The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1891-04-16
TO TEST 4HE LAW.
Newark Republicans File
a Bill Against the New
Board Of Works.
IS IT CONSTITUTIONAL !?
Legislative Authority Delegated TO
the Mayor, II is Claimed.

Injunction was filed In the Court of
Chancery at Trenton yesterday by ex-
Judge J. Frank Fort, In behalf of John
Illingwortb, Frederick Kuhn and Norris
ID. Macknet, as citizens and taxpayers.
restraining the Mayor. the Common
Council of the city of Newark, the New
ark Aqueduct Board, James f. Con-
nelly, Comptroller of the City of Newark;
f. Grams Runyon, Auditor, aud George
w. Howell, City Treasurer, from turning
over the property. money. ETC., of the diff
ferent departments within their control
to the now Board Of Street and Water
Commissioners. and to enjoin and restrain
the Board of Street and Water Commis-
sioners from taking the property.
The bill contains prayer holding each
of the new Street and Water Com mission
ers. specified by name, personally respon-
sible for any property they take or act
they may do under. the law, and asking
that If they touch the property be-
fore this suit is determined tn at
they shall be required to restore In its
entirety any property that they may take.
They or their bondsmen are held person.
ally responsible. The bill also enjoins
them from entering into any contract In
the name of the city.
In the bill the orators allege that
the appointments OF the Board OF
Street and Water Commissioners and
their taking possession of the
property Of The city and the Aque-
duct board is without warrant of law,
and should be erjoiued by the Court.
That the aot under which the Board IL
appointed Is void, because 1t contravenes
Article 4. Section Z. paragraph 4. OF the
Constellation. which declares that,-
ITO avoid improper influences which
may result from intermixiug in one and
the same act such things as have no
proper relation to esch other. every law
shall embrace but one object, and that
shall be expressed in this title" The
act in question, approved on March
2s, 1891, appointing said Board Of
Street and Water Commissioners as here
iubefore stated, expressly declares in the
title that it has two objects, viz: First,
"An act concerning cities of the first
class In this State and constituting muni-
cipal Boards of Street and Water Com
missioners therein, and Of defining the
powers and duties OF such municipal
bosrds.n
1t is also alleged that the enacttng part
of said bill is likewise in conflict with
SAID provision of the Constitution In
this, that while by the title Of the said
Board of Street and Water Commission
ers, and thereby transfer to them
matters relative to these depart
ments, yet the said act by the second
section thereof attempts to, and expressly
does place in the control OF the said Board
all sewers, and all matters relating TO the
construction and management. and con-
troll of the building Of sewers. and the
tapping. Of sewers, ETC., in said
the the said Board, and does also by
the said second section there
of attempt to confer power and au-
thority upon the said Board of Street and
Water Commissioners to improve, repair,
manage, maintain and control parks and
places and public docks, wharves, bulk
heads, bridges, baths, fountains, or other
structures, and the manageme Mt ana con-
troll of all public buildings, whether owned
or rented, used or occupied now under the
corporate authority of the said the Mayor
and Common Council of the city of New
ark other than the City Hall, public
markets, hospital or poor aud aims or re-
formatory buildings. And also in this,
that the enacting part Of the said bill
sections thereof undertakes to estab-
lish a system Of procedure and the
creation of and direction for the
calling of a special term of the Supreme
Court OF this State and defining It's pro-
cedure In matters of litigation arising
under said act and concerning which
there is no reference whatever In the title
OF the act
II is understood that other proceedin Is
are to be commenced in addition TO
ups upon e ex-Judgs s, Fort this morning.
and asked him if this were true.
A further objection Is at the law Is
of the city OF Newark, and not
general act regulating the internal affairs
OF towns and counties, and therefore
in conflict with Article 4, Section 2,
paragraph II, of the said Constitution
in this:-that the said act in
several Of its provisions, notably Sections
4, 16, 20 and 49, which sections apply only
to and can apply only TO Jersey City. and
are only intended to so apply, are local
and special. and that The said act
it applies only to the cities of the
first class, which include only cities of
the State having population exceeding
10000, and not 10 all cities OF the State;
that there are but two cities OF the State
that are cities OF the first class, namely
Newark and Jersey City, and that the act,
RI a general one and given the full scope
Of lis title, must apyly to both OF these
cities; that by the enacting clauses OF
sold act, at the twenty third section
thereof. it is expressly provided that no
more than one Board OF Street and
Water Commissioners shall at any time
be established in any one city OF
this State. IL is shown there was at
the time of the approval OF said act,
established In the city of Jersey City.
Board of Street and Water Com mission
ers consisting OF three members, and that
the members of said board are not re-
moved py the act of March 2S. 1891, or
their title OF Office effected.
se is also orged that the act creating
the Board OF Street and Water Com
nlS~ioners in a delegation of legislative
authority TO the Mayor of a city,
as it leaves the operation of the act in
any city dependent upon the option of
the Mayor of such city whether he
will appoint five suitable persons resi-
dents Of such city to be Street and Water
Commissioners therein, aud that its be-
coming of legal force is left to the action
Of the Mayor to appointing Board of
Street and Water Commissioners.
While the Judge would neither deny nor
affirm the report, he intimated that some
further developments might be expected
in this case In short time.
The County Road Map.
The Board of Freeholders meet tonight
<ho r.,ana nf the new cnunfy road