The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1891-07-22
MUST FURNISH
INFORMATION.
The Function Of Concurrence By
the Finaneiers Defined
and Explained.
1t Is Unrestricted in Many Cases
but Does not Extend to the
Appointment Of
inspectors.

After a three hours session behind
closed doors, the city's Flnanciefs met in
the Aldermanic Chamber last night and
transacted an unusually large amount Of
business. The Corporation Counsel was
present at the secret session. At the pub
lie meeting Mr.. Edwards presented .
lengthy opinion In references 20 the reso-
iutions offered by Mr.. Peterson touching
upon the respective powers OF the Boards
Of Finance and Street and Water Conn
missioners.
Il was evident from the tone Of the
meeting that the hitch" between the
two municipal bodies 10 about AZ an end
The opinion Of the Corporation Counsel
Is given below in condensed forms-
'.My opinion has been asked upon .
number Of questions authorizing the
right Of concurrence of your Board In ac-
tions of the Board Of Street and Water
Commissioners and also upon general
supervisory powers over the AFFAIRS q tne
municipality intrusted TO that Board apd
the manner IN which the same should -
exercised
EARLY LEGISLATION.
sTn order TO fully understand the status
Of affairs a slight review or the early
legislation on the subject is desirable.
The Board OF Finance and Taxation (the
predecessor Of your body was urst
grated upon the municipal body polite
BY the charter Of 1871 lAn
act to rsorganizs the local gov
eminent of Jersey Cry; see
Sections 1zs to 1873 OF that act for its gen
erai powers, As originally constituted
it was purely a financial board; IL had no
special powers over the Board Of Water
Works (the predecessor OF the present
Board of Street and Water Commission
ers) except in fixing the annual appropr1-
ations therefor and the borrowing OF
money therefor, when required by the
supplement OF March "a, 1878 (paRe 400
to The city charter, section 81, the system
of concurrent action by some other board
over the business of the Board Of Public
Works was fnaugurated; that the con-
current power was placed BY that act in
the Board OF Aldermen By The supple
ment Of March q, 1874 (pzge SOD, this con-
current power in the Board OF Aldermen
is repealed and more sweeping power
given to the then Board OF Finance and
Taxation. The power is granted IN Sec
tion Of that supplement-.
"No further amendments to the old
charter OF Jersey City were made aHeci-
ing this concurrent power prior TO the
adoption OF the new constitution, after
which special legislation was forbidden
But in 1880 the concurrent power or the
Board of Finance and Taxation was
materially curtailed Ms to the appoint
ment Of the employees of the Board OF
Public Works Chapter IS Of the laws or
1850 (page 4s) provides ia section ope
that Hereafter tine several nuni-
cipal boards in the cities IN
this State ny whatever name or
designation said boards or any of them
are known in law. are hereby severallF
authorized and empowered TO appoint and
nall afff nj
ployes respectively provided for BY law
without the concurrence Of any other
municipal board, and such concurronce
therein sEan not be required
Section 2 says ii snail hereafter be
lawful for any Municipal Board OF Pnb-
lie Works or other municipal board IN
the several cities OF this State to appoint
ana employ Its appropriate officers and
agents without the c0ncurrence Of any
Board OF Finance or other municipal
Board in such city. and the right OF any
one municipal Board TO concur in tne ap-
salary or compensation OF the officers and
agents Of any other municipal Board iB
hereby abolished. and such concurrent
action shall not be required
This act applies 70 Jersey City and
did away with the concurrence BY the
Board Of Finance and Taxation in the
matter OF appointments and salaries or
the employees of the Board Of Public
Works, except 50 far as they may be
regulated by the annual tax budget. The
other concurrent right conferred BY the
supplement- of 1874, remained
ARE THRRE NOTIFICATIONS
1.-The question now arises. was this
right and concurrent action modified or
repealed by the new charter of 1889
Chapter I'D or by the act creating the
present Board of Street and Water Com
missioners as the successors OF the old
Board of Public Work Chapter l54 OF the
laws OF Is9D? The new charter Of 1889
simply transferred Qn Jersey City, the
functions and duties of the old Board of
Public Works TO the Board Of Street and
Water Commissioners therein createds
but this transfer, except as in the act
specially provided, was subject TO all fEo
limitations of the old Board: one Of these
limitations was the concurrent power OF
the Board Of Finance. Moreover. BY Sec
tion 16 Of the new charter, the Board Of
Finance thereby created. became vested
with all the duties ana functions OF the
old Board Of Finance and Taxation. One
of these functions was the right OF con-
currence.
STREET AND WATER RIGHTS
I" As have remarked. the new charter
contains an exception TO this rule. By
Section IL it is provided thar the Board OF
Street aud Water Commissioners shall ex-
elusiveiy disburse, the fund therein cre-
sted out Of the license fees for the repzy-
ing and repairing of streets. As | have
heretofore advised, the Board OF Finapce.
has no concurrent power ever these dis
bursements. By Section IL OF this act tbs
whole matter is entrusted TO the discreet
ion Of the Board Of Streets and Water
Com missioners
"Bur ! am asked to advise whether
your Board has any control over the
making OF the appropriation for street re-
pairs out Of the license fund. Tse pro-
visions OF the new charter OF 1859, and
the recent act creating the present Board
OF Street and Water Commissioners,
(chapter IS Of the laws Of I6o1.1
Both deal with this. Under the act OF
1eS9 (sectiop ~ il is enacted that one
half Of fund so received for such licenses.
II any are granted in said city for and
during three years next after fne passage
OF this act, shall be kept IS a sspzr4Ea
fund, and shall be disoursed exclusively
By the Board Of Strest and W&ter
Commissioner. herein provided for II
the repaving, repairing and fmprorinx 81
streets, avenues and public plaQfR, -
herein before provided. aud for m0oUEGE