The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1891-07-22
FACTS AND FINANCE,
Continued from FIRST pace.

Continued from First page.
purposes; and in case no such licences are
granted or fees received, then no such ex.
pense shall be incurred under this act.
The law makes the appropriations out
right and vests no discretion III setting
the same aside as a special fund to any
board or officer In this city. This act was
approved April o, 1889, so that the Board
OF Street and Water Commissioners was
vested with the right to expend without
further appropriations. for the pur-
poses aforesaid, the one-half OF the
fees collected for the years 1889,
1880, and the present year 1891, and still
possesses the right unless the same law
has been modified by subsequent legisls-
lion.
FINANCE RIGHTS.
This brings me down TO the consider
alton, of the effect OF the act constituting
the present Board of Street and Water
Commissioners Chapter 1877, Laws Of 1891.
This act by Section %, expressly enacts
that the power OF concurrence vested
in the Board OF Finance should not he
dispensed with and authorizes its re-
tention. Il also deals with the question
OF street repair funds. Section 5 thereof
Is substantially Section IL of the new
charter. except that it recognizes 1--WE
classes of appropriations, n already
made, TO wit. under the new charter, and
III WnACn may 10 ndNAo oldCA tuO u VI
1891. This section clearly contemplates
the continuation OF the appropriation for
the year made under the new charter.
The sixth section gives power to -FOUR
Board, with the approval of the
Mayor, to make a similar appro-
priation, out of the excise fund
Tor the period of six years. There is
no reDealar In the act Of 1891; the two
acts must stand together il possible.
That such was the intention Of the Legis-
lat is clear from the reference TO the
existing appropriation referred to in sec
tion 8. / therefore advise thar for the
year 1891 the appropriation for this pur-
pose has been made by the Legislature,
and you have no control over it, but that
from n after the present year the ap-
preparation can only be made by your
Board when approved by his
Honor. the Mayor. The abso-
lutte control over the expenditure.
Of this money is conferred upon the
Street and Water Commissioners in
terms even more explicit than by the act
of 1889.
II have been especially asked to advise
il the Board of Street and Water Com
missioners have the power to enter into q
contract, payable from the license funds,
for an amour greater han two thousand
dollars without your concurrence. as
provided in Section 9 OF the supplement
OF 1874. The language of Section 6 of
Chapter 1876 of the Laws OF 1891, is that
these moneys shall be disbursed. applied
and expended for such purposes exclu-
siyely by said Board of Street and Water
Commissioners, and by no other board or
authority, nor for any other purpose
whatsoever. This language clearly neg
atives any idea of concurrence by your
Board in any contract or disbursement
connected with this work, even If the
contract or payment amount to more
than $4,000 ], therefore, conclude that
your Board still has the power
of concurrence conferred by Sec
ton Z of Laws of March 81, 1874,
above recited except as to the employ.
ment of any person whose compensation
may exceed n thousand dollars per an.
num-. which words were stricken from
the act by the repeater contained i'm the
law of 1850, aud except as to the dis
bursemenrs out of the license fees for thu
repaying of streets. In the supplement
OF March q, 1874, Sections 20 n 81, alss
refer to the number OF employees ane
their salaries. who may be appointed BY
the old Board of Public Works. In tn,
sight OF the act of 1850 / need not review
the effect OF these sections. The BoarC
or Street and Water Commissioners
however, under chapter 134 of the law
of 1891 must fix the compensation of IL
employees within such limitation as I.
amount as may be now fixed by law il
any such city; for example by Section 90
of the supplement Of March 81, 1874, thI
at s3,00V per annum, while BY Section Il