The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1891-06-17


The City Clerk presented u report set
ting forth. that on the 9Th inst, he was
served Will a writ of certioran issued by
the Supreme Court at the suit OF the State,
Max Salinger, Simeon II. Smith and Hor-
ace Schemorhorn, Jr., prosecutors 70 re-
view proceedings Of March 4. 1891, and
ali action between March 4 and April
IL, 1891, touching and concerning the
| changing Of the lines of the Aldermanic
Districts and the dividing up OF Jersey
City into Aldermanic Districts, and that
q return thereto will be made by the City
Clerk under the direction OF the Corpora
tion Attorney.
Received and ordered fled.
REPORT OF SPECIAL COMMITTEE
The following report was preseuted:-
Honorable Board of Aldermen
Your Special COMMITTEES appointed
April Is, 1891, n 10 whom was referred
at said date the resolution adopted April
81, 1891. by theB Board OF Street aud Water
Commissioners, requesting q transfer to
said Board of all books, papers and ordi-
nances nov in possession Of The Board OF
Aldermen relative to the care aud man
agement OF the public parks and the use
and occupation Of the streets and public
places. aud all other matters connected
with the city government transferred to
the Board OF Street and Water Commits
sioners, under Chapter 134, Laws 1891,
ETC., respectfully report that upon the
OFG1ulLdk4On " tHo bOdA4 VI OtkGEb tuQ
Water Commissioners, Alderman ). h.
Smith. Chairman OF the Committee on
Public Grounds and Buildings, surrcn-
dered the custody of the public parks to
said Board, and its President, Charles j.
Somers, Esq. gave to the City Clerk on
April ~, 1891, a receipt Tor the keys OF the
tool houses In the PARKS.
The surrender of other matters de-
manded in said resolution OF April %,
1891, was deemed worthy OF further con-
sideration by your committee.
While no actual tangible property ex-
lists, yet the question OF authority as 10
other matters affected by said act was not
clear to the minds Of your committee, and
at present matters are still undecided as
to any further surrender.
Your committee, desiring to get the
views Of the members of your honorable
body, caused notices to be issued calling
Tor a meeting at the City CLERKS office on
at which meeting President Allen u
Aldermen Day. Dusenbery, McCoobery,
McEntee, O'Neill aud Salinger were
present. The Corporation Counsel, w.
u. Edwards, Esq was also present by In
vitation.
Conslderable time was spent in dis
cussiag the situation, but No definite nc
ton was determined upon.
Since said meeting the question OF the
constiIutionality or the act and powers
hereunder. dem anded by the Jersey City
Board rave been ably and ~iearnedly dis
cussed BY some OF the most eminent
sci In this state, IN u suit now peuding
before the Supreme Court OF this State.
There seems 10 be a general understand
ing by counsel representing both sides,
that the Legislature did not intend To
confer legislative authority upon a Board
created by the Legislature aud not elect
ed by the people.
The right of self government guaran-
teed by the constitution Is sought to be
obiiterated by this demand tor surren-
der.
1t 10 a grave question whether the
Board Of Street anu Water Commissioners
are competent to grant any franchise for
the use Of the streets for purposes other
than public travel. IL Is argued by a
sci tina such authority needs the sanction
OF the Boaru Of Aldermen. Ii the Board
Of Aldermen elected by. popular vote Is
held { be the only legislative authority
then follows the question:
Can the B0ard OF Street and Water
Commissioners legislate except so far as
they may pass ~asona regulations de-
flung how the Streets may be paved or
pavement restored, or WORK done, when
franchises for the use OF the streets are
granted by the Board OF Aldermen.
Again, It Is argued, that the Legislature
nave granted the Board OF street and
Water Commissioners control OF streeJs,
sewers and water
This Is not questioned so tar AZ i'm
proyement of streets. constructor Of
sewers or furnishing drinking water for
the people are concerned
The conclusion reached by your Com
mittee is that the people e int,nded
that the Legislature should pass any act
coaferring upon any Board or the mem
bers Of Ii Board created by this act or
after the passage OF this act any lsgisla-
tive authority heretofore enjoyed ~ the
representatives OF the people elerted by
heir votes, and have invariably with
such acts, provided for thefr ac< eptance
or rejection by popular vote
Your COMMITTEES therefore recommend