The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1891-04-01
BOARD OF WORKS TALK.
Wholesale Powers of the New Com :
miSsioners-WiIl the Courts
Upset 1t?

The one absorbing topic among poll
ticians still cont inues to be the new law
which abolishes the Street and Water
Commissioners and erects IN their place
Board OF Public Works with five menu
bers. Now that the bill has become law
people are anxious to ascertain what
powers are invested in the new Board
which the old did not possess. This Is
no easy matter to ascertain, as the bill
which finally became a law was not
printed. The bill originated in Newark
and was pet scheme of the politicians
of that city. As originally drawn 1t prac
tically abolished the concurring power
of the Board of Finance,
with Jersey Cfty's government to such an
extent that the Hudson men opposed the
measure so strenuously that the Newark
men withdrew IL and introduced subst1-
tute which was acceptable to the Jersey
City delegation. Among the powers
granted TO the new Board Is authority
over the erection, construction, improve
ment, repair, maintenance and control of
all public buildings and real estate owned
by the city. The exception 70 this being
the erection of school houses, police and
fire buildings
This may give rise to the question
whether ali matters connected with the
vested in the new Board aud the City
Hall Commissioners left with nothing to
do. The Street and Water Commissioners
now nave control of the erection Of school,
police and fire buildings, except as the
last Legislature gave the Board of Educa-
ton entire control over the erection OF
school buildings The new Board of
Works will have authority over the light
ing of streets, which is now vested
inE the Police Board. 1t also secures
one of the most important powers now
held by the Board of Aldermen. The new
law places In the hand OF the Board OF
Works the authority to grant street rail-
road franchises, perogative which has
been jealously guarded by the Aldermen
ever since the city was incorporated lt
also takes from the Aldermen whatever
control the City Fathers had over the
streets, and that which they exercised
with such Jealous care over the Morgan
street dock aud the old fresh water bath
also goes TO the new Board of Works. In
fact there is little left for the municipal
salons 70 do but grant licenses and per-
mits 10 peddle and erect poles and to pro-
vide for elections.
This stripping the Board of Aldermen
Of all their powers was done by the New
ark men, as that Board was the body they
were after when they brought in their
bill There are many people In Newark
who are opposed to the new Board, and
are making preparations 10 test the con-
sti utionality of the law. As soon as the
Mayor announces his appointees to the
Board, Ex-Judge Frank Fort will sue out
writ of quo warrant against them
which will bring the law before the
Court.
The trainers of the bill looked ahead
far enough to see what would be the re-
suit of litigation, and provided that a
special term of the supTeme Court may
be called within thirty days at which the
controversy may be settled.
One lawyer who passed upon the bill
gave it as his opinion that the Senate sub
stitute for Assembly bin No. 3S1 infringes
the Constitutional provisions contained in
section T. OF article IL Cine section re-
ferred to forbids local special legislation).
The courts are jealous of Legislative in
reference with the affairs of municipali-
ties and have frequently expressed SO
expressed themselves. They respect the
rights of citizens forming community TO
regulate their own matters as lar as
practicsb Bile. He was satisfied that the
couats would be disposed to hold the law
referred 10 me as unconstitutional IL there
were any valid reasons for so doing.