CHAPTEE XYI. 



A LEGISLATIVE TRAVESTY. 



The parkways movement culminated in 1904, as did 

 likewise the plans for completing tlie remnants of the 

 Essex County park system. On February 29 the Court of 

 Errors and Appeals handed down a decision in the East 

 Orange Central avenue trolley ordinance case. The de- 

 cisions reversed the findings of the Supreme Court and de- 

 clared the ordinance invalid. The case for the property 

 owners and the Avenue Association was argued with great 

 ability by their counsel, E. Y. Lindabury. 



The decision was reported as unanimous. It turned 

 mainly on the point as to the validity of Bishop J. J. 

 O'Connor^s consent. The court was evidently convinced 

 that ecclesiastical orders, or the internal regulations of a 

 religious organization, could not be substituted for the well- 

 established laws and precedents for determining realty own- 

 ership — ^the principle involved in the Supreme Court's de- 

 cision of the same question. The action of the higher court 

 cleared the parkways atmosphere. 



Appeals were at once made to the Park Commission and 

 to the Public Service Corporation. The former was re- 

 minded that "non-action by the Park Board is literally faith 

 without works;" that "earnest, vigorous action would at 

 once enlist the active support of press and public all over 

 the county," and it was asked : "Will the Park Commission, 

 with its great power, opportunities, and present privileges, 

 lead or follow the movement?" It was also pointed out 

 that "should one of your number appear before the free- 

 holders, to state and explain to them your position and 

 wishes, all doubts and misgivings on this question would 



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