The Star And Newark Advertiser

HARPER SAYS HE WILL NEVER GIVE IN TO KEARNY BOARD

Harrison Contractor Declares He Won't Pay Taxes for Magnolia Place Realty.

TOLD HE HAD RIGHT TO NAME STREET FOR HIMSELF

Register's Office Backed Him Up, He Avers—Problem Vexes Council.

The Kearny Common Council is up against a stumbling block in the person of David Harper, a Harrison contractor, who owns considerable property in Arlington, and it looks like a good fight to a hot finish.

Some time ago Mr. Harper bought a large plot of ground in the Arlington section of Kearny, and, after opening a street through the property and building up on either side, he asked the Council to name the thoroughfare Harper place. The Council turned Harper down. He consulted counsel, and was advised to file a map of the property with the County Clerk, give the street his name. He did as directed. That was three months ago.

The Council, a few days later introduced an ordinance giving the street the name of Magnolia place, it being a continuation of Magnolia avenue. The clerk was reading the ordinance when a messenger from the County Clerk's office presented a copy of the filed map with Clerk Wildman and the ordinance was laid over.

At a meeting on Wednesday night the ordinance was again introduced and passed on first and second readings, and was laid over until next meeting for final passage. Councilman Caithness, who introduced the ordinance, said that Town Counsel Crowell advised that the council had the right to name the street.

Harper was asked today what steps he would take.

"I will fight it to a finish," he said. "The register's office told me that I have a perfect right to name the street as I please. This the Supreme Court has decided in a case similar to mine, and if the town sends me tax bills for Magnolia place I will not pay any of the taxes. They can take the matter to court and I will fight it to a finish.

"The Supreme Court has decreed that when a person improves property and opens up a street he can call it what he pleases. Let the council go ahead. I am ready."

Harper has curbed, sewered and placed sidewalks in the thoroughfares and is now getting estimates for paving it with macadam. He has erected so far thirty-four houses in the street and claims that the taxes for these houses amount to more than that paid by the entire Town Council.

The street about which there is so much trouble is north of the Greenwood Lake division of the Erie railroad and runs from Forest street to Schuyler avenue. Arlington