The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1890-11-07
The Supreme Court Gives the
Hogencamp-C Cleveland
Ring a Bad Black
Eye.
THAT PUBLIC LIBRARY FUND
No Discretion Left the Board Of
Finance as to the Payment Of
$4,000 a Year.
WHERE IS IT TO COME FRoMs

The Ring sustained another biow
right between the eyes at Trenton
yesterday. The Supreme Court de-
cided the suit of the Trustees of the
Jersey City Free Public Library
against the Board OF Finance, thus
knocking another huge hole in the
fake fabrication Of the city budgets.
The Court decides that the city is
compelled to furnish sos, 900 for last
year and $25, 900 for this year to the
Trustees. The Board of Finance in
its frantic anxiety to keep down the
tax levy only appropriated $4,000
each year. There is, therefore, de-
ficit of $4,000 in this item, which
must be made good either by going
into next years tax levy. or else by
piling up more debt on the debt-rid-
den city.
The decision is by Judge Magic,
who says:
The city accepted the act authorizing
the establishment of free public library
passed In 1854 Under The provisions OF
this act the municipality accepting II
must appropriate and raise py tax an
amount equal to one-third OF mill on
every dollar of assessable property. The
Board of Finance of Jersey City only
appropriated $40. 900, and suit was brought
TO compel them To raise more. The
Court holds that the act requires the
absolute performance OF the duty en-
joined, and leaves nothing TO the discre-
lion or Judgment of the municipality;
that any board or body, whose duty 1t Is
TO appropriate and raise taxes in such
municipality, failing to obey the legisla-
tive mandate, is guilty OF dereliction OF
duty, and mandamus is proper TO COM
pei the performance of such neglected
duty. Bat peremptory writ ought not
10 issue requiring the immediate per-
formance OF that duty when no existing
law gives power or provides machinery
appropriate TO such i'm mediate perform
ance.
HOW IT WORKS.
The decision of the Court was received
with much satisfaction by the friends Of
the library. and they felt confident that
the Acting Mayor 5 Financial Jugglers
would be unable to keep Jersey City from
public library much longer. Mr.. George
Record, who conducted the case before the
court in behalf Of the Library Trustees,
said that there were two cases before the
court. One sought TO compel the Board
of Finance to include the entire sum OF
OF <25 900 to which the Trustees are en-
.
amount in this years. BY an
agreement of counsel 1t was stipulated
that the decision in the first case should
bind the second. This agreement will do
away with another long delay in deciding
the matter and the trustees viii soon
have at their disposal $4,000 which will
enable them to furnish Jersey City with
as fine q library as there is in the State.
The court does not allow
premptory mandamus as viii be
seen by the published account of the de-
cision on the ground that the Board
should not be required to raise the money
Immediately, as no existing law gives
power or provides machinery appropriate
10 such immediate performance.
Mr.. Record did not care to express an
opinion on the scope and effort of the
courts decision until he had seen full
text Of the opinion.
PROBABLY MORE BONDS.
An officer OF the city government when
asked what means the Board of Finance
would take to raise the money, said that
rary loan bonds in anticipation of next
years taxes. They paid judgments
In. this manner most every evening
they met and all they will have to do will
be to place the deficit in next years tax
levy. The Supreme Court gave the finan-
ciers something to think OF when it said
that any bosrd or body, whose duty 1t is
20 appropriate and raise taxes in such
municipality failing to obey the iegisia-
tive mandate is guilty OF dereliction of
duty, and a mandamus is proper to COM
pei the performance Of such neglected
duty.
Edword +. McDonald's majority IN
Jersey City. All.
John J. McPhttips' minority In Jersey
City. 1904
The Ring runs behtnd the Democracy
1881.