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 5
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Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23
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which, as a whole, do not compare favorably with the very many extensive and well-kept public parks in this country. All the papers vigorously and continuously reflected what seemed a popular public sentiment for a forward movement on the same lines and under the same management as had been the efforts thus far to obtain a park system. This view was also accentuated by the action of local associations and some of the personally disinterested friends of the parks in different parts of the county. The only discordant note which was heard out of harmony with this general acclaim favorable to the parks, and the new law for creating them, was the action of the Newark Democratic City Committee early in April, 1895, in the adoption of a resolution dis- favoring the law and the appointive, instead of the elective method provided for the selection of commissioners.
Among the earnest advocates of the park system perhaps there was no one man who had been more earnest or active, or whose influence had been more effectually brought to bear in holding the enterprise on the lines as originally proposed than William A. Ure. Knowing his sincerity and interest and wishing to learn his conviction on the existing status of park matters, I wrote him April 8, the day before the elec- tion on the park bill, and, after referring to the able editor- ials on the park question that had appeared in The Call, and to the cordial reception of the plans and the new law by the public, expressed my appreciation of the principles which an article in The Call the day previous had indicated should govern in the selection of the new commission. I then added :
"I am glad you still favor the selection on the same prin- ciples so heartily favored at the time. If any other consid- erations than those of fitness are now allowed to determine the new appointments, the execution of the plans will, in my judgment, be hampered in the same proportion, and the final success of the scheme in just the same degree be im- periled. I have every confidence in Judge Depue, in his strict integrity of purpose and his loyalty to the principles
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of faithful administration. But it is fair to presume in a public measure like this that there may be powerful pres- sure brought to bear upon him at the present juncture, which the position of the real friends of the enterprise may do much to nullify or counteract. The time for nam- ing the new commissioners is very limited, and if the efforts for place last summer, at the inception of the enterprise and before the appointment of the first commission, formu- lated so readily, now that the actual work is to be under- taken, speculative and corporate interests may look at the field as all the more attractive.
"The general support given the report and plans of the commission show that the great mass of people are disposed to rightly discriminate in favor of a work of great public importance undertaken on sound, correct principles ; and, if the plans and policy of the present board are carried out, I believe the results will fully justify the anticipation of those who have given the subject the most thought and study.
"All this, of course, if the new bill carries. If not, we shall have more than a year yet, under the old law, to for- mulate new plans or present the subject in other forms. I have little doubt that the vote will be overwhelmingly in favor."
Under date of April 9, 1895, Mr. Ure's reply was as follows :
"My Dear Sir-Yours of the 8th instant received. The first person I met after reading your letter was a well known public official who brought up the park question by asking me what I thought about the appointment of new commissioners. When I told him that the present commis- sioners ought to be reappointed, he said there was 'no use talking to me further on that subject,' but said Messrs. Peck and Jackson did not satisfy him. This may indicate that a movement will be made to change the personnel of the present board, although I hope that any such scheme will be
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frustrated. I am confident that the park bill will be in- dorsed by the people to-day, and I am also confident that it will require an enormous pressure to induce Judge Depue to appoint any commissioners in place of the five he first named, in whose ability, integrity and judgment the public, as well as myself, have full confidence.
"Yours very truly, "WILLIAM A. URE."
SCENE OF ACTION SHIFTED.
This correspondence is given thus fully, as it gives a clear and correct reflex of the situation at that time. Immedi- ately after the county vote was found to have given a large majority for the park bill, almost the entire field of activity for the parks and the pressure from political and special interests was at once transferred, and the scene of focal action shifted to, the inner room of the court, or wherever the judge having the appointments to make could be found.
In most instances, where large and diversified interests are at stake and conflicting claims become a factor for adju- dication, whether before a court, a legislative body or an executive official, things are not always what they seem, and the kaleidoscopic conditions of conclusion may be frequently shifted almost from day to day as the see-saw of contending influences and varying elements enter into the final disposi- tion of the subject in hand.
The question then before the court was no exception to this rule. True, the judge, in announcing the new commis- sion the morning of April 18, 1895, gave as quoted below some of the reasons that appealed to him for making the change against what was evidently the trend of public de- sire, and the conclusion left upon Mr. Ure's mind prior to the appointment that no change would be made. That pre- sentment of the judge, however, gave no intimation of, nor made the slightest reference to, some of the most important and potential influences brought to bear upon him to make the changes as he did. Those influences were known to a few at the time, but so far as I know have not yet been
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publicly referred to, although the court dwelt quite at length upon the subject. In naming the commissioners in open court, the judge said :
"In the long service that I have had here I might say that all of the communications put together would not oc- cupy one-third of this bundle. It illustrates the anxiety that the public have that, in the composition of this commis- sion, commissioners shall be so selected that the park project shall be considered as one that is not to be subject to fluc- tuations arising from local feeling or local jealousies."
APPOINTMENT OF COMMISSIONERS.
Reference was then made to "more interviews on the part of the people of this county than I have had, I may say, during the whole of my service."
"The commissioners under the original act I appointed on my own judgment. The commissioners' powers were merely tentative. The commissioners have discharged their duties in a manner that entitles them to the approval and commendation not only of this court, but of the community."
"There is everything in the composition and conduct of these commissioners that makes it desirable for me to reap- point them, and it would be my personal pleasure to com- mend the course of these commissioners by a reappointment. But under the new act a very different condition of affairs confronts me. This new act confers upon these commissioners powers that I may say are extraordinary. The amount is large, the powers of these commissioners are very great, and, in the selection of the persons who are to compose the commission, there are considerations to which I must yield in the performance of a public duty. The principle on which our government is founded is that taxation and representation shall go hand in hand. That principle ought to govern in the execution of a public duty which involves the creation of a debt to be paid by the taxa- ble inhabitants of the county.
"The city of Newark pays of the county taxes about 75
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per cent. It is obvious that it was the requirements of this great city which was the main object in establishing a system of public parks. It is apparent that a considera- tion of what the city of Newark requires, beyond the ques- tion of taxation, was a consideration which influenced the ' establishment of this scheme to the extent and of the mag- nitude that this act provides."
The court then referred to the assurances on the part of those interested in the government of Newark that, if Newark's interests were not to be provided for, "this power of selecting these commissioners would not have been con- ferred upon the court."
The adverse vote of Newark was next touched upon, and it was stated by the judge "that a considerable portion of this vote was due to an apprehension that in the appoint- ment of these commissioners Newark would be subjected to taxation by persons who are not directly interested in the public affairs of the city.
CONFIDENCE IN THE BOARD.
"And I know from representations that have been made to me by gentlemen of influence in this city," continued the court, "that their votes in favor of this law were influenced by their confidence that, in the appointment of these com- missioners, that which was apprehended would be obviated.
"I departed from my usual rule and asked for the ap- pointment of six commissioners, with a view of the adjust- ment of representation in such a manner as to conserve the interests of the whole county. A vote of three to two would not, perhaps, be as safe as one that had the support of four of the commissioners. If I had had the lively appreciation of the condition of things that I have now I should have made the number larger yet, in order that the principle of representation and taxation should be carried out in a more perfect manner than it can by the small number of com- missioners. They are not mere executive officers, but have judicial duties as well. I would not make a government of this city composed of five persons, but toward an adminis-
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trative board such as the Board of Public Works, I would pursue that course."
In reference to his being willing to continue the first commission, the judge said: "But I am entirely satisfied from the information I have received that that does not conform to the wishes of the public, and that they require as far as possible that this court, in the appointment of these commissioners, should allow the principle that is fun- damental in all government representation. These things make it, in my judgment, absolutely essential that I should give to the city of Newark three commissioners. When I have done that, the readjustment of this commission is necessary."
The resolutions of the township authorities of Montclair, Bloomfield and West Orange were then read. They claimed joint taxable valuations of over $25,000,000, with the com- ment that the request justified the appointment of a com- missioner from that district.
FOR CONSISTENCY.
"I have selected for the commissioner who shall repre- sent these three townships," went on the judge, "a gentle- man who is well known to myself, and I presume to almost every one in this county, as a man eminently fit for this position-Frederick M. Shepard. This appointment leaves only one other commissioner to be selected. In the selection of that commissioner I have felt the greatest delicacy, be- cause a duty is imposed upon me that is not pleasant, that of deciding between two persons, gentlemen of my own acquaintance, who were among the most efficient of the members of the first commission, Frederick W. Kelsey and George W. Bramhall.
"I know that Mr. Kelsey has been actively in favor of this project from the beginning, and, perhaps, in the inau- guration and pushing through of this scheme, he has been of great public service. If I could criticize Mr. Kelsey at all, it would be that I might think that in an office in which so much depends upon the judicial and conservative feat-
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ures, he might, perhaps, in his zeal for the execution of this public work, allow his mind to be so influenced as not to be controlled by the question of expense.
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"Mr. Bramhall I do not know. He was the only com- missioner with whom I was not acquainted; but I have heard from every quarter the highest commendation of him. I know from information I have with regard to the per- formance of his duty in the old board that he has been one of the most efficient of the commissioners. He lives in South Orange, and I have had the same sort of representa- tions from South Orange and Clinton townships with re- gard to the selection of somebody residing there that I have had from other townships. If I were left to my own inclin- ation, and to the considerations that I have just mentioned, I would be impelled to appoint Mr. Bramhall on this board. But I propose to be consistent, not for the sake of consistency alone, but also because of the considerations which I have stated. I must regard the interests of the location which shall bear the burdens. The city of Orange, in the taxable valuations of the county, is rated at $8,290,- 000. It is a city, and is one of the municipalities where the location of parks and the construction of them would prob- ably be conserved by considering the population and the area over which it extends.
"The persons who would be benefited by the parks to a large extent are persons who have no other means of getting recreation from the labors of the week. I have had from different persons who are connected with the city govern- ment of Orange a request to appoint Mr. Kelsey. I have, in addition to that, letters and recommendations from a great many persons in the city of Orange who are interested in this project, and who are large taxpayers, who desire his appointment. I have no means of saying what proportion of the taxation of the city of Orange is paid by these gentle- men who presented the petition. I only know that it repre- sents a body of the taxation in the city of Orange that is quite considerable. I have said with regard to the city of Newark that considerations of this kind have controlled
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my mind. I must apply the same principle to Orange in leaving off the two gentlemen who have served on the pres- ent commission with so much credit. I regret it very much, but personal considerations are not of the slightest weight in the decision of this public question, and it is not for any personal reason that I have made the changes that I have already indicated.
"The two commissioners selected from the body of the county will be Frederick W. Kelsey and Frederick M. Shepard.
"Now I come to Newark, and here I strike another cause of perplexity in making the selection.
"I have said that in selecting these commissioners I de- sire very much to obtain for the benefit of the public the experience and knowledge that they have, and I ought, as far as practicable, to give that consideration in the selec- tion of the commissioners.
"Cyrus Peck and Stephen J. Meeker are on the present commission. They were both my personal selections, having regard to their fitness. They are men in whom everybody has, or ought to have, confidence. I propose to retain these two gentlemen. I can see no reason why I should make any changes.
"Mr. Peck lives in Roseville, at the northeastern limit of this city; Mr. Meeker resides in the Eighth Ward, at the north end of the city.
NEW REPRESENTATIVE FOR NEWARK.
"The southerly part of this city is without any represen- tative, and while ordinarily that might not be a considera- tion of much importance, yet when it comes to the question of parks within the city, I believe that west of High street there is no park, and east of the railroad there is one park. I want to give the southerly part of the city representation, in carrying out the principle that I have already announced. When I undertake to make a selection in that part of the city I have a superabundance of material, but I desire to put on this commission, as an additional member, a man who is
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well known ; a man of public spirit; a man of intelligence, one who knows the deficiencies of the city of Newark as compared with the improvements in other cities ; and, hav- ing regard to his judgment and to the interest he has taken in this public park project, and the interest he uniformly exhibits in all public affairs, I have selected for that place Franklin Murphy.
"Giving the subject the most anxious consideration- more than I have given to any duty of this kind since I have been called upon to perform public duties-I think the commission that I have constituted will be as good as any commission that I could possibly select."
I have never doubted Judge Depue's sincerity in dealing as he did with the taxation-representation phase of the question, or that it was made to appear to him as desirable that the sectional or local representation principle should then be injected into the enterprise-although this very principle of sectionalism, as I have already indicated, occa- sioned the wreckage of the park enterprise for Newark in 1867-72; was largely responsible for the failure to mater- ialize of the commendable efforts of the committee of the Newark Board of trade in the same direction in 1892; has occasioned the failure of many public park enterprises all over the country ; and was the very thing that the first com- mission had made every effort to prevent, and which, hav- ing been prevented, was in reality one of the essential ele- ments in the immediate indorsement of its plan by the pub- lic and the Legislature.
REASONS FOR COURT'S ACTION.
Nor do I doubt that it had been forcibly represented to the judge that the better plan would be to reverse the divi- sional lines of representation from three from the county at large, as he had endeavored to establish in selecting the first commission, and give the majority in the board to Newark, as the portion of the county paying the larger proportion of the county tax. Nor do I believe there is the slightest reason
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to doubt that he had, from representations made to him, be- come apprehensive that in reality one of the most cautious and conservative members of the first commission might, from his deep interest "in the inauguration and pushing through of the scheme," drift away into the realms of ex- travagance and possibly shape the affairs of the commission in that direction.
Then again, from the viewpoint of the court at the time and under the swirl of varying influences brought to bear upon the judge in selecting that board, may he not have been sincere in thinking that merely the qualifications of a successful manufacturer or man of business, and those of an energetic chairman of a State partisan committee of his own political predilections, might constitute the very ele- ments of fitness for the responsible position of park mak- ing? As one having a mind with judicial tendencies and attainments, and who had evidently never given the subject of creating an extensive park system theretofore special at- tention, a generous thought may, I believe, be accorded this action as to its intention, whatever may have been its prac- tical results.
But some of the "interviews on the part of the people of the county" were not directed to the question of geo- graphical representation of the new commission, nor of tax- ation, nor of the conservative, or extravagant tendencies of any of the candidates who were then under consideration ; but to other and decidedly different phases of the subject. There were $2,500,000 of county funds to expend. "Who was to have charge of the handling of this great sum of money?" "Who was to control the patronage in this new and important Department of Parks?"
Subsequent events indicated, clearly enough, what these and other arguments and influences were which became potent factors in the final selection of a majority of the commission.
The change in appointing Messrs. Shepard and Murphy in place of Bramhall and Jackson was apparently some- thing of a surprise to the public, and was variously com-
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mented upon by the press. The unexpected had happened. The plan of laying out "the best park system that could be devised" for the whole county irrespective of local and sec- tional lines, which had been the keynote and the foundation structure of the work of the first commission, and the rea- son for its popular approval, had been by this act of the court-where the appointing power had been placed for the express purpose of minimizing the chances of failure in the execution of the plan-completely reversed. And, in that enterprise, a new principle and prerogative was then and there established, with two-fifths of the board of new mater- ial, one new member an active and ambitious politician, both representing large corporation interests-men who had had nothing whatever to do with the formulative plans or the work of the first commission, and who were not con- versant with the causes that had led to the popular success of the undertaking up to that time.
FORMER POLICY REVERSED.
Whatever may have been the intentions of the court, this reversal of policy was the practical effect, as was conclu- sively shown at almost the first meeting of the new commis- sion and has been more fully demonstrated since. The Daily Advertiser referred briefly, though kindly, to the new com- mission. The News was editorially non-committal, as were many of the other papers, both in and out of the county. The Call, while having a good word for the new board, in an editorial note, referring to the appointments, expressed this sentiment :
"The omission of Mr. Bramhall from the park commis- sion is incomprehensible. It was hoped and expected that his valuable services would be retained in the interest of the public throughout the county."
In an interview about the same time Senator Ketcham said :
"In appointing the permanent commission I am sorry Judge Depue could not continue in office the original commission."
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Though "oft expectation" had, with many, in this in- stance failed, the appointments were made, the provision of the law in this respect had been complied with ; the past was a finality beyond recall, and the question now became : What was forward, and would the current of park affairs flow on- ward as smoothly and rapidly as before ?
On April 20, 1895, the newly-appointed commissioners, Messrs. Peck, Meeker, Shepard, Kelsey and Murphy, took the prescribed oath of office and the same afternoon met in the rooms of the former commission for organization. When the question of selecting officers was taken up, Commis- sioner Murphy, whose appointment was for the full term of five years, made the surprising statement that Judge Depue had expressed the wish that Mr. Peck should be president, Mr. Shepard vice-president, and himself (Mr. Murphy) the treasurer.
Two of these three commissioners, now placed in control of the board, who had just received their appointment and who then, for the first time, came into the park enterprise, all made and created, with the $2,500,000 to expend, were lifelong "always to be depended upon" Republicans, and were directly installed as officers at the request of the court.
Discussion, however, as to the judge's right to thus deter- mine the organization followed. Why should he assume to encroach upon this prerogative of the board in deciding for itself who the officers should be? No satisfactory answer. was given. Mr. Murphy was disposed to press the point, and promptly offered a motion that Mr. Peck be made presi- dent. Mr. Meeker said he thought the board competent to select its own officers. Mr. Shepard said he thought the vice-presidency should remain the same as in the previous commission. Mr. Peck was, as usual in discussion, silent.
"Mr. Meeker," I remarked, "has been an active member of the first commission and a satisfactory treasurer. Why this desire for change?"
As the prospect for differences in the board at the very outset was not an agreeable one to contemplate, and as no one then seemed to care who the officers were sufficiently to
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make a contest over the principle involved, the matter was allowed to stand, as the judge had requested. The three officials were chosen and the two officers of the previous board were changed accordingly.
In this record of the park undertaking-the truth of which will stand long after all of us engaged in its work and development thus far shall have passed to the beyond- not wishing to do the memory of Judge Depue or any living person any injustice, I will here state, that, while the judge might not have intended by this action to usurp powers that did not rightfully or legally belong to him, or to the office he was then administering, I am just as firmly convinced that such was the fact. The very first section of the law under which he was acting, "Chapter XCI., Laws of 1895," already referred to, distinctly provides that "every such board shall annually choose from among its members a president, vice-president and treasurer, and ap- point a clerk or secretary, and such other officers and em- ployés as it may deem necessary to carry out the purposes of this act."
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