The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1891-06-10
NO SURRENDER.
The Aldermen Will Not
Acknowledge the Street
and Water Board,
PENDING JUDICIAL DECISION.
Election Precincts 0utlined-Es-
timated Expenses for
1922.

It would appear from the unanimous
adoption by the Board of Aldermen last
night OF the report OF the special commit
tee to whom was referred the matter Of
handing over to the Board of Street and
Water Commissioners the powers It was
shorn OF by recent legislation, that the
City Fathers will not abdicate their pre-
rogatiye until after the Supreme Co urt
has passed upon the validity Of the act
creating the new board.
Here is the reports
To the Honorable Board Of xldeymen:-
Your special committee appointed
April 29, 1891, TO whom was referred at
said date the resolution adopted April "a,
1891, by the Board Of Street and Water
Commissioners requesting a transfer to
said Board OF all books, papers and
shs Board nSw AderPsS II ssaSs os
to the care and management of the pub
lie parks. and the use and occupation of
the streets and public places and all the
other matters connected with the city
government transferred to the Board
Of Street and Water Commits
sioners, under Chapter 1874, Laws
1891, respectfully report that upon the or
ganization of the Board of Street and
Water Commissioners Alderman S. II.
Smith, Chairman of the Committee on
Public Grounds and Buildings, surren-
dered the custody OF the public
parks to said Board, and its Presi-
dent. Charles J. Somers, gave to the
City Clerk on April 20. 1891, receipt for
the keys Of the tool houses in the parks.
A surrender of the matters demanded in
said resolution of April 2S, 1891, was
deemed worthy of further consideration
by your committee. While no actual tangi-
bic protest exists, yet the question Of au-
tnority as to 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 sur
render. Considerable time was spent in
discussing the situation, but no definite
action was determined upon.
GRAVE DOUBTS
Since said meeting the question Of the
constitutionRlity of the act aud powers
hereunder demanded by the Jersey City
Board have been ably and learnedly dis
cussed by some Of the most eminent
counsel in the State in a suit now pend
ing before the Supreme Court Of tnis
State. There seems to be a general
understanding by counsel representing
both sides that the Legislature did not
intend TO confer legislative authority
upon board created by the Legislature
and not elected by the people.
The right of self government guaran-
LSGu Dy Luo COueLlbultOu ls Sou&Ht W Ut
obliterated By this demand for sur
render.
1t is a grave question whether the
Board OF Street and Water Commission
ers is competent to grant any franchise for
the use OF the streets for purposes other
than public travel 1t is argued by coun-
sci that such authority needs the sanction
OF the Board of Alderman. II the Board
of Aldermen, elected by popular vote, Is
held TO be the only legislative authority
then follows the question:
eau the Board of Street and Water
Commissioners iegislate except so far as
they may pass reasonable regulations de-
fining how the streets may be paved or
pavements restored or works done when
franchises for the use of the streets are
granted by the Board of Aldermen
| Again il is argued that the Legislature
| has granted the Board of Street and
Water Commissioners control of streets,
sewers and water.
This is not questioned so far as i'm
provement of streets, construction of
sewers or furnishing drinking water for
| the people are concerned.
A STARTLING CONCLUSION.
The conclusion reached by your com
| mittee is that the people never intended
that the Legislature should pass any act
bers OF any Board created by this
act or after the passage of this
act of legislative authority heretofore
enjoyed by the representatives of the
| people elected by their votes, and have in
variably with sucn acts provided for their
acceptance or rejection by popular vote.
Your committee therefore recommends
| that until the question DOW before the
courts of the State is finally decided that
no further action be had.
Respectfully submitted.
p. H. O'NEILL,
NJ. SALINGER,
Special Committee.