The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1892-05-20
THE CONTRACT VALID,
Corporation Counsel Ed
wards Exhaustive
Opinion on the
Gas Deal.
FINANCE BOARD CONCURRENCE
Not Necessary to Validity in
This Case-Bonds and APP
preparations.
FINANCE BOARD CONCURRENCE
Suit to Be Brought by the Finance
Board at Once to Determine
Its Powers, Clearly.

to the validity Of the gas contracts en-
tered into by the Street and Water Com
missioners and Robert Elliotts Com
panies. Mr.. Edwards opinion is to the
effect that the contracts are binding
upon the city, inasmuch as the con-
currence of the Board Of Finance
was not necessary to insure their
validity. This fact troubled the FL
nance Commissioners, and one of The
greatest law suits the city has ever been
engaged in will be the result. The FL
nance Commissioners have retained
Messrs. Collins and Corbin to investigate
the question of the powers OF concurrence
OF their Board. not only in the awarding
of gas lighting contract, but in all other
matters eminating from the various
Boards under the city government. The
gas contract particularly will be reviewed
by the courts.
a The opinion of Mr.. Edwards is as fol-
lows
May 10. 1892.
Honorable Board of Finance. jersey Cfty,
SIRs-I have been requested to advise
you as to the validity ofthe contracts just
entered into by the Board Of Street and
Water Commissioners for Lighting the
public streets for a term OF five (0 years,
and especially in the following parricu-
lars:-
The power of concurrence of your Board
under Section twentylewo fa2) Of Chapter
one hundred and thirty -four 134) of the
Laws of eighteen hundred and ninety-one.
H.
The duty of your Beard to make appro-
priations to meet the requirements of
such contracts.
The facts that the bonds for the fulfill
ment Of the contracts were not approved
by you. answer these questions In the
order In which you asked them.
POWER OF CONCURRENCE.
First-As to the power of concurrence.
In order to understand TINS questlon
thoroughly 1t will be necessary to review
the history of the power OF lighting the
public streets since the passage of the
City Charter in eighteen hundred and
seventy-one. Under paragraph three 90
of Section thirty-nine (39) Of the charter
Laws 1871 p. Lib the power of lighting
the streets and public places was vested
i'll the Board of Public Works created by
that act. The duty Of lighting, streets
ana public places was transferred by Sec
tion fifteen Q5l of the supplement- of
MdFCu ~, lOtf, VA tuO O10 ChthA oCS W. LOWE
1874 page 509) to the Board of Police Com.
mission ers in the following language
"And be it enacted that the cognizance
and control of the lighting of streets and
public places Is hereby transferred from
the Board of Public Works to the
Board of Police Commissioners of said
city, together with the custody Of all
papers and documents relating thereto,
and all property now in use therefor. ;"
BY the same act, in Section nine (9). the
power of concurrence in the action OF the
Board of Public Works was given to the
Board of Finance and Taxation, but no
such power Of concurrence was given over
the contracts for public lighting trans
ferred TO the Police Commissioners.
HISTORY OF THE CONTRACTS.
From 1874 until 1891. the power OF max
ing yearly contracts tor lighting the pub
lie streets of Jersey City was vested In
the Board of Police Commissioners, and
the action of that Board was not subject
to the concurrence of the Board of FL
nance and Taxation of the old Charter, or
OF the Board of Finance created under the
new Charter of 1889. Section twenty-five
(22), Chapter one hundred and
tufrty-four QS0 of the laws
of 1891, to which you refer
in your questions provides "And be 1t en-
acted that whenever there shall now or
hereafter exist in any city of the first
class any limitation on the powers trans
ferred by this act TO said Board of Street
and Water Commissioners, by requiring
u concurrence of any separate Board or
Municipal officer otner than said Board
of Common Council, Board of Aldermen,
Board of Street and Water Commissioners
OrStreetCommissioner that this act shall
not be construed as dispensing with such
concurrence, but no concurrence of any
Board of Common Council, Board of AL
dermen. Board of Street and Water Com
missioners, or Street commissioners shall
be necessary in any case under this act In
reference TO amy OF the powers or said
Boards which are under this act trans
ferred to said Board of Street and Water
Commissioners; Provided that said Board
of Street and Water Commissioners shall
not enter into any contract or agreement
for a new or other supply OF water for the
use of the inhabitants OF such city until
the same shall have been concurred In by
the Board having charge and control of
The finances of such city, and been ap-
proved by the Mayor thereof" This pro-
vision was passed for the purpose of re-
which your Board had on
any of the powers transferred
to the Board of Street and Water Com
missioners, but, as have shown. you had
no power of concurrence In the contracts
for the lighting of the public streets. and
this section (22) gives you no additional
powers l therefore advise that your
concurrence in the gas contracts under
consideration was not requisite to their
validity. But Section eleven Ql) of Chapter
1874 of the laws of 1891, goes still further,
it gives to the Board of Street and
Water Commissioners 1.-The entire
coutrol and full authority to
provide for public lighting" and by
these terms that Board is invested with
the exclusive power and charged with
the duty of making such contract or con-
tracts or other arrangements for lighting
the streets, avenues, lanes, alleys ana
pther public places In such city and for
such term or terms not exceeding
i've (5) years ss in the Judgment OF
such Board shall be deemed for the
hest interest of the city with the consent
of the Mayor thereof" BY this act the
Legislature vested this whole matter in
Ihs Board of Street and Water Commits
LIS NOT what its proprIetors say, but what