The Jersey City news., 1892-05-20
THE JERSEY CITY NEWS FRIDAY. MAY 20 1892

possession the duplicates of said pay rolls
for future comparison.
The ayes and nays having been called
on each of the above resolutions tney
were adopted by the following vote;
Ayes = President Edelstein. Messrs.
Allen, Bedell aud Peterson. e.s ,Ss s.s
Absent Mr. Hi l1ier. ss.,sssyCog<}sSg .sSsv i@sx
By Mr. Peterson. s ssP ,Ey #A
Resolved, 9slfat the Corporation Counsel
be requested to advise this Boayd at us
ne&f tneetiUG 9as.tp the validity Of hs,
coatpactsS heFesofcTe> enteredxfnto oy tne'
Board of Street aud Water Commission
srss storsIi sIightipgyof &pe public streets, and
especially = ID the foflowfug particulars:
q The power of concurrence of this
Board aDder section ass of chapter la OF
3. The dnty of this Board to make ap-
propriations to meet the requirements
of such contracts.
8. The fact that the bonds for the full
fillment OF the contracts were not ap-
proved by this Board; and be it
further
Resolved. That until snch opinion shall
be rendered the financial officers OF the
city be directed to refuse to honor any
warrants for payments under said con-
tracts.
Mr. Peterson then spoke as follows:
my reasons for Offering this resolution
are that by the Charter or 1871 ana its
many supplements, find the concurring
power Of this Board remaining through
them ali until we come to the Charter OF
1889. In Section ID of said charter the
sane principle of concurrence in meas
ure ID retained wherever 1t says that no
contract shall be binding upon the city or
become effective or operative until SAID
bonds are approved by the BOARD OF
Finance. Section IS requires that that
provision of the Charter should be re-
ferred TO in any advertisement inviting
bids for any public work.
II now come to Section % of the act OF
1891, known as Chapter 1874, creating the
Board of Street and Water Commissioners
of Newark and Jersey City. 1t is very
clear section to me, Mr.. President. 1t is
that whenever there shall. now or here
after, exist in any city Of the first class
any limitations on the powers
transferred by this ac51 to the
said ~ Board of Street and
Water Commissioners by requiring
municipal officer other than said Board
of Common Council, Board of Aldermen,
Board of Street and Water Commissioners
or Street Commissioner, that this act
shall not be construed as dispensing with
such concurrence.
believe it to be. a law 80 clear and simple
that l cannot see how those contracts
can be valid until the requirements OF
the Charter of 1889. and Section 90. Chap
ter 134 of the Laws of 1891, are complied
with.
1t will not do, Mr.. President, to say that
the Street and Water Board of Jersey
City possesses the same powers under
this act that the Street and Water
Board of Newark possesses. The New
ark Board possesses absolute powers,
under Section IL of this act with the con.
sent of the Mayor to make or enter into
contract for the lighting of the streets.
ETC., for by Section % of the Act OF 1891.
no concurrence of any Board of Common
Council, Board of Aldermen, Board oi
Street and Water Commissioners. OF
Street Commissioner, shall be necessary
in any case under this act in reference to
any of the powers of said Boards which
are under this act transferred to said
Board OF Street and Water Commission
ers.
The ayes and nays having been called
on the above resolution it was adopted
by the following vote:
Ayes-President Edelstein, Messrs. AL
! len, Bedell and Peterson.
Nays-None.
Absent-Mr. Hitler.
On motion the Board then adjourned.
W. G. GERMAN,
Clerk.