The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1891-07-30
BOARD OF FINANCE.
torF1crAL p-nocEEprSes.l

nance heht AZ the City HAL. TUESDAY,
July 81. 1891. NJ eight O'clock D. m.
Present-President EdeIsteiD, Messrs.
Allen, Hitler, Kenny and Peterson.
On motion the reading of the minutes
was dispensed with aud they were APP
proved rs printed.
PRESENTATION OF PETITIONS AND con-
MUNIcATIoSs.
Petition Of Martin A. Bidwell for return
OF surplus paid Tor edefnption OF lands
sold for unpaid taxes, etc.
Petition Of Catherine Oman for return
OF surplus paid for redemption OF lands
sold for unpaid taxes, etc.
Received and referred to the Committee
on Finance.
OFFICIAL COMMUNICATIONS
The following communication from the
Corporation Counsel was received and
ordered spread upon the minutes and
filed:-
Hon. Board of Finance,
Sirs:-Ny opinion has been asked upon
a number Of questions involving the
right OF concurrence of your board In the
actions of the Board of Street aud Water
Commissioners and also your general
supervisory powers over the affairs OF the
Municipality Entrusted to that Board aud
the in which the same should
be exercised.
In order TO fully understand the status
OF affairs a slight review of the early leg
~islation on the subject is desirable. The
Board Of Finance aud Taxation tine pre-
decessor OF your body. who first grated
upon the municipal body polite by the
Charter OF 1871 IAN Act to r~eorganize the
local government OF jersey City). See
Sections lbs to 1873 of that Act for its
general power. AS originally constituted
it was purely a financial Board, IL had no
special power over the Board OF Public
Works 1.-THE predecessor OF the present
Board OF Street aud Water Commission
ers) except ia fixing the annual apDro-
priations therefor and the borrowing OF
money therefor. when require |. BY the
supplement Of March "a, 1873 tpage 400.
to the City Charter, Section 81, the sys-
TEN Of concurrent action by some other
Board over the business of the Board OF
Public Works was fnnugurated; but the
concurrent power was placed by that Act
In the Board OF Alderman. / quote that
Section in full:-Section 81. and be it en-
acted that no motion, resolution or order
OF the Board of Public Works providing
for the making of any improvement. or
the doing of any work, or the procuring OF
any materials, or the purchase OF any
property which may cost over two thou
sand dollars. or for employment OF any
person whose compensation may exceed
one thousand dollars per Rnnum, or for
the payment of any sum of money ex-
ceedinG two thousand dollars shall be of
any force or effect unless the same Is
c~oneurred in by a vote of the
Board of Aldermen, provided that
IT shall he necessary for the
Board OF Public Works to send to the
Mayor for his approval under section
n~inety-iye (95) Of the act 60 which this
is a supplement any resolution or vote
thus required to be coucurred In by the
Board Of Aldermen before 1t becomes
valid.
BY the supplement of March 81, 1874
(page 504). this concurrent in the
Board Of Aldermen was repealed and a
more sweeping power given to the then
Board of Finance aud Taxation. The
power as granted in Section . OF that sup
plement is as foliows:- ana
hereafter no motion, resolution or order
of the Board of Public Works providing
for the making Of any Improvement or the
doing of any work, or procuring OF any
materials, or the purchase OF any prop
erty or for the employment OF any person
whose compensation may exceed one
for the payment OF auy sum
of money exceeding 5000 in shall
be of any force or effect unless the
same be concurred 10 by a vote of the
Board OF Finance and Taxation, pro-
vided that it snail not be necessary for
the Board of Public Works to send TO the
Mayor for his approval. under section 95
of the net to which this Is a supplement-,
any resolution or vote that is required TO
be concurred IN bv the Board of Finance
and Taxation qnd the provisions OF
this section; and provided further, that
it shall not be necessary for the
Board of Public Works 10 send to
the Board Of Finance and Tax
alton any resolution providing for
the payment of money on account of
any contract OF purchase, where the reso-
luton authorizing such contract or pur-
chase shall have been in by
the Board of Finance aud Taxation No
further amendments TO the old Charter
of Jersey City were made afecting this
concurrent power prior to the adoption OF
the new Constitution, after which special
legislation was forbidden.
But in 1880 the concurrent power of the
Board of Finance and Taxation WAS
materially curtailed as TO the appoint
menJ of the employees OF the Board of
Public Works. Chapter So of the Laws of
1880, page As. provides In section / that
hereafter the several municipal Boards in
the cities in this State. by whatever name
or designation said Boards, or any of them.
are known in law. are hereby severaily au-
thorized and empowered to appoint aud
employ their officers. agents aud employees
respectively provided for by law, without
the concurrence OF any other municipal
Board. and such concurrence therein
shall not be required"
lawful for each municipal Board. Board
OF Public Works or other City Board in
the several cities OF this State to appoint
and employ lis appropriate officers and
agents without the concurrence OF any
Board of Firauce or other municipal
Board in such city. and the right OF any
one municipal Board to concur in the aD-
pointment and employment or In the sal
AIRY or compensation Of the officers and
agents OF any other municipal Board, Is
hereby abolished and u
section shall not be required"
Section 3 contains a repeater OF all in
consistent. general and special acts.
This act applies to Jersey City. aud did
away with the concurrence by the Board
of Finance and Taxation in the matter
Of appointments and salaries of the
employees of the Board OF Public
Works. except so far as the same
NAV be regulated by the annual tax
budget. The other concurrent rights
conferred by the supplement- OF 1874 re-
manned Tine question now arises. was
this right OF action modified
or repealed by the new charter of 1883
(Chapler l2O or by the act creating the
present Board of Street and Water Com
in~issieners, as the Successors OF the old
BOARD of Public Works Chapter 1874 of
the laws of 1871. The new charter OF
1889 simply transferred Tin Jersey City
the functions and duties OF the old Bosrd
OF Public Works to the Board of Street
and Water Commissioners therein ere
ated. but this transfer. except rs In the
act specially provided was subject % all
fha limitations OF the old Board: one OF