The Jersey City news., 1891-09-10
LAW AND WAR.
The Two We're Rarely En-
tangled in Last Nights
Finance Boards
Meeting.
MR.. KENNY'S BIG SPEECH.
He Denounces the City Comptrol-
ler and T:easurer-Sinking
Fund and Excisa
Money.
MIR. KENNYS BIG SPEECH.

4hClO U1o htOlO VI 1888 OiOOo Ohh
the face Of the moon as seen
through the windows of the FL
nance Board offices in the City Hall
last evening. IL was splashed ON the fir
mament from the scaipng knife of
Commissioner kenny, ,and it flowed from
the Uranium of the City Comptroller and
City Treasurer.
Corporation Counsel Edwards tried to
act as Medicine man, by administering
DIN ment and sticking plaster all around.
Whether all the sores in the City Gov
ornment will be healed by his bland
manipulation remains to be SEEN
The meeting Of the Finance Board was
special one. 1t was attended by Presi-
dent Edelstein and Messrs. Kenny and
Peterson. Mr.. Edwards also was pre-
sent. When the Board got down to busi-
ness. the fun began. Mr.. Kenny arose
and made long speech His topic was
the action Of Messrs. Hough and Jere-
miah B. Cleveland in setting aside pol
tion of the Excise Fund for street repairs
and paying it out at the order of the
Street and Water Board. Mr..
Kenny considered that this act
amounted to malfeasance in office.
Board would be justified In employing
counsel, other than the Corporation
Counsel. who has given an opinion sup
porting the. legality of the Comptroller
ana Treasurer's action, to sue Tor the re-
covery of such money as has already been
disbursed in the manner indicated. He
did not advise such course. He simply
hell that IL would be competent for the
Board to adopt it, No definite action was
taken by the Board on the subject, and it
is not thought likely that any very radi-
cal steps will be taken In opposition TO
The Corporation CounsePs opinion.
MR. KENNY'S VIEW.
In his speech, which was very long, Mr.
Kenny argued that even assuming that
the claims of the Street and Water Board
were generally correct, the money could
only be placed at heir disposal by being
set aside, in accordance with law, by the
Finance Board, which is the Board hav-
ing general and primary control Of the
Guys money. He cited the fact that this
was actually done in 1889 and 1890. as the
Comptroller and Treasurer we'll knew.
He further held that the clause of the
charter gives the Finance Board some
control over the expenditure OF the money,
whica says that no contract shalt be bind
lug upon the city or become effective or
operative until said bonds are approved
by the Board of Finance, and no such
contractor shall commence any such
work or incur any expense whatever to
to be paid by the city, or by assessments
the Board of Finance approves of the
bonds, Here" said he. "are the very
moneys, set apart by whom does not mat
ler, and yet they cannot be used by con-
tract until the Board Of Finance first APP
rroye of the contractors as to suf1ic-
lie lcy."
Mr. Kenny next drew attention to
Section % of tine Board of Works act of
lnis year. This section provides for con-
tinuing the concurrent power of the
Finance Board in the Street and Water
Boards proceedings. In this connection
Mr.. Kenny made the following remarks:-
president, permit hle to say relative
that to the Hon. Dennis Mclaughlin is
due the retention OF the concurrent power
by this Board of Finance, who thereby
has saved the taxpayers of this
city much, SO much that the w1seSt
cannot imagine and no one but the
Almighty can tell. / do hope that
while Mr.. Mclaughlin takes any part as
leader Ia the politics OF the city. and
it may be for many years TO come, that
he will always oppose by any means
within his power, the taking away from
this Board by Legislature enactment the
concurrent power IL now DOSSeSeS. IulS
Board has never questioned the right of
the Street and Water Board to expend
every cent of the oue-half of the liquor
license money without let or hindrance
after il was set aside for that purpose by
this Board, and used for the purposes
named in the act. 1t is rather danger
Gus thing to expend moneys without
their first being appropriated.
THE SINKING FUND MONEYS.
Mr.. Kenny next took up the matter of
the Finance Boards demand for infor-
nation from the City Treasurer as to the
present disposition of the Sinking Fund
cash. ''1f the Treasurer 10 reported COR
rectly,' said he, ''in the Eueadng journal
of August 10 he has shown a want OF
knowledge of the duties of his Office. He is
reported as having said or indicated that
he believed the Board of Finance had
asked far too much. He gave them all
the information they were entitled to-.
to meddle with something with which
they have nothing to do, and were mat
ters out of the Jurisdiction Of the Board
of Finance"
Mr.. Kenny quoted Section 1888 of the
Chapter OF 1871 to show that the powers
of the Finance Board amply covered the
subject, especially in reference TO the
bank deposits of the money, when
it says ''For the purpose OF carrying
out the provisions OF this section. the City
Treasurer shall make his deposits and di-
rect his drafts under the general supervl-
sion and control of the Board of Finance"
The general tenor of his argument was
outlined in the intervisw with member
OF the FINANCE Board, printed In the sun
day edition of THE JERSEY CITY NEWS two
weeks ago. In summing up upon this
topic. Mr. Kenny said:
II would ask the City Treasurer how
the Board of Finance could carry into
effect the provisions of this law unless
they get from him correct statement of
the finances in the city treasury. He
must know by this time that ne can de-
posit no moneys in my bank, and only in
amount as this Board directs, and that
his drafts upon the banks must be made
also under the supervision and con-
troll of this Board Section l OF
All act approved March 9, 1857, says,
tnat it shall be lawful hereafter for
the Board Of Finance or other Board or
department having charge of the finances
of any city to prescribe by resolution the
mode and manner of payment of all in
teresu that may fall due on any city in
debtedness, whether the same be interest
on bonds registered or coupon, or upon
any other class or character of in
debtedness' The City Comptroller
would do we'll by paying particular
attention hereafter to the provisions of
Section 1874 of the charter Of 1871 and re-
port to this Board any infraction thereof
relative to the manner of disburslng
moneys from the city treasury. do