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

~ lHtNC lGAAIA z LuE new CI1INEI
contains an exception to this rule; by
Section - it is provided that the Board OF
Street and Water Commissioners shall
exclusively disburse the fund therein
created out Of the license fees for the re-
paving and repairing Of streets As |
have heretofore advised, the Board of
Finance have no concurrent power over
these disbursements; by Section II of
that act the whole matter is entrusted to
the discretion OF the Board OF Street and
Water Commissioners. But / am asked
to advise whether your Board has any
control over the making of the appfo-
p~riation for street repairs ont Of the
license fund. The provisions of the new
charter of 1889 and the recent net Great
ing the present Board of st Get and
Water Commissioners (chapter 1874 of tue
laws OF 1921, both deal with this aDpro-
priatiou, but IN different methods.
Under the act OF 1889, Section 10, it is
enacted that one half of the fees so re-
ceived for such licenses. If any are granted
In such city for and during three years
next after the passage of this act, shall
be kept as "A separate fund aud shall be
disbursed exclusively by the Board or
Street and Water Commissioners herein
provided for, in the repaying, repairing
and improving Of streets, avenues aud
public places a. herein before provided,
aud for no other purpose and case no
snch licenses are granted or fees received
4 AAGA III SUN CAPIAA1 1A0AA 10 u
under this act The law makes the ap-
preparation outright and vests no dis
erection in setting the same aside as a
separate fund to any board or officer In
the city. This act was approved April 9.
1889. so that the Board OF Street aud
Water commissioners were vested with
the right to expend without further ap-
preparation for the purposes aforesaid
the one half of the license fees collected
for The year 1889, 1890 and the present
year 1891, and still possess that right un-
less the same has been mo1lhed by suDSe-
quent legislation.
That brings me down to the considera-
ton of the effect of the act constituting
the present Board OF Street n
Water Commissioners (chapter 1874 of
the laws of 1921. This act by Section -
expressly enacts that the power OF con-
currence, vested In the Board OF Finance,
shall not Do dispensed with, and en-
phasizes its retention.
1t also deals with the question OF street
repair fund. Section 5 thereof is sub
stantially Section II OF the new charter,
except that il recognizes two classes OF
appropriations, one already made, to wit,
under the new charter, and one which
may be made under the act of 1891; the
language is, and be il enacted. That the
Board Of Street and Water Commission
ers herein provided for shall have power
in their discreation to repave, repair or
4 IIlUIONC. III DuU4AC GApCu6lr guy a VI
any street, lane, alley, avenue or public
place already paved, or that has been
paved to be paid for out of the funds
raised By the issue of licenses for the
sale of spirituous or malt liquors, hereto
fore appropriated upder existing
laws for that purpose IN such
city, or which may hereafter
be appropriated for that purpose In any
such city under the authority conferred
BY this act" This clearly contemplates
the continuation of this appropriation for
three years made under the new charter.
The sixth section gives power to your
Board with the approval of the Mayor to
make a similar appropriation out CT the
license funds for the period OF SIX years.
There is no express repeater in the act OF
1891: the two acts must stand together II
possible. That such was the intention OF
the Legislature is clear from the refer
ence to the existing appropriation re-
ferred to in section 5. | therefore advise
that for the year 1891 the Appropriation
for this purpose has been made BIZ he
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
oyer their expenditure of this money is
conferred upon the Board of Street and
Water Com missioners in terms even more
explicit than by the act of 1889.
Il nave Dttu C5pCCltAA1 aoACA " v
il the Board of Street and Water Com
missioners have the power to enter into
n contract payable from the license funds
for an amount greater than two thousand
dollars without your concurrence, as pro-
vided in section Q Of the supplement OF
1874
The language OF section 6 of Chapter
1874 of the laws of 1891 is that these
moneys ''shall be disbursed, applied and
expended for such purposes exclusively
by said Board of Street and Water Com-
m~lssiouers, and by no other Board or au-
thority. nor for any other purpose what
ever" This language clearly negatives
any idea of concurrence by your Board IN
any contract or disbursement connected
with this work, even IL the contract or
N amount to more than s2.00O- /
therefore conclude that POUR Board still
has the power of concurrence conferred
BY section 9 Of the laws of March q, 1874,
above recited. except as TO
sthe employment of any person whose
compensation may exceed one thousand
dollars per annum," which words were
stricken from the act nv the repeater con-
tanned in the law Of 1880, and except as to
the disbursements out OF the license fees
for the repaving of streets. In tue sup
plement of March %, 1874. sections 20 and
81 also refer to the number OF employees
and their salaries, who may be appointed
by the old Board Of Public Works; IN the
I STINT OF tl6 dCt VI lcoOt 4 CC0 AOh l0"
the effect of these sections. The Board OF
Street WI alter commissioner however,
uuder Chapter 1874 of the laws OF 1871.
musr fix the compensation of its employees
''within such limitations as TO amount as
may be now fixed by law IN any such city"
for example BY section 20 OF the supple
mept of March 81, 1874, tue salary Of the
Clerk of the Board is fixed at 5000 per
annum while By section 10 of the same
the total expenditure for the
bureau OF Civil Engineering and Survey
must not exceed $4,000 per annum. IL
the Board OF street and Water Commits
siouers should endeayor to exceed these
| limitations IL would become your duty TO
Instruct the City and City Comptroller to
refuse 70 honor their warrant.
Again. under Chapter 1850 the Laws OF
1891 page 1876, section 4. 1t is provided "that
the Board having charge and control OF
the water works for the supply OF such
] city shall, before making or mourning
1 any obligation on behalf of such city
against the water account thereof, lay
( aside and devote each year a sur sufh-
clent 10 pay the interest upon all water
bonds issued and to be issued by such
city on behalf of the water supply
thereof"
IL is your duty, as the guardians OF the
| City Treasury. to see that the interest on
the water debt is fully provided for be-
fore any large sums OF money are exDend-
ed for salaries ia the Water Department.
As 10 the manner OF exercising this
ri~ht vonr Raard must either concur or