The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1890-02-07
BRUGGHMAN CAN REFUSE
Counsel McGrath Defines
His Right as to Signing
Warrants.
ROCHE SERVES A MANDAMUs.
Boyd and McGrath Have Lively
Spat at the Freeholders'
Meeting.


An order from the Supreme Court was
served on Director August NJ. Brugge-
mann at the meeting of the Board OF
Freeholders yesterday. 1t directed him
to appear before the Court on the third
Tuesday in February and show causa
why writ of quo warranto should not
be issued to determine by what right MIR.
Bruggemann exercises the rights aud
functions of Director of the Board. This
means that James Roche has been per-
suaded to contest the election of Mr..
Bruggemann.
THREATS TO SUE.
Counsellor James J. Fielder, Tor Reg
lister George b. Fielder and the Jordan
Stationery Company, asked that the bills
for indexing and transcribing the records
and the purchase of the necessary books
be paid. The communication sets forth
that bther bills of the same nature have
been paid by the Board and that prompt
action will save the county the expense
of litigation.
The total amount Of the bill is So, ,042 So
1t was referred to the Financial Conn
mittee and the Council of the Board.
County Superintendent Cannon recon-
mended that 5000 be appropriated to re-
pair the South bridges and the COMMITTEES
were instructed to do so A large num-
ber of requisition claims were next pre-
sented but exception was taken to the
payment OF the bills of Albert Datz and
J. J O'Hara.
Freeholder Hennessey said he did not
see the reason for picking out these bills
from the others and he asked that all the
bills be sent back to the Finance Com
mittee because the dates of the reception
of the articles were not on them. 1t was
SO ordered.
Warden Grimes sent q requisition to
the Board for furniture and carpet and
general supplies.
carpet request referred to special COM
mittee," said Freeholder Ellis, land the
balance to the Committee on County In
stitutions.n
II amend the resolution and ask to
have it lay on the table," said Freeholder
Kimmefly, "fOr some of these things
were ordered six months ago and ara not
paid for yet"
Freebooter Nelson thought requisitikns
ought to go through the storekeepeF, and
Freeholder Ellis said emphatically tnat1a
rule to do away entirely with requisition&
would get his vote.
''Thls is matter that ought to be set
tied in the committee meetings." said
Freeholder Noonan.
II want to say"
''You are out of order, Mr.. Ellis, said
the Director; "after the vote is taken you
may speak"
The motion to table was adopted.
POWERS OF THE DIRECTOR.
This was followed by an opinion from
Mr.. McGrath In relation to the commune
cation sent the Board by the Director at
the last meeting, in which he refused to
sign certain claims. The opinion said
If this communication was q method employed
or ff,f ffa nj
the county by thus seeking to prevent the pay
ment of fraudulent and exorbtant claims, am
of the opinion it was justifiabe;. for not only
would 1t be the duty Of the official mentioned in
such case to resort to almost any means to
avoid the successful carrying into effect of the
fraud, but it would also be the bounden duty OF
any other member of your body, in like case,
to do likewise or to have recourse to such action
would be calculated to effectually stop and
render "odious'' any such intentional practices.
After reciting how claims should be ex-
amined and audited Mr.. McGrath
wrote
Now, assuming that such rules have been fol-
lowed, in so far as possible under the circunl-
stances present at the time of the consideration
of q claim, or that by some neglect claim has,
in the hurry OF business, which sometimes oc-
ours, been ordered to be paid, which, upon in
spection thereof or through later Information
regarding it appears to be Illegal and should not
have been ordered paid, it would clearly be the
duty of the Directors at Large, or indeed any
other officer charged with a duty In respect to
the payment, TO Summariiy stop or OD6trucL En8
same in 81. far as possible
To justify however, the refusal to carry out
the order of the Board es to payments properly
and duly made. the party SO refusing must bs in
a position to enable him to show, in case pro-
ceedings are instituted IN the nature of manda-
mus or other proper legal remedy 20 en- force
payment, that the refusal is based on the
ground that to further such payment would be
TO lend aid TO the preparation of a iraud upon
the county or the taxpayers the eof
No mere captfous, technical, personal or politi-
"a alrpnu
be governed as all actions taken by you and each
of you in the performance of your official duty
exercise of honest and deliberate Judgment
coupled with calm discretion, having regard
always for the responsibility imposed by the iIn-
portant interests committed to your charge.
Freeholder German moved that the
communication be spread in full on the
minutes, but Freeholder Nelson objected,
stating that it was a useless expenditure
for paper and ink. kimmerly favored
having it printed in full, and before the
vote was taken Counsellor McGrath and
Clerk John Boyd had a lively tilt
AN ANGRY DEBATE.
Mr.. McGrath said he would like to havo
the opinion printed in full because fro-
quently when he wanted papers filed the
clerk could not produce them.
Nelson said il that were the case he
would vote for the matter. 1t was ordered
spread in full on the minutes and then
JOnn BOyu nau MS say.
Mr.. Director said he, excitedly, II
arise TO a question of privilege. would
like the counsel to say when he ever
wanted paper filed in the Freeholders'
office since l have been clerk that he
could not get. This is direct reflection
on me-"
II would state" said Mr.. McGrath,
that had no intention to reflect on the
clerk. :"
'Well, you did, said the angry John,
land won't stand anything OF that kind.
You can at any time get any communities
tion placed in my custody"
Ereeholder Nelson, not desiring to wit
ness an impromptu prize fight, asked that
the regular order of business be continued
and it was moved that the bills Of KEN
nedy and Coyle, the ones the Director re,
fused to sign at the last meeting, be 70
ferred back to the committee.
Freeholder Kimmerly wanted to know
how the committee could investigate lot
of ashes -alI that was left of the coal.
Nelson thought that the claim should be-
investigated and it was so ordered.
SNEAKING CLAIMS THROUGH.
Five hundred dollars was given the
Bridge Committee to repair the West
Newark avenue bridge, and 500 was APP
propriated to build a culvert and repair
the two bridges on the Arlington road.
The County Committee reported that
they had accepted enough of the 400 bags
Of oats sent by E. A. Dugan to last more
than month, and then lot of requist-
ton bills were offered Mr.. Ellis wanted