PARK 
AND CEMETERY. 
XI 
ment or flagging, it shall be done so that 
the sidewalk will be left as if the tree had 
been planted before the sidewalk was laid, 
and that the edges of any cement cut will 
be properly re-cemented. 
We desire to do this work as far as pos- 
sible with the approval of property owners. 
Occasionally there is a good reason why 
the proposed location of a tree should be 
altered or omitted. The Commissioners will 
carefully weigh every reason presented. 
If we do not hear from you by 
we shall take it for granted that you have 
no objection to the location selected. This 
notice is not required by statute, and fail- 
ure to receive it will constitute no right to 
object. The Commissioners are undertaking 
a novel work with the approval, we believe, 
of the great majority of our citizens, and 
desire the co-operation of those most par- 
ticularly concerned. 
The Commissioners aim to do this work 
at a minimum of expense. Only the actual 
cost incurred in digging and planting, and 
of the tree, stake, and guard, are assessed 
against the • property. The minimum and 
maximum assessments for 1906 were $2.14 
and $3.69; while in the Fall planting of 
1906 the minimum was $1.65 and the max- 
imum $3.16. Trees planted by the Commis- 
sioners which die are being replaced with 
live ones, and special steps are taken to 
spray the trees and enrich the soil system- 
atically. 
We refer you to the diagram enclosed 
herewith, showing the specifications for tree 
planting which have been adopted by the 
commissioners. If you prefer to do the 
planting yourself, we have no objection, pro- 
vided the tree is of the kind adopted by us 
for your street, and is planted and guarded 
in accordance with the enclosed specifica- 
tions, and the work is all done before the 
hole is dug by our men. 
Please state your objections or suggestions 
with reasons therefor in writing, and address 
the same to Shade Tree Commission, City 
Hall, Newark. The secretary will also be 
at the office every morning from 8:30 to 
10:30. 
LEGAL DECISIONS 
{Continued from page 98 ) 
the construction of sewers so as to cast 
water upon his premises. The court 
says that it was contended that the 
evidence affirmatively showed the 
plaintiff to have been guilty of con- 
tributory negligence in constructing his 
greenhouse where he did, with the 
knowledge he had at the time of its 
liability to overflow. But whether he 
had knowledge of its liability to over^ 
flow was a question in dispute, and, if 
he had such knowledge, the question 
as to whether or not he was guilty of 
negligence under all the circumstances 
was for the jury. They decided that 
question adversely to the city. The 
court cannot say as a matter of law 
that the plaintiff was guilty of negli- 
gence because he built his house on a 
muck bed which was drained, and 
which there was evidence tending to 
show he did not know was subject to 
overflow at the time he built his im- 
provements, and further tended to show 
that it did not overflow from the time 
he made his improvements for several 
years, and until the north side waters 
were brought into the south side sewer, 
which justified a finding of the jury 
that all the overflow the plaintiff’s 
property suffered was caused by that 
act. 
It was the duty of the plaintiff, the 
court says, to exercise reasonable care 
to minimize the damages which he 
might sustain on account of the wrong- 
ful acts of the city, and his failure to 
exercise such care would preclude his 
recovery for all damages suffered by 
him which might have been prevented 
by the exercise of due care on his part. 
But, before the city had imposed on 
him the duty of exercising care to pre- 
vent damages from its wrong, he must 
first have been chargeable with knowl- 
edge that the wrong would be com- 
mitted. He was not bound to antici- 
pate that it would be done. He had a 
right to rely upon the city performing 
its duty. 
CLASSIFIED 
^ADS 
TO cents a line each hisertion : 6 words to a i 
line: minimum Price 50 cents. Copy must I 
reach us by the 8th of the 7 nonth. I 
Hardy Stock 
HARDY NKW ENGLAND GROWN 
Nursery Stock. Plant Evergreens in Au- 
gust, Herbaceous Perennials in Septem- 
ber. We grow both in great variety. Our 
Evergreens are several times transpianted 
and Perennials are field-grown plants. 
Catalogue mailed free. The Bay State 
Nurseries, North Abington, Mass. 
WHOLESALE PEONY LIST for fall 
1909 is now ready. A postal will bring it 
to you free. J. P. Rosenfieid, West Point, 
Neb. 
HARDY HERBACEOUS PERENNIALS : 
Strong, weil-grown piants at reasonable 
rates. Send for trade price-list. 
Daniel A. Clarke, 
Red Oak Nurseries, Fiskevllle, R. I. 
Landscape Architects 
YOU WILL MISS IT if you do not write 
to F. A. HAENSELMAN, LANDSCAPE 
ARCHITECT, Bouider, Colo. Plans fur- 
nished for any kinds of grounds, aiso 
surveying, laying out. changing of old 
grounds executed at the most reasonable 
terms. 
I WANTED I 
WANTED POSITION as superintendent 
of park or cemetery; have long experi- 
ence in all branches of landscape work, 
gardening and horticulture; draw' my own 
plans and do all the surveying; have A-1 
references. Address X. Y. Z., care Park 
and Cemetery. 
GERMAN — Good character, educated in 
best schools for landscape gardening, 
thorough gardener and florist; able mana- 
ger with executive ability, brainy, imag- 
inative, energetic and capable for biggest 
job; 18 years in this country; want satis- 
factory life position; bond given. Ad- 
dress B-4, care Park and Cemetery. 
WANTED POSITION as Cemetery Su- 
perintendent; extensive experience in 
cemetery development and management; 
18 years superintendent; best of references 
as to character and ability from former 
employers. Address B-3, care Park and 
CGin6t6ry. 
WANTED POSITION in public park or 
private estate, thoroughly competent, up- 
to-date landscape architect and gardener, 
also florist; 18 years’ experience in U. S. 
and Europe: A-1 references. Address 
R. P. B., care Park and Cemetery. 
POSITION WANTED as superintendent 
of cemetery; now employed in same ca- 
pacity; satisfactory reason for desiring 
change; best of references given. Address 
Lock Box 1164, Ulysses, Pa. 
Ellwanger & 
Barry’s 
Peonies 
Phloxes 
Irises 
Are Unsurpassed in Variety and Quality 
The Best Results are to be Obtained 
by Planting in September 
Illustrated booklet with descrip- 
tions and planting directions FREE 
upon request. 
MOUNT HOPE 
NURSERIES 
Box W, Rochester, New York 
Our VITRIFIED 
and^GLAZED 
Grave Markers are 
NEAT, 
EVERLASTING 
and 
INEXPENSIVE 
We make them 18" 
in length by 
outside diameter. In 
use at all large ceme- 
teries. We will quote 
delivered price on any 
quantity desired. 
Laclede - Christy 
Clay Products Co. 
ST. LOUIS, MO. 
