The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1891-07-30

street. anu Wat-r COMMISSIONERS
return the resolutions or action
In question for further consideration, aud
POUR Board may or may not. In is dis
erection, grant tais request. Where a re-
quest Of this character is made. however,
10 the interest OF economy. IL should be
promptly acceeled to aud u careful record
made thereof to prevent the duplicate
payment OF bills Without such a request
your Board cannot return n bill for cor
rection. Noo-cOncurrence on our part.
IN the payment Of bills, however. does not
prevent the Board OF street and Water
Commissioners from passing the same
claim for q reduced amount, subject to
your further concurrence. N~on-concur-
renee in an improvement or contract stops
the work and proceedings must be insti-
tuted anew.
While your Board has the right TO in
vestigate fully every claim presented for
concurrence, and to that end call for in
formation from tne Board OF Street aud
Water Commissioners, aud also from any
clerk. engineer or employe, when this
Investigation has been made you should
concur or D~on-coneur. The right TO call
for Information is founded upon section
% Of the supplement OF March "A. 1873,
which Is as follows
And be it enacted. That said Board Of
Finance u Taxation aud ITS appropriate
Committee b have lat all times) the
RICH. to examine any records. books. flies
or other papers pertaining 70 the business
of said city. belonging TO or in the posses
sion or under the control Of any Board or
officers, or any agent, clerk, assistant or
empIoye OF any such Board or officer; aud
it shall be the duty of every sucn Board
or officer. agent, clerk, assistant or em-
pl0ye, forthwith upon the request OF said
Boaru Of Finance and Taxation or its aD-
propriate Committee, 10 furnish for ex-
animation every such record. book, file or
| afhnr nu mara md IN Oiva all rGunflkfa IN
formation in regard thereto"
Although you may call for this infor-
nation directly from the employees OF the
Board of Street and Water Commission
ers, | advise that under the terms OF sec
I tiou 20 OF the act OF 1891 tchapter l3f) the
request for information be made through
the Board, u Ii that Board fails
to promptly comply hen to the Chief
Engineer, Clerk or other employe
possessing the desired information direct.
ly. Your Board also has the right 70 iu-
sist upon having each requisition for sup
plies, with the cost thereof, submitted 10
it before the purchase Is mad A pur-
chase by the Board Of Street and Water
commissioners. although the materials
have been furnished under the expires
order Of that Board. does not bind the
city without your concurrence. On this
point | refer 10 the case of The Stale.
keeneY vs.. Jersey City, Is FNroom, page
40. and quote from the concluding por-
tion Of tue opinion of the Supreme Court
therein.
sIn the present case the Board Of
Public Works did not oruer the doing OF
the work or the procuring OF the mate
rails, but they ratified the act OF the Com
missioner of Streets and w by APP
proving the bill rendered by the plaintiff,
and sending IL 20 the Board OF Finance
and Taxation. The subsequent ratifica-
ton of the Board OF Public Works was as
good as II a previous order had been
given for the work and materials, out it
is only effective to the extent OF their
authority under the charter 70 order the
improvement.
"rhis, as we have seen, could not be done
without the concurrence OF the Board OF
Finance n Taxation, and by this Board
there has been no ratification The whole
law on this subject Is briefly stated IN
Cory v. EFeehoiders OF Someis set. 10
Vroom AS, 455. the Court says that
where the charter authorizes ii contract
to be made by the corporate body IN a
certain mode. whereby the power of such
body is Intended 10 be limited, Its officers
aud agents cannot bind il In any otner
manner. In such cases Only a limited
power Is granted. aud consequently an
act done beyond the scope of SUCH power
is void. This is the rule to be applied in
this case, where a contract irregularly
made 10 behalf of the city having been
ratified BY our Boards, the other, whose
concurrence was essential Ia making
any contract, now refuses to rally II.
Such partial ratification is not sufficient
TO bind the city for work done under this
contract with the Street aud Water Com
missioners.p
These are the general principles in
volved; let me now say a word as to their
application to the resolutions
by Mr.. Peterson n referred to me,
which / have numbered !, 2, 3 a 4.
No. 1-Resoived, That the annexed
resolutions passed by this Board May q,
1891, be referred to the honorable Board
of Street and Water Commissioners for
an answer under the provisions OF section
So of Chapter 3l5 OF the laws OF 1913; and
be- IL further
Resolved, That the Corporation Coun
sci be requested to advise this Board at
its next meeting as 10 It's powers under
said section, aud its general powers over
the inject matter OF such resolutions
Following are the resolutions anneXed:-
Resolved, That the Board of Street and
Water Commissioner be requested TO in
form the Board whether any contractors
for public improvements are permitted.
by the terms Of their respective contracts,
to lay or relay street Davements upon
cinders, clay, debris or any other material
other than clear, sharp sand, and whether
any other material than proper sand has
been used for said purpose as
charged by complaints made Indi-
yidually to members of this Board.
No. 2-Resolved. That hereafter the
Board will not concur in or make any
provision for the payment OF any claim
or obligation Incurred by the board Of
Street and Water Commissioners Tor
men employed, or merchandise, or ma
terials purchased by said Board Of Street
aud Water Commissioners Tor the Water
Department OF the city. unless the en-
ployment of such men, aud the rate OF
compensation to he paid, and the nature
aud quality of such merchandise or ma
terial, aud the price thereof IS nrst sub
United to this Beard for its approval
No. 3-Resolved, That on and after this
date all bills presented to this Board Tor
concurrence shall be made in detail, stat
ing by whom ordered. the date, aud for
what place and purpose. noting the
quantity, quality aud price, the amount
Of labor performed, with rates, etc, IL
being understood that this Board in the
future decline to receive ANY
claims for concurrence unless the same
be drawn in accordance with the terms
of this resolution.
No. 4-Resolved, That this Board will
not hereafter concur in u contract for
any public improvements unless the iu-
speetor appointed TO saDerintend such
Improvement is a practical man and CON-
peIent to perform the duties OF said IN
spector on such Improvements the name
OF such inspector to be sent 10 this Board
WITH the raeafuriOa requesting the