The Jersey City news., 1891-08-12
THAT LICENSE MONEY.
Comptroller Hough Acted
Upon Legal
Opinion.
WHAT COUNSELLOR EDWARDS SAID
Commissioner Keuny's Views on
the Subject-Insists That He Is
Right-What Newark
Has Done.


that Comptroller Hough had virtually
settled the controversy between the
Financiers and the Street and Water
Board over the apportionmsnt of the
money received for licenses Mr.. Hough
did this under the instruction of Corpora
tion Counsel w. D. Edwards, whose legal
opinion on this question has been pub
hshed in THE JERSEY CITY NEWS. This
opinion conhicted with that OF Finance
Commissions Kenny and other mem
bers of the Board, and notice was served
on the Comptroller by President Edel-
sien directing i'm not to honor
without his signature any warrants
from the excise moneys. The Comptrol.
Ter was in a dilemma. City Treasurer
Cleveland had, for the Street and Water
Board, set apart the excise moneys and
contractors were making the life OF Mr..
Hough miserable by their persistent
endeavors to have him sign their war
rants for work done on the streets. Mr..
Hough wrote 10 ex-senator Edwards, ex-
planning these facts.
WHAT Mr.. EDWARDS SAYS.
The following Is the opinion OF the Cor
poration Counseli-
August 8, 1891.
EoRGE r. HouGH, ESQ,
City Comptroller:
DEAR SRI have your letter Of recent date
asking my opinion Of communication served
President of the Board Of Finance, relative TO the
app opriation Of the funds received from licenses
TO the Board of Street and Water Commissioners
for the air and Improvement OF paved streets
and directing yonto sign no warrants until an
appropriation therefor shall be made
SreadT Ss adsssG Me Board o uanc.
this subject and l herewith send copy
of my opinion. This opinion was rendered July
Section ton Il one hsf q the ices received for
licences for three years from and after april 8.
1882, were directed TO be kept as separate
fund for this purpose. The law made this APP
preparation and this action OF the Board OF
Finance is not necessary, as you VIII perceive
my GPnhon h ot 70 bssn nen reneaed by Se
quent Legislation. You called my attention to
Chaper zee of the laws Of 1891. am very
effect the question now before you. After the
present year the appropriation win have to be
made by the Board Of Finance, with the consent
adyise You that under the law you should
honor he warrants ordered drawn BY the Board
signed by the proper officers. upon this fund
The Board OF Finance has no legal warrant TO
stop payment thereof and have examined the
minute OF that Board and do not find that as
Board they have taken any action thereon; but
show this 70 the City Treasurer
Yours truly,
WILLIAM D. EDWARDS
'sYes, l have signed wsrrants for a lit
moneys" said Ccuipt-oiler HouEh 70
NEWS reporter yesterday.
Are the warrants drawn on the appro-
priation for 1891 and 1922"
WILL SIGN MORE. POSSIBLY.
Certainly. | acted under the advice OF
the Corporation Counsel l will sign all
warrants for work on the streets that are
properly presented to me. These war
rants that / have just signed were pre-
seuted the day after ] received the letter
ID nj
ferred the matter 10 MIR. Edwards, and
did not sign the warrants until last Fri.
day afternoon. This gave the Board Oh
Finance plenty of time to take legislative
in the premises it desired to. There is no
question In my mind as to the right OF
the Street and Water Commissioners TO
have set apart In the manner done, their
share of the excise money.
Finance Com missioner John Kenny
was found at the headquarters Of the
McLaughlin Association.
do you know that Comptroller Hough
has signed warrants drawn on this years
excise money!" l asked.
Il have been so informed"
s.What do you think OF this action"
Mr.. KENNY RETIcENT.
II don't propose TO say anything about
the matter at present ] stated at a
meeting of the Board the whole thing.
Under the charter of 1889 the money re-
ceived froms license fees was apportioned
by the Board of Finance and the Street
and Water Commissioners expended II as
they deemed proper. This absolute right
they have. but the money. understand
me was first Hpportioned bv the Finance
Commissioners Chapter 1874 OF the Laws
of 1891 was passed to benefit Newark.
II had to be made q general law
embracing cities OF the first class
which included this CITY. What Is under
this chapter law for Newark Is law for
this city. If the Common Council OF
Newark has the right to apportion ex-
cIse money for the use of the Street and
Water Commissioner the Board of
Finance in this city has the same power. 4
for each is the Board having control Of
the finances.
WHAT WAS DONE IN NEWARK.
The Common Council of Newark,
under that Jaw, apportions the excise
money for six years, but. the opinion OF
the Corporation Counsel only permit the
Board Of Finance TO apportion the money
for five year S. / do not understand how,
under a general law, this can be- IL
Clause 'ui in Chapter is4 but in
Chapter 226, Laws of 1891. All acts and
parts of acts Inconsistent with IL are re-
pealed, thereby repeating any imaginary
rights the Street and Water commission
efs, through the Corporation Counsel,
claim for the first time"
"Will the Board of Finance con test the
action OF Comptroller HoughW
Il don't know that it will. have not
consulted any of the members yet. You
see look at this matter as a sim ple duty
imposed en- the Finance Commissioners:
We were intrusted with this duty and |
want to perform my snare of it. IG Is not
q question OF whether the money shall be
expended or how, for the law designates
that, but IL Is the principle involved in
the question OF who shali apportion it.
Ir the. Board of Finance apportioned the
money the Street and Water Board would
receive exactly the same sum Ii gets under
the apportionment advised by the Corpor-
alton Counsel The law says this Board
shall have certain part OF the excise
money, and no deviation from tnat alot-
ment can be made
Are you in favor of appealing TO the
courts"
al can not say just now know that
the charter nrovides a punishment for
members OF Boards who fall to do their
duty but whether this effects heads Of
departments | am not now prepared TO
say. Il permits the MAYOR to suspend,
and the Governor TO dismiss. Tonight
there will be conference of tine Board of
Finance ana Street aud Water Commits
sioners at the City Hall. don't know
what will be discussed !"