USA > New Jersey > Essex County > The first county park system : a complete history of the inception and development of the Essex County parks of New Jersey > Part 13
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On November 10, 1903, Secretary Church was paid an extra $600 "for services rendered and to be rendered for
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1903." He had previously become an attorney of record, and the partnership of Munn & Church, consisting of Joseph L. Munn and Alonzo Church, had been formed, with offices, then as since, with the same entrance and adjoining the Park Board rooms at 800 Broad street, Newark.
Other and similar payments to the above from 1897, or early 1898 down to time Counsel Munn's "services" were dispensed with, January 1, 1904, were made. As to the propriety of these payments, or, under the circumstances, the partnership referred to, I prefer to make no comment. I merely state the facts as a part of this record.
That conditions regarding the services-or lack of serv- ice-of Counsel Munn had not improved for more than two years after Commissioner Bramhall's retirement from the Park Board in April, 1900, may be conclusively inferred from the action of the commissioners taken at the meeting August 13, 1902. The East Orange parkway was to have been the special order of business for that day, "but, owing to the failure of the counsel to report," the following resolu- tion was adopted : "Whereas, the counsel has failed to re- port to the commission, which held a meeting at considera- ble personal inconvenience to the commissioners, for the express purpose of receiving his report; therefore, be it resolved, that the secretary notify the counsel that his negli- gence in failing to report as to the property between Main street and Central avenue has greatly inconvenienced the commissioners. Resolved, further, that the counsel be di- rected to report immediately to the chairman of the Com- mittee on Parkways as to whether he intends to see the property-owners between Main street and Central avenue as requested by the commissioners, and as agreed by him.
"Resolved, further, that a copy of this resolution be sent to Mr. Shepard."
Since 1896 the question has been frequently asked : Why was this neglectful and faithless counsel retained by the Park Board for so many years ?
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CHAPTER XI.
A CHANGE OF COMMISSIONERS.
In the early afternoon of April 20, 1897, my former col- league on the first commission, George W. Bramhall, called me by telephone and asked for an appointment at my house that evening. It was accordingly made. From the time of our appointment on the first Park Board in June, 1894, our personal relations had been cordial, and, in park mat- ters, intimate. After April, 1895, when I was reappointed on the permanent commission and he was not, we had con- ferred on many of the more important park subjects.
When his appointment on the first commission was rec- ommended it was recognized that he was a man of cultiva- tion and taste in park matters; that he entertained broad views on that subject, and that, as commissioner, he would have "no ax to grind" in bringing to bear on the problems involved his experience and ability shown in other direc- tions. This estimate of his qualifications was, I think, vin- dicated during the two terms of his service as commissioner.
UNDERLYING CONDITIONS.
It may be well to here state the underlying conditions at the time of the conference mentioned. My two years' term as park commissioner expired that day. For some months, even prior to the Munn dismissal incident, there were pow- erful corporate and political interests, which for reasons that may be readily inferred from the reading of the facts contained in this history, were averse to my reappointment. This condition was materially accelerated by the contest over the parkways begun the November previous, and by my attitude in insisting that the counsel attend to his duties
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A CHANGE OF COMMISSIONERS
or leave the service of the commission. The traction com- panies up to that time had had quite smooth sailing in their successful efforts to secure coveted franchises, and the more valuable the public franchises were, the more successful the managers of the companies appeared to be in their efforts to secure them. Any individual aggressively opposing this "gift enterprise" business was soon made to feel that his future, politically or otherwise, would be far more agreeable, or, perchance, successful, if he should not "stand in the way" of what the "organization"-or in other words, what the corporations, then, as afterward, so closely allied with the party bosses-wanted. A park commissioner who would insist that the people should have what had been promised them, provided the execution of the promise interfered with the corporation plans for a valuable public franchise-not- withstanding the promise may have been for a park system that was being paid for from the tax budget-was not the kind of man the corporations wanted. The pressure brought . to bear upon Judge Depue as the appointing power to leave me off of the commission, was, now that the die for the parkways had been cast and my outspoken position well understood, materially increased.
Commissioner Franklin Murphy's political craft had also up to that time had smooth sailing, and if he could unify the various elements in both the corporate and political fields, there was a fair prospect of his reaching his ambition in the climb for the Gubernatorial chair. Counsel Joseph L. Munn was regarded as one of his active political workers for furthering that object.
Commissioner Frederick M. Shepard, as the principal owner of a valuable water plant, which, with the assistance of "Counsel" Munn, it might be during the next few years desirable to sell at a good price to the municipalities of East Orange and Bloomfield-(as was accomplished in 1903)-was in full sympathy with, and extremely friendly to, these corporation influences and interests.
There were, perhaps, not many men in Essex County who then had a keener appreciation of these underlying condi-
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tions than had I. The situation as to the efforts made with the court to make a change in the appointment of commis- sioners in 1895, had been fully reported to me by my friends, some of whom were then consulted by Judge Depue before he made that change.
The final decision then made in my favor was the result of the action taken by my friends, unknown to me until after the commission was appointed.
My experience during the two years in the second com- mission had made the situation, as it existed at this time, as clear as the noonday sun. It was perfectly evident from Mr. Murphy's bearing and conversation with me that he would do what he could to prevent my reappointment. Al- though our personal relations had remained courteous, and, in a measure, to all appearances, friendly, our views as to policy and method in the management of the park depart- ment were, from the outset, radically at variance. We dif- fered on almost every vital principle, from the plan of pro- cedure in laying out the parks and the impending contest with the trolley companies over the parkways, to the reten- tion of Counsel Munn. The official records and correspon- dence make this situation for that two years, from first to last, perfectly clear. Every one knew, who knew anything of the conditions as they existed in April, 1897, that both Commissioner Murphy and Counsel Munn were in close touch, directly or indirectly, with Judge Depue.
Weeks before the expiration of my term as commissioner, my friends expressed to me their fears that the influences so inimical to my reappointment might prevail. My an- swer was: That while I fully appreciated the circumstances, I would not seek the appointment. The original suggestion that the appointing power be placed with the court had been made by me, and the full responsibility had, in accordance with that suggestion, been by law conferred upon the judge; that if appointed I would, at least for the present, accept the office, but would not vary from the conviction and prin- ciple I had always believed in and adhered to-that the office should seek the man, not the man the office,
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Several friends told me they had written strong letters to the judge urging my appointment, and I learned after- ward that many letters were sent of similar tenor.
A FRIENDLY CONFERENCE.
From the above, the reader may readily infer that Mr. ! Bramhall and myself were both prepared for a heart-to- heart talk on that evening of April 20, 1897, in question. We went over the subject quite fully. He explained to me how Judge Depue had sent for him-much as he had sent for me just before the appointment of the first commission, in 1894, as noted in Chapter II; how he (Mr. Bram- hall), had frankly stated that he was not a candidate, could not accept an appointment, and his aversion to even ap- pearing to countenance any action unfavorable to my reap- pointment. After further conversation with the judge, Mr. Bramhall stated, he said to him, "Mr. Kelsey is as well equipped as any man in the county to fill the position ; his appointment is favored by me and I have so stated."
The judge then made answer: "I cannot consider his appointment. Pressure has been brought to bear against it." Mr. Bramhall said that he then asked the judge the direct question why my reappointment could not be con- sidered. The answer was not forthcoming. Later in the conversation the question was repeated, but the information, he said, "could not be wrung" from the judge. Mr. Bram- hall said he then indicated that, even though he should ac- cept the appointment, he could not serve the full term. The judge was urgent. Mr. Bramhall finally assented to the appointment; but before doing so it was agreed between them that before the appointment was announced Mr. Bramhall should see me and that we should talk the matter over together. This we did without reserve. ,
A PROPHECY FULFILLED.
After he had related to me what had occurred during his conversation the evening before with Judge Depue, I stated that I was glad to be relieved of the duties, which for two
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years had been most exacting; that I was pleased that he had consented to accept the appointment in my place ; that I was perfectly well aware of the influences brought to bear, and the reasons why my reappointment was not considered by the judge; and that those reasons would not be given to the public when his appointment was announced in court any more than they had been given him, on his urgent re- quest, during their conversation in the privacy of the judge's home.
I hardly expected at that time, however, that the correct- ness of this prophetic remark would be so soon and so fully vindicated as it apparently was, when the appointment was made. The next morning I wrote Judge Depue as follows :
"Orange, April 21, 1897.
"Dear Sir-Mr. Bramhall called upon me last evening, stating that he had done so in accordance with an under- standing with you that you were not to announce the ap- pointment of my successor in the Park Commission until he had seen me.
"I was astonished at his statements. My relations to the enterprise, its inception and development since, and my work as commissioner have been such that my constituency and the public, so far as I understand, have been satisfied, and I am told have asked for my reappointment.
"If, in any way, my work has been unsatisfactory or not what it should have been to you, or to the public, I am open to criticism, and will gratefully receive it. Until then I feel, in view of the facts, that it is just and due to me to know why my services are discredited and my appointment not under consideration.
"It seems to me that this statement is due you. And that it is equally due me in consideration of the work I have done in the enterprise, and the time I have given it, that you advise me why my name 'cannot be considered,' as Mr. Bramhall states. "Very truly yours,
"FRED. W. KELSEY,
"Hon, David A. Depuc."
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A CHANGE OF COMMISSIONERS
No acknowledgment or reply to this letter was ever re- ceived, and I never saw or heard from Judge Depue again. In the afternoon of the same day, and the day following my conversation with Mr. Bramhall, April 21, 1897, the ap- pointment was announced in open court. The announce- ment was noticeable for its brevity. It also occasioned com- ment for not giving the public the slightest suggestion or intimation, any more than had been given privately to Mr. Bramhall, as to the reasons the judge had for making the change. This was in marked contrast to his extended re- marks in making the change in the appointment of two commissioners two years before, as quoted from at length in Chapter IV of this history. Moreover, this change involved the displacement of a commissioner who had served continuously from the time of the appointment of the first commission in June, 1894. The judge said :
"I have the appointment to make of a park commissioner, to take the place of Mr. Kelsey. I appoint George W. Bramhall, whom I regard as capable and efficient. He has served as a temporary commissioner and is much interested in the work. As regards the situation now I consider the appointment a judicious one."
APPRECIATION FROM THE PUBLIC.
The Newark Sunday Call, in editorially commenting upon the appointment, referred to it as appearing to do "some injustice to Commissioner Kelsey, whose place is taken and who was chosen originally in preference to Mr. Bramhall. Mr. Kelsey's services have been satisfactory to the public, but it is gratifying that his successor is known as a man of taste, experience in business affairs and of spe- cial knowledge in this work." This sentiment was quite generally expressed throughout the county. The commen- dations of various county papers, and the letters and other personal expressions of appreciation and approval of my
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course as commissioner were gratifying. In The Daily Advertiser, the same day of Mr. Bramhall's appointment, the following statements appeared in an interview with Commissioners Shepard and Peck at the Park Board rooms that afternoon of April 21: "Mr. Shepard said that Mr. Kelsey had been a faithful member of the commission; that he had attended almost every meeting, and that he was an enthusiastic worker."
"Mr. Peck here added a few words in praise of Mr. Kel- sey, saying that the retiring member had been keenly alive to his duties."
My non-appointment was, however, to myself a great relief. For nearly three years I had given a large part of my time and interest to the inception and for- mulative plans of the enterprise. The first year with the preliminary or original Park Commission, as may be in- ferred from the first three chapters of this volume, the work, though arduous, and at times confining, was treated as re- creation, and was for the most part a pleasure. The two years' service in the second commission were indeed stren- uous years, filled with forebodings, doubts and uncertain- ties, and, as one who reads these records of the events as they occurred at the time, can readily appreciate, were years of conflict in my earnest endeavor to hold on the lines of its original conception, to the best of my ability, this great enterprise, founded as it was upon an ideal of what a park enterprise should be, and for which I was willing to devote every effort and time to have carried out to the best practi- cal result. If this were possible, I believed that the de- velopment of this ideal would be a constant pleasure, benefit and growing delight to the people of Essex County ; and to myself an unfailing source of satisfaction in the results ob- tained. It was only after my retirement from the active work of the commission in 1897 that I better appreciated these conditions and what the effort had been.
But almost immediately, and continuing as it were from the very day of the expiration of my term of office, and growing out of the conditions then existing, arose another
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A CHANGE OF COMMISSIONERS
or a part of the same question, viz : Whether the plan of parkways for connecting the larger parks as then estab- lished, into a park system, and as repeatedly promised the people, should or should not be carried out.
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CHAPTER XII.
THE PARKWAYS.
A full record of all that has occurred in connection with the parkways for the Essex County parks would fill volumes. The correspondence, the official communications, the public conferences, the private confabs, the petitions and the liti- gation for the parkways, the protests against destroying them, the resolutions of various civic associations, the pub- lic hearings, the massmeetings, the action of special com- mittees-would each, if given complete, require a chapter or a volume. A chapter, too, might well be devoted to the different phases of the situation during the various changes in this interesting question.
How, on the announcement of the parkway plans by the Park Commission in November, 1896, the traction company began at once to scheme after the manner of public utility corporations for the defeat of those plans, and to be the first to obtain possession of one or both of the principal avenues that were designated for parkways. How, as this contest went on, with the people and, at the outset, the Park Commission on the one side, and the allied powerful corpor- ate and political forces working through the "organization" machine as dictated by the party boss, on the other side, the proceedings in the county and local governing boards, in dealing with the question, were for years a continuous per- formance of the play of battledore and shuttlecock.
How shrewd attorneys and the interested politicians, working for the corporations, continued the policy of creat- ing realistic phantoms and legal hobgoblins for the purpose of befogging the public mind and confusing honest officials, in order that the result of preventing the parkways and
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FORMAL GARDEN, BRANCH BROOK PARK.
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THE PARKWAYS
securing the franchises might obtain. How the effort was made to use both the press, and even forged postal card ballots to accomplish these ends. How such representative organizations as the New England Society, the Woman's Club, the Road Horse Association, and other civic and good government associations joined the parkway forces and en- tered into the fray, where they remained to the finish.
A volume might also be written on the action of certain officials and the majority members in the Board of Free- holders, and of the municipal authorities in East Orange and Orange, who for years were seemingly so anxious to serve "the organization" (alias, in this instance, the cor- porations), that their official acts resembled those of toy officials and toy boards, where each, in time of emergency, sprang to rescue the situation for their superiors, and against the parkways and their constituents, as moves a jumping-jack when the strings are pulled by the man in power behind the scenes.
A chapter might also be of interest accurately describing the shifting of position of some of these officials ; first upon the one side, and then upon the other of the same identical question, when their opinions and services were needed to comply with the needs and exigencies of the corporations as from time to time these requirements developed.
TOPICS OF GENERAL INTEREST.
Much might also be written of the changed attitude of the Park Commission, clothed as it was, and is, by its char- ter, with all authority and full power, from its original position of active interest toward securing the two principal parkways for a time after their announcement in Novem- ber, 1896, to a somnambulistic condition of non-activity and seeming impotence, and an apparent indifference as to what became of its own plans, and as to whether the board should secure the parkways as it had planned, and had repeatedly promised the public, or should give them over, through the
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assistance later of the commission's own counsel, to the corporations for private uses.
Then, too, an extended account of the evolution of the parkway question into the agitation for limited franchises, which has since become such a live State issue, would fill much space : How the persistent determination of the trac- tion companies' managers to defeat the parkway plans, and, regardless of consequences, secure the long-sought franchises, led to an investigation as to the reasons why the men responsible, who were accredited with having some public spirit in other matters, were on this subject deaf and blind to all appeals; how, when the indisputable facts were ascertained and recognized by the public as to "the mil- lions" literally "in" such franchises, there was at once a response and popular uprising that has already found ex- pression in the platforms of both the leading political par- ties-an uprising followed, as since, by the widespread pop- ular demand for improved utility franchise conditions by the people: And how the majority of the Legislature of 1905, under the direction of the "corporation leader" of the House, juggled with this franchise legislation.
These might all be topics worthy of full description, and perhaps of interest, to the readers of this history of the parks. Space, however, does not permit. Nor is it intended that this history of the Essex County parks will do more than give a consistent, continuous, and truthful account of the more important facts, which record shall mirror the events of the past as they have occurred, and possibly throw some light on the situation of park affairs that may be helpful in the solution of this great problem for the present or for the future.
The general plan for the parkways, as agreed upon by the first Park Commission in 1894-5, was outlined with three distinct and objective points in view :
First-Convenience and accessibility to the great ma- jority of the people of the county.
Second-Economy in the use of Park and Central ave- nues, inasmuch as these were the two parallel and broad
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THE PARKWAYS
avenues, between the proposed larger parks, well adapted for parkway purposes, and already laid out and constructed at county expense ; and
Third-Availability. As these parkways, with Park ave- nue on the north and Central avenue on the south of the populous portions of the county between the Passaic River and the Orange Mountain would, with the Branch Brook Park on the east and the mountain parkway and parks on the crest of the first mountain, constitute a compact, and, to that extent, complete "park system" in the heart of the county, readily and directly reached from any of the four sides of the elongated square of parks and parkways that would be thus formed.
AN IMPORTANT PARKWAY.
In order to utilize the more accessible and important of these parkways, Central Avenue-important as being by far the most convenient to the people of both Newark and the Oranges-and to avoid the expense of new and costly construction, or the removal of the railway tracks then on the avenue in Newark, as far as the East Orange line, the plan from the southern division of the Branch Brook Park included the use of Sussex and Ninth ave- nues and Grove street, or Sixteenth street, for the direct connection with the park as the eastern terminus, and a direct extension by a zig-zag, easy-grade Swiss road up the mountain to the mountain parkway, for the western park connection of the system.
The advisability and practicability of this method of establishing a convenient and economical county park sys- tem-one that could be promptly and at comparatively small cost carried out, and at the same time constitute the basic framework for the future park and parkway develop- ment within the county -- strongly appealed to the mem- bers of the first commission. I am not aware that any doubt ever existed as to the practical execution of the plan on the lines indicated. For years the steep grades and "old- fashioned" straight up and down roads of the Orange
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Mountain had acted as a barrier to the growing popula- tion of the whole county below the easterly slope. The construction of the parkway of sufficient width to permit of the easiest grades, to practically overcome this barrier, would, it was believed, be much appreciated by the people, make the mountain section of the Central parkway a novel and attractive feature, and tend to open up the whole moun- tain section from the object lesson such a piece of park- way construction would furnish. Then, too, the crest boule- vard or parkway, it was intended, should extend from Bloomfield avenue on the north, to possibly South Orange avenue or the end of the Mountain at Millburn on the south, and would, it was thought, provide a never-ending source of beautiful views and appreciable enjoyment to the people indefinitely, and constitute one of the most attrac- tive and unique features of mountain parkway development in the country.
The first commission also contemplated, as a part of the general plan of the parkways, the connecting links in any future chain of parks. As the growth of population and financial resource of the county developed, the park ex- perts recommended, and the commission then favorably considered, the future enlargement of their plan, so as to include, if possible, a parkway from a connection with the Newark park along the Passaic River road or via Fredonia avenue, north of Branch Brook, directly connecting with the Second River, thence by the most available route or routes, through Belleville, Bloomfield and Montclair, thus connecting again with the mountain crest parkway on the north.
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