.
He said he hoped the matter would
be cleared up in a reasonable time,
but the general opinion of lawyers in
terested in the matter is that 1t will
continue until the close of the present
year.
The commissioners may be exam
ined also for the purpose of dis
covering by what method they ar
rived at determination as to "pe-
culiar benefits for which assess
ments were subsequently levied. The
former report, made by the old com
missioners. was found technically not
correct and was returned by the
court. The present report was sub
mitted by Commissioners Harrison r.
Van Duyne, Harry b. O'Connell and
Michael Devita. This report is now
under attack.
The present commission has as
sessed about SO per cent. of the cost
of the Improvement upon the city,
while under the old report the city
was assessed approximately 371s per
cent. The rest of the cost is as
sessed upon property owners along
Branford place and adjacent sections
of the city where property values are
supposed to have gone up because of
the assessment. The area assessed is
the same in the present report as in
the old one, but most of the ASSESS /
ments have been reduced from fifteen
to thirty per cent in the new report |
Judge Adams further stated today
that it would be impossible to hold |
piece meal hearings on Saturdays, |
which are motion days. The proceed
ing Is entirely statutory in character
and is based on the statute passed in
1875, together with amendments. The
report may be confirmed or rejected
by the court, but the judge may not
change the figures fixed by the com
missioners.