The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1891-08-07
The Whole Question Over
the License Money for
Street Repairs.
A MERE BELLEvILLE BLUFF
Various Manifestations of the Con.
flict Between the Finance
and Street and Water
Boards.


missioner Kenny at the meeting of the
Finance Board Tuesday night. concern
ing Corporation Council Edwards
opinion as to the apportionment Of the
liquor license money. have created con-
siderable talk among politicians about
the City Hail. Mr.. Kenny asked the
Board to expunge from the minutes so
much of the Corporation Councils
opinion as related to this topic.
The new charter set aside one-half OF
all the liquor license money collected by
the city for three years, to be expended
by the Street and Water Board for the re-
paving and repairing of unpaved streets.
The appropriation was absolute, and LETT
nothing for the Finance Board to do in
the premises. There arose, however.
discussion as to whether the Board OF
Finance had power TO concur or refuse 10
do so In contracts to be paid for with this
money or to approve or reject bills to be
paid out of it.
This would. nominally, be the last year
when this appropriation would hold
good, under the charter. The discussion
is now complicated by the laws passed
during the winter looking towards the
continued use of the license money tor
street repairs. Mr.. Kenny claims that
these laws repeal the charter appropria-
tion and place the whole matter in the
we'll as future years. The Street ana
Water Board people hold that the char
ter appropriation remains unaffected by
this years laws, and that these laws only
take effect next year. The recent opin-
ion rendered by Mr.. Edwards is inter-
preted as favoring the Street and Water
Board view of the case. 1t is to this Mr..
Kenny takes exception.
THE LAW IN THE CASE.
The subject is covered by Two acts OF
the last session of the Legislature. One
is Chapter 134, approved March 28, 1891;
the other is Chapter 22S, approved April
IA, 1891 The former is the law by which
the Street and Water Board is con-
stituted in It's present shape. sec
iion 9 Of this act empowers the
Finance Board TO set aside one-half OF the
license money for street repairs for Pc
riod OF six years. 1t leaves the spending
OF the money entirely to the Street and
Water Board, however. 1t was on this
section and the tenor of the act in gen.
eral. that Mr.. Edwards founded his optn-
ion. and thisJs what he said:-
This bringsme down TO the consideration Of
the effect Of the act constituting the present
Board Of Street and Water Commissioners
(ChApter iS7 Laws of ls9D. This act by Section
= expressly enscts that the power o. . concur, on .
b. dispeRsd with and authorizes It's retention 1t
also deals with the question OF street repair
funds Section thereof is substantially Sec
iion II of fhe new charter. except that it recog
nizes two classes of appropriations, one already
made. 20 WI, ;..der The new charter and one
which may be made under the act of 1921. This
section clearly Scontemplates the continuation
of the appropriation for the year made under
the new charter.
Board. with the approval Of the Mayor, TO make
similar Appropriation, out OF the excise fund
for the period ol six years. There is no repealer
IN the act OF 1891 :, the two acts must stand to-
gether If possible That such was the intention
of the Legislature Is clear from the reference 10
the existing appropriation referred to IN Section
5. l. therefore. advise that for the year 1891 the
appropriation for this purpose has been made
by the Legislature, and you have no control over
it. but that from and after the present year the
appropriation can only be made by your Board
when approved by his Honor, the Mayor. The
absolute control over the expenditure q TINS
Commissioners in terms even more explicit than
by the act OF 1889.
THE OTHER LAW.
Mr. Kenny claims that even III Chapter
1874 contemplated a continuation of the
appropriation made under the ne W char
ter,and that its own Section No. should
only become operative next year, when
the charter appropriation has expired,
still Chapter 226. being subsequent
statute By a repeating clause which IL can
tains, wipes out not only the new charter
appropriation. but also the effect of Chap
ter 1874. This, he claims. would leave
Chapter 226 the only living operative law
on the subject. and so would place the
APPROPRIATION Ul tHc llceusb luOucy III tue
control of the Finance Board for this as
well as future years. This is the way
Chapter 226 reads
l. Be it enacted by the Senate and General
Assembly of the State OF New Jersey That
shall be lawful in any city of this State for the
Board hryng charge and control OF the finances
thereof Il appropriate and set apart annually
with the consent Of the Mayor, for the period Of
six years from the date hereof out of the license
fees received Ia such city for licenses to sell
spirituous or malt liquors. one half thereof foI
the repaying, repairing and improving
said moneys SO appropriated shall be
disbursed. applied and expended for such pur-
poses exclusively by the Board Or department. Of
such city charged with the duty of paving and
repairing streets, and by no other Board or au-
thority Lor for any other purpose whatever.
2 And be it enacted, That all acts and parts OF
acts Inconsistent with the provisions of this act
be and the same are hereby repealed, and that
This act shall take effect Immediately.
Approved April II, 1891.
tMR. EDWARDS FIRM.
Mr.. Edwards was led yesterday by a
NEWS reporter If the points raised by Mr..
Kenny suggested to him any modification
of his opinion. He said they did not. He
had drafted both of the provisions In
question He had had the section in
serted in Chapter 1874, and he had drawn
up the other statute and made represen-
tations TO the Governor which caused him
TO sign 1t. He (Mr. Edwards) was fully
posted as to the intent and effect OF both
enactments, and he WAS sure the exposi-
tion given in his opinion was the correct
one. he thought the Finance Board
should follow IL, 10 order to avoid taking
undue responsibilities He expressed Il
high regard for Mr.. Kenny's zeal In the
public welfare and for his general sound
judgment; but he stuck TO 1t that SO far
as the law was concerned, he was right
himself.
The Board of Finance has forbidden
the City Treasurer to set apart any part
of the license money for street repairs
without its express authorization. In
due time. 1t Is expected. the Street and
Water Roard will make requisition on
him Tor the money. Thus an open issue
will be created which the courts will pro-
badly be called upon TO determine.