The Monmouth inquirer., 1889-04-18

sary to have the aid of some person to
do what he himself unaided could not
have done, and assistance was therefore
called in good faith for this purpose.
Assuming this to be true land OF this
the Board may and should be satisfed)
the Board would be justified in the ex-
ercise Of their discretion in paying for
such necessary assistance what in their
judgment would be reasonable and
right.
As sustaining this position 1 have
found authorities which hold that
where an act confers jurisdiction it i'm
plIedly grants also, the power of doing
all such acts or employing such means
as are essentially necessary to its execu-
ton.
And, in case as nearly parallel in
principle, as could find, it was decided
thai where an act authorized the Comp
troller OF County to create public
fund or stock for certain specified pur-
poses, the act impliedly authorized that
officer to employ an agent to negotiate
the County bonds provided for by the
acts to make an agreement with him for
compensation and to pay him out Of the
proceeds of the bonds.
In order, however, to remove all
question or misunderstanding in such
matters as this for the future would
suggest, if it meets your approval. the
adoption of resolution that hereafter
the employment of assistance in such
investigations be authorized in advance
by the Board. Respectfully submitted,
j. CLARENCE CoNovER,
Counsel of the Board.
Mr.. White made a motion that the
report be received and placed on the
minutes.
Mr.. Cooper asked that the Auditor be
allowed to make statement before the
motion was put.
Messrs Rowland and White thought
they were not jury trying the case,
and objected. Messrs. Cooper, A. W.
Vanderveer favored it.
Mr.. Applegate then made his state
ment, which was in effect that the
Counsel's opinion was not correct, that
his bill was for extra services besides
his duties, etc.
Judge Hoffman also read an opinion
differing from the Counsel's opinion.
Mr.. Rowland stated that this Was not
the place to try the law points between
lawyers. We should take the opinion
of our Counsel, who has always given us
good advice and whom we have always
found correct.
Counsel J. g. Conover stated that he
had listened to the explanation of Audi
tor Applegate and the opinion of Judge
Hoffman, but he had no reason to
change his views on the subject; he was
certain his opinion was correct. and he
was responsible for the advice given by
him to the Board and was willing to
stand by it in any Court.
! Discussion on the original motion
that the report be accepted was resumed
and Messrs. White and Rowland favor
ed the motion, while Mr.. Cooper OBJ
jected to it.
A vote was then taken, all voting in
favor of it, but Mr.. Cooper, and Mr..
John B. Conover, who was excused.
Mr.. Cooper then got up and admitted
that he did not know what he was voting
for and changed his vote, and Mr.. Con-
over also desired to be recorded in the
affirmative.
The report of Chairman Cooper, of
the Highland Bridge Committee, was
received and action deferred.
Freebooter Rowland, of the Com
mittee on the purchase of Loeb Arbor
bridge, recommended acquiring the
bridge at some future time at price to
be mutually agreed upon.
Freehoider White questioned whether
the Board had right to purchase pri-
vate bridge aud asked for an opinion Of
the Counsel on this subject. The case
was laid over.
Resolutions commemorative of the
death of Freeholder Wagner, deceased,
were adopted and ordered printed in
The MONMOUTH INQUIRER and Mon
mouth Democrat.
! Mr.. Rowland, member of the Oys-
ter Commission OF Shark River, render
ed financial statement of the Com
mission, showing balance in the treas.
ury of 500. He also said the railroad
bridge over Shark river was doing great
damage to the oyster beds. The report
was accepted.
| Collector Haight appeared before the
Board and stated he had received q
communication from the Comptroller in
which he made formal demand for the
So, COO, with interest OF the forfeited
recognizances of Cornelius Hustus.
which money belonged to the State, but
was turned into the county treasury.
Mr.. Cooper said that if the County
owed the State anything he would be
in favor of paying it at once, and re-
quested the Counsel to inform them
how the matter stood. He also made
the authoritive statement that in the
event of the So, COO being paid over to
the State, that the Prosecutor would
refund the $500 paid him for collecting
it.
The Board adjourned to meet at Key.
port next WedL esday.
The regular meeting OF the Board oi
Chosen Freeholders was held at the
Court House, in Freehold, on Wednes
day. April 10th.
Director Heyer presided. All the
members were present except Mr.. Dun
lop; his absence was occasioned by q
severe attack OF neuralgia. The Direc
i to~ ~ onnnunaiur tho Ioofb of NJ,